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HomeMy WebLinkAbout04-18-1983 Planning PacketPLANNING COMMISSION MEETING COUNCIL CHAMBERS 7:30 P.M. MONDAY, APRIL 18, 1983 Council Representative - James Grabek CALL TO ORDER ^^ PUBLIC HEARTNCR 7:30 P.M. #735 T.arrv . 490 Ryown RoaH c<-\n^-l-> _ ^ < « Sion - Final Subdivision^.4.»»<zV<^^^^^ 8:00 P.M. #737 Robert Schneck, 3155 Jamestown Road - Subdivision iA^ 8:15 P.M. #739 Edward T. Lehman, 3525 Shoreline Drive, 2440, 2450, 2470 carman Street - Subdivision - ^uMc Action Items ~ “ ^ #711 Raymond Kloss, 3775 Togo Road - Final Subdivision - Re^^UrtiorT'^* #738 Kip Nelson, 4580 Watertown Road - Conditional Use Permit^ ^ #740 Edward T. Lehman, 2450 Carman Street - Variance^%u#^<^ #741 William Sinclair, 1360 Cherry Place - Variance + Conditional Use Permit- #742 Craig Olson, 1960 Shoreline Drive - Conditional Use permit Select Planning Commission Member to attend Coi^cil meeting of May 9, 1983 Work Session v^43 Willow Properties, Inc., 350 Willow Drive - Subdivision ^JHe^roval of Minutes Approval of Planning Commission Minutes of March 21, 1983 AjL. A SION MEETING 5 7:30 P.M. 18, 1983 C -——— j-cS^^ 3rown Road South - Preliminary Lyman Avenue - Subdivision L55 Jamestown Road - Subdivision 3525 Shoreline Drive, 2440, 2450, 2470 Lsion-,>w^ id - Final Subdivision - Re^^ution ^oad - Conditional Use Permit^ m Street - Variance^^^^i-^-^cV :y Place - Variance + Conditional Use Drive - Conditional Use permit attend Council meeting of May 9, 1983 Llow Drive - Subdivision :es of March 21, 1983 FROM: DATE: *. i.' ;•■-■^mm Planning Commission Members Jeanne A. Mabusth/ Zoning Administrator April 12, 1983 SUBJECT:^•735 - Larry Bader “ Brown Road South Final Subdivision - Preliminary and Planning Commission Action - Subdivision Approval - Public Hearing Application - Plat - Three Lots Zoning District RR-IB Area - Nine-plus Acres List of Exhibits Exhibit A - Planning Commission Minutes - May 4, Exhibit B - Council Minutes - May 27, 1981 Exhibit C - Final Plat Exhibit D - Resolution 1981 s:; r;iL“o; sfS.sSiS'ors 1981^''^Thrcity^illoir4 Jea^afterprelimiiarrapprovll to finalize a For tio yearsrs?aff has worked with several individuals who were aUiot Mrs Stronq in completing the plat. Over a month ago, I was advisid th^ Mrs. Strong would be forced to sell the property as one parcel » Tar-rv Bader orior to final approval. The plat and accompanying Lcun^nts^had to be revised for they would now require the signature of a new owner. ThP citv Staff asked the new owner to file a subdivision application and called for a public hearing as the original public hearing for e p a was held two years ago. May 4, 1981. Tn review of the Planning Commission minutes of May 4, 1981 and the Council rnSnute^of Ly 27! iSsi ^Exhibits A . B) , staff <=an advise that ^he existing seotic system for the Strong house has been approved by „ Ind that^the road outlot entrance has been extended to a 50 foot width for the first 100 feet at the request of the County. staff has drafted a resolution for final approval of Stronghold, ^e recoL^nd bo^rpreliminary and final approval of Larry Bader's subdivision application. ■ '• ■_ _ _ _ _-_ _ _ _ _ _ _ _LJ_ _ _ _ _: subdi\ of lar of tht treati that ^ witho' a sub iry and iring cia Strong, original May 27, alize a who were , I was s one parcel nying lature of a Lcation and the plat 3 the Council the existing L Gaffron Dt width for Id. We s subaiv'ision City of OR-ONO CITY OF ORONO resolution of the city council NO. A RESOLUTION APPROVING THE PLAT OF STRONGHOLD miMBAS, th. Cltj f;jS2lS'md°SM*a.™Wpc«n« subdivision regulations tor tne ^ of land within the City; and WHEREAS, the g^city^of^Orono^s ^-site sewage of the RR-IB each lot is^of a size and configuration thaf JIlu a??o« itfisl as a single family residence to be located without the need of any variances: an whfrfas the City Council has considered the application for a subdivisfofpla; by^arri; Bader, the Subdivider: and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including. 1. Dedication on the plat of drainage and utility easements. 2. Dedication on the plat of right of way for public road, shown as County Road #146. 3. creation of a private driveway shown on the plat as Outlet B. 4.concurrent with ^he creation of ^h^® ' the subdivider has city Pettan^nt access.Utilities Easement granting to the c y p q ^lot: the 5.Dedication to the City of wetlands ^^irr^^rri^n^^^irys^^desirTb^f t^ctern fnd shown on the plat as "drainage easements . CITY the City County, W The appro been file necessary review. Adopted b meeting h Nays mm bion sota; and s adopted development ill standards :e sewage iiguration located Lication for ements of the ty easements ublic road, plat as riveway, id and tont 3cc0SSf itlot; the egress, : in favor Lng a (therein each ::ovenants 3 cost of tservation ise of wetlands shown on the m City of ORONO ' CITY RESOLUTION OF THE CITY COUNCIL NO. _______________ OF ORONO 6.Execution of a Subdivider's Agreement providing for installation of the private driveway as approved by the City as a condition of subdivision approval. 7, Payment to the City of a Park Dedication Fee in the amount of $400. 8. Payment to the City for the legal review and recording of the plat and all documents related thereto in the amount of $75. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby aproves the plat of Stronghold, Hennepin County, Minnesota; subject to the following conditions; 1. Access to Lots 1, 2 & 3, Block 1, Stronghold, shall be from the private driveway with no direct access permitted to Brown Road South. 2. Outlot A, Stronghold, shall remain under joint ownership with Lot 2, Block 1, Stronghold. 3.The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before 1983, together with a certified original copy of this Resolution and executed copies of the easements and covenants described herein. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, 1983, by a vote of_ _ _Ayes and Nays. Mary C. Butler, Mayor Attest; Alberta M. Strom, City Clerk ii MINUTES 0 The Plann following Jabbour, Mabusth r Richard F ficate of No one Wc tion. Jabbour \ high wat< gravel r< nevj road Goetten i to the f' 1) Priva acces 2) Remov Devel ments 3/ City drive 4) All c gradi 5) Paymt $200 McDonal< Mr. and certifi tion. this ap Jabbour drivewa lot lin of wet to the tain tY would r would 1 lot to McDona] place i tion. clear • the si existi: > >roviding for 5 approved by approval . >n Fee in the iw and recording :hereto in the :y Council of >ld, Hennepin IS: ighold, 1 no direct ir joint ownership le City of Orono with 3n or before certified original ^pies of the Ln. if the plat has not It, it will be Orono for subdivision rmesota at a regular of_ _Ayes and MINUTES OF TUB rUANMING COMMISSION MEETING OF MAV 4, 1981 The Planning Coinmission met on above da^^The following members were present: Chairma 7.40Jabbour.^McDonald Goetten and Aoams arrived at 7.40. Mabusth represented the Cit^ start. attendance 7:30 PM , „ • u or-fiQfsnt Mabusth noted the certi”Richard Raiche was t affidavit of publication..ppu„- tion. RICHARD RAICHE 2901 Watertown Subdivision #603 7:30-7:35 PM crabbour was -'--f hrwoSld^re'ovrthe" high «ater. subdivision approval and ^erroad^onl true ted along west edge of the Property. Goetten motioned to approve the application subject to the following conditions. 1) Private driveway to serve all three lots, no direct access for Lot 1 to Watertown Rd. ni o ^>yistinq road dov/n center of property. =^e?^s^agreemLt Will be reg^ ments not completed prior to rinax 3) City to acquire road and utilities easement o\er driveway outlet. 4) All disturbed area to be seeded v;ithin 10 days of grading completion. 5) Payment of park dedication tee in amount of $600.00 $200.00 for each lot. McDonald moved to second. Vote: Ayes (4), Nays (0) Mr and Mrs. Strong were present. Mabusth^noted the certificate of mailing and the affidavit tion^ NO one was present in the audience to addres. this application. RUXTOM R. STRONG 420 So. Brown Rd. Subdivision 609 7:45-7:50 PM Jabbour questioned the maximum width of the driveway and hoped that a minimum of 14 ft. ^ lot line could be maintained because of the prox - y wet lands In reality, the road serves two lots to the rear of the property and therefore could main tain the standards of a private driveway. This ro would never be used as a r°ad‘out would recommend limiting .'^oo ftlot to 30 ft. with the normal cul de sac of 100 ft. McDonald asked Strong to describe what place the dav the site inspector made ^ ?ion. Strong stated that this was an attempt to clear the drainfield lines, but that he the site inspector on questions he had concerning the existing septic system. ■^flf -V ' '• ><'■• ■ 4 ,1981 le J:40 ATTENDANCE 7:30 PM :ti- 1. i- RICHAP.D raiche 2901 Watertown Rd Subdivision #603 7:30-7:35 PM the e nd rty ct irect :ty. :ove- /al. i^er s of 600.00 (0) the ca- y/ruxtom r. strong 420 So. Brown Rd. Subdivision #609 7:45-7:50 PM sed the .mity lain- oad He :t. .ng ispec- :o :heck with Lng the V>k ■;, k.'HEC.Ul ,,,-FS OF THE PLANNING COMMISSION .".F.ETING OF MAY 4, 1901 Page 2 Adams moved to approve the 3 lot plat of ^ aoproving a setback variance to the wet lands of 26 ft. for the propos«>d road outlot based on the hardship ol the location of the wetlands blocking access to rear of the property and subject to the following conditions: Road out lot B to be no more than 30 ft. width and to have a finished road service not to exceed a 14 ft. width located along at the most southern location. Driveway to be constructed to private driveway standards. 3) Out lot A to be determined a non buildabie lot and to be owned by lot 2. 4) Dedication of 33 ft. for Brown Road or County Rd. 146. 5) Flowage and conservation easement of the 1.3 acres over wetlands. 6) All access to these lots via plat road. 7) Payment of the Park Dedication Fee of S400.00; $200.00 for each lot. 8) Adequate protection of wet lands provided during con­ struction of road. 9) Septic Inspector to approve existing septic before final plat approval. Jabbour moved to second. Vote: .Ayes (5), Mays (0). Mr. Bredeson v/as present. Planning Commission ad­ vised Mr. Bredeson that the plans for the house were too ambitious for this size lot. They noted this at their first meeting. They cautioned the applicant as to limiting the hardcover. ROBERT G. BREDESON 1410 Rest Point Rd Variance #607 Bredeson asked for clarification and to give specific direction as to allov/ed amound of hardcover for his proposal. Jabbour recommended the following standards: 1) House to be located 25 ft. from cul de sac, 10 ft. from north property line, and to be limited to a maximum of 2800 sq. ft hardcover. Hammerel moved to table the application pending receipt of a revised plan from the applicant. Jabbour moved to second. Vote: Ayes (5), Nays (0). Joani pro 1 Sout oMiiiii 19G1 Page 2 nd 14 ct. n. tandards. 1. 146. res 3 con- ore I) . ROBERT G. BREDESON 1410 Rest Point Rd Variance ^607 Lfic is 0) . ,,OU,.AK .l.:.T,NC, or THE OUONO COUNCU.. ^tAV 27. 1 ^ rage ^ pro "Iminfrv^subdfvisr;" Err^TzO^Brow^Rd. South. Hurr moved, Hannah «-°f„f,/°„bSEvrston"" Ruxton R. Strong ,h the understanding at 420 Brown Road Sout ^ -i-mce to lot 1 our they wore granting based on the hardships2 a«o contiguous _standard^based^^ of the location o. tl _ _ _ _ _k. ; /ruxton R. 4 20 BROVIN ROAD bOUTH preliminary SUD2 division Hannah moved, the sanrrulinfof sf;2d Action, Ayes (31 7(uvs (0) Kii*- he had called Mr. Davis be tabled at and asked t ^ ' Vo,^..id be present, such 3 time tnat nu n^rnih seconded to table Hurr mov^-d, lUn. - until such -imeJack Davis's variance untii.^^^^^ ^3^ he could be available. Nays (0) Is^he^fs'll^anf no? ?b!? "t?^?tend“!' ' as -- - - Hannah n'.oved, Hurr secondedjo^tab^^^ ,g, Star Marina 1981 ^i^-en::, HO one •••.•as present from Gayles Marina. Discussion was that^sta^ J^,^®t''hrwas Gayles Marina gus. ^he fence doing exactly- . • - The Henneoin is or. “,^5-;::.,tesontod and we county ofrice was r-P‘- ^re doing don't hive uny.idoa -wnat so at the meetinv^t..-, V 1 Mr. Whittiq wixl *1— J Silco plsinning. j ^ Vo ^3b 1 o t*n i^ aurr moved, ®^g°"Ef meets with Mr. item until such ^avs (0) Whittig. Motion, Ayes ‘ -WIIX u U nothing about update of lorron Butler -"^tha?\"a?'?cen"a?k?a'h??"be?r' l%o"Xrto City speed. There is license it is o? the Marina action, just 3 matter ot legal torren • * RICHARD RiMCHD SI ti if..' . . JACK DAVIS 1345 VINE PLACE VARIANCE -610 ORTH STAR M^*I‘^ 1931 license GAYLES 1931 MAR IN.-. L J-'- L--. b i- w IM D w A RD MA RIN E Siif '0ti\ . i~ Ulii '-- t I m ■ ■k M I , t' » t »« ratio i R. i?TRONG 0VJI4 ROAD SOUTH UNARY SUD- :ON ^ I RD RiMCHi­tt. :■’•:•■ \'-2 DAVIS VINE PLACE ANCE ~610 fe-: ^ lH star MPiRIN'A marina LiCSNSr.I les marina 1 marina Lit,E.-.b!- .a is;. *¥■ IMDWARD MJtRiNE : V- V-A 9^ i- ':- ■v ‘.< ' 3 ■ . •. g?-. -•.!' k- t.1 ri ■ ■ '■ ■■ ■T , « TO V-.. STRONGHOLD •f ««*«•' t*-.. ^ /7\.wi S «. B • /* L J«M' I 0 / fi' ^ t- ^ C '■• 1' '' \ WA' ® • K “r 2 I /’ #4^ f9 r» ‘ ' / ' / •’ ^ / «■••• *• i’liJI' vr^fOUTLOT^B __ 0 ^t| ./IBtflMlVx) ‘ 1 IM* # •* SCALE IN . denotes «cm monument bearings SH04N ARE ASSUMED long lake, MINNESOTA _ * ■ T ••M CC«' •••• ’• " AM A: V. i .- .■ ;y. I s’ \ S ••;•■• 51 I TO; FROM: DATE: SUBJECT: Planr Jeanr April #736 Zoning Distri* Area 5.26 ac Application - List of Exhib Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I - A - P - P - P ^ C c Im « c - I - c Planning Conn Mr. Mogen pr< inspection m. an old septi system, is 1 can be corre The vacant 1 and the sept option to cu lot line cha We will requ and septic c Access to th through lots When you ma> gravel drive easement agi agreement w< RLS 1067. Staff recomi To recommen all lot sta additional been satisf \ >■ .1 > ^4 !•# CO^ INC. UHVftOW y I :f ^ ’■ii V- 1^1 1 i *v. rv-- TO; Planning Commission FROM: Jeanne A. Mabusth DKTE; April 13, 1983 SUBJECT: #736 Donald C. Mogen 1170 Lyman Ave - Preliminary Subdivision Application - subdivision plat - 2 lot List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Application Property Owners List Plat Map Preliminary Plan Staff's recommended lot line Survey of access easement to Tract Easement Agreement claim deed affecting Tract A* corrective easement - quit claim aeea - call for recommendation of Planning Commission Action - approval. Mr. Mogen proposes ^he division *’^®^2oSing''Ad^inistrator disclosed that irrif teptrdraInrifld?"no:°u^ as an °ver^w fainfield^fot the^new^^^ system, is located 30' Y^^^-na^?L''lot^linrL he suggested on Exhibit F. can be corrected by required 200' at the building site The vacant lot will still The applicant may still have the “Si-oSnhrXiUS lot line change is not acceptable. rndieptlc^dfslg^oranges !j;^thrrr^pLirfor%hrnrhous^ — « • * * * _ Access to this property is via ‘l?tcf RlI IO67! through lots 21 - 26 inclusive 4,,st keeo driving till yon reach the last ”!;:verSrTve:ar-%rop«tJPrdersWoodhill^Coun« Igrl^ment'woriraUo^rin favSHf a new lot created from division of Tract C. RLS 1067. Staff recommendation: all lot standards of the RR ^°"L^orono On Site Sewage Treatment code has ^heej-nrisfiel^ ^^^irap^rova^'is^fub^ect to the following conditions: .' V S Ifllim,:.,. Pi;,, Daviu mogen ou Page -2- Applicati< applicant in receip house. I City must 2. Payment c $200.00. 3. Owner of newly cr« 4 . Per Sept; Gaffron'; Subdivision Tract A nmendation of A site disclosed that for the new fron noted this on Exhibit F.. uilding site 11 have the feels staff's existing house lot. its G,H & I) RLS 1067. u reach the last n review of the firm that this division of Tract C# logen finding id pending :ment code has iitions: f David Mogen Subdivision Page -2- Application cannot be scheduled *°^^^°g"geptic*'system*'and*'staff is applicant resolves issue l^Lr^ation Lr lot with existing cit,........... p . .. . . . . .. „ ,City must reoexvc -------- 1. , fil lot @ payment of park fee of »00.00 - per current fee schedu $200.00. ■ tna house grant access easement in favor of 3. owner of lot with existing house g newly created lot.nev/l V ciT0£itisci xou • ^ rpvise septic design per!-• ^nr^ctnltanf s recommendation - revise s p 4. Per Septic consultant s Gaffron's report dated 4-12- h-. » -,■ '* ■ 'i' *•■ ^ ■■ .* -,*' ' •* ' ,/ ^ Plr.l of fiurvcy Tor U'r. ’l'J C. Hoc*” r Trnrt C. Hcr.1'Vr«d lynd Su^ey I/>. 10^7 l-o.nnci.ln m-u.'-y, Ulnnosot# ^20 35 Cerliri<-«t« «<■ Survey : ......corT-rt, rcnror.^nUtloi. of n rrao:^. :L!iT.r o. „nco.,..v..n... Scale: Date : 1« ■ 100* 11-17-76 Iron nvirkcr Conion K. Co rr 1 n ^ n I^-.nd L;u-/oyor rxnaj'Hlai.neri ,j ; Jj lyonf. l.*»Vr, KiniiosoU ' i J .^t:> (i;A •-:) 9•:fo • \i K CITY OF ORON"^ i&i*r8»*afiiss> TO: FROM: DATE: SUBJECT I have 4 plus wish to Existin tanks a was add The old with a propose (attach include keepinc No alt€ and ar< This t< subdiv: Lot B A site Sunde ; test 1< test h< altern. from a house mottli trench from t Becaus of sep to ser I note locate This h TO: FROM: DATE: Jeanne A. Mabusth, Zoning Administrator Michael P. Gaffron, Septic System Inspector April 12, 1983 SUBJECT: Donald C. Mogen, 1170 L>man Avenue Subdivision, Septic System and Site Evaluation Review I have reviewed the Mogen proposal for subdivision of the 4 plus acre property to create a second building site, and wish to make the following comments. Lot A (Existing House) Existing system for 1170 Lyman Avenue consists of 2 septic tanks and 2 separate drainfield systems. A new drainfield was added in 1981, keeping the old field as an overflow. The old drainfield was located by probing and the end marked with a stake. This drainfield extends about 30' into the proposed new lot, which is unacceptable. I have sketched (attached) a recommended lot line rearrangement which wil include the existing house and drainfield on one lot while keeping an approximate 2.0 acre lot size for both lots. No alternate site was tested to show that suitable soils and area exist for future drainfield for of'^the This testing should be submitted and approved as part of the subdivision process. Lot B (New Lot) A site evaluation of this property was Sunde in 1978. I believe I have properly transcribed test locations onto the sketch attached, although no actua test holes could be located. The proposed primary alternate drainfield sites lie on a terrace from a steeper bank, above which is the f house location. With an average perc rate of 48 ^ , mottling not observed in the borings, the proposed standar trench system is acceptable. The site is more than from the wetland and approximately 8' higher in elevation. Because of the odd-shaped lot configuration of septic systems on both lots, possible sites for a to serve the new lot are somewhat limited but not unworka This house location is, of course, not acceptable. Re Ap Pa A s> Pi nc ar F] wc t< b\ : mm: ::tor luation Review n of the site, and 2 septic rainfield 2rflow. end marked into the sketched hich will lot while lots. le soils sting house, part of the »y Gerald M. .bed his no actual r and just down roposed 4PI, and 3 standard an 75' levation. location for a well ot unworkable. s a house nfield site, le. Jeanne A. Mabusth, Zoning Administrator Re: Donald C. Mogen, 1170 Lyman Avenue April 12, 1983 Page 2 A number of deficiencies are noted in the proposed septic system design: Proposed Required 2 tanks 1-900 gal 1-500 gal. 2 tanks 1-1000 gal min 1-750 gal min Proposed Required 915 s.f. drainfield 330 s.f. per bedroom or 990 s.f. for a 3 bedroom home Proposed "levelling" at drainfield site is questionable and not advisable - drainfield site should remain undisturbed and drop boxes should be used. Finally, note that if a proposal for a specific house location would encroach on the tested drainfield sites, further testing would likely be required prior to approval of a building permit. mmmm ' ' . . Sketch for of nioposr'i d: 'vowa: unpenicr.t ^ in nnc> .idlolr.lnc iictlfUrod U:.C ^voy -r. » Hcnnn:)iti Cowty, M5nno... U C.60 47 10:- C*«Ur\*ri<. of «.«. *. H 87® 45'40* v*-'704 5» --------to/^ ’on/* I I ru.. Uln"-0-..VHVed c-.U-nmo: wUhin 15_ 0=ct. 5i..e Tn,.rt. B- th-jrxo on »t; HSSim.-'*Vi VnZ 5 r-^ol on oooh side of •0^: the x on -n nss.med cl™'nrTi^ the Soulhvost ooynor "f J," f o!' the South Uno be'r n. c? horth 87O40-49" of her.irrin, of tt.e ccnter- line beim; desrrlled; tnence hortn ;f; ‘ „ radius of 120 feet and ttnee alone u tangential cune to «■" jUM '> ^ f,^ojo> Ssst a dia- c-fTl anrlo of 47° a distanoo of rifht huvinf; a uVrea of 97.r.0 foetj thence a ion;; " ‘■"^■"'^^‘^.‘■di^tanre of 152.SV feet; thence 1 , radius of 730 foot -no hj feat; thence alon,; . tansontlal curve North 73°2C iiast a dh^^ance °r 2^-;^ ,f yjO , ,.)sf.nce of lo. --^0 to the rieVt havin. a radius of Uo feat and , 'ind thorc ondin^;:. 1 X ♦ r^r rh'rl<^s Streat vacated, >5C.d of nid... of ^2^. "C rono i.-rchaiJS , ^Is a..* or.c eiw, res~,«.«„rin.* Mt tho South -4^rt r of th“ So".U.-^aat funrler of X" oriV-i center'Ine: Connioncinf at the cm, Principal ^■.eridlan! tt.enco on an rc;tlon 35. T0«ship 118 SVL^^riy erter.nioy of U,.- -,r;i:u;tr,rt^”inrcr:;distan e Of u roc.* to the oointe of betinninf. of the Uu. richt hovir.f a rucius oI a disUnco of 160 feet; 122.17 feet, erd there e..cln;,. 14? feot cer.li-1- oi j 6 .Jordon h. Coffin Hec. ^ lilvin !l. liohdor det- ho.l3«.?5 r*urv<*yorr- ync PlflCaT'-rsui:v- Lono i-ako, Kiunesota KI&iM '1/m m k * f • A•7^* ^ - '^0 :*ri \ ’ 2 S t/G I'^jO i> i '• n, lyi^i.' ►rlirio: i Hssuir.ed j South Line of the ccnt*3r- .37 feet; 120 feet and 20' Sr.rt a dls- ht h'.:vinf: a ■) fpot; thence igor.tlpl curve *e of lt>C»30 ^d, and of ■»»» fo 1 Lonf"*” anrtor of thence on an ♦h lire of taiice of 100 ,th West u rucius of in hec. Nc. 6O64 r itet;. Ko.13295 3r.j Flanners j^esota '■Jh V id'' m m f> o V • ^ . O v| m m-- ='■. ■ - . •'. ■•; Vv'- .=■mm r:- :v:> > ■ K ,.jlj^_ • •. A • . '-• ■■ .• ^ Mmm mmm •>::m r '■ • :V/. "'-y AACT^---- t m. %WK yfimAA ■y^wh *"»■'•, -#.1 ;■;.■:■> "•■:•• ■I'.l ;••■. ■ • '-i '.. "■'■■: : y V ;■ ■••, j'.f;A. V v: gymmy-: .y.L... _i_-1* ..;._i_j . ’■•;;•■; A---A»f^=y-v;ysr,/;vV' • TO: FROM: DATE: Plannii Jeanne April SUBJECT: #737 R Zoning District Application — £ Area - 5 acres Lot 1 - Lot 2 - List of Exhibit Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Ap: Pr PI Co cl Ap Se St The applicant Liberty Acres property is Ic has approximal by the DNR as structures. Staff is conc< setbacks and newly created another possi The septic te I do not feel shore standar lake is a wil and width of Commission ma planning Comn within the L: proposal as i could not be unit per 5 a« was included must enforce The City wil lot standard Planning Commission FROM: Jeanne A. Mabusth DATE; April 12, 1983 preliminary SubdivisionT, 3155 Jamestown Rd. Preiimin y SUBJECT: #737 Robert F. Schneck, I°^irca?tfn “"subd!rifion Area - 5 acres Lot 1-3 acres Lot 2-2 acres - plat - 2 lots List of Exhibits: Exhibit A Exhibit B Exhibit C Exhibit D . Application - property Owners List. " Maps Q TQ r>NR. council Minutes 1-9-79classification of Lake Classen Exhibit E - Ixhibtt G - Itaff sketch -^ot line realignment The applicant proposes a division J'p®^red'^in*'5'"acre*lots although the liber?? Acres Plat « drvrsron zLing distirct The lot structures. staff is concerned ^jven the location^of^the^septi^ en^llope'^for the rew^rc?e:?ed"ird?L'not contain 200' °| -quired width. I have sketched Smother possible lot split for your consideration. The septic testing ^^g^^i^tiy^adhere^ the^200^^width of lake- I do not feel it necessary t located in the RR-IB Zoning District, the shore standard as the prope y , saqe and there is adequate area lake is a wilderness lake with lim riparian use. Planning and width of stanLrd still be observed.Commission may certainly recommend that tne stanaa __• s nrr r»ronertV owr commission may - - Planning Commission should be ®^^^“^g^‘'3^d''c?nf?sed''with^thr??rrL^ ?ould not be redivided - that! indeed, if this condition rs^ScIuLrfn fh"e!r^?;st^irive^'c:^ts th4t they the property owners must enforce them. Z City will be responsible for assuring that the 2 acres rural residential lot standards are maintained. m €. .V: -.V'; .;.v^ . ^ S! 1 ■■■rV y..j •"•••v::/-iiiu iiin awi staff Recorome To approve th standards of Treatment Coc conditions: 1. Prior be sul 2. Paymei schedi 3. Acces at ti New o maint docum to th ary Subdivision rated in the although the ret. The lot ke designated ack for all rea, required nvelope for the I have sketched trench system . idth of lake- ng District, the adequate area use. Planning be observed. >roperty owners le current lat the lots the 1 residential lis condition Dperty owners rural residential -- - - - -- Staff Recommendations: To approve the 2 lot subdivision of Robert ^^ ®°]j"®|''on-site^Sewage standards of the RR-IB zoning ^Sval is subject to the following Treatment Code have been met. This app conditions: New owner r4 2 must P^^^^gjgioper^must draft^revised roru^rntr^lsfure^^hls fs1one"^''copLs Should be submitted to the City. Mr. James D] Resources, v Conry rest c Trail. A short dis( type of san: the well an< the septic j ?aurus move< draft a res< approving tl Conry rest . Trail to in facilities, sanitary fa system ordi Mr. Alan 01: record the . Ledstrom, 3 1978, which This applic of 30.5 acr on the nort Commission 1978, and a February 6, fim List of ite stage (set on February Private include Knoll) Circle. Septic The 973 and flc Road #6 Road # € Applicc Our rec review€ Setbacks - natural em for all St] drainfield: memo indic< boundary. Zoning Adm: this has b< all lot Sewage e following must sketch. mt fee staff and revised ubmitted i. ''m •' c:iVv ^4 ■*.t i ’"'Sti Ui' •-!0!:GULAR meeting of the orono council, JAn£XH©IT979 Mr. James Bloemendahl, Department of Natural Resources, was present concerning the Wakeficld- Conry rest area at Willow Drive and the Luce Line Trail. LUCE LINE TRAIL Wakefield-Conry Area A short discussion followed concerning no parking, type of sanitary facilities, permits required for the well and sanitary facilities, and variance to the septic system ordinance. ^aurus moved, Butler seconded, to request staff to draft a resolution for the next Council meeting approving the concept of the plan for the Wakefield- Conry rest area at Willow Drive and the Luce Line Trail to include no parking, type of sanitary facilities, required permits for the well and sanitary facilities, and variance to the septic system ordinance. Motion, Ayes (4) - Nays (0). Mr. Alan Olson, City Planner, entered into the record the request for a subdivision of Richard Ledstrom, 3405 Sixth Avenue North, dated December 6, 1978, which states: SUBDIVISION 3405 Sixth Avenue North #348 Richard Ledstrom This application involves a three lot subdivision of 30.5 acres to the south of County Road #6 and on the northwest shore of Lake Classen. Planning Commission first reviewed the application in January, 1978, and a public information meeting was held on February 6, 1978. List of items to be completed by preliminary approval stage (set forth at the public information meeting on February 6, 1978) are; Private road designated as an outlot, plat now includes Lot 3 (original Lot 1, Block 2, Rocky Knoll) because of its involvement in Ledstrom Circle. Septic test submitted and approved. The 973 contour line designates the conservation and flowage easement across Lot 1 near County Road #6 from wetlands to a culvert under County Road #6 at the northwest corner of plat. Applicant to submit access permit for subdivision. Our records show no recent submittals—to be reviewed with applicant. Setbacks - Lake Classen has been designated as a^ natural environment lake and requires a 150' setback for all structures and 75* for all septic tanks and drainfields (set by PCA). The septic inspectors memo indicates a need to determine the lake-wetland boundary. Upon review of memos by the previous Zoning Administrator and comments from other agencies. this has been determined. mm (Continued) age 2 ilNE TRAIL leld-Conry Area frpfih<exhibit -— <»r p. for HoUn-t h. nchrurU f f o;- :/>*. 'Hr»:V I, l!onn»*}Hri roiml..* , rUnnooc-1/- VISION Sixth Avenue North rd Ledstrom 1 \ ! lr'**r. f 1 r 1 ro'. U i 5•.r r«:t‘ 1 (• #•••»''•• • • O *th»* 1 .'T ;«.<■ ;■,»‘l :*rl jV •VH{! , Iv>!»•* n !, 1 oxl.s • #• i A ■ t rnr • door. t:»t puriX)rt to show piror i :u-or e:sCi'OMr!» ’ *ny. ^ T ** * * *** f‘of# •.'%(! . • I * I • I »I !/wi*! y.Mt'Vf '»»’* fin'1 I'V’inm •"onr N « 5 •• ••■■-■/- : I r.'ii /.or z , diocK / •:UI v»\v; •ortlJ’y i.bnt i;t* r.r.'^ r»'r- rv<»‘tlcn ol* *i jtck 1, :i, Uu? loca ­ ls t.lnp tuUd- ’•iV.-fi# H to ohow r or erctvnrjt- I'l’innci* rt* .n r. OF 01 <T^/£-i/asAry Ac^€s i’ * VWi- * 1 .•.•'■■fv>:- :•-i V * • ^ *:• •**. • V* . .-. I - . ; *■•.*.•'.'»• •; ':^V0 A • • . . • ’ 0 '-#• - - • r •'•••• -is.*-?-'' i: •i •'.** '•*. ^* ■» « •'^* * •'** ■ -••V.:*.- , * » .-r -V i: ZA/<e SCALZ: l^ATe : /^^zc^so A6^CO A A /fOL£ S.d.^ !*•. V ' -4 •■''■ » ‘ •'• '..■ % 'V.. * >: .'■•■ '■; - 5 I’ exhibit f»r f'or h. '>rhrujrk o: :<nt 2, I, Ac»r«';« Honnt'fHn founi.y, K'.nnftcotn {■ f'f* *;m*voy: til i ••. ' < rr.r* rifvi rnr- '■ M 0!l C’f' M ,^r tM»* IxiuiwljirJon .'1 ‘ .( ♦ *'iork J, , i.y tho locft- !,; iji -t’ mU oxi.st.lnj.' buiid- l:.. '*. .J It doo:; rr*t. j.'ur;:ort to id/*w o* ov I' .M’; .‘sr.t: or • r.* !', i' w ««. m mm m - m ■» mf oM • rr *1 r './Ul'l •.>r* Mtl'l dotw ‘‘ i |>*l‘T!f f.r •. 1-•: L” * •» * *•*•»Jf t/.? *** •- t t (*: !?•j. V. is;-:; J W' It# wm ;:4' . :-3mM$m 9r>WmmL-.^.y,- ■•■• .A r'- ^ TO:Jea FROM:Mic DATE:Apx SUBJECT : Rol Se] I have revi comments: Lot A (exis The existir condition, an inspect; for a regu! An alterna just meets Testing fo before the rates for hence a me Lot B (nev Percolati< 1980 by Mi of high w. trenches I believe cul de sa house pla i 73 7 r»r ‘’m'voy: r c'i'f jfv r»iv! ror- n*» ♦ io!i of M •• h-oup'Wir I»»n o<*W .1 , r, tho loca- i.st.lnt' buiirl- ,•’Tr-rn. It , t? s.V*v< •! or 'iV * ')i> A inr.»*r Wi L**: .> \mm ik-'v;- Vi E:: mm'^®.: \ V4- kk- k PI mam f-Ki • 4 f. - =v -I J,: “^v-^.:/;.:V^ : -^.>1- V .-1 ?v; » Mabusth, zoning Administrator TO* Jeanne A. Maoustn, contic System Inspector prom: Michael P. Gaffron, Septi subject: Robert ;„^'|!te"?vriu:?iorR4^^^^^ septic system a I have reviewed the proposed su comments: The existing septic ®f3‘::,^rnolei“?hat°th^^ condition. My 1979 insp an inspection pipe "|tion again this summer. for a regular tank insp i oon anda * bv Mairirr.! Siisi; rates for these tests do n PPj„ative system, hence a mound is the liKeiy Lot B (new lot) proposed lot in*1 w.^v--5nfi^ were done on tnis p ^ _r evidence percolation testi^ng and "rzofes'ln^ict^es that standard 1980 by “etk Gronberg saturated rones °t*encSes“torid"S^acceptable at the tested sites. __♦.Viic oroDCIrr.St Ssss s»r“ house placement m »iM 1 ■»¥ vi TO: FROM: DATE: SUBJECT: Zoning Distric Area - 21,200 Application - a) Street sel Proposed s Variance : Lakeshore Required Proposed Variance List of Exhib: Exhibit A - A] Exhibit B - P] Exhibit C - P; Exhibit D - O Exhibit E - Si Exhibit F - F Exhibit G - F« Exhibit H - E In December o variances for current subdi does not impr even for an a home that inee Note on Exhib In my outline was not inclu limits. The Staff recomme To approve Ed setback varia the following 1 rision >4- 3 make the following I adequate working leeded pumpout and tiis system is scheduled ”.sts;;>ck and Associates the average was 61mpi# > -4 “ ISIS? dicates that standard " 1 V- 1 lot between the e possibilities for rainfield sites. <: f! ,4 I f ji I TO:Planning Commission Members FROM:Jeanne A. Mabusth, Zoning Administrator DATE:April 14, 1983 SUBJECT:#740 - Edward T. Lehman - 2450 Carman Street Variance - Renewal Zoning District - LR-IC Area - 21,200 sq. ft. (16,930 sq. ft. dry) Application - Setback variances a) Street setback - 30* Proposed setback - 20' Variance setback - 10* or 33 % Lakeshore Setback Required - 75* Proposed - 50 * Variance - 25* or 33% List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Council Minutes - December 12, Exhibit E - Survey Exhibit F - Floor Plan Exhibit G - Foundation Plan Exhibit H - Elevations 1977 in December of 1977, Council approved street and lakeshar^: setback for Lot 3 of the Lehman Addition (see Exhibit ^ The current subdivision proposal provides Lot 3 with more area but it does not improve the building envelope. The lot still requires variances even for an average sized house. Lehman's proposal is for a modest size home that meets the previous approved setbacks. Note on Exhibit F, that the applicant proposes a deck along the lagoon. In my outline of the house within the building envelope, the deck area was not included because the main structure just made the approved setback limits. The deck should be located on the south side of the house. Staff recommendations; To approve Edward T. Lehman's renewal variance application of a street setback variance of 10* and lakeshore setback variance of 25* based on the following hardships: '' '!<' ■ ... mv m 'w-^.,. . ■'•■ ■ ■;--.t it". ■ ,- it.. • 1740 - Edward T. Lehman Ipril 14. 1983 Page 2 in relation to platted Lot 3 Location of lagoon xn rela 2. Depth of Lot 3 £„uowing conditions: ,, i- subject to tne This approval pecK to be relocate ^ „ox '■ •' itr II Wifl-i'Mk'-J' jim V - •. ■ / * C3 Ul K* O UJo UI r-1 a 2;H CM Cl O M -J inin CJ O fO Ul UJ lA r-4 ^ K> ^ •t Ui K ^ ul h- O 5S to Ui Si; 7 O M ^ ^ r* 3^ 9 "“ri li M n 1 U 1- -X rH U <r> ^ ’ O Z1 ^ .ji a 1^ J- ri h- *- ■'it % UJ ^ ^ -J -» < r: << < Io CM '{J ^ _ MI ^ ii ^ ?j 3 o |0 O o CD o o ^ ' ^ « •.X i: i: o o ^tu UJ CJ tx hS s ; rM r-l O O V- rHO'rn -r oo V- <v| C'l r-4 a* (X Clo o CM r-l inUl ul > ^ < 7zJ-. m u> I- •ro o CM f-l K» — <r< UI cj U» r-4 ^sSs-T' V- m 50. m Cl 1 o o < < ^ < M 1 'f. - lo o: o: <A 111 iii Cl 1- 1 f<r. u ’Z r-M ui tu lU ct g or 2s ^ < a- '* “ •rt liJ Q- i- uj o: « S o a 9u u ^ ^ >- X. Ct a. UI u. *•o :: >< :‘ tr. :: > ^ uj o: q: 11o I o; oCj ^ UJ -X *1 >• \ n: jJ y n. UI fl> ^ o V; >j :£ re :: ‘t — c. o H °i£?c : ■ij. «-1 a (\, UJ CLo :'. >i :5 o; :j 'tfV. ►- \* V^-' X V;3 REGULAR MEE Letter rece dated Decem On December the subject profile and drainage ea submittals, subdivisior End of lett Pesek novec preliminary Jackson Cor South, per of Decembei Associatioi possible c( Mr. Alan o; trator, en^ tion conce; 2440 Carmai states: The Planni) 8* variano 30*. (Dwe line along Justificat Hardsh condit 2. Lot me Mayor Van the varian Street, fo recommends Ayes (3) - Mr. Alan C Administra following request of dated Dec€ The Planni of a 10* > mm REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 12, 1977 Page 30 Letter received from Greg Frank, City Engineer, dated December 2, 1977, v/hich states: On December 1, 1977, the applicant's engineer for the subject project submitted grading plans, road profile and drainage plans showing proposed drainage easements. Based on our review of these submittals, we recommend approval of the preliminary subdivision. End of letter Pesek moved, Paurus seconded, to approve the preliminary subdivision request of the George Jackson Construction Company, 90 Willow Drive South, per the Planning Commission recommendations of December 5, 1977, to include a Homeowners Association Agreement, and review of Lots A & B as possible combination. Motion, Ayes (3) -Hays (0). Mr. Alan Olson, Assistant Building & Zoning Adminis­ trator, entered into the record the following informa tion concerning a variance request of Ed Lehman, 2440 Carman Street, dated December 5, 1977, which states: The Planning Commission recommended approval of 8* variance from the street setback requirement of 30*. (Dwelling to be located 22* from property line along Carman Street.) Justification: 1. Hardship - topography of the land and soil conditions restrict location. 2. Lot meets zoning area requirement 3. Property is sewered. Mayor Van Nest moved, Pesek seconded, to approve the variance request of Ed Lehman, 2440 Carman Street, for Parcel B per the Planning Commission recommendations of December 5, 1977. Motion, Ayes (3) - Nays (0). Mr. Alan Olson, Assistant Building & Zoning Administrator, entered into the record the following information concerning a variance request of Ed Lehman, 2450 Carman Street, dated December 5, 1977, which states: The Planning Commission recommended approval of a 10* variance from the street setback SUBDIVISION 90 Willow Drive South (Continued) VARIANCE 2440 Carman Street #337 Ed Lehman TVRIANCE 2450 Carman Street #338 Ed Lehman regular meet (Continued) requirement lakeshore se to be locate Street and 5 justificatic 1. Hardshi] conditi< 2. Lot mee 3. Propert Mayor Van N the varianc Street, foi recoromendal Ayes (3) - Mr. Alan 0 Administra following use permit 2414 & 241 which stat The Planni conditione locating « commercia. Road #15 which coim of County right-of- The Plann of the fo newly prc 13* ^ ment. Stre« Page 30 VISION .low Drive South .nued) NCE Carman Street hman ANCE Carman Street <ehman itinued) ■ • ••. 1^.. • >-■ - .V ,v ’ . » k- . r ■■ h- J ''V K:,__________r- ** •-Uv>. ... »C. ■■.i \ -:' : ; • h*. ■ I .- '■ M' •': regular meeting of the ORONO council, DECEMBER 12. requirement of 30' and a 25' variance street and 50* from shoreline ox x .1 1977 Page 31 variance 2450 Carman Street (Continued) Justification: ^ •. 1 Hardship - topography of ^e land and soil confitlLs reltrict location. Lot meets zoning area requirement. Property is sewered. Mayor Van Nest ^®|a’'i,|S'!*2450°Ca?man the variance request Plaining Commission rero^^infa^i^nr^-c^e^^e^ 5. 1977. 7,otion. Ayes (3) - Nays (0). Mr. Alan Olson, ^ssistant^B ^Id Administrator, concerning a conditional following request^of Eduse permit and dated December 5, 1977,2414 & 2416 Carman Street, aai:e which states: CONDITIONAL USE PERIUT & 2414^^2416 Carman Stree #339 Ed Lehman wnicii The Planning ‘^°™"^^“"for°di^lex*s'*i®‘^’^conditional use . „ within 200' of locating ®*^®*"^"^.®^^"trict (B-5) across County commercially described by parcelRoad «15 (commercial zoning^ ^ which co™"®"°®®ji5/ county Road #15 is 66' of County Road #15) . t-ounty right-of-way.rignc-uj--"“j - The Planning 9<^*^^|®^°;;ces®forco?^^ of the following variances xo newly proposed duplex. 13 ment - - -& in* <?t-reet setback require variance from the , 17* from Carman(Dwelling to be located 1/ Street).3 w # • - i-VkA in' rear setback require • mentT""^rilinrto be located 10' from rear lot line). 3. xot A***--/ - . ^lMrsq!“ft!"rre°a! '(S^ieci ooioitnIS IIT.IT coisists^f 16.927 sq. ft.).(Continued) Plannii FROM: DATE:April SUBJECT: #711 R The applicant h Staff recommend findings setfor .iiib:;: Page irnan Street kued) Wm- m 'Wi•V .\ ',i^, )NAL USE PERMIT & •■■vv;, ^ Ul6 Carman Stree shman 7 Continued) m-:. •* .■■ <r TO;Planning Commission FROM;Jeanne A. Mabusth DATE; April 13, 1983 SUBJECT; #711 Raymond Kloss 3775 Togo Road - Final Subdivision - RESOLUTION The applicant has fulfilled all conditions setforth at preliminary approval. Staff recommends final subdivision approval subject to the conditions and findings setforth in the enclosed resolution. ; ■•; ■■__________________________•' 7). CITY OF ORONO WHEl organized and WHEl subdivision r< of land withii whe: a subdivision WHE of the LR-IC size and conf to be located WHE platting regu 1. Dedi' 2. Dedi show 3. Paym of $ 4. Paym the of $ NOVJ City of Orono County, Minne 1. At t Sout 2. Acce from 3. The Henn mss. - RESOLUTION nary approval, ditions and -;V,. 4vf' , <y^r mm ^ i! r,-.. • -■•: ■i-4 \i . * •; <•" II •»•.;■ : -.V.'.', * '.,- Mi #1 1::^ u j'-i i ^ ; City of OROINO b CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________ A RESOLUTION APPROVING THE PLAT OF SOUTHVIEW ESTATES IJhEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat by Raymond J. Kloss, the subdivider; and WHEREAS, the subdivider has been found to meet all the standards of the LR-IC Zoning District finding that each newly created lot is of a size and configuration that will allow its use as a single family residence to be located without the need of any variances; and WHEREAS, the subdivision has completed all requirements of the platting regulations of the City, including: 1. Dedication on the plat of drainage and utility easements. 2. Dedication on the plat of right of way for a public road shown as Northern Avenue. 3. Payment to the City of a Park Dedication Fee in the amount of $880.00. 4.Payment to the City for the legal review and recording of the plat and all documents related thereto in the amount of $75.00. NOV7, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Southview Estates, Hennepin County, Minnesota; subject to the following conditions: 1.At the time a building permit is issued for Lots 2 and 3, Block 1, Southview Estates the following fees must be paid: Lot 2, Block 1 = $290.00, 1/2 water unit Lot 3, Block 1 =s $290.00, 1/2 water unit 2. Access to Lots 2 and 3, Block 1, Southview Estates must be from Northern Avenue. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before October 25, 1983. ■p 'M ■'X been filed b necessary to review. Adopted by t meeting held dopted elopment tion for he standards ot is of a ily residence ts of the ints. :oad imount ig of >unt LI of the Hennepin nd 3, Block 1, ust be no with the er 25, 1983. b CITY OF ORONO City of OFIOIVO RESOLUTION OF THE CITY COUNCIL NO. The granted by this Resolution ^hall^expire^if the^plat^has not nlciSr^^ne f n^w'a^^iication wi^h the City of Orono for subdivision review. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 25, 1983. Mary C. Butler, Mayor ATTEST; Alberta M. Strom, City Clerk 31.105 31.108 31.109 31.110 • i. ■’ ' 1 Vv> TO; FROM; DATE; SUBJECT; Zoning Dis Applicatio Applicable Under the has applie residence sometime i had rented since 1978 lives in t The applie home. The conforming stated tha to repair at the tiir work order non-confor your hands Obviously, longer be the struct enough are the additi Review Nel be utilize (he will s home (agai habitable for a gues the necess cleanup re granting a requiremer at has not 1 be subdivision a regular ^ f *. ;\ ■ TO: FROM: DATE: SUBJECT: Planning Conunission Members Jeanne A. Mabusth, Zoning Administrator April 14, 1983 #738 - Kip Nelson - 4580 Watertown Road I ** * ‘ i-'v: - Conditional Use Permi Zoning District - RR-IA Application - Conditional Use Permit required to continue non-conforming use ii Applicable Sections: 31.105 31.108 31.109 31.110 Under the directive of the Hennepin County Municipal Court, Mr, Nelson has applied for a conditional use permit to allow the rental of a second residence on his five-acre site. The older of the two homes was constructed sometime in the late 1920's and the other in 1947. The previous owners had rented the second residential unit. Nelson has owned the property since 1978 and has never rented the second residence, in fact. Nelson lives in the older home not wishing to heat the larger, newer home. The applicant ran into problems when he shingled the outside of the older home. The inspector found a rear addition had been made to the non- conforming structure that was never authorized via a building permit. Nelson stated that this was done prior to his purchase in 1978 and was attempting to repair the exterior of the structure because it was not done properly at the time the addition was constructed. The inspector issued a stop work order on the structure until Nelson could verify he had a legal non-conforming use/structure, The matter ended up in court and now in your hands to be resolved. Obviously, the rental of the second residence per Ord. 31,105 can no longer be considered a legal non-conforming use. It has been confirmed the structure has not been rented since 1978. Nelson does not have enough area in a five-acre minimum lot zone to plat a second lot for the additional unit. •t-r Review Nelson's attachment to the application —"the property could then be utilized for the purpose of such things as home hobby shop, guesthouse (he will still need a conditional use permit), home office or caretaker home (again, a conditional use permit»v. The structure exists; it is habitable and usable. If we recommena approval of a conditional use permit for a guest house (non-rental unit), this would allow Nelson to obtain the necessary building permit to complete the exterior repairs and additional cleanup repairs in the subject structure. Such approval would involve granting a variance to the performance standard of 34.027 "all regular lot requirements shall be met by the guest house." ■r;- - ^4 m #738 - Kip April 14, : Page 2 Conditions 1. Limiti to exi 2. Non-re The use oi in a resic standards Staff Rec< To reconutw for a gue; Road and on the fo 1.State if a 2.A sec 3.The c endar 4.Both 5.Both systc Such app] 1.Non-: 2.No a 3.Home -r;- ■^':Vl i-,> W-y «# itional Use Perml in-conforming use '4 Mr. Nelson of a second 1 was constructed 'ious owners :he property :t. Nelson .r home. ! of the older the non- Lg permit. Nelson was attempting lone properly sued a stop I a legal and now in .•VI it ^1; 15 can no •n confirmed lot have id lot for 'iTfc • mm y could then p, guesthouse r caretaker s; it Is onal use permit I to obtain .rs and additional lid involve ill regular lot . I 1 :-.a^r'tiAV-- h-f'' : ,4-2 t r :'V. : ‘ r- K-V #738 - Kip Nelson April 14, 1983 Page 2 conditions of that approval should include: 1. Lifting all building repairs to maintenance repairs-no additions to existing structure. , * one of the residential structures on the property.2. Non-rental of either one ot tne re work shop/home occupation is permissible The use of the second structure as a cLsistent with performance in a residential zone as long as the use i standards of 34.043. 1. Staff Recommendation: To recoramend approval of .^?;^"i“proptrtJ“xoiatld «'^458o“wtt«rtown Kd-aranS Sra?: ;Uda"‘fo"r'rLgr,.'.ia.«lal r.a.al ..if baaod on the following findings: 'u i.ecs \7ariances which would be the case frrslcord"?efide^rial'’?eStal"unit is permitted in the RR-IA zone. . second residential unit has existed on the property for over 30 years. enlangfrinrthf safety ofthlse'who^sf the stfcfrL" a K„ a nlnale curb cut and shared driveway. Both res.idences are served by a single euro c »r» .erved bv the one well and septic system - septic 5. Both residences are served by tne system shows no sign of failing, such approval is subject to the following conditions: 1. Non-rental of either residences 2. 3. 4. 2. No additions to guest house structure. 3. Home occupation use subject to performance standards of 34.043 r < X •H O O o q: o 2 fH 2 CJ O ro c: <SJ UJ I Hco < #H I r4m O O' Kl O c: -I 3 < h- I- ui X >- r c: < X in m o in *( in o q: z z z < q:XH- •a z X H- Ui LUz z UJ UJ K za: M yj < K -J < LL ZL Uio •J O' a 4J- < •H O Oo m CM I CO rH rC Oin z -I o UJ in CK (^ Ln z in o in om 4J< z CO a a M M d: Ui 5 X =*o O Z CO Oin o: ^ o X < £ Ooo CK 15 H tnto to CJ «o rH I Oto >-a -J X < i- Ui Z O o q: into in in o r •« < if COto Ui Z Z tt M Ui < I-------- < Q. Z Ui O -J O' CL 5 ^ r rH O O u K- < CD Ui K r o < o z <o:a Ui o z %Q. O O:o q: o Ui < >- \ < Uia r X 't< z o additions on the property. :ion is permissible I performance it application 580 Watertown al unit based d be the case le RR-IA zone. for over 30 years residence without tiared driveway, system “• septic of 34.043. HENNl FROM; date : Offenses: Date of C summary c attorney discuss ! to certi conditio ing a co and upon be impos the :,„ucess one year informat and gett from Je< of intei with th< (6) mee (7) upo obtain nor the of the Disposi a fine conditj violat: by Mar< mMm 1-^t:pp «-rr»AT rnilRT PROSECUTION SUMMARY HENNEPIN COUNTY MUNICIPAL COU^^ TO: FROM: City Adroinistiratojr City Planner Buildin<5 Official Thomas J. Radio prosecuting Attorney DATE;March 30, 1983 Defendant: Kip A. Nelson offenses : ••• ' Violation of State Building Code Sec. 301(a) an ^Jfoifttrn ol crtrofdlnancl Sec. 32.260, 31.881 A 5-20-82; 9-10-82of Offenses: 4-22 82, discuss resolution of this tna _ettv misdemeanors, upon the to certify the eight violations as petty j^r obtain- condition that the defendant initiate the P ^ ^^933, in^a conditional use *°’^„aximum fine of $100 per charge and upon tlie condition th *,4.=ived for a period of one Y^ar be imposed by the gJant initiate*^ the above application . -.n the condition that violations for a period of one ylar The application Pt°=®” (2) calling information package on f^3) obtaining a survey frtm^fe^rnl SXItS; ^„rxtTa^rfhi^:"ir8^ • ^5^-et with"the ’'plinninrand^2°^i^9/^°'^^^ on Ma^S ,^1983!®and {?>, :p^n ^pprc^a! ^"tSe^ouncil of the =°naittonal use^permit,^ fo^nL^hSifdrnrtn^sprct^fiildfany guarantee of Council approval of the conditional use permit.iicij- tr-------- Disposition ; ®y^°“he^^ght''counts ‘^uporthe°?4 i?,-trat°Lie:s^:t apply ;y°Mtrch"29!°l9 8 3'’1“r a conditional use permit. .L i-1 V ' 4- J ■It} feta ■r: l'¥-' ■< ii hennep TO: FROM: C C I 1 1 DATE:1 Defendant: Offenses: Date of Of^ .Nummary of attorney a; discuss re to certify condition ing a cond and upon t be imposed • •n the c ...ocess ar one year informatic and gettii from Jean] of intent with the (6) meet (7) upon obtain th nor the t of the cc Dispositi a fine oi conditioi violatioi by March [a) and .d) J1.881 ;.,i^TfflW.M- the citi' it to iered )on the >btain- 29, 1983, charge year lication iod of ing an iver letter :5) meet nd >ermit, attorney approval n and imposed following similar ifendant apply C0«« COUJT P»SK»T... FROM: DATE: City Administrator City Planner Building Official Thomas J. Radio Prosecuting Attorney March 30, 1983 Defendant: Kip A. Nelson Offenses: Violation of State Building Code Sec. 301(a) and ^ioiftirn of ^trordlnancl Sec. 32.260. 31.881 n;.te of Offenses; 4-22-82: 5-20-82: 9-10 82 At^tnet^/Uf nan; -f—nSant to re^olut!on“of this matter upon the to certify the eight ^^°^®*^J;^_.tiate the procedure for °^tain- condition that the defendant ^"^t structure by March 29, 1983, Ing a conditional use P^tm^t for the stru^^^ and upon the condition that the ^ period of one Veat be imposed by the 3udge, but stay “ ^ ^/the above application . -,n the condition that defendant ini.^^^^.^^^ ^ „f ...ocess and have “cess involves: (1) obtaining an rn1oi:ftic.iTacH"a^eTn a condiUo- sx Ip S' ss-.-sssniriSS” frintent along with "lion on April 18, 1983: lith the Planning and Commissi (6) meet with the Council for a conditional use permit,7 lion approval by the Council of the conait^ attorney lll'iletlirdfnrrnsplllll'-drily guarantee of Council approval of the conditional u P disposition and imposed nisposition: Judge Sykora agr f,nunts upon the following 1^ I :#! \r i < J I ** P > -S A^Vm JV--: tr^-: I:'.' ■ r-:. i -^• < i TO:Planning Commission Members FROM:Jeanne A. Mabusth, Zoning Administrator DATE:April 14, 1983 SUBJECT:#739 - Edward T. Lehman - 3525 Shoreline Drive - 2440, 2450, 2470 Carman Street - Preliminary Subdivision Zoning District - LR-IC Area 2.74 acres Application - Subdivision - Plat - Lot Line Rearrangement List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Resolution - Approving Lehman Addition Exhibit E - Lehman Addition Plat Exhibit F - Required Setback Map Exhibit G - Building Envelope - subject to approval of setback variances Exhibit H - Preliminary Plan - Lot Line Rearrangement In 1977, Council approved the Lehman Addition (see Exhibits D & E). Some six months after that approval, the applicant was back seeking setback variances from the street and lagoon area for Lots 2 & 3. Lehman lives on Lot 4 and his son lives in the house on Lot 1 and uses a dock on the lagoon located within Lot 3. Lots 2 & 3 were never built on and t^»e setback variances of 1977 have expired. Lehman has approached the City asking that the existing properties with the addition of newly acquired Lot 7 (now included in the area of proposed Lot 3) be realigned to create riparian corridors to the lagoon. His request is based on the fact that he has approximately 460* of shoreline on the main lake and lagoon (330+ on lagoon). At the time he filed a subdivision application, Lehman also filed a renewal variance application for newly created Lot 3. This will be discussed in the review of application #740. Review of Current Subdivision: The proposed lot line rearrangement with the acquisition of Lot 7 does provide more area for Lot 3 but certainly does not improve the building envelope. (See exhibits F & G). Approval of setback variances to permit construction on the lot is inevitable. Lot 2's building envelope must not only adhere to the required building setbacks but also include a 26' setback from the wetlands to the rear. I do not see the need for setback variances for Lot 2 as proposed. Note since the original lot dimensions for Lots 1 & 4 were not decreased, the existing buildings were not located on the preliminary survey. S •“V >4 4; I . % ki. H't. y... .u. 1 Y -i -J <• “ #739 - I April 1^ Page 2 As for 1 overall four lol There is docks al standarc The lagc of this property the appi Staff R€ To recoi of Edwa] area bui approval the depi 1.Ripi sho: Docl hor: 2.All Bui 3.Loti froi 4.At the own* gen* e - 2440, 2450, >ack variances ( D & E). [ seeking 2 & 3. : 1 and uses i never built >perties with irea of proposed joon. His ' of shoreline he filed a ice application /iew of Lot 7 does :he building ices to permit re lope must .nclude a 26' id for setback : dimensions ‘re not r-.h\ t m ’•r lii^ ■■j'. IT r'v Ei f TT: ■ v-«-•‘^Bs^saSrSs .T ■ S!I.' • ■ •r 1^'V.r -:V:vv;:; .vv’ * nirfir- - • ! •• i #739 - Edward T. April 14, 1983 Page 2 Lahman As for the riparian issue, we have approved similar requests where the overall lineal footage of shoreline satifies the proposed lot density - four lots at 460', three lots on lagoon that total 330' of shoreline. There is adequate frontage for Lots 1 & 2 to permit the construction of docks able to satisfy LMCD standards. I would suggest using the LMCD standard of 50' per one boat, limit one slip per dock for Lots 1 & 2. The lagoon is navigable and has been for many years but granting approva of this should not constitute, in addition, the granting of a vested property right to redredge this channel. This must be made clear to the applicant. Staff Recommendation; To recommend approval of the lot line rearrangement subdivision applicat of Edward Lehman finding that the current proposal provides more total area but that Lot 3 of the current application would still require approval of setback variances based on the location of the lagoon and the depth of the lot. Approval is subject to the following conditions: Riparian lots are approved based on the overall lineal footage of shoreline 460' per four lots, Lots 1 & 2 must be limited to one slip Docks based on LMCD standard of 50' per one boat (16' or larger or horsepower of 25 or greater). All new docks are to be constructed per standards of the Uniform Building Code and LMCD. Lots 2's building envelope is subject to the required setback of 26' from the wetland. At this present time, the lagoon is navigable and the approval of the platting of riparian corridors to the lagoon does not assure the owner future boat navigation to the main lake but does assure general riparian use. m ym m y- ■V:: fH O ^ H Ma. • UJ o o ^ a #- a o D. lU oc r-oo o #- UJ CsJ rH to O o: n CM I r- r4 •H I O CM in o 1< o: oUJ •! CJ < UJ CM C^ in inm flOm o o 55 M M a o: CM r-l Xo CO UJ q:o:<x r Ul Hin oM < »- n ^a M o -J U. Z HI IX Ul q: o UJ 0- >- O H u o: CL Ul CL >- o X o-3Ou noo o H CM CO fH < X h- Ul UJ -J K> CM I X < < X O' X O lu ^ ^ CD iH O' to m H- m CO X Ck:< H Io CM COto rH 'd* CJo O o d: c: <t 3 3 O O UJ Ul X X X < < o N CJ 3 2 Ma UJ z UJ I ro <0 Hi CM \ rO o UJ K < O 3o: CM O -J X o o ^ UJ ^ CM (r-4 UJ -J c^ Z ^HI V- to X O ' in CJ 1n- 3: o *^5 -_j o < $ r-f r-l >-•0 0: 1 O <c ^ Q O U t CM ^ r< < o r 3 3^' cO o o '3- : io UJ Ul CM . UJ o: DO ax o o o a o o O Z UJ < X • % a < Ul Q. Ul C3L X H-O z X a jc < UL O H —i* ------------------- jests where the id lot density - of shoreline, construction of jsing the LMCD or Lots 1 & 2. granting approval g of a vested nade clear to division application ides more total ill require the lagoon and wing conditions: eal footage of mited to one slip 6 * or larger or ►f the Uniform ed setback of 26 * :he approval of >es not assure the ioes assure ■m--r ■^if. tr i k ‘.y - yj^.-lir.-:^^ iSHKaal ’•f<^'VA:-- m v-A ■• *:r.| Ulflov N- iiaiHx • WHEF under the laws WHEI regulaticms f< and h-HEl plat for the 1 NOW hereby approv to the follcw 1. any dwelling 2. requireiaent. 5. other easeme Th plat has not will be nece approval. Dated this _ ATTEST: ^WalterJV; 1 l-i-; i: |- is* mm m ;- S !&.■:: mm i; Jr^.... ^ SI Sii'mBy.4 '^. .: n \ V; rSC; A i^**v .'4 «;• ..a VIHK' •' •r/l.i.-'i.Vv.^, .... -^li’^wgicMN(;v. --.ci:' h-:U y. ; ■■ ■ > jfc" •*•'•?'! ^Wryi: exhjbit resoujtion no . A RESOLUTION APPROVING THE LEHMAN ADDITION WHEREAS, the City of Orono is a nmicipal corporation organized and under the laws of the State of Khnnesota; and «gaUtionfl^the'^rferty,‘'e”nlc'^^ deve?^:J^nt “o/&ithin the City; and WHEREAS, the City Council has consider^ the application for a subdivision plat for the Lehman Addition by Edward T. Lehman, hereby app?^4s™”’f- ih^^™Addi?U%e^^^^^ l^^n^sSa^'sSbT-t to the following: 1. Approval of the plat does not constitute approval of the location of any dwelling. 2. All proposed dHelling locations shall meet the minimtm. 75- laJceshore requirement. 3. Appropriate Paiic Dedication Fee (total $3,086.00). 4. Final plat is sasc as preliminary which was preriously approved. 5. All necessary easements. Conservation easement over wetlands and any Other easenents that are deemed necessary. 6. Title opinicn. This resolution will expire Register that event, it Sni bf nec2^ to ni^a n^'awUcLion with the City of Orono for subdivision approval. Dated this day of William B. Van Nest, Mayor ATTEST; * 4 -f. Mite./ ■'-1 TO: FROM: DATE: SUBJECT: Zoning Distr Area - 0.53 Application: a) Variance Conditic City rec The Sinclair under the li now shiftine additional ] addition on of foundatic walkout base area to be e of six feet dump truck ; be cut back removal of i After Plann Creek Water In consider Zoning Admi consulted w constructio land altera application Unfortunate of the prop trudging th and answers In consider as follows: 1, There i they pi BP d and existing )division Ln the City; 1 subdivision City of Orono esota, subject location of >' lakeshore pproved, lands and any Ld subdivisicn [n that event, it r subdivision 7 Am....f,•Vi-.d V- ' ^ -J 4 Planning Commission Members Jeanne A. Mabusth, Zoning Administrator April 15, 1983 #741 - William Sinclair, 1360 Cherry Place Conditional Use Permit - Variance & Zoning District - LR-IB Area - 0.53 acre or 23,940 sq. ft. a?^^Variance - 31.983 - Excavation within the 75' setback protected area b) Conditional^UsI^'permit^n.TOO - Major land alteration anywhere in tl^ requires a conditional use permit The Sinclairs must replace the existing, unstable section of foundation under the livingroom area of their house in order to stabilize the now shifting foundation. Their home is of modest size and they require additional living area. Their choices are either ^ ®sectionaddition on the north side of the house or at the time the lakesiae seccion of foundation is replaced to dig out around the bri^avatef (960 contour through 954 contour) - | r^f six feet of earth - a total 600 cubic yards of fill - 60 tandem sizea dump truck loads. In creating the walkout, ^he steep lakeshore bank wx be cut back and allow for a more graduated access to the lake removal of upper sections of the existing access stairs. After Planning Commission action, the applicants must file for a Minnehaha Creek Watershed District premit. in consideration of similar applications reviewed last V®"' Zoning Administrator, I have appreciated the to stop consulted with staff and sought advice rather than staff ^ construction when the simple foundation tJJe-ftct^land alteration and we are once again reviewing an after the fact application. unfortunately, I have had to postpone several schedj^ed site inspections of the oroperty because of rather unusual spring-time weather, we wiii oe ?rudglnr?hrought the snow drifts on Friday and at least his oral comments and answers to my questions will be presented at the meeting. In consideration of the plan presented for this review, my questions are as follows: 1 There is no information on temporary erosion control devices - how do they plan to protect the lakeshore during construction? BOSk I ■ :■ '-r 14. It p. f /V. s> #741 - Wil April 15, Page 2 2.Is Coc af feci lines 3.What the d 4. Does banks If Plann; engineer if the c< 1. NO i 2. Cont 3. PtOF drai 4. Pro^ upp< H' Variance & cotected area avwhere in the : foundation Lze the ihey require extensive Lakeside section and create a asignate the drop or removal tandem-sized hore bank will ke and the for a Minnehaha , as the Sinclairs have /ing to stop ito a major le-fact" te inspections her. We will be is oral comments ng. questions are levices - how do i? W V ‘ ■ _ ^3r m: V tri Iffim 'if. t m- j pf?T; V”-v; [ • 111 ;y t.. IPF C’.-i #741 - Willi^^ Sinclair April 15, 1983 Page 2 V • 1 lines? ' --lines? terracing, etc. will b« stabilize Vihat kind ,^?°Seshore^bank?the disturbed lakeshor — lakest banks? - *-*'® 4 • w.— ST u Plirnllg consnission feels they can roUowing%i^|n^^^^^^^^ lkrc;^al?^nfl^-%rr;^^^^ is to be recommended - - —^ eteep lakesbore bank2. control of the erosron on steep 'Tsld°pirwrrproviae n^re gtassed areas for surface drainage draining direct to the lake - -^draining direct to the and the removal or the ^Y^!^AMated access to laxesnui. ^:;°rr^tertfon"of access stairs. y rnmmm m:-': m Siffi 4- ■«• r4 O 4A K1 r4 ^ H M Q. • tii O O :ir < Q. H CKoCL UJ OC UJ HtO >•in o M < Hsa o -Ju. M Ot UJ H?:o: o UJ CL >• O »- cr CL o. UJ CL >- o H* CL Z Q. D O U M CL UJ UJ X Kl CO »n CM \ CM O <o z> q: j fr. J¥ in o o H to Cvl I rH 1-4 2:! r HCL Ui <tua H- Z Ci O CJ MX o CO Ir-o CO to -i m I) iH < O Q. tt ^ >D X fO a: in UJ <c in M X X o ^ •“ = o < fO o a f-4 X < I- Ui fHinoo M M M o: K UJ UI < < 2§ f-4 OL ^ X J- ul UI UJ in u CM D I CL CL r-l 10 UI UI V in in UI UI o in -J O CL CLm < < <0 r-4 X X ro o u u UJ U'd ’ < o -J m CL in in UJuX _ CL Xa X 10 o in X o 3 Kl o •H X O CL o o o X r-l CL ^ < n X CM h- I o: o •H X r-4 Ir*o o o COin o X < O X CO UI X l- < O CL <( >- -) UJ r-4 r-4m I h* r-ln ^ <r UI in Z in < CL Z O X CO a X H < CL > M UI CL Cin r o > in - m o inoo Xu I-<c CD UJ CL Xo 5 D X < X CL UI O CLa o -r r< CL O CL O UI < >- \ < UJ a X X ^ < X H- J J ter: Certificate of Survey or u.t. 3 ««^^***of U>t6 County, Minnesota i}AlB' ^ * *• 1 hervby certify thot this Is a true and Revised, L^ror^he /ound^t^^:u^irc Lulin:/-tre -! It does not "rort'^t: "r- "ther‘ Ir.nrove.ents or encroechnents. GORXK R. COFFIN CC., I“C. Scale: ]>ite : o ' zz 40 >: 3-1-83 Iron narVer Vark S. Gronberg Rf»g» No. 12755 I^nd Surveyors and Flanners Ujng Gake, Minnesota n@rtO'^il /W-81983 --U ' ^ rnoi L---------1 2:- .1' 1 % M si ni I I • I I 1 I I 11 4?? .- • V - ^*0«- B.. «6.C^.U. B.y. Control No 742 T M W; h f-f Ei Variance X Conditional Use Permit Subdivision, Preliminary Craig Olson 2460 Chateau Lane Mov.nd, MN 55364 NOTICE OF PLANNING COMMISSION Af'**XON Date o£ Meeting Votes: 1_ _ Planning Coimnission reconroends the following: Approval; As submitted ^ , Approval: Subject to conditions noted information requi Date of Notice 4-19-83 — A^rovai; Addltionri Tforn^tion required before Council meeting _____Denial: For reasons ~ted information from applicant --------^Si^d! -rieS by others, or further Planning Commission study _ _ _ No action required 1) To allow expansion of auto repair to- - - - >7 . ,. , . —o, — ■» rs on—rucks limited to vehicles of 1 ton capacity or trunks 31 ail repairs are t7be conducted within the exis _i_g 41 operation limited to parking of 10 cars and/or ligj^ fnr msintenance/repair" 5) no storage of boats on proper^ 6> building inspector to inspect tanks prior to operation Applicant’s next scheduled meeting is confirmed as: Planning Commission ___ council May^9. IWuouncj-x ------ ' —-------------------- Applicant's next scheduled meeting is dependent upon receipt of —* additional information. Deadline for the -- --- - - - In all cases, the application must be continued with the submittal of ^riJ^fctt^wm^considefthe-applicati^^ as formally withdriSir: If the applicant has trouble obtaining additional information, please contact the Zoning Administrator. T* .4.«ire certified copies of the official Planning Commission Minutes thJy »te available from the Building and Zoning Secretary upon review and approval by the Planning Commission. it. xWK -•/'T8 rrv ■ • *v. ^ E«-«wiwPi Planning Commission Jeanne A. Mabusth April 14, 1983 SUBJECT: #742 Craig Olson, I960 Shoreline Drive - Conditional Use Permit TO: FROM: DATE: The applicant seehs an ame« IVeiTenlVosla for your review. tfdlrnot"ha?e"^he ability p,Lst ruldhUOW cover^transmission worK^on cars -^^^^Lran^mlLtained at the Nation by the most recent leasee and previous leasees. T have discussed this application with the planner and author of Resolution *061 and he states that that specific standard came from the Zoning Code ind that he let^no problem as long as all repairs are conducted within the service statiorpe? Ordinance 35.021 and a limit is placed on the number of v©hicl0s cillowGd parkGd on tho propsrty* Otaff recommendation to approve the conditional use permit application of clti§ o!lTto allow the repair of car and light truck transmissions subject to the following conditions: 1. Truck repairs limited to vehicles weighing 1 ton or less. 2. All repairs are to be conducted within the existing station structure. 3. The station shall be limited to the parking/storage of 5 cars and/or light trucks for maintenance/repair. .‘L w I M L / > f m L . !■- A FC m municipal cc the State oJ W1 Council, hai unique char« the City an< planning anc WI establishing of the guid: Wl continuing i whenever sue but have sii in the zonii non-con form; City of Oroi lawful use < conditions: 1 b. ai 1 N. f a A' , Use Permit )f legal uses section P Resolution aels that he have the ability The station is hides". His trucks (1 ton d and maintained s. • of Resolution Zoning Code ;ted within the i the number of ipplication of smissions subject : less, j station a of 5 m r- \ / ' s r- ‘ RESOLU ’ilON NO. ^io ! A RESOLUTION ESTABLISHING A CONDITIONAL USE PERMIT FOR OPERATION OF A LAWFUL-NONCONFORMING USE OF LAND WHEREAS, the City of Orono, hereinafter City, is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono, hereinafter Council, has adopted a Comprehensive Guide Plan which sets forth the unigue characteristics and constraints affecting development within the City and which Plan establishes goals and guiding principles for planning and reviewing development within the City; and WHEREAS, the Council has adopted a Zoning Code which establishing performance standards and criteria for implementation of the guiding principles of the Comprehensive Guide Plan; and WHEREAS, the Zoning Code of the City provides for the continuing use of land or buildings as lawful non-conforming uses whenever such uses were lawful uses under prior zoning regul3.tions but have since become non-conforming uses because of a lawful change in the zoning code; and WHEREAS, the property described below has become a lawful non-conforming use of land and buildings in the manner described above; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby establishes a Conditional Use Permit for continued lawful use of the following described property according to the following conditions: I. Property Description 1. Legal Description - "part of Lots 24, 25 and 26, "Ora Park" on Lake Minnetonka and that part of Lake Street lying between the extentions of side lines of said Lots 24, 25, and 26, and between front lines of said Lots and Northwesterly line of the Right of Way of County Highway No. 15 (formerly No. 7) being a line parallel to and 33 feet northwesterly from the center line of existing pavement of said Highway", all of which is intended to be replatted as Lot 2, Tourangeau Addition. 2. Lot size: (ave.) 145.58 ft. wide by (ave.) 73.55 ft. deep = 11,435 sq. ft. (.26 acre). Resolutic Page 2 :rmit ■ LAND LS a aws of ► , hereinafter its forth the )ment within rinciples for i which Lementation in; and for the oning uses regulations Lawful change ame a lawful described above; Council of the t for continued ; to the following and 26, ”Ora e Street lying Lots 24, 25, and Northwesterly . 15 (formerly orthwesterly said Highway”, jot 2, Tourangeau 2,) 7B.55 ft. :re) . Resolution No. Page 2 3. Existing structures: One single story masonry gasoline service station 50 ft. long by 27-1/2 ft. wide (1,311 sq. ft.) consisting of two auto service bays with hoists, one 9 X 12 storeroom, one 10 X 15 office and fwo toilets; three 3000 gallon underground fuel storage tanks: one fuel pump island with four pumps; one advertising sign base; concrete drives over fuel tanks and at pump island, gravel surface elsewhere. 4. Existing CK^nership: Land owned in fee by Harriet Tourangeau; part of the land leased to Robert Reutiman since 1954. Reutiman owns the building. Reutiman*s interests sub-leased to Texaco, Inc., in 1963 which leasee's use ceased on or about September 23, 1978. II. Existing Use 1. ’ Since 1963, Texaco, Inc. has subleased station to one or more operators who have used the property for retail gasoline and motor fuel sales, light repair and exhange of parts in motor vehicles. Vehicle seir/ice included tune-ups, lubrication, tire repair, replacement of exhaust systems, engine parts, etc. Sales included gasoline of various grades, tires, batteries’, additives, and parts when installed in the vehicles. 2. Miscellaneous sales included vending machine sale of soft drinks and cigarettes. 3. Recent year's use has included hours of operation generally running from 6 or 7 A.M. to 6 or 7 P.M. weekdays, reduced operation Saturdays and no operation on Sundays. 4. Recent year's use has NOT included bulk fuel sales, large truck refueling or repairs, auto body repairs, welding, retail or wholesale auto parts sales, retail or wholesale sales of any other commodity except as noted above, or outside storage of parts, equipment or trucks. gesolutic page 3 5onry gasoline B (1,311 sq. ft.) ts, one 9 X 12 ; three 3000 gallon p island with te drives over elsewhere. Harriet Reutiman timan' s which 1978. A . Mh.'.:L"rA t ation to one for retail nd exhange included nt of exhaust asoline of and parts ine sale of peration P.M. weekdays, on Sundays. uel sales, large , welding, retail esale sales of outside storage Resolution No. page 3 III. Zoning 914 adoDted November 14, 1978 provided for 1. O-^dinance P ^R-IA Single Family Lakeshore residfnrLf cLsisLn/with che adjoining properties (and a portion of this property). 9 Prior to Ordinance 214, a portion of this property was zoned B-1 Limited Neighborhood Business Distric . 3. Xhe.B-1 zone provides -^^rz^rd^L^rotlur by Conditional ex-’ept for continuation of thegasoline service station use - P ^ existing use by Conditional Use rermi conforming use. Ti 1 ^onincp the service station use was non- f^rminz^because o/substandard lot size, substandard srtbackHnd lack of conformance to zoning performance standards. 5. The zoning was planned to be “,^^1^^ in 1974 concurrent with adoption of the city wi and implementation of the Comprehensive Guide Plan. IV. conditional Use Permit for Continued Use 1. This permit is issued as an automatic condition of the rezoning occasioned by Ordinance 214. 2. This property ^gg^^io^ 31.100 of the gasoline service station g get forth below.Lning code and according to the conditions set ro 3. The manner and extent of the use shall be as previously used. 4. The principal business shall diesel ss,-Md. propulsion. 5. Accessory business may include other existing uses listed in Section II above. Resolut Page 4 ided for akeshore ties (end operty rict. ration use not allow tion of the ul non- was non­ standard ormance -1 to LR-IA de rezoning Ian. .tion of the existing LOO of the jrth below. as previously or fuel sales eluding diesel motor vehicle :ing uses smm Resolution No. page A IV. Conditional Use Permit for Continued Use (Cont.) 6, Other uses may be considered by the Council upon application and upon a finding that the proposed use is less non-conforming than the above permitted uses. 7. Specifically included in this permit is authority for the following: a) Operation bet\>?een the hours of 6 A.M. and lO p.M. daily including Sundays and Holidays. b) Installation of one new 6,000 gallon underground storage tanks, subject to building permit. c) Installation of new or revised pump islands and fuel pumps, subject to building permit. d) Interior and/or exterior renovation and remodeling of the building, subject to building permit (and Council review of work where required by Ordinance). e) Installation of new advertising signs not to exceed size of prior existing signs. 8. Specifically required by this permit as a condition to authorized operation are the following: v^) Installation of traffic separation curbing and landscaping shown on the attached plan and required as a condition to subdivision of the property. Work to be completed no later than July 1, 1979. yi) Installation of fencing required by Section 38.501 of the zoning code. Work to be completed no later than July 1, 1979. c) Closing of rear station window with masonry (per State Building Code). Work to be completed prior to building occupancy. d) Issuance of Certificate of Occupancy by the zoning department prior to opening for business. m Vv ‘.-(i I: •'V W t >r V. Resolution Page 5 Adopted by meeting on ATTEST: Walter R. ie (Cont.) icil upon )osed use is 1 uses. authority for i 10 p.M. daily 2rground storage ids and fuel remodeling of nd Council t to exceed a condition to ng and landscaping a condition to mpleted no later ion 38.501 of ater than nry (per State ’ to building the zoning ■■ tSr'.-jw JII' Resolution No. Page 5 • *. Ac cnhipct to review by the City Council9. This pe^xt IS subject_to^^^ p^^vx^ed S Section 32.490 of Che zoning code. William B. Van Nest, Mayor ATIEST: Walter R. Benson, Clerk/Administrator Ij, -i. ‘;.f mm ■■■■!tm mi 11 fx:?’ MmiM .. v: --.mm yd VdLOl^^f^ Council n or as r^ular t:s< .C ifPfe-iaii S?:2f* V« v;<r HTt:.-'!:.-! •:.v ^.E'Wi IP- 11 m§ m j;ZfZcdJ¥/is . AGintMifrr' ■ ewioir A iHM ■ir'-WT'.-*;-; TO: FROM ; DATE : SUBJECT: Zoning Dis- Area - 39. Applicatio] Planning O The applic 12 lots). proportion RR-IB Stan to discern Staff will lots («xte The road s of 33’ of Review enc another pa That prope to see if be asked t Planning C not be sc) 1. Requii Propej 3. Prelii 2 • a) b) c) L< Ri Bi 5 W' a jx^fessiiaKSL • ‘ • .. 1 ms. Planning Commission Members Jeanne A. Mabusth, Zoning Administrator April 15, 1983 ^743 _ willow Properties, Inc. - 350 Willow Drive South Subdivision 26 acres dry) 12 lots Zoning District - RR-IB Area - 39.73 acres (14 acres wet, Application ~ Subdivision ~ Plat Planning Commission action - work session - no action required The aoolicant proposes a rural division at maximum <^e"sity (26 acres dry - RR-lB^standards but until septic testing has been provided, staff is unable to discern if building envelopes are feasible. staff will recommend that the wetlands areas are included in the platted ?o?s (“xtend lot lines of 8, 9, 10 s 11 to include marsh area). The road should be platted as an outlet. There appears to be dedication of 33' of right of way for Willow Drive. Review enclosed plat map. The subject property is owned in common with another parcel that abutts Brown Road on the east. That property is predominately wetlands. Planning Commission should review ^o sef if it should be included in plat. The Public Works Coordinator will be asked to review the plat. Planning Commission should advise the applicant that a public hearing can not be scheduled until staff is in receipt of the following: 1. Required septic testing for each lot. 2. Property owners list with addressed envelopes. 3. Preliminary plan specifying the following: $ a) b) c) Lot areas (amount of dry and wet) Buildin“°envelopef 50- for front and rear, 30- for side yards, WetlanL^should^be designated as drainage easements with angles and bearings , - > '.M"- ■' cive South - red [26 acres dry - lot and the satisfy all staff is unable in the platted :ea) . be dedication [1 common with ion should review Coordinator will lie hearing can >r side yards, ts with angles - , f ^ .'iwm ^ • ? k V > -w ih ■ .= . .'Am '/ -'kii \.... ■i->. . • 200 0 200 c A L E ' / INCH POO FEET scale feet /■•% •• i« • •• iW’l ^-2.5.V- <iv'a4 —2-i lOi ,.,J5 ( GO -RD--NO 15 ) ^l?-5 ______ N 6 7 " ^ 3* 50**» 184 6« ’'4.1?- :t*. /. hVv^CZ y, j"gJ2ri ’ «» I lO, A J 9' I ^ ^ :> M u s, V ,,. M Ci ipA 6? o sec N85* 5 <^ 4 Cs ^ % NAVAR 1* fVj - \ . < '" 7 \ '-J \ • '/ . < w V •..^1 ST. i •*4^ :v.V ^ . ' O \ 7l*». kT. 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'. ’t ' • ' V f V EXHIBIT#73« • ftp I- '• HHIJH|1 ^ ■itli * ffisili i"'i1 : ? i f *' ■ M M