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Home My WebLink About03-18-1996 Planning Packet‘■»t PLANNING COMMISSION MEETING MONDAY, MARCH 18, 1996, 7:00 P.M. 2780 KELLEY PARKWAY - COUNCIL CHAMBERS COUNCIL REPRESENTATIVE - Mayor Edward J. Callahan, Jr. ATTENDANCE moye to the podium at the front of the Chambers when their application is announced by the Chairman. SCHEDULED PUBLIC HEARINGSVPUBLIC INFORMATION REVIEWS 1. 2. 7:00 p.m. 7:30 p.m. #2120 Loren Brueggemann, 372 Westlake Street - Vacation #2121 Elaine A. Slechta, 3700 Northern Avenue A. Class n Subdivision of Properties Legally Combined for Tax Purposes B. Vacation Petition ACTION ITEMS - Review of these items will commence prior to or between scheduled public hcsi.iigs. 3.#2063 Gerald and Candace Rowlette, 3775 Bayside Road - Continuation of Public . Hearing - Renotification of Property Owners 4.#2107 Erwin Smith/John O’Sullivan, 3340 Shoreline Drive - Request by Applicants to be Referred Back to Planning Commission for Further Consideration A. Vacation of Public Street B. Conditional Use Permits, Variances, Commercial Site Plan Review 5. #2113 David and Jean Sahlstrom, 129 Chevy Chase Drive - Variance - Public Hearing 6. #2114 Clark Winslow. 1595 Bohns Point Road - Conditional Use Permit/Variance - Public Hearing 7. 8. #2115 Frank Bennett, 315/405 Tonkawa Road - Conditional Use Permit - Public Hearing #2116 John and Lynn Walstedt, 3470 Bayside Road - Conditional Use Permit - Public Hearing 9.#2117 Thomas McCune, 1473 Bay Ridge Road - Conditional Use Permit/Variance Public Hearing .4- i * >i i 1'A planning commission meeting - MONDAY, MARCH 18, 199^, 7:00 P^. Sketch Plan Reviews 10. #2119 Barnett Division Corporation and Hilloway Corporation, 180 North Shore Drive West - Subdivision/Sketch Plan Planning Commission Comments 11. Other issues for discussion. Additional Items 12. Planning Commission approval of minutes of the February 20, 1996 meeting 13. Planning Commission to select a representative to attend the April 8, 1996 meeting of the Council. Adjournment r- ---------------------------- r TO:Chair Peterson and Orono Planning Commission Ron Moorse, City Administrator /. FROM!Jeanne A. Mabusth, Building & Zoning Administrator DATE:March 11,1996 SUBJECT: #2120 Loren Brueggemann, 372 Westlake Street - Vacation - Public Hearing Zoning District: LR-IA Pertinent Ordinance Section 10.12 - Vacation of alley. Applicant has petitioned for the vacation of the 1 O' alley platted and dedicated to the public in 1912. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Legal Description of Vacation E - Hillside Park Plat F - Detail Hillside Park Plat G - Dedication Language Hillside Park Plat H - Current Survey Review of Request Applicant has filed a petition to vacate the 10* alley originally dedicated in the plat. Hillside Park, approved by the Orono Town Board in 1912. The plat dedicated a canal to the immediate south of the alley and may have provided a water link to Westlake Street fi'om Stubbs Bay during the period of the droughts in the early 1900s. It is not certain whether there is navigable shoreline along the south shore of the alley. The lot line rearrangement subdivision creating two lots was officially denied by the Council at the March 11, 19"'6 meeting. It is applicant’s plan to now proceed with the demolition of the existing residence structures and to construct one single family residence. The south shoreline of the property is bounded by the 10' alley and limits legal or direct access to the lake to the east shoreline. Review Exhibit H, the majority of the platted 10' alley is now located beneath the 929.4 elevation. Note there is no direct land corridor linking platted Westlake Street with the 10’. Access to the public alley could only be achieved via the private property. Members may remember the s^e situation with Forest Blvd. platted along the east shoreline of Forest Lake. The majority of the ••"Mr**- - '• 1 tV» r* T-—1—■■ -n —1 —i - rrw -. r. .. --'r-:-..-:-!-- Zoning File #2120 March 11,1996 Page 2 platted right-of-way was located within the lake bed. As in the Forest Lake Blvd. vacation implication, the City has asked Ceil Strauss of the DNR to review the vacation request. Ms. Strauss has advised that she sees no problem with the vacation but will ask another related department to comment. As of this writing, I have not heard from Ms. Strauss or Martha Reger. Public access to the lake is still provided via the 30' wide road corridor of Westlake Street. Staff has no knowledge as to the extent of the public use of Westlake Street We can report that we have had to ask property owners to remove docks installed within the public right-of-way. There is another more suitable location for swimming or fishing on Stubbs Bay located to the east just to the south of the extension of Stubbs Bay Road. As of this writing, staff has heard from one neighbor regarding alleged easements members of the public have over the property for fishing from shoreline of the property. Staff has no knowledge of easements over the property but would certainly question any easements granted (o private property owners over the public alley. Applicant may be able to provide more information on this point. Staff Recommendation To approve the vacation petition of Loren Brueggemann to vacate the east/west alley as platted in Hillside Park plat which is immediately adjacent to the southern boundary of the property located at 372 Westlake Street Approval is based on the following findings: A.The majority of the 10' alley is located within the lake bed of Lake Minnetonka below the Ordinary High Water Level of 929.4. The entire western portion of the alley is located within the lake bed restricting access to the limited eastern portion of the allev from Westlake Street. B.There is an existing, accessible lake access on Stubbs Bay that is maintained by the City. C.The condition of the alley would restrict all reasonable public use. Approval is conditioned on applicant legally combining vacated alley with adjacent homestead parcel. I 4 Apfrikatioii # ^ Date Received Amount Paid ot9>A CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION ... Site Address A • k / / I / I La j f \Type of Application to be Fil^ .. . Propcrt>' Identification Number (P.I.D.) 05 ~ 111“ ^3 ^ b applicant _iSyumq/ Address lAi. _____ OWNER (if differe *t than applicant) Name \t)^CV.V\ Address___________________________ Phone Phone (work) City i^dvmvillL fhomel 3 (/ (W0Tk)~^^6 ' ^ _ Zip Phone (home). Phone (work)_ City Zip. ‘ f Date Property Acquired______^------------------------------------------------ I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) $225.00 Guest House/Guest Apartments $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use $250.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore (month/year) PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS , r ^ ^ $250.00 Commercial Site Plan Review (+ consultant fees) c/’ $300.00 Vacation _____$200.00 Easement Vacation $100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) $350.00 Comprehensive Plan Amendment $100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District_______________ Present Use of Property ______Residential Other (specify). REQUIRED SUBMITTALS 1. 2. 3. Completed Application Fonn. Describe request in detail. 4. 5. 6. 7. 8. 9. ^Certified Property Owners List of owners within 350', labels and plat map (you must obtain th.is list, labels and map from Hennepin County Department of Finance, A-603, Govenunent Center, 348-3271). _ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. _ Attach legal description to application if not included on required survey. __ Topographic surv’ey (existing and proposed contours) if land alterations involve changes in elevation (grades). _ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). _ Construction plan, if ^plicable (see staff for requirements). _ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:___________________________Date ____________ APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pa^ additional fees (staff time not covered by original fee payment) and/or unusual ^^pxpensesincurred in review of this application, and certifies that the information sup^i^d is true wid^rrect to the best of itis/her knowledge, r Applicant ’s stignal Date '2' {'V'l OWNER'S SIGNATURE The owner her^y acknowledges and agrees to this application and further authorized reasonable entiyonto^es^ propeijy-.M' City staff, consultants, agents, commission members, and Council! nenabers for purp^s oFmvestigation and verification of this r^uest. Owner’s signal Date Applicant must have all submittals into the City offices 25 days before the Planning Conunission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. « I Xr RU4 OAU u/i^ns llEItJEPiU coum / FltOPlMFY iro OKMATIOiF SYSTDI PROPERTY OHNERS LISTSATCH 504I *t* • ^ •' . PROP AOOR : CMIER NAME TAXPAYER NAHE/ADDR i ; --V; • . • f * ' -v*;V:: \ V ! - y PROP AODR • .;^^U;OltCR NAH6 •Vi TAXPAYER - S8 05-nr-?S 23 0009 03095 BAYSIDE RO H D REUEY I C A KELLEY HICNAEL 0 I COItllE KELLEY 3095 BAYSIDE RD IQIIQ LAKE Mil 5555A * •. •'* ,V * •NAME/ADOR ~.Jv '.A - r'-p. » 4*" ’ • • i I • J 30 *05-117-23 23 0014 •00340' HESTLAKE ST , ROBERT A OLSON ROBERT A OLSON 340 HESTLAKE ST .* LONQ LAKE m 5535A HI #• PROP AOOR ' • ■ >)>■ OHNER NAME . 0017 ST TAXPAYER . : HI ■hi ' ■ . : f i! I i • I. * NAHC/AOOR.v 4 '» I 50 05-117-23 23 00372 HESTLAKE D R A N HAESER BEAN HAESER 372 HESTLAKE ST LQNO LAKE HN 55354 1 • . f PRGr AOOR .4.:^ OHNER NAHE < TAXPAYER NAME/AOOR 30 05-117-23 23 0022 00325 ^ HESTLAKE ST 1 E A H K DERGSA6EL IRV BERGSAGEL PO BOX 149 HAYZATA NN 55391 Q|I! y tv • • i *• 0S-117-E3 25 • 'VlT * BBMI •MtM • AATA* UCCTI AVBPROP AOOR 0025 00340 HESTLAKE ST <t. OltCR NAME ' EDNA T ANDERSON ET AL H/L E TAXPAYER . . . EDNA T AHOERSON - I ' NAHE/ADDR • 177 PENINSULA RD ' HEOICINE LAKE MM 55441 C/\i' •. . - ' • O iV . I * • . Vt . r’— • • ^ PROP AODR • tS tOlflER NAME • P H lANGERT ET AL H/L EST PRISCILLA H LANGERT •30* 05-117-23'23 0020 : *00373 HESTLAKE ST \ • * TAXPAYER n NAHE/ADDR 373 HESTLAKE ST LONQ LAKE HN 55356 2;v:• • ! •A. V . • I* ' V V r V* 'it?' ‘ 1 •' ■ r.« t 30 05-117-23 23 001003865 BAYSIDE RO OIK DIANIS DAVID DIANIS 579 N£ PLANTATION RO t410N STUART FL 34996 38 05-117-23 23 0015 00356 HESTLAKE ST E C ANDERSON ETAL EDHARD ANDERSON 356 HESTLAKE ST LONG LAKE HN 55356 0018 ST 38 05-117-23 23 00372 HESTLAKE D R A N HAESER DEAN HAESER 372 HESTLAKE ST LONG LAKE HN 55356 T> 38 *05-117-23 23 0023 00038 ADDRESS UIUSSIGNED I E I H K BERGSAGEL IRV BERGSAGEL PO BOX 149 HAYZATA HN 55391 T7 58 05-117-25 25 0026 00056 ADDRESS UNASSIGNED E C GAGE III • 8 C GAGE EDHIN III I BARBARA GAGE 460 TONKAHA RD > LONG LAKE HN 55556 58 05-117-25 '25 0024 00565 HESTLAKE ST WESTERN UNITED LIFE ASSUR CO JOSEPH D A HARY 8 FIEDLER 565 HESTLAKD ST LONG LAKE »1 55556 REPOar iK). PI435401 PAGE 11 • •58 05-117-25 25 0015 00540 HESTLAKE ST C K HARDER I T R HARDER CYNTHIA K I TIHOrilY R HARDER 540 HESTLAKE ST LONG LAKE HN 55556 58 05-117-25 25 0016 00564 HESTLAKE ST WALLACE H PAASCH H H PAASCH 564 WEST LAKE ST LONG LAKE HN 55556 50 05-117-25 25 0019 00372 HESTLAKE ST D R A N HAESER DEAN HAESER 572 HESTLAKE ST LONG LAKE FM 55556 'V 38 05-117-23 23 0024 00341 HESTLAKE ST I E I H K BERGSAGEL IRV BERGSAGEL PO BOX 149 ^ HAYZATA HN 55391 .<. 38 05-117-23 23 0027 00389 HESTLAKE ST JANET DONALDSON * JANET DONALDSON 389 HEST LAKE ST LONG LAKE HN 55356 . 38 05-117-23 23 0039 00332. HESTLAKE ST. B H BICHANICH I H B JANSSEN B H BICHANICH I H B JANSSEN 332 HESTLAKE ST LONG LAKE m 55356 -• m . * • •• % ••••• '•» . I.*.• •I • . • .1*.. . . .V * X. • . . • 6 » . •*' *• •”•*’ * ; 'V • . ••• -.iV. *: IA r!.• Vt *•• V ; i . . •r• ... j •». •*■ * • * ..' I • :! •. _• 1 iy »’i •**?•• • * •• •J* • * *V j I ^ • r: i*. % • i- : RUN DATE 12/M/9S IIEtftfPIH COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS EIST %V BATCH SO« ^ 1 PROP ADOR *-:;0»tCR NAME taxpayer ' -■ NAME/ADDR ‘'.V' ■ •• .: SB 05-117-23 24 0112 tOOSB AOORESS ItUSSIUlEO HEtMEPIN FORFEITED LAND HEMCPIN FORFEITED LAND H PROP ABOR M otCR name . TAXPAYER •I f ’ lUNE/AbOR TOTAL BATCH • • ?.• . % .* '-‘I*- 5 ‘ t : v: r* • ^. i:'-' ■*' ' i V. :v' lit * ' *• .-. '•*-1 • / * * . . • • W v; . -STi* ‘ ■< V t!. •» -r:*. • - : ' III... • ■ **<4L i •'v‘!; VC V** i . * »^ •• ,1* : f •■ »• ... -C,, •• /Sii' . !i‘: vv'** .1 504 00021 • * • . REPORT NO. PI4S5401 PACE 12SB 0S-117-2S 32 0001 00420 TOTKAHA RO AttnCK R H PRATBERNON EOHIN C CAGE III -p BARBARA C GAGE PO BOX 591S9 MPLS HN 55454-8250 30 05-117-23 32 0002 00460 TONCAHA RO EDNIN C GAGE ETAL ^ > CAGE EDHXN C 12715 B STATE KHY 55 MPLS tfl 55441 VI / 38 05-117-23-23-0040 309 Westlake St Gregg S & Bette J Perl Gregg S & Bette J Perl 309 Westlake St Long Lake MN 55356 •^1 . J i S’* - *: • ... . I ,i ■'» i % « I , • \ I .. . < *■ •• I I .* ' •• »• t •4. *. . ■• * ■■J X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION» TO THE BEST OF HY KNOHLEDGE AND BELIEF. DATE • ■=• *•,' -1 .*• • • >;VtJ. f ?*/ •' ! *■• -• V • . OROS ■ ‘' ‘ ' : ■ • EST ;|v. -- • /.s . * .• . • A • . i I • . i . «» I, I • I • #*.* * • . * • i I ' *.*-A *' I* u M • I / t • • --'a — m. DESCRIPTION OF ALLEY REQUESTED TO BE VACATED That part of the east-west alley as platted in "Hillside Park", according to the recorded plat thereof, Hennepin County, Minnesota, which lies southerly of and adjacent to Lot 12, Block 1, said "Hillside Park". t'*•**1 ..J • ar # f I . 0 4^sy z ^37 4 ^3 7 & ^7 MMM3 BLOCK ^S7 8 I33.r c 9 ./o c ............ h //c •StS^ •*..{' • /z K- ••-. V /5 1 --------- JXfmr - # • • * •• *• . *• .* • •: V.•• . • • • 3i%jr /9 ^4 Ai,Lcr ^ >— ■ t is§^ /$c /7 30Mj ^ 'x U Mj 3^ * . • . ‘ ;• c /<r • • t• ^ j'V'M . • • •--------- { • : ‘ • V “. .• ■• I • . . •■ .'• *• ^ • . •;:• • .-•/.•i' •• • . i - :*.«v'V** V * • • • •:•:• .“V *•■••. r. .. •■ ,v ’T». - • •; :l . . •. 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Il£ft CaA<*.U«A Jill yti 4-y /W-> ^,Xj4i V. ’* •. h{ \js 0P4* <e?^'^y^ *'*!Vv, \ ^mr*fmmmrm AmmjA^mmmmm00p mmA .* VP • AimA^r^ ^mpAA Pm000 0000 j £0 000 ymmmsm mm^A^m*m4 ^</A rnmA. m mrn*mi ^ • A 0*9 • m l^'iJ'ICl^e. 'to 'Hj» fvVtii. fM't.OOA HU . • f • •• •• • /f//m M* *r Cmmnmmmmm SJ**^spy^’•f0^94pa^Yj^li/_Z^ __= i?\ o'^'‘\ «7T:: ; ::: : • f • • • ♦ « TO:Chair Peterson and Orono Planning Commission Ron Moorse, City Administrator FROM: DATE: Jeanne A. Mabusth, Building & Zoning Administrator March 11,1996 SUBJECT: #2121 Elaine Slechta, 3700 Nonhem Avenue - Vacation/Division for Tax Purposes Public Hearing 2^ning District: LR-IC Total area = 4+ acres (1/3+ acre designated wetland) Application Applicant seeks approval of the vacation of Northern Avenue originally vacated by the Orono Town Board in 1912. The application also involves the division of three parcels legally combined for ^ purposes. Each lot meets and exceeds the lot standard requirements of the LR-IC zoning district. HOMESTEAD LOT Rgquiisd Area = 1 /2 acre or 21,780 s.f. TRACTB TRACTC 2 acres 50,638 s.{*51,563.5 s.f. 137Lot Width = 100' 198' 137 ♦Refer to Section 11.03 Definition Lot Area, minimum and Section 10.55, Subd. 15 (A-2). Tract B is divided by designated wetland, refer to Exhibit N. Staff approximates an area of 22.071 s.f. or 1/2 + acre of dry contiguous land to the south of the wetland. List of Exhibits A - Application B - Addendum C - Plat Map D - Property Owners List E - Legal Description of Vacation F - Orono Wetlands Map G - RLS #763 6/30/58 H - Engineer's Report 3/8/96 1 - Sewer As Built J - Water As Built K - South View Estates Plat L - Dedication Language of South View Estates Plat t— %-' ^ ' . - “ *<.7 ArYTt -I- ' —— r Zoning File #2121 March 11,1996 Page 2 M - Council Minutes 1/10/83 Review of South View Estates Application N - Staff Sketch O - Survey P - Topography Vacation of Northern Avenue Section 10.12 - Vacation of Public Road As already noted above, the Orono Town Board vacated Northern Avenue on August 21,1912. The action of that vacation was never certified on the certificate of titles of Tracts B and C created in June of 1958 (RLS #763). Refer to Exhibit G, note the RLS never acknowledged the vacation of the 66’ road to the south of the property. As Tracis B and C are now to be divided from the abstract property and deeded to new owners, it is necessary to update the certificates of title to reflect the vacation. The only means available to the applicant was either to pursue a private legal action that would take months or to petition for a second vacation from the City. The City Attorney reviewed the problem of the owner and applicant and advised that the City could not provide the necessary certification of the Town Board action of 1912 that would allow the Registrar of Titles Office to add vacated right-of-way to Certificate of Title. Refer to Exhibits C, K and L, the 1983 subdivision of an abstract property to the immediate west note the dedication language in Exhibit L reflects vacated right-of-way of Northern Avenue. In the 1983 subdivision, the City asked for dedication of road over the traveled portion of Northern Avenue at an approximate width of 22’ at the west side to 24' at the east. The City also asked for a dedication of a 10’ drainage and utility easement just to the north of the dedicated road right-of-way. Half of the traveled road bed is located within the railroad right-of-way. Refer to Exhibits H, I and J, the sewer as-built reveals the existence of a 30' permanent easement for sewer line installed in 1982. The engineer recommends a minimum of 30’ to be taken from the current applicant for road and utility purposes. Staff Recommendation To recommend approval of the vacation application subject to the City obtaining dedication of road and drainage and utility easements along the southern east/west boundary of 66’ wide right-of-way of Northern Avenue. B. Subdivision of Legally Combined Lots for Tax Purposes Pertinent Code Sections Section 11.03, Definition 66 A, B and C - Class 1,11 and 111 Subdivision I Zoning File #2121 March 11,1996 Page 3 As already noted above the properties meet or exceed the lot standard requirements of the ^R-IC zoning district. There is adequate sewer and water to sctvc the development of Tracts B and C. The properties have been assessed three water units. As for sewer, the only payment to be made will be for one sewer unit at $375 (plant charge $225 and area trunk charge $150). Review Exhibit H, note the engineer cautions basement elevations for the new residences on Tracts B and C should not be below a 951 elevation because of the depth of the existing sanitar>- sewer in order to allow for adequate clearance below the footing and grade of the service pipe. The engineer also advises that if full basements are proposed with new construction that fill must be brought to the site. The site drains north to the Type 3 designated wetland. Erosion control must be maintained throughout construction period until ground cover is restored. All filling and grading activity as well as construction must meet 26' setback from designated wetland. Review Exhibits F and P, the majority of surface runoff from existing and future development drains to the wetland then eventually drains northeast to wetlands on north side of Togo Road. The wetland must be protected with a Flowage and Conservation Easement. The City Engineer also asks for 10 drainage and utility easements along exterior lot lines and 5' along all internal lot lines. In subdivision applications involving vacations, dedications of road, dedication of protective easements over wetlands, and the dedication of drainage and utility easements, the City must ask tliat the subdivision be completed as a simple plat. No park fees are required as we are dealing with previously platted lots that meet current lot standards combined for tax purposes. The City will not ask for additional application fees except for a legal review and filing fee to complete the filing of the plat and other required documents. Staff Recommendation To recommend approval of the division of the homestead parcel. Tracts B and C. The division shall be completed as a simple plat with the necessary dedications as follows: 1.The plat drawing to include: A. 25' for Northern Avenue. B.10' Drainage and Utility Easement to be platted to the north of the 25' dedicated road right-of-way of Northern Avenue and along the exterior lot lines of the three lots. 5’ drainage and utility easements to be dedicated along the internal lot lines to be omitted in the area of the designated wetland. • —' /»• *>'■ Zoning File #2121 March 11,1996 Page 4 C. Wetland to be designated per directives of City staff or applicant has the option to hire a wetlands delineator to determine the exact boundaries of the wetland. The City will make its determination from the designated wetland map and topogn^hic maps. A drainage easement shall be taken over the designated wetland. 2.Basement elevations for new construction should not be below 951 elevation ia order to allow for adequate clearance below footing and grade of the sewer service pipe. j.Erosion control shall be maintained during construction in order to protect designated wetland. A 26’ setback must be maintained for all construction activities involving filling and grading. All structures must also meet the 26' setback. 4.An additional sewer payment of S350 is required to be paid with building permit for either Tract B or Tract C. —•- —'i • 44*• #**»■. V • J t" — 3a l> v.S C3k;-.J 4 ^ ^30 . od CITY OF ORONO - SUBDIVISION APPLICATION A PROPERTY LOCATION Site address ^70 0 fUi^rflarrs A\u<L Property Identification Number (PID) - //*7~33-3V O qo ^n ^ Please check one - Property abstract or torrens? i^oni Hescription to applicat ien. APPLICANT Name A. 3Li,c^-h- Address T o j o cso n o\ City Lu r ^ ^Zip OWTSTR (if different than applicant) Name /_€ O J c4^~to^ 5* 7 ^ / Address 79 0 0 /v A t/t-' Citv . (b/ro^O)yvffj Zip Phone (home) HD ~ Phone (work)_________ 1 Phone(home) *4"H ■ 933L, Phone (work)_________ EXISTING LAND USE Number of Tax Parcels Development Size / Present use (check) Present Zoning District PROPOS Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ Division for Tax Purposes 'T/^ACT” __ ^ Lot Line Rearrangement Only (no new buildling sites) ^ Subdivision for New Building Sites Numbw of Building Sites Existing Units _ New Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per Acres Sq. Ft. Dry Buildable Land Residential Other (specify)_________ ME^MUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION Payment of fees (refer to ’application fees" listed below). ' t j Completed application form. ^ ,a^,s and p,. nup (you n„. ob.uin .h. Us., labeU aud map ^m a°T“s."“':;; »( mia appucmion. Bning Official’s Signature ----------—----------------------------- MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicabie). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official’s Signature ___________________________—Date I. APPLICATION FEES (Zoning Administrator to check (X] those which apply) A. Application Base Fees: Sketch Plan Review (Class 1. II & HD S200.00 Subdivision of a Lot Line RearrangeiM Totals ■j,' Subdivision Application (Class 1 & 1 ^ Preliminary Subdivision Application Final Plat Application (Class III) SI75.00 _ ^ Y * .00/lot (Class HI & all non-residential) Legal Review and Filing: Subdivision only S75.(X) Subdivision w/easements and covenants min. S200.00 \ \ Park Fees (to be determined per Section 11.62) H suw^^^^ s.50,00 (NO chuug. from oHgma. appUmuiou) o Ls III. Prelimimu, SuOdi.is.oo Applicmioo S150.00 (No chmg. from onguml apphcatiou) Rracwal of Final Class III SubdMsion Application SIOO.OO (No change from ongmal appl.ca.,on) B. Special Improvement Fees: Proposed Private Roads S600.00 + $.50/lineal ft.. ■ Proposed Public Roads S900.00 + S.50/lineal ft.; lin. ft. \ .50 = S. lin. ft. X .50 = SrTOpuscu ruuii^ iwavw ---------- -------— Request for City to Accept Existing Private Road ^900 Proposed Sanitary Sewer Main Extension S250.00 + S25/stub Proposed Watennain Extension S250.00 4- S25/smb Sisrsy^r. rL^iSn''J:!:;2XpScrmS suhdivlsio„ appuccions, S50.00/new lot proposed for on-site x --------new lots C. Fle.xiblc Application Fees/MLsc. Fees Variance S200.00 ” Easement Vacation Associated with Subdivision 575 PRD Application with Subdivision S30.00/D welling Umt eambliahcd by ordinance. Applicant’s Signature Owner’s Signature 2/9 / 1CDate____ Date ^ ^^ Si” “yobr pto “iiae m. Building d. Zoning 0«ce of mis ebang. prior .o me meermg. % map from[ication. Totals ineer. City itional fees •i :ommissioa tie Planning L authorized CITY OF ORONO - GENERAL LAND USE APPLICATION ^ JijJi t * \\PROPERTY LOCATION Site Address ^700 /4\a»'Type of Application to be Filed_________________________________1,^_________Property Identification Number (P.I.D.) 7/7QO q X._______ APPLICANT , Phone (home) '9/fX Name A • ________ Phone (work)_______________ Address '77>o To ^ o ^________City ______Zip 2^ / O^VNER (if different than ^plicant) Name A U/^2Ci.-fn ^ CjC Phone (home) *-y O / Phone (work)_______________ Address *"^7 oo /vo <g/'T^City O/r 0 wo_______Zip .S' s i?*7 ^ rOr.'TO'^^'^g ________tiProperty Acquired______________________ I^o^do not) also own the adjacent parcels of land FEES - CONDITIONAL USE PERMITS - _____$ 50.00 For each variance request with CUP application _____$125.00 Residential Accessory Use _____$200.00 Institutional (church, school, etc.) _____$175.00 Guest House/Guest Apartments _____$150.(X) Duplex Credit/Bldg _____$250.00 Commercial/Industrial Use $200.(X) Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more ____ Grading, seawall, retaining walls within 75’ of lakeshore PRD/PID - see Fee Schedule $100.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee (month/year) OTHER APPLICATIONS _____^$200.00 Commercial Site Plan Review (+ consultant fees) y/' $250.00 Vacation $175.00 Easement Vacation $ 75.00 Easement Vacation With Subdivision $300.00 Rezoning (PUD - refer to fee schedule) $300.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District______ Present Use of Property Residential Other (specify) rz>.' ^ear) REQUI^D SUBMITTALS1. V Completed Application Form.2. Describe request in detail.3. \/' Certified Property Owners List of owners within 350’, labels and plat map (youmust obtain this list, labels and map from Hennepin County Department of Finance, ^. / A-603, Government Center, 348-3271).C 4. ; 1/^ Certificate of Survey (signed by a licensed surveyor) - refer to handout for surveyinformation. 5. y Attach legal description to application if not included on required survey. 6, Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. List of the legal names (include marital satus) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. ____ Construction plan, if applicable (see staff for requirements). 9 ^ an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc, to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date -------- APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Admi^strator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and corre^o the best of his/her knowledge. Applicant’s signanire Date 9/9 Ac OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner’s signanire Dare Applicant must have all submitt^s into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants mnst be present at all schedided review meetings of the Planning Commission and Council. If an applicant is unable to anend a scheduled meeting, please arrangements to have an authorized agent anend in your place and advise the Building & Zoning Office of this change prior to the meeting. !*•• *J - ^ ^ ** 1 ■ *n >••4. S!«chta appication for Vacation and SuPdwsion of 3500 Ncrtham Aitnue to Oreno Piannlnq Commission VVa art sttkinq to tht proptfiy of Lto John Sitchfa 3700 Northtrn Avt , In order to build a net*< residence on Tract C. of Let 9. Block 10 townsile ofLangdon Park. There has been some cenfusion as the southern forder of this property which is adjacent to Northern .A^enu^. Accordlno to the records, the toi«i board of Oreno vacated a proposed street location back to the land oimers In 1912 as the avenue was never deveioped on ithis location . ’See topocraphical survey for location of this undeveoped street. This docum.ent was found by the County Examiners Office but they said this matter needed clarifying. Northern Avenue today ties partivay in the railroad's right -cf-i-.!ay. and there is no !ega’ description of the vacated land that was qrven to 'and oi-mers. The Examiners of Titles Office suggested we ask Orono to re-vacate the land to clarify boundaries. In 1982. Orono installed sewer and '•rater to the residents of Northern A/enue. They need as easement of 30 feet on the vacated land for these services. It Is necessary that this 30 feet be dedicated back to the city . Please refer to the certificate of surve*y. So. we are ac''8«lhg mat as this undeveloped road site is ’vacated by the city, as the city has Installed services and needs 30 feet of easement . we will dedicate 30 feel of the •vacated land back to me city of Oreno ’ * Hk 1. ^(63\ f t4> , -ft-- ► /V 5 «'* “‘'>/‘^r;*’) (45) : h V A ^!.^£D tC If-^7 •w^ i •Co 1 ;:_! 11 ! f• 1 ( 54) 4.• b 6Q r' ; i 46 ‘1111i I 'V^- : !m i “■ ^ A U 'OG 1: I»7.5 i i ' <»«VQ E^'T* ^ ^I4li» M7) ru)"! 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S (7) ■! m^binEr -m 1363. 92 (7) fiMTi-!4*£Md0*M ‘E I WCi« ■( 3e ,M» AOM OtI.ONHn NMH • Ijl tAmviH' i ^|','«NAHE/AODR O “ vfk...ir : .i7-ii7-» Si ooASil':QSaOOr TOGO RO M t J KNH NAYtC^D bCHH .S790 TOGO RO MAYZATA IM SSSn • • .A- ♦V 17 .'ir-llT-tS Si 0057 •^'6 '•yfelHlOR AOOR . ‘^'^^OMCR NATC ^TAMRAYfR ' NAME/AOOR VfciV.j.':/ -■ , . ;; ’■T‘> V- \ ’ t, PROP AOOR.' 'l.;:,:<»tCR NAME 'i * taxpayer ' ! NMC/AOOR ’ PROP AOOR ^ H ' ONCR NAM L- f j^TAXPAYER « i:'4:.NAM/A0DR .. (.'i V • • • t'|.J ^-v , ' -» •» * ^ .,^i^PROP AOOR r,-•; OOMCR “‘Ml nl TAXPAYER A.' NAM/AOOR V • >•.'■.• ' • • ‘ . ;OSOOO: PARR u:rschaRo p scrxhgeour RXCHARO SCRXHGEOUR tOK 10 ., ST OOMFACXIS HM S5S75 • /I* 17 17-117-lS S5 0010 . OSOU NORTHERN AVE HAROLO R KOKESH ETAL NAROLO R RORESCH SOIA- NORTHERN AVE SPRXNB PARK M4 S5SM so 17-117-ES SI 0017 0S7XS TOGO RO LUCYE nCOANIELS JAMS SARTH S7ES TOGO RO ORONO m 55391 s 0022SO 17-117-23 31. OS740 TOGO RO GEORGE GLASSCO ETAL GEORGE GLASSCO S7A0 TOGO ROAD NAYZATA HN 65S91 so ' 17-117-23 Si'0025 0S70O ■ TOGO RO 0 FACKLER SUZAftC 0 FACKLER S700 TOGO RO NAYZATA HN 55391 ■ Vy' . ■ HEMCPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OMCRS LIST17 17-117-23 32 OOAA03002 TOGO ROL R A N HEHSTOCKNEIL A LENORE R HEHSTOCK3802 TOGO RO SPRING PARK m 55304 17 17-117-23 32 0050 03811 TOGO RO . HAL OILL HARLYN F DILL 3811 TOGO RD SPRING PARK HN 55304 17 17-117-23 S3 0009 03801 PARK LA CRAIG N RROONBLANO CRAIG N RROONBLANO 3801 PARK LA SPRING PARR m 55304 38 17-117-23 31 0010 03790 TOGO RD H A J BEHH NAYNE 0 BEHH 3790 TOGO RO NAYZATA HN 55391 38 17-117-23 31 002S 03740 TOGO RD HALTER K JARL HALTER K JARL 3740 TOGO ROAD NAYZATA HN 55391 38 17-117-23 31 0027 03710 TOGO RO LINDA J LINDQUIST MS LINDA J LINDQUIST 3710 TOGO RO NAYZATA MN 55391 • * <0»4' RCPORT NO. P1^S5401 PAGE I17 17-117-23 32 005603801 TOGO ROT A ROGICH I H L R06ICHTIMOTHY A/41ICHELLE L ROGICH3801 TOGO RO SPRING PARK MN 55384 17 17-117-23 33 0001 03810 NORTHERN AVE ROGER ALLAN BUEHL ROGER ALLAN BUEHL 3810 NORTHERN AVE SPRING PARK m 55304 17 17-117-2S 54 0021 03000 NORTHERN AVE LOIS A rotcR LOIS A TOItCR 3800 NORTHERN AVE SPRING PARR MN 55304 30 17-117-23 31 0019 03780 TOGO RO DOUGLAS M MCMILLAN DOUGLAS M MCMILLAN 3700 TOGO RO NAYZATA HN 55391 SO 17-117-23 31 0024 03720 TOGO RO H F SLECHTA A E A SLECHTA HERBERT F SLECHTA 3720 TOGO RO NAYZATA MN 55391 30 17-117-23 31 0020 03690 TOGO RO RANDOLPH H HERMAN RICHARD BRUZEK 3690 TOGO ROAD NAYZATA tt< 55391 t C'j >• ‘ » * vO»^*4 ♦ I . < fH OJ WS3BSB V I s . - ■ I V; • • •. • * .'-Q ' ’'to . - * V .1 V ■> *{.• ■ . ■V..; ' . •> I .• •. ! -t ■■ V * ff. •i wj I ” ♦ • . • . . t < • « ■ % .. * / ■ • 4*> ** .1 I ; * MH XiTM/n‘ ‘ . 't. i*'-?* #• •HENNEPIN NAHE/A «wm ^r’l U7-ES SI 0029 rooo NO NESSEAICH . ROM^LO J NESSEPICH S4M TOQO HO OMNQItr BSS91 ____ *<-117-2S SI 003S os4SSn<-Toeo ro !.'>• NO T^NPAVfR r^NO plOMi/AOOR' I'M •»i ‘ iMAYi Pmil O^LLXi srftm YZATA N LUAHS 4 L LUAH5 A L RO iTA MN S5S91 H HIUIANS H NILLIAN5 o • j' ' f SI 00S4 TOM m rs!.; CMCH NAMi (JJ;--NAm/A00R r'* ^ •; ■• : . :VrTAMPAYER I’OSABS^ v T0( f NOUNO CQNO JEHOVAH HXTNESSES NAVAtiRE CONO OP JEHOVAH HITN 1 i HX '■t ^ -;PROP AOOR 'J t' .OHNER NAME il«;TANPAYIR C/0;RZNOOOH HALL MM-TOOO RO HAYUTA'IM S5S9X SO^i7-117-2S SI 0039 OSTOf: . TOGO RO R J RAUOCHENOORFER ETAL R J RAUSCHEI PER tlfP NAIC/AOOR VSTM^TOOO RO Vi fit . • NAYZATA NN 55S91 t.t. • ^ ';iV>OOR AOOR ; (.OMNER NAME Y j -^TAXPAYER ti; ^ NAHE/AOOR4m r -- so 17-1I7-2S SS 0002 OSaaO SHORELINE OR CO OP HENN ORONO' NAINT STAHON C/0 HENN CO - P.S. 046 SCO NASHINOTON AVE S HOPKINS HN 55S4S if • t ■ V’- >^4 ^ PROP AOOR OMCR NAHE TAXPAYER ..>-:^iNANC/AODR■ Vi. so 17-117-2S 34 0004 03790' SHORELINE DR PAUL N LARSON PAUL'N LARSON 10 SHORELINE PL SPRING PARK HN S5384 COUNTY PROPERTY ZNFORHATION SYSTEM PROPERTY ONNERS LISTSO 17-117-2S SI 0030 03*40 TOGO RO LESLIE J OOGGETT LESLIE J OOGGETT HCOl BOX 79 E DRIPPING SPRINGS TX 70*20 30 17-117-23 SI 0034 03*45 TOGO RO 0 4 L CARLSON DALE 0 CARLSON S*45 TOGO RO NAYZATA M4 55S91 SO I7-117-2S SI 00S7 03*05 TOGO RO GARRETT S KIRCHErOUTZ ET AL GARRETT S KIRCHENHITZ 3*05 TOGO RO NAYZATA MN 55391 SO 17-117-23 SI 0040 037*5 TOGO RD ANGELA 0 PHENICIE ANGELA 0 PHENICIE-LILJA 4417 42N0 AVE S HPLS HN 5540* 30 17-117-23 S4 0002 03700 NORTHERN AVE LEO J SLECHTA ETAL LEO J SLECHTA S700 NORTHERN AVE NAYZATA HN 55391 30 17-117-23 34 0005 03760 SHORELINE OR BALBOA MINNESOTA CO BALBOA HirtJESOTA CO C/0 NELSH COMPANIES 0200 NORHANOALE BLVD S200 HPLS HN 55437 REPORT NO. PI4SS401 PAGE 2 i•V-58 17-117-85 51 0052 05470 TOM RD ONRRS TRST CO OF CA NA TRSTE KIMBERLY ANN SCHAFER 5470 TOM RD NAYZATA Ifl 55591 4 * '*• i|L» ■ ' • i A-/ ■ ’.f %'■ ■: ■;>«0 V * • . 50 17-117-85 51 0055 05475 TOM RD RALPH KILLIAN KEHPF RALPH KEHPF 5475 TOM RO NAYZATA MN 55591 f \ix .fy 'I 58 17-117-85 51 05795 TOM RD N J O'CONNOR I R N J O'CONNOR 4 R 3795 TOM RO NAYZATA m 55391 0058 L O'CONNOR L O'CONNOR mm i • »• 38 17-117-25 51 0044 05745 TOM RO GERALD EONARO HACKEY GERALD E KACKEY 5745 TOM RO NAYZATA m 55591 O ■■.PVI.: V I • % . .1.V t'L' 38 17-117-23 34 0003 03770 SHORELINE DR NARY SOHNS MARY SOHNS P 0 BOX 2 NAVARRE »M 65392 ■’•JLl'j 3 j ^ •1 •V i’ t ‘ i vl 38 17-117-23 34 0006 05740 SHORELINE OR BALBOA MINNESOTA CO BALBOA MINNESOTA CO C/O NELSH COMPANIES 6200 NORMANOALE BLVO 8200 HPLS MN 55457 cIf H K'€IM DATE ll/SO/TS r .*iuTCH MI HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LISTr' v^fHOP AOm 'ifl ONCIi NAM '^ItanpayirQil NAHE/AOMV. -H't* , ■ji fi ’ li’V' M . 17-I17-2S SA 0008 OSTOOh SHORELINE OR •ALMA NXMCSOTA CO •ALWM HUMESOTA CO C/0 NiLSH COMPANIES •200 NORMANOALE OLVO 8200 MPLS NN SB4S7 W'Jllf p ROP AOOR .7.0MCR NAME S’ ^TAXPAYER >/.M 17-117-2S SA OOIA i^OUSil^. TOGO RO ^NARY. E. RXPP0ER6ER r^iSNAME/AOOR ’ Jy • M.:i7-n7- .HARV.'E SCHCRMR .MSDSTOeO ROAD "kYIAl{. NAYMTA m sssn “^ ‘S-PROP AOOR v ^\OMNER NAME '.)?-;^:TAXPAYER v’' name/aoor: •41 ;;t V i '4 Zl 0017 05A40< N0RTHERt4 AVE AONES • POLLOCK AflNSS POL OCK-PFEIFER SAAOiNORTHERN AVE NAYZATA NN 55S9I I v'p. ;'V‘i. ‘ V. - iV-: ’ Prop aoor .(MCR NAME.. taxpayer • NAME/AOOR ' V‘ ' ■•VT .4-. • M 17-117-2S SA 0028 OMAO LIVINGSTON AVE N R LAPINSKI A C A LAPINSKI NARK A CARLEEN LAPINSKI SAAO LIVINGSTON AVE NAYZATA M4 SSS91 •'i;*. ' ^V;PROP AOOR ONNER NAME X:'TAXPAYER 'V - NAME/AOOR ■ ^ . » It ^17-117-23 34 0031 f A^ r* ,03470 LIVINGSTON AVE RXCHAIIO N EPLANO mCNARD H EPLANO 3470 LIVINGSTON AVE NAYZATA m 55391 V/1 v^VfVJPROP AOOR -dlO«R NAME • t k»•' VV-" TAXPAYER NAME/AOOR 58 *17-117-21 54 0049 0577B - ' TOGO RO J L KNOLLENBERGiOC L TIFFANY JON L KNOLLENBERG ANO KRISTEN L TIFFANY 5775 TOGO RO NAYZATA NN 55591 I 4% •IIIA • I rt* ’ . '* <v- ; . if 30 17-117-23 34 000400038 AODRESS UNASSIWED HENNEPIN FORFEITED LAND HENNEPIN FORFEITED LAND ADJACENT ONNER ONLY SPRING OF 1964 38 17-117-23 34 0015 00038 ADDRESS UNASSIMED JEFFREY ROBERT ZELL JEFFREY ROBERT ZELL 3480 NORTHERN AVE NAYZATA MN 55391 38 17-117-23 34 0018 03470 NORTHERN AVE R P JOHNSON INK JOHNSON ROBERT P t MYRA K JOW60N 3470 NORTHERN AVE 4AYZATA MN 55391 38 17-117-23 54 0029 03650 LIVINGSTON AVE PATRICIA L^NN HOCKEL PATRICIA HOCKEL 3450 LIVINGSTON AVE NAYZATA MN 55391 38 17-117-23 34 0032 03480 LIVINGSTON AVE CHERYL K NOUN CHERYL K MOUM 3460 LIVINGSTON AVE NAYZATA MN 55391 38 17-117-23 34 0050 03780 NORTHERN AVE H T CARL A J K JAMES M T CARL A J K JAMES 3780 NORTHERN AVE NAYZATA MN 55391 REPORT NO. PAGE PI4S54013 - » < V , V ,• ‘ H f > •'•A: -v.!.9 M . *38 17-117-23 34 0013 03430 NORTHERN AVE THOMAS J 8URNEVIK THOMAS J 8URNEVIR 3430 NORTHERN AVE NAYZATA MN 55391 •. 4 V•" r; ... v iO'.w 58 17-117-25 54 0014 05480 NORTHERN AVE JEFFREY R ZELL JEFFREY R ZELL 5400 NORTHERN AVE NAYZATA MN 55591 .'f <"iO rv A' ■ •.O^ym 38 17-117-23 34 0027 03430 LIVINGSTON AVE BARBARA 0 SENGER BARBARA D SENGER 3430 LIVINGSTON AVE NAYZATA MN 55391 »pnny;.;, ^..1 ,T » 1 * } 'v‘ f . »• -J •. 38 17-117-23 34 0030 03440 LIVINGSTON AVE T 6 THOMA A J A KOBERNUS T THOMA i J THOlU 3440 LIVINGSTON AVE NAYZATA MN 55391 ‘‘4, i*•r>% •f •4* • i» »• ;>■ J.,; 1 . • !' • . 14 •ji . yy-/'• r 38 17-117-23 34 0037 03497 LYRIC AVE E F GARNER t L Y GARNER EUGENE F i LUCILLE GARNER 3497 LYRIC AVE NAYZATA MN 55391 • 1^74; / • I V • • 58 17-117-25 54 0051 05740 NORTHERN AVE J R GUAM A J E GUAM JOHN R GUAM 5760 NORTHERN AVE NAYZATA m 55591 *. f* *1 * • 0 - V k ^ s V ' J- . :• . 4 ■ i. ‘ 11 • t *■V J •• JS* ‘'y f’, • •V; /.a' ^ t f- ^r ^>>v.-1 Um ■? t! V ^ -K-^raOP'AOM O'ff'CMCR NAHK . , TAWAYIH vtiTC NMC/AOOM Vi- it; ,T|»r. . * • !I. t:•• HCNNIPXN COUNTY PROPERTY INFORHAHOM SYSTEM ;v PROPERTY OMCRS UST:■? '<..• •t REPORT NO. PX4S8MI PAGt •4 • >■- * • * - Vs , I f \•»_ 4,• - ^ > V •r- TOTACtiiTCH ; ij;.'•It**.*'”' * ’•* *'' • 501 00054 J I ••k:’>;■ %*-"■ ,i: 4»>if • . T i* ; i0^ ♦ »* • ‘ ■ -V • -p ; • r f 4 • V TV . ^ » > ••J Z CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEWEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KNOHLEDGE AND BELIEF. Mu) . ■' V , \ F‘-• ?o ■ >r:= . ..?> i ’ • \ ; ■ . . i'rt. ’ r ^• ■ * a • ' >l^ '* • * , • ,# • . . U " .’i •• ‘ t. *. ' • t’- 1 • » • *• f3^T.f-'• « « »*/-» . ‘ • . . . ..» L- ^ 1.1. .■ . ':-' ;.Vibrr »‘ *p / •• ’ . ■ >: 1 % » * ♦ i - . ‘ . • ? % !- i '•A- * * k *. i.V ‘ I* ■. • ■ *• J; * ^ ■. .••• •;■* ifr.iGfwV I yc . :< * • r tCU-0*5 Fft.ij*W-ELLE Fax : 941-30T0 Feb 26 *96 09:36 F02 Land Frank R. Cardaratia \ Suivayor 9051 Flying Cloud Drive Eden Prairie. Minnesota 55347 (612) 941*3031 V26/1996 PgSCRIPTlOM 3. '^v % k Vecat«r1 part of MuiLil SClliL Imdlately adjacent end South of Tracts **B“ and *C** R«X*«S» No* 763^ Hennepin County# Minnesota. -’f w; II '^>5^ > . ♦a 5^fi3fi Kft-. lornmif cotnm; kihiiisqia J?, ■ * -I ^ 'i'.•’*•■■..... ... ^ *.*.. ; V - ■%• :c»m i\./ ^ « % 4.« • • • . n 'h .. ^4.* V I I s •%. ! ■"’TggJ , ".■ ••*'♦•••••-4*» - •iM r. r* om '•. 1 • ^ r • • I* •. • . . . I herein certify that in accordance with the prorieiona of Chapter 508, Minnesota Statutes of 1949 as aaandcxS,-1 have surv^ed the foUowingHieacribed troct'of land in the County of Hennepin and! the State of Minnesott to ult: Begiatered land Suirey No. 722^ flit of Begistrar of Titles',’County'of'Hennepin; and that the survey shown herein is a correc delineation of said survey.. S. Kelley,Reg. No. 1342 KELLBC & KELLEf, ihgi'neera Long lake, Minnesota a t S *• • .* • . *•' a ■ Scalei 1* - 50* Date X my 29» 1958 o : Iron aarker . \ . . I •. • • • l'*,. .-i . w •.* ^ ‘ *4 .* .« . m' • . • : 5* • < . .>1.I* * ® ''*;••• • m y kJ iiv f 561736 OFFICE OF REGISTRAR OF TITLES > HENNEPIN COUNTY MINNESOTA , ) fjf £ / thnbg C»rtifg That the within Repistefed Land Survey No FBBSOfRsgl^ Of Titles, County of Hcsa^' vwifM^ c Kv/C.. MCliUntn WTM__f/:t tua *-,i Q] --------------------------- -; - ‘ L RBISTBUS Ufl);StJRIfH «. 3 ■DWttHl CO^r HUWISaiA iV- . - ■• ■n%-.. V’.. ,t .^.• , » . S. I I . V I herel]/ certify that in .accordance with the proTiaiona of Chapter 508, Minneaota Statutea of 1949 aa amendod|-1 have aurveyed the followlngHleacribed'tract"of land in the County of Hennepin and the State of Hinneaot< to ifit: Regiatered Land Surrey No. 722^ fill of ftegiatrar of Titlea*,'County* of'Hennepin; and that the aunrey ahovn herein is a correc* delineation of aaid aurvey* ’ >fa. S. KeUejj^V ; ■ ••• PeK. No. 1342 ■ .■ r*. KELLEK & KEaEX, IliglnMra Lone lake, Minneaota Soalej 1" - 50* Date s Iby 29, 1958 • : Barker ' .4 I • \ «a« ... J^A' 1 ’ • '•vrirr . 4- iiy ^ 5617^6 OFFICE OF REGISTRAR OF TITLES > HENNEPIN COUNTY MINNESOTA , / Mfftftf CutJft That the within Refristered Land Survey No— FBn Of Regl^ Of Titles, Couaiy (I ii(» rOod to IMS «« TJua/J^ A 0,/^* . j. 0*glnfJt IX)NAijC)'c.~BENiNYHOEF Registar Of Titles 3r-0y-1996 11 :S6AH FROM EOT^STPOO ' ASSOC 612 636 1311 Jt"'’ ' J/ J Bonestroo Rosene vS AnderliK & ^ ■ Associates Engineers & Architects Bofwixroo, Andertllt «nd Associatei. Uic m an Afflrmactva Actton/Cguai Opportunity entpieyar Otto G. tonestfOO. ff. Itobert vir Pofcne. P C * joMpn C Arvjmin. f e. Marvin L SorvaiA P£. RlctMrd C. T^ner. e |. Glenn f Coot. P.€ Thomas C. Noyes. P.C. Robert G. SchunW. P.t Susan M. Eborkh. CPA' • senior consuitanc March 8. 1996 Howard A SanfordL r.C. KOith A COrdorv. P f. Pobert P- Pfefferte. Px fftcnard W Porter. P r David C. Lojtova. P t RObOft C ffusscA Al A Jarry A bourdon. P C Mart A Hanson ri. M<haei T. Pautmann. p E. Trd A fiera P t Thomai A AnatfSOA Al A iemct P PoacnmerteC PE. Oonaid C Purgardt. P J. Thomas A lyfiio, P.B Frederic J. SlcnOorg. P£. ismaei Martmez P K. Micnaei p. Pau. px Thc*mss Peterson, P C. MfChaei C Lynch. PA iamts P. Maiandi P E inny p Penrscn PA 5<ort J Arganet. PA Kcnnetn p. Anoaraan. P A Mart A Pocrs. PA Mart A. soipL PC. Cary W. MorMA PJT Paul JL Cannoa At a Oamaf X fdgertorv PC A. Pick SchmidC. PA Dale A Grow*. PA PhilioJ CasweAPC. Marl. 0. WaUlt. P L Mdes 1 Jensen. PJ. L Phiffio Gravel p c taren u ortamert. P C Cary O. KrtstorfR PJf brian K Gage, Pii r. T>dd PoKpr PL Ktiin p. p L oougiai J Benoit. P t Snawn o. OustarsoA PX CccMo OMviar. PA Kent X wagr>ef. PX Paul A Nruer. PA John P. Oororr. PA Dan O. Boymn. PA* Jeffrey J Ehiere^ger. PA ioiapn IL mwm. p A ue iA Marw p c Charles A pnettort Leo M. Pawe/skv Hartan AA Olfon Agrtet m. emg James P Pngrfhardt Ms. Jeanne A. Mabustb. Building and Zoning Administrator City of Orono Post Office Box 66 Crj’stal Bay. Minnesota 55323 Rc; Northern Avenue Vacation File No. 139-2121 Dear Jeanne, We have reviewed the proposed re-vacation of Northern Avenue and three lot re-subdivision of the property owned by Elaine Slcchta located along the north side of Nonhem Avenue in the southt’a.st quarter of .section 17. We have the following comments in regards to engineering matters. I. Vacation: The proposed rc-vacation and re-subdMslon are acceptable. The existing sanitar>’ sc.\ cr. water main, gas main and roadway to serve this property arc located within the proposed 30 foot casement. Il should be noted that the south half of the existing roadway lies within the Burlington Northern Railroad light-of-wuy. 2. Utilities: The locations of service connections are shown on the atUiched as-builts. The property has adecruatc fire protection proNided by the existing hydrants. Due to the depth of the existing sanitary sewer, basement elevations for any of the three lots should not be below a 951 elevation to allow adequate clearance below the footing and grade on the service pipe. 3, Grading & Drainage: The topography shown on the survey is correct. Depending on the elevation and style of house propo.sed, fill may need to be brought into the site to allow a full basement. The site drains north to a type 3 wetland area identified on the City’s wetland inventory. Erosion control measures should be inplace during construction to protect the wetland. 5. Easements: The proposed 30 foot casement should be described tor both utility and road\vay purposes. Drainage and utility easements should be provided 5 feet wide along all interior lot lines and 10 t'cet wide along the new roadway casement. A drainage easement should be presided across the wetland area. Please contact me at this office if you liave any questions regarding this matter. Yours very truly, BONESTROO, ROSENE. ANLERLIK & ASSOCIATES, INC. 2335 West Highway 36 • St. Paul, MIM 55113 • 612-636*4600 TOPOGRAPHIC, SURVBf FOR: Elaine Slechta Frank R. Cardarbiie \ Survey: 9051 Flying Cloud Olive Eden Prairie, Minnesota 55347 (612) 941-3031 3720 Togo Rd. ‘ l iWayxata, MN 55391 rc,.'‘ “> ' Sa Scale ^ "sfin •Revisions Date pate 9/7/100*; Df’n PRC Ckid Job No. i . . • i *vu.:r; ‘> Vr- Vv • ‘ ■^: • I iI•t C R. DOC NO.E 3t^-» ■••A • now all persons by these presents that Raymond J. Klosa and Thelma B. Kloss, husband ano wife, owners and proprietors f the following-described property situated in the State of Minnesota and the County of H-'^nnepin, to wit; That part of Lot 10, Block 10, Townsite of Langdon Park, described as follows: Commencing at the northwest comer of said lot; thence South along the Uest line of said lot a distance of 147.5 fact; thence Easterly parallel with the Northerly line of said lot a distance of 98 feet to the point of beginning of the property being described; thence continuing Easterly parallel with said Northerly line to the East line of said lob; thence South along the East line of said lot and its Southerly extension to the Southerly right-of-way line of vacated Northern Avenue; thence Westerly along said Southerly right-of-way line to its intersection with a line drawn South through the point of beginning parallel with the West line of said lot; thence North to the point of beginning, ave caused the same to be surveyed and platted as SODTHVIBW BSTATSS , and do hereby donate and dedicate to the 'ublic for public use forever the avenue, and tho drainage and utility easements as shown on this plat. n witness whereof said Raymond J. Kloss and Thelma B. Kloas, husband and wife, have hereunto set their hands this Ulj^dayof . 1983 . Raymond i. Thelma S. JQ.oss Itate of Minnesota) a bounty of Hennepin) The foregoir.g Instrument was acknowledged before ma this 1*^ ** day of D/\ ff_____, 198 9 » :fy Raymond J. Kloss and Thelma E. Kloss, hxisband and wife. Notary Public, Hennepin Countj^ Minnesota rt>' conmisoion expires \ - \ I ^ ••• ^ .>r«”;V*e60LAi licifT2SrC or TBE^Otoio COWCIL, JASCAIY 10. 1913 ► .. . . ^ ' Aflal.^lstrator itatmsth reviewed with the councilfACB-S** *the subdivision application.. vjrt .i*. '.v-. U. i: . ..' V Mayor Butler ooved. CounciIneober Adaos seconded'jsapprove the prellolnary subdivision of Mr«'•, H-C -i- V .V'.. ;'fU ■ - - - - - - - -- ^ -- - - - -" ^ ‘ .'i.:' • .• •• •• • ;•: ■ #.« - >»• T%fil » ^ Bayoond noss at 3775 Togo Road subject to'the conditions set by the Planning Cooailaalon stated .;'’-, as follows: 1. Dedication of right of way for Rofthern Avenue — masloua width of 10*. • ; ;■> •> . . . . . . . . . . . . . 2. iiedlcatlon of utility easeoent for water line ...% ;; that Intersects tho Kloas property. ^ 3. Approval of one additional water unit to thf. " ’4 property. 4, Payment of Park *■ education fee In the amount of S893-two lots at $4^.0. each. Motion, Ayea (5) - Nays (01. 1712 JAMBS R. HARTtELL 29B7 Casco Point .Toad Prelioinary Subdivision ^ • , n .a# \ • * • * •* mm ■ -l • -i ■ ^ •» • • ^ ^^ ,i • *4 . t .f. i.; . • *9 \ . ■• :■ • •• » ...- •• ••., S * 1* ,-■»• *, '-a^ Zoning Administrator Mabusth rev lowed';;jthls^:^^^^B application with the Council. ' /i-.r' -'i- Mayor . Butler moved, Councllmenber ^HamMsrslTSK:® seconded to approve the three~lot plat of JaMos*. Harttell finding that all lots meet the standards of the LR-IC zonlnn district and to approve .the ^ ^ .ex^ting^hardcovei. ar iance of 9% on Lbt 1 created;^ ibyJStthoWtsnnlsjco'.v/'- : to further advise.any;j*^ w; jfutiure'dwner'^raat.'f built oni,no«. vi '^^ VarAanceJtoithetatandatdsbiJthe^-10.zona will be i>rpppevediand Iwould :,i nvol vey emoval^feEwttieijteBn is "court^^;Sueh'appcoval,lSj8bt^ee^^^^t^CoF***^*^ _ -% < #• iMrvl vSiftpi srxj £ ^(T r ......3. Dedication of additional right of way • forV J^J Casco Point Road. 4. Lot 1 is not riparian to Lake Minnetonka and tho City will not approve any private easements granting riparian access to Lot 1. '. ■"iil Motion, Ayes (5) - Nays (0). :c. S- . . * f* • ‘ • L* *■ *r.*; “*• ■iT’ . • ■ • * . *v.* r-'''" e,«9' « ^ H ,• . _#• <»•...•• V *y' * • i r ■• • - ‘a * • • _ _ _ _• * * .j- - - - - - - - - ' -..■.V. FRANK R. CARDARELLE (612)941*3031 Land Surveyor Eden Prairie, MN 55344 CettititaiU 1 •I D^acrlntton! Tract ”B'' nnd "C” R.L.S. No. Ifand th» South 7/^ of th»* W^st 'S/A of Lot 9 In Block 10, Townslto of Lanndon Park. Contain!nq 7 acr^s, more or loss, Honnopln County, Minnesota. This plan, specificatinn or rnnort was prepared by me or under my direct supervision, end that I am a duly Renintered Land surveyor In the State of Minnesota. Sianed this (inly R< /day of Iic% r‘ '■H t li bV. . UJ FRANK R. CARDARELLE (612) 941-3031 Land Surveyor . Eden Prairie. MN 55344 Survey For «LAii«g slbcmta 3?aO Togo Rd. Har*ata, MN 35391 Book V.7 Page_z5_ File. Duacrlptlofi! Tract "B’* and R.L.S. No. 763 and th- South 7/3 of tha Hast 3/4 of Lot 9 In Bloclc 10, Tovnalta of Lanqdon Park. Contalnlnq ? acras, mora or lass, Hannapln County, Minnesota. This plan, specifIcatloh or ranort was prepared by me or under my direct supervision, and that I am a duly Reolstared Lar^ Surveyor in the State of Minnesota. Sioned this / of a. 1996, Frank R/Cardareli^ State Req. No. 6508 #2 =1 o 1 t TO: DATE: Chair Peterson and Orono Planning Commission Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator March 11, 1996 SUBJECT: #2063 Gerald and Candace Rowlette, 3775 Bayside Road - Variance - Continuation of Public Hearing Status of Application At applicants' request, the variance application was tabled by the Planning Commission at the September 18,1995. The application was to be tabled until applicants requested rescheduling before the Planning Commission. The Planning Commission Action Notice of September 25,1995 advised of applicants concerns regarding drainage issues and problems dealing with their residential property. John Gerhardson and Jeanne Mabusth met with the applicants to discuss these concerns. Applicants advised that since the installation of Landmark Drive their property has received more intense runoff at greater velocities from the properties to the north. They are concerned that if City requires the removal of the landscape areas with plastic underliners within their street yard that lower level of their residence would be flooded. They noted observing heavy drainage collecting now at the northwest comer of the residence where they had never observed drainage retention before. Staff advised that they would be in contact with Hennepin County DOT to discuss the problems and to determine what improvements could be done on either applicants’ property or County right-of-way to reduce flooding hazard. Dave Zetterstrom of Hennepin County Department of Transportation has inspected the property and advised on Monday, March 11th, that drainage was staying on the north side of the property and draining either to the east or the west along the north side of Bayside. He noted that the center line of the County Road was dry but also noted that in heav>- rainfalls that some drainage could possibly flow over the roadway onto applicants' property. He recommended that a 1’ high berm could be installed within the area of the County ri^t-of-way as a means to direct runoff to the west and east on the south side of County Road. Applicants may also consider installing a blacktop lip or curb within the paved driveway. Members are asked to review the enclosed packet prepared by staff for the September 18, 1995 meeting. Applicants’ lake side deck has deteriorated and must be replaced. The deck will be replaced within the same footprint as the existing deck. The original deck received variance approval in 1976. In a 1988 variance review, applicants were required to remove approximately 6’x20' of grade level patio to the lake side of the residence in exchange for the City’s granting hardcover and street setback variance for a sunroom addition at the north side of the residence. This removal has been completed. Zoning File #2063 March 11, 1996 Page 2 Applicants have not provided an addendum to application regarding their concern with being asked to remove plastic underliners beneath landscape areas. Mr. and Mrs. Rowlette will relate their concerns at your meeting. In order to allow the replacement of the deck, Planning Commission members must address the need to grant a lakeshore setback variance and hardcover variance within the 0-75' setback zone and to determine what specific hardcover removals are to be requested, if any, of applicant as a condition of this jq)proval, refer to staff memo of September 7, 1995. Options of Action 1.To approve deck replacement with hardcover removals - Planning Commission members to specify. To approve replacement with no hardcover removals. 3.To deny replacement of deck as proposed and recommend reductions in deck area proposed at 423 s.f. 4.Other. Any recommendation for approval must include notice to the applicants that if land alterations (!' high bem) are proposed within the County right-of-way that permits must be first obtained from Hennepin County Department of Transportation. i To:Chair Steve Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator Date:September 7, 1995 Subject:#2063 Gerald and Candace Rowlette, 3775 Baysidc Road - Variance - Public Hearing Zoning District: Application: Request for hardcover and setback variances to reconstruct existing deck within 0-75’ setback zone Pertinent Code Sections 1. Section 10.22. Subd. 1/Section 10.55, Subd. 8/Scction 10.56. Subd. 16 (C) - Required lakeshore setback = 75’. 2. Section 10.22, SuM. 2/Section 10.56, SuM. 16 (U - No hardcover allowed in 0-75 setback zone. List of Exhibits A - B - C - D - E - F - G - H - Application Plat Map Property Owners’ List Survey 1976 Deck Plans Hardcover Calculations Resolution #2492 (1988 Approval) 1976 Approvals Pertinent Facts 1. 2. Existing deck is located 58’ from the shoreline at its closest point Existing deck was constructed as part of an addition to the house in 1976 pursuant to variance approval (see 1976 construction plan). 3. 4. Deck was constructed at a 10’ rather than 11’ 9" depth shown on the plans. The deck is deteriorating and needs to be replaced. Applicant proposes to replace the deck in kind. i 4 Zoning File #2063 September 7, 1995 Page 2 5.Hardcover in the 0-75* zone is 4.0%, comprised as follows: House 434 s.f. Deck 423 s.f. Patio 170 s.f. Rock beds with plastic 107 s.f. Retaining wall 8 s.f. l,142.s.f. (4.04%) 6.Hardcover in the 75-250 ’ zone is 31.1%, of which 7.8% is landscape beds with plastic or fabric. 7.Applicants received a variance in 1988 to construct a small sunroom on the street side of the house. That approval required removal of a 146 s.f. portion of the concrete patio on the lakeside of the house. That portion was removed. Discussion The existing deck was constructed almost twenty years ago per previous City approvals, and applicants propose to replace it in kind. It was noted during the 1988 variance approval that applicants had never removed the 20’ x 20’ concrete slab at the walkout level, which they had agreed to in 1976. As part of the 1988 variance, applicants were required to remove the southerly one-third of that slab, but were allowed to keep the remaining 14’ x 20’ due to an ice build up problem in that area (see documentation from 1988 and 1976 variances). Per City policy as recently reiterated by the City Council, excessive hardcover contained in plastic or fabric-lined landscape beds should not be considered in variance applications. Council ’s intent is that applicants be required to remove such excesses as a matter of course. Therefore, the rock and plastic in the 0-75’ zone (adjacent to the west end of the house and in a small pan of the free-standing rock bed west of the house) should be removed. Although no work is proposed in the 75-250 ’ zone, arguably that rock and plastic should also be removed. There may be justification to not remove the rock and plastic adjacent to the house where it serves a drainage purpose, but the free-standing rock beds (punions of which are not included in the calculations because they are in the right-of-way) could be made non-hardcover. Issues for Consideration 1. Should additional portions of the concrete patio be removed? 2. What portion of the rock and plastic on the property should be removed? i > •i Zoning FUe #2063 September 7, 1995 Page 3 3. Does Planning Commission have any concerns regarding in kind replacement of the existing deck ("in kind" is intended to mean replacing it in its existing footprint and configuration)? 4. Any other issues? Options for Action 1. Approve deck replacement with certain hardcover removals (specify them)1 2. Approve replacement with no hardcover removal conditions 3.Table. 4. Deny. 5. Other. Isv i CITY OF ORONO - VARIANCE APPLICATION 7 iP: laiiial Application Fee $200.00 ($50.00 per each additional variance) Renewal Variance Fee S 100.00 (no change from original application) Variance for non-conforming structures 5200.W Aftcr-the-Fact Fees (Double application fee) O A A AO - ; 7T '.A t/f • w ruC* 11.' • « ■wTrv’•w.n OWTSXR (if different than applicant) Name-------------------------------- Phone(home) Phone (work)_ Address:City:Zip: DESCRIFTION OF REQUEST ^ ^ _Esti^.^C «oaCos.S.^:^l^g^ Describe request indetail:-------- — (attach additional sheets if necessary) VARIANCES required Lot Area _ Setback: ___Lot Width Front __Side Hardcover Rear Lot Coverage i. Average Lakeshore Other (specify) compliance with Zoning Code requirements: (attach additional sheets if necessary) • i ■ I i lllf REQUIRED SUB><irrTALS All of the following informarion must be submjggd bYthfea] for v«Mir aDP^igation to considered completgi 1. 2. 3. 4. 5. 6. 7. 8. 9. Ust of owners within 150’ (you must obum to list from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). calculations as required. In addition, provide one (1) copy SA x 11 for Top^pUc survey (existing and proposed elevations) if any c^ges S”**® areVotS^d- '■> addition, provide one (1) copy 8'V x ll" Sketches or plans of floor & elevation views (provide one (1) copy 8 x 1 ). Ust of the tegal names (include marital status) of aU persons with an interest in the 0 ooerty Tlds would include name(s) of applicant(s) if not current owner(s). L M^dendum to this application, please attach a separate list of any ■'ther persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner varianrp anpliratioii is not compli»te if the above information has npt been mglwflgo. ThT^ppl^ tefeby^ag^^ provide all information required or requested by the Zomng AHmin^trator agrees to pay additional fees (staff time not covered by original fee payment) in review of to application and certifies that the information supplied is true and correct WJh^st of his/her knowledge. Applicant’s Signamre a ^^Sr\«Sy tdk^edges and agrees to this application and further entry onto the property by City staff, consultants, agents. Commission members, and CouncU members for purposes of investigation and verification of this request. Owner’s Signature Date Aonlicant must have all submittals into the City offices 25 days before the Planning Commission chEiigc prior to the iiieetiiig. 8 54^ 14 V?*?5*4'-» § 1 gy ■ ^ \j '- ‘•’3^—mu iTtrs (11) »r7.^.k o 7 Z €(?0) N60*44*irt 141.5 I) s '4'*»9S‘ »i2I Wt 4 1' ’3C. ?9 i M (37) 4- V : yr OUTLOT a 5*0^ >^<’. s 6i (7) ?S3 7 157.2 no?; I ^* ^ ( 105) iCi*14 ■ i: ) 57^0? • I 1 :m ?? • 5^' f55 (.j) J ■S ir i : 3 V j:is O'S?’ Iiz / riS4 * •'■»■ so / 5 V 5?i,e5 (39)9' 5E / 6 .'■ *-r> 516.05 ' >z I 67 / (■><)' « 514 rr Zi I s' 66 1 510.48 1 V 1 •S Te /n;p )I / 9' €0 /7j^ y // 56 / »4f C3 ( I IQ) ? 14 no) 2 > 15 V.; .-3 ■'.(115) » I (36) IT if ;4 (116) fcCRlM toio'i (112) 4 63. e ( 19) 12 445.74 51\JBB5 r#; V mm date 07/ia/«O : V MTCM SOS ' i •- ■ i-. .I «c%. rt ft --i, •■ n'.tu »'. I • I L i,->V '* V*-*- • K ■ . V ■ vv?: . OHNED NME TAXDAYED NAME/AODR i S-- • . « ( ■;• • • *•■•■ . •■ ' PROP ADOR . OMCR NAMf . TAXPAYER ' <NAHE/AIMM j lir. ' .- * S8 05-1X7-ES 21 0005 0S7M MYSIDE RO 0 J PARR HGKS IMC D J PARR NONES INC 1140S 50TH PL N PLYHOUTH m 55A42 iS 05-117-2S ZS OOSA OOOSa ADDRESS UNASSXGNED LANDHARK DR NOMEGNNERS ASSOC LANDHARK DR HONEONCRS ASSOC C/0 LEE C NARREN 175 LANONAIDC DR LONO LAKE NN 55354 HENNEPIN COUNTY PROPERTY INPORHATIQN SYSTEM PROPERTY OMSRS LIST35 05-117-23 21 0020 •03750 5AYSI0E RO JOHN ft MARY JANE BUROER CHRISTINE ft SARY VALERIUS 3750 DAYSIDE RO QNO LAKE MN 55354 35 05-117-23 23 0037 00255 LANDMARK DR HARR L ft KARENA S CASEY HARK L ft KARENA S CASEY 4320 ENCHANHO DR HOUND HN 55344 r ADOR OltCR NAME TAXPAYER NAME/AODR J V fi./V • ‘} PROP AMR OMNER NAME r Xi • TAXPAYER v:,;^;.;hame/aoor - r;; 'M- d .. •< •- PROP AOOR 4".’ OM«R NAME • TAXPAYER •V.; NAME/AMR O'T ■c!f • r*.V : ,1.. > c . • ’ t ■ ii^ A'PROP AOOR . . OMNER NAME TAXPAYER .. • , {'NAME/AODR•A\.\^name so 0S-117>2S 24 0100 OOOSO AMRESS UNASSIGNEO SAC 6AR0INER STEVE CAROINER S770 OAYSIDE RO UNO LAKE m 65S5A SO 05-117-2S 24 0103 OOOSO ADDRESS UNASSIGNEO SAC CAROINER STEVE GARDINER S770 OAYSIOE RO LONO LAKE MN SSS54 SO 05-117-23 24 0112 OOOSO ADDRESS UNASSIGNEO HENNEPIN PORFEITEO LAND KNNEPIN FORFEITED LAND 1 ■ . SO 05-117-23 24 0119 00030 ADDRESS PENDING JOttI A MARY JANE 0UR6ER CHRISTINE A GARY VA'.ERIUS S7S0 OAYSIDE RO LONG LAKE (04 55356 30 05-117-23 24 0101 > , . 03770 OAYSIDE Eo f SAC GARDINER STEVE GAMINER 3770 DAYSIDE RO > LONO LAKE (01 55354 30 05-117-23 24 0105 00030 ADDRESS UNASSIGNEO HEfOAEPIN FORFEITED LAND CITY OF ORONO CRAZNAGE A CONSERVATION 5-10-90 ST DEED 0173541 •t . » ; ij. - I •V. *•» s r• • I *v Kr* • ?•**. J DA , » * . *r • P •* ‘ i * 35 05-117-23 24 0115 00C35 ADDRESS UNASSIOCD HENNEPIN FORFEITED LAND CITY OP ORONO PAIOC 4/13/74 ST DEED 154751 TOTAL BATCH 503 00014 I f f / . •• I . • . *•/ . REPORT NO. PX43540I ^ ^PACE35 05-117-23 23 0035 00035 ADDRESS UNASSIGNEO DIANE EVANS ET AL HARK ft CARENA CASEY 255 LANDHARK DR ORONO ftl 55354 35 05-117-23 24 0052 00035 ADDRESS UNASSIOCO DANIEL P CAHILL MRS DANIEL CAHILL 224 N 5TH ST DELAVAN HI 53115 35 05-117-23 24 0102 00035 ADDRESS UNASSIGNEO S ft C GARDINER STEVE GARDINER 3770 DAYSIDE RO LONO LAKE m 55354 35 05-117-23 24 0111 03775 DAYSIDE RO G R ft CE RONLETTE GERALD L RONLETTE 3775 DAYSIDE RO LONG LAKE MN 55354 38 05-1I7-C3 24 0114 00038 ADDRESS UNASSXGNED HENI€P1K FORPEITEO LAND CITY OP ORONO CONVEYED 2/6/62 ST DEED 141146 v‘ 9-r-F* *9 (’ r.r» * f • i > ^ 4| ,. ^ i* • •*». ■ .V. • '• :•* / / : • • /••ir.11'. ii n » 5 ^ ■ ■' '. •„. .'|,---------------i • i4'0 * ItM *<ss < I I4 * •* • •• • • ♦ m ♦ • . • i • V •• • ? •—. • * lyTir:Vl ;!i ! 1 ’• ’ •t! ;I nr. : I • I 7-W *i2sri|,. 1 • i • I I I r* uijAA,L7 rniTL^^ 9T>lC7 ■ - •» f»M(4.R.W kill V ^ * V* ^ »■» O i. .•) © • •• • |jA»T ■■■BYnTinn • — __: fj^r • .- * ^ • «f .# ■*' miiiHi • A, . ■•;•>;-" f* nnii niiiiil I Uipvl ______ I__•^r-'n MT I *. 'I « «i‘-.r A'v > i ; V ;# *• ! HrH acd \T!j?h • ‘ i _«6 utm ■^■VATiniM A • ■•.'. f • • ?•I ♦*: : ■ • ■ •* f - .* • * ?: :WOWTH ■LKVATIPM K.; rj^T - © I* • 1 I ■t-«%/A-rioi.j • * • .. • m4b « •tim • «• • • • • • • •• •• • t •• • . • > '»♦* Hci^ v-*pi4(. (r^oci<rcp Of* «UMqior^ <su . \HpuiKpoH -^U-cTTU^f^ , Vif r MF« HtK^T ‘ f > iH pic ^tc .d MrC ?- • ^\xe ¥ 6r»* 1 *r«i _4•set Hi2irv T® ’ ,W^T Wea^AFT* E*»n«rau.ss ^atAr^a V4Tct?v "rihppri* CiUZt iUu Hck» *^/ W-PwCEP VrSuU4^-pf-6| IXrjTf rcp cx.4^ # < • ■'•t * *. • > ' \ •r. * •1 1 rri"!’ !111 r 1' • ' • “1 . 1 V. ■ ; iii » *• t • •*’ 4T * * • ' w »***•* ^ j, • ■ » • < ..; V ‘ . i - ' ' 1 •ffT«• i;: f . i 1 • : • ♦ • 1 ' * ' ! • •• • . • J • 1• • V*/Vf» H p-**h |Vs‘>^Xttr^ i ^rrwiep ^^v-JecfL,M*'f f^tPB. ^ hxJL a<5>ir*T^ »17T I”•> • #« I WT ■LBVATiOM Ti*t1 M.W Fir* HKt rrWJ H/ ^.'• i»& c*p*F. fu»?^ l^truvs c%\-^ • 1 % 4H tr i •« iir' 'i »T »•»* .> A VoyuiSvrB hardcover CALCULA*IM(1iN * SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVfy ZONE A. House Leagdi A X Wkilil • ftiP R^P __ X DOCK. B. Garage C. Driveway II X S^.<h X a • • • X ••■V . ..M • •• *•«••■ FWl*. •• • X • • •* D. Sidewalk • •• • • X • • • « X . .. ..*•*.••• E. Pacio/Deck » -• • X ............................... X F. Landscape Underlain By Plastic. Or Fabric VuooO • X • X X iB • X mk TOTAL HARDCOVER IN ZONE TOTAL FROFER^ area IN ZONE^ PROPOSED HARDCOVER IN ZONE A. House _ _ _ _ _ ' Ltagih Widlh X X • X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Ftbrie ( i2.3l )■ s.F.€)(cu4Hp S.F. X X X G. Other TOTAL H^T d COVER IN ZONE total property area in zone • A. - . » • ----------- ® ----- ^ . .................. •«•••• IV**., •vatvf ♦ I • • ■i .S.F. i > * ■i • . • •• S.F. r*S.F. I * I M •M S.F. M * • • % 'S.F. 423-S.F. .!170 S.F. • \07 •“S.F. S.F. SI S.F. e ...S.F. • • • «//•T2' tS.7So± S.F. -S.F. m 4. #4 % • •% • • • • ■ • •• S.F. • • • • K S.F.. •S.F. •i S.F. •S.F. • • • * S.F. S.F. • ••% • 0 • * S.F. *1 S.F. S.F. a 1 S.F. ■* - • ^S.F. 's.F. S.F. • S.F. • t • « «*■■<*»* s.F. • ••S.F. . ••• t % . .1 • • • % f ••• • • • • 14- . I • * a B A E •V - 4 flouH^rrS hardcover CALCULiU;^liiiLVVOKlv:>^^^ * SETBACK ZONE: (CIRCLE ONE) 0-75*25-500' A. Houm Lcnfdl Widdl X X X •• • • «»«• •» « t % • B. Ganse C. Driveway -I- I. »• • X X t •• D. sidewall;•X* — X E. Patio/Deck X X F. Laiulscape Underiain By Plastic. Or Fabric X X X G. Other 16 2.6 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 3J27 * . U /<>< 7<£. *'.99. - PROPOSED HARDCOVER IN ZONE A. House ______________ ^ LtagUi Width »• * X X X Be Garage C. Driveway X X D. Sidewalk X X Ee Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X • • • •-• •• • H ^ I • • c. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A :-------- ♦ ® \ . X 100 - • 14 .1 500-1000' UOBsf. S.F. S,F. S.F. S.F. 61^S.F. S.F. 1£S.S.F. S.F. S.F. .S F. S2S S.F. S.F. S.F. 7-^S.F. 3?27 S.F. fO.'JiO Z S.F. S.F. I S.F. S.F. S.F. S.-‘*. S.F. S.F. S.F. S.F. S.F. S.F. •S.F. “ S.F. S.F. S.F. • S«P* " S.F. "" % • • • A D A D 4/ 1 CITY OF ORONO D City of ORONO resolution of the city council NO. _________ A RESOLUTION GRANTING A VARIANCE TO municipal zoning code SECTION 10.23, SOBDIVISIOH 6 (B) AND SECTION 10.22, SUBDIVISION 2 PILE #1314 WHEREAS, Gerald ‘ ’'3“ t^STTs'BlyViTe^Roadtu City °'^her%Vnaf«rand legally deacribed as follows: Exhibit A, a-.tached (hereinafter "the property"): and WHEREAS, the applicants vTsi^on 6^^B) to permit the to Municipal Zoning Code Section 10.23^ e^ing residence, to be located construction of a gunroom addition to th^ street %rd setback is normally 19' from the street lot line section 10.22, Subdivision 2 to allow required, and a variance to tv where a significant portion additional structural q-75^' l^keshore setback zone where no of existing hardcover is in the o hardcover is norm.ally allowed. Minnesota: BOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1314. i. The property is located in the LR-IA Single Family Lalceshore Residential Zoning District. the following findings: merely fill in an existing indentation in the house. ^irdco^er"!* b"y‘’"d”oratile'’”och ”Ud rith'° p\Vs“t\V"sh«ting underneath. =Ue-t%rtir=\"ar\™o/\'he'ne^^ TorMll ll^T.lrolcl upon any neighboring views of the lake. Page 1 of 4 rr«2fi?22r-^- . --*r—Vn—4:---Tf-r- t' CITY / QF' a^RONO'1 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2492_ _ _ _ D) The apFlicants were granted a variance in 1976 to construct major additions to the house, which were approved at that time conditioned upon removal of a 20'x20' concrete patio on the lake- shore side of the house. That patio has never been removed. The applicants' hardship in needing that patio or a portion of it relates to ice build-up and winter access to the house in conjunction with his existing wooden deck. The existing concrete slab is in three separate units, and the southerly portion can easilv be removed without causing damage to the remaining portion. This will result in a 146 s.f. reduction in hardcover in the 0-75' zone. E) Although the total hardcover on the property is less square footage than would be allowed within the 75-250' zone, the fact that a significant portion of that hardcover is in the 0-75 zone is ample justification for reduction of 0-75' hardcover, especially in this case where that hardcover was previously required to be removed. 4 The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. 5 The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that grexiting the variance would not adversely affect traffic conditions, lighu, air ncr pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demon strable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS subject to the following conditions: Page 2 of 4 I CITY OF ORONOy City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _______ 1. The applicants Shall re.oj,e the^s^^^^^^^ of bS!ll?nrP«\it for tL sunroom shall be issued until the concrete patio section has been removed. 2. Hardcover on the property is allowed as follows (in 0-75' and 75- 250* zones): 1,509 s.f. 552 s.f. 552 s.f. 263 s.f. 329 s•£• Sun Room Addition - (over existing hardcover) _ _ _ _ _ _ _ _ TOTAL 3,820 S.f. (per Exhibit B, attached) Existing House =» Existing Attached Garage » Existing Driveway = North 2/3 of Existing Patxo * Existing Declc Not Over Patio allowed in the 0-75* la)ceshore setbacic zone. 3. Authorities granted with this «er"sJd'’bywith the applicants, but are permissive on^^^^ must be e^e^ J IIL'cVrlp;"rovn, «"thifvaVance will expire on that date (September 12, 1989). 4 Violation of or non-compliance with any °f, ^ herein, and shall be punishable as a misdemeanor. R The undersigned applicants have read, understood and ®^5f® In the terms “/this resolution and on behalf of themselves, their heirs! !“«ssors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of September, 1988. i t I I CITY OF ORONO:> City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2492__________ STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) day of 198j^ ? - -i^T;>T>^Pubi£c wiAin and said county, personallybefore me & Notary Public , known to me to be appeared Q L Q^ IT-appeared ,•** A.eri^d 'in and\^ executed the foregoing iS«runen?r eid acknowledged that he (they) executed the same as his (their) free act and deed. ..>-‘NN C:iv£ •. £) ?tT-RS0N vsV^’‘“^ no:a.- ' •: • \esoia .MY ■tm STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this ^ V of » 198_r before me rN^Vpuhlic within a?d *or^Sra^rpTrson.X-Xy^ appeared P-onU, deseed te^llT^iVnoTrVi^t. t"han:‘’TtreV. execu^ted tL same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 i I m i (. , C/Vitr2IT _A u Cortiricot>o of Survoy: I hero by oortlfy thnt t»d8 Is n tn;.» und eoiTOet i^proaentfitlon of .*i nurvev of iho l>onn>Urlna of (A) U.ta 5, 6, 7, 8, 13, U, 1^, 19, 20, 21, 22, 23, und 24, Ottoville on LaWi I'.lnnotouku, KXCil"^‘ tlwt .art i;f 3-.ld l/Jt« Vj, U, 19, 21, sn«i 22 lying Sonlh«»rly of n lln« dniwr. jmnillcl wltJ> und 30 fu-at borthosuturly, rxi'isurod nt rlpbt. itniylor, fron a lir«* hoj*'5tn<i. toi* ro^cvrud to iio ... . 'Idno B", anld "Lino l<nin. rlai'crlNKl at oolii-uu: CoMf^MicInf ut tho Lorihvost cornor of tho tk-utlonbt quirtar of th« llortKweat rjuarlor of Jiuc- ilcn 5, Toynshln 117 Itorth, h.nnro 23 .*:at of tl:o Sth .‘rlncloul JVirlrtlun; thonoo S(M«th ftlonf the VJost lino of suld :JotjUu.ast qturtor of tho i:orUiU«jat »n»rt..T a dl itnnce of 234 foatj «"-*nco doflfictlnR 4H donrcca n dictuncu of 90 ‘cot. to tho i«lnt of liorlnnlnc of aolit “Uno ii"; Ih.mro Ooflootln,; loft 83 doitroM to tho ooutb* orly ojctonalon of tho Boat lino of sold liOt 13, and sold "Uno R" ttioro eiwlndt (rt Ihot sort of lok. Viow A»nm« ’.nd lolco Stroot oa dodlootod on tho olot of < tto'-nia on Lnko foUo«. Coa«,nclnc at th. Iorth«,.ot comer of the forthaost cmrtor cf Soclloo 3, Tcunsl.1 >117 ■'"gg ’” ib- ^th Princiiftl Kerldlun- thence :iouth nlonr the E*»at Uno of Uoiid *:orlhwot;t quarter a dlstiirce of U'«.28 foot; Uionca ^iae^tlny len64 ^ rtiruJee of U3.'2 fe.t tc tho -iclnt cf l-erlmlnr of a line horolnnftor rofor^d to as •Line A"; thence dofloctlnn rlt.ht 180 dofrrec.a alonr cald "Lino A" m cUrt-nco of 100 leot; thcnrc curve to tho left halving a redlut of 5C0 foet und central onp.lo of 22 dei^os 30 n^lnutea u wdliia Westerly Ungent tc sold curve a diab.nco of 802/. feet; thonco nlonf u tongcnUnl curve to iho loft lievlng a 300 rJt and central an^le of 45 dogreco a distance of 235.<=.2 foet; thonce ^utl.weatorly tonper.t * point on the West line of tho South-a.st runrter of anid Norti.wo.et quarter of ^^ction «id ondinp poln*. bolnr the r-olnl of hu.:ln,.lnr of Uie frot.crty bcin,r doscrii^d; ^^ence NnrtheaatorV HinnoUnku; thonco Louthorly nloiiK nld Northerl.v extonolon to tho .Stutherly line of acid westerly alonf »«ld .'ioutiorly lino cf b.ke Vlou Avenue tx) the Laat. line of sj.1 ! Uka utroot; thonco oouth line of Lake Street to its Inieraccticn with a line drawn parallel with and 30 foet Northeasterly, measured at right engiaa, from a Uno horoln.ftor referred to ns "Line B", said "Lino ?j" i«ing .leacrlbed as Vo IIouh : Wo a t line- CoiBDCncimt at ti»o Northwest corner cf said Southeast quarter of tho l.ortJiuost quartor; thonco • of snid Southeast quarter of t»»o liortliuest q»iart«r a dlstunce of 234 leet; tkonce iofloctlnr llr^of Uko of 90 foot to ti« point of tor-inning of snid "Lino B"; thenro doflocting left 83 docrooa to said Ust line ot Uko St8rQCit.| find snl'i **Linu J** th-ro ondlni{| ^ i H..4- unrw /%r iVn Snnilie^nnt. nuart^rr of Uio HortK* jirtt rio:;rw r.Vt‘u» lylng^Kortherly of a line 33 feet Southurly of, monsurod at right angles to nnd pamllol wito, said Li e , (C) That nart of tho Mortheaet quarter of tho Southwest quarter of tho Northwest quarter of IjocUon 5. Tbunahlp 117 Worth, HTnoa of the 5th l^lnclail Hortdian. lying Southeasterly of a line horolnafter referred to as A" and Horth- or i tlo^nofW lo ‘.Xil 9". "Uno A* -Uno n- talne f “f *5“u»r:^?dC'~W 4“lit ZZ ihi 4?SrofS°4XVr saw -°uT.°b4 th«,« aoflootln, left 83 8oe«.. f «»- ISfOo^ XdnO| Olid Ottid ®*Lilno B** LHojro crK»‘in£^i in i i4i 'in iMA&tirodEXCEPT tiiat part tltoraof lying Soutnu«8torly-0f_a line drawn pumllul with and 30 feet Horthoaatoriy, »" aiii'leo,*. from said "Line B", subject to an existing easoaont-rcr __ t t • *% • . ,;.|W Is ♦ f# •I £ I i: •«•• • • =» 5 r f* V) -f - * , > ^itA ■Wj J t* %.nr *#4U>-'n6 I TO: ROM: mTB: SUBJECT: w. R. Pmnon H. F. ^%ihich 1 05 M«reh 25, 1976 RichsnJ Fowlette - 3775 Bwyside Rwid ^ Vjirisnce • Lakeshore aid Street Setbacx Vs w encwadwent >«•« ju^t resolved in 197S thni t retrrtivewent ot t»e Street. %• * T.w location of the existine (bfellint does not ecnfoiw to the street ^ wirtnm' ‘SSTrf »Tft: W-. ^iette U »o.:wqo«tlii* «H«<« ttm ttl» »«t- »«»«¥?>>*•?!«>* S.Sl*^’*i2LU ’SSS-«S JST fnsi the likes*^re and 20 ft. frow the street oropertv line* constTtiction wd 400 so. ft. for the oroposed addition for a total o sq. ft. of hardcover. 2;cover and relate sawe *dth a larger open redfood deck If Jie setback variances are approved. 2:,rss:ck's;ad ‘Thad'mS: s ."«*** crease of hardcover of 200 sq. ft. PUWflNR OWISSIW ^^^^rr^•G • April S. 1976 The Ooamissien recomended to the CowKil wpiovtl of t)» setback request conditional unon reiwval of the 20 x 20 inn mm rfreplaced^ a non.pervicnjs tvne dec;: because the City would fsin a 200 sq. ft. ill hardcover. OXffiaL ICEnWC - April 12. 1976 The Gbmcil concurred with the PlaminK Cbanission • Approved I i K«lI E.^1 IV! 4 f \ KIMIT rtt STATt m____ /V. C^ 00 ZONINQ OWmiCT rwi tONf AOONfOATC FLOON ANf A FtOOH AlltA HATIO !?•«. Mi.1 ■' * V vs^ *r '• ^ I ••. • ^{‘y.F.rff: .•;{ • V2S^ ► . .7 MATtmM, AUt WITH OmmCT PAMMO r tmonwPA • »<tOPsmucTu»i fM»*#tl OMN tSL It. COWPtlTOiOATf 14 rm OA CCMTHUCTION TAAO f NO or STONfCS 11 mOTf NTT OlMf NSION8 If. rHOrCNTY ANCA lo. rr If NCAN TANO 10 fpIMATIO COST 11 wo. OF r AfilUCl CN A»»l»<iAWt $nmm NWAL. ACKNOWLEDGEMENT AND SIGNATURE: Th# undoftigotd htrtfey rtprottfits i^on oM of Itio ponoltiot of Im, for fit purpoto of indfeio9 tti# VILLAGE OF OflONO fo toko fit tdioo htrtifi n^uoftod, Ihot oil ttottfnon^ htrtio oro tryo &nd Eiot oil work horoin monlionod will bo dooo ifi occordooct with •it ordinonco of tN VILLAGE OF OflOfiO, tho Staff of Minntfota# ond niltofo of tho Buildifip Otpofimtfit. CtNTiriCATt or OCCUTANCT OATI CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2063 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 25, 1995 TO:Gerald and Candace Rowlette 3775 Baysidc Road Long Lake, MN 55356 type OF APPLICATION: Variances DATE OF MEETING: 09/18/95 VOTE: 5 FOR 0 AGAINST 1 abstention Planning Commission recommends the following: Tabled for reasons noted below. notes and SPECIAL CONDITIONS: Tabled at applicanfs reque^ Pleaae coatac, Mike Gaffton or John issuM you mentioned, so we can set a time to discuss your concerns. This itemdrainage issues ^ ♦ scheduled on the Planning Commission agenda unUl you request it. In all cases, the application must be continued within 12 months or the City will consider the application as formally withdrawn. 3 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 *. i NOTICE The Planning Commission will continue the public hearing on the matter of reviewing variance application ^063, Gerald and Candace Rowlette, 3775 Bayside Road, on Monday, March 18, 1996 in the Council Chambers at 2780 Kelley Parkway. The original public hearing was scheduled before the Planning Commission at their September 18, 1995 meeting and was tabled at the request of the applicant. All persons wishing to be heard will appear at this meeting. Written coniraents are solicited. Plans are available in the City offices for review, by appointment. City of Orono By: Planning Commission Jeanne A. Mabusth, Building & Zoning Administrator • » - 11 —I n a \1 ‘ To:Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator From:Jeanne A. Mabusth, Building & Zoning Administrator Date:March 14, 1996 Subject:#2107 John O’Sullivan/Erwin Smith, 3340 Shoreline Drive Vacation/Conditional Use Permits/Commercial Site Plan ReviewA^ariances Request by Applicant for further Consideration of the Planning Commission Review of Action of Planning Commission At February 20, 1996 meeting, four members of the Planning Commission were unable to effect a leg^ vote. Two members moved to approve the application as proposed subject to the satisfaction of the City staff that all internal traffic issues were resolved before presenting application to the Council. The two members who denied the motion conceded that the three variances sought by applicant were acceptable as long as the many safety issues and obvious failings of the internal traffic plan were solved. If internal traffic problems could not be addressed effectively, then they would have to recommend denial of the application. Mr. O'Sullivan has submitted a letter requesting rescheduling before the Planning Commission to reconfirm for the entire Planning Commission that internal traffic issues have been resolved to both the County and City staffs satisfaction. List of Exhibits A - B - C - D - E - F - G - H - I - Applicant's Request for Rescheduling Before the Planning Commission Hennepin DOT, Zetterstrom Report, 3/6/96 Bonestroo, Sheldon J. Johnson, Transportation Group Leader, 3/8/96 Bonestroo, Shawn Gustafson Report, 3/13/96 Signage Request Signage Location Map Amended Site Plan Engineering/Detail Site Plan Amended Vacation Plan Brief Review of Application #2107 The application consisted of the partial vacation of Navarre Lane, approval of a conditional use permit for a Class I restaurant, approval of a conditional use permit for motor fuel station, commercial site plan approval and three variances to required standards for commercial development within the B-1 zoning district. The first variance consisted of a structural setback for the car wash proposed at 5' where a 35' setback is required. The second was for a structural coverage variance as property is less than 1.99 acres in area. The applicant seeks 1 Zoning File #2107 March 14, 1996 Page 2 approval of 5.2% structural coverage variance (allowed = 15%, proposed = 20.2%). The final variance consisted of a 7* setback variance for the parking lot adjacent to the residential lot line to the north (church property). A 10' setback is required; applicant proposes a 3' setback. Residents of the Lafayette Ridge neighborhood attended the meeting to support the application. The residents felt that the extensive wetland area adjacent to applicant's east side lot line minimized any impact of the structural setback. Applicant also noted the presence of existing plantings along the west side of the outlot that would also minimize the visual impact of the structure. It was also noted that this was the best location for the car wash as it was the furthest away from residential development. The structural coverage excess would be acceptable as long as internal traffic design could support the uses. The parking lot setback was to be addressed by requiring green areas and plantings along the north side lot line. The major concern for the four members in attendance at the February meeting was the plan for internal traffic and could a plan be developed that would support the multiple uses. Review of Amended Plan In order to address the cross traffic dilemma at the most eastern access to the property, the car wash was moved approximately 10' to the north allowing for a 40' separation from the intersection of the exit lane of the car wash with the oncoming traffic lanes. Appropriate signage would also be required cautioning cars exiting car wash to first stop for cross traffic. At the north or west side of property where we have access lanes leading to the parking area, car wash and restaurant drive-thru window, lanes shall be defined with a roadway centerline, pavement arrows and directional cones. Signage shall also provide clear directional information. Members of the Planning Commission were most concerned with the issue of safety regarding the location of the entrance/exit door from restaurant and proximity to drive-thru window and exit lane. Review Exhibit C, Mr. Johnson's memo notes that as long as the sidewalk is expanded, a protective railing installed and crosswalk hatched with appropriate signage, members concerns should be addressed. His report goes on to state that it is not unusual nor is it unsafe to have a restaurant entrance/exit located in the area in front of the drive-thru pickup window. He notes this situation exists at many drive-thru type restaurants and no particular safety hazard has been noted. He goes on to advise that the sidewalk and protective railing leading to the painted crosswalk will offer a higher degree of safety and is recommended. . i Zoning File #2107 March 14, 1996 Page 3 Gustafron's concern regarding the tightness of the driving aisle between the parking area along the south lot line and the gas pump canopy has been addressed by installing diagonal parking. There has been a reduction in parking stalls proposed now at 49 rather than 53. The Code for the multiple uses requires only 44. All stormwater from the developed site will be directed to a retention pond at the church property to the northeast. No runoff from site will drain directly into the wetland to the east. A build-up of ice at the exit area onto County road was of concern to the Hennepin DOT but applicant's consultant advised that this lane will be heated so there shall be no build-up of ice during the winter months. Review Exhibit B, Hennepin County's current report advises no need for additional right-of- way. Note the City's sidewalk is located within the County right-of-way. The Engineer asks for a 7 easement for pedestrian w^ should County need to expand road at some time in the future. After long and lengthy meetings with applicant and applicant's consultants, the City has agreed that the vacation of Navarre Lane be extended eastward to the intersection of Olive Avenue, refer to Exhibit I. The public hearing for the complete vacation will be held at the April meeting of the Planning Commission. At that time, applicant will be responsible for presenting plans for the retention pond within the church property and vacated right-of-way of Nav^ Lane. As a condition of approval of the vacation, the City shall ask for additional retention area with'-' the pond for any future improvements needing stormwater retention within the Navarre area. The City will also ask for utility and drainage easements over the entire 66' of right-of-way to be vacated. Applicant shall be responsible for obtaining the easements from both the church and the Lafayette Ridge Homeowners Association. The applicants have begun the permitting process with the Minnehaha Creek Watershed District. Review Exhibits E and F. members may remember at the February meeting of the Planning Commission, staff alerted applicant to a possible need for a future signage area variance. Once the vacation is completed, the frontage of the property would be 100 s.f The B-1 Code would allow 100 s.f. of signage. The applicant was asked to review signage needs for the multiple uses and to present signage analysis to determine the e.xtent of the signage area variance to be approved with the current commercial site plan review. Immediate signage needs have been approximated at 273 s.f. The applicant asks for a maximum allowance of signage area at 308 s.f. The following variance is required: Allowed = 100 s.f. Proposed = 308 s.f Variance = 208 s.f. i 4 Ar Zoning File #2107 March 14, 1996 Page 4 The loading area issue was discussed at the February meeting. It was advised that delivery trucks would only enter property during early morning hours before restaurant was open for public use. Delivery trucks would park to the southeast side of building at the exit to the drive-thru lane. Shawn Gustafson has completed an inspection of the wetland area and the east lot liue ot the property. We are satisfied that the car wash structure and any retaining walls installed as a result of the filling along the east lot line will meet the required 26' setback from the designated wetland. Recommendation Planning Commission is asked to reconsider your original recommendation to the Council concerning the comprehensive application for redevelopment of the property located at 3340 Shoreline Drive, involving conditional use permits for a Class I restaurant and motor fuel station, approval of commercial site plan per amended site plan, revised date March 12, 1996, and variances as reviewed above (strucniral setback variance for car wash, parking setback variance for parking lot on west side, structural coverage variance of 5.2%, signage area variance of 208 s.f.). At this point we would recommend conceptual approval of the vacation of Navarre Lane until the public hearing for the expanded vacation is approved. Approval is subject to the following conditions: 1, Applicant to provide survey locating retention pond on church property and vacated right-of-way. Applicant to provide drainage and ponding calculations to support the sizing of pond. The City Engineer to advise applicant of additional storage area sought by City within retention pond. This information to be submitted to the City no later than April 2, 1996 in order to meet the deadline for the vacation public hearing before the Planning Commission. 2. Upon application for a building permit, applicant shall provide the following information for the review of the City Engineer: Plans and specifications for service line connections with as-built plans provided to the City upon completion. The Public Works Department shall consider any potential problems associated with additional cover placed over existing water main. a. Zoning File #2107 March 14, 1996 Page 5 k r , rr -fii 3. 4. 5. 6. b.Grading, drainage and erosion control plan showing existing and proposed contours, building locations, elevations, stormwater pond and erosion control measures to be used during construction. Details should be provided for any retaining walls. Easements should be obtained if any grading is done outside of the property limits. Plan should include detail on the pond outlet and stormwater retention pond. Drainage and ponding calculations must be provided. A building permit cannot be issued until the Minnehaha Creek Watershed District has completed its review. All property owners to receive benefit of vacated right-of-way to grant utility' and drainage easements over entire 66* wide right-of-way of Navarre Lane. A T easement for trail purposes shall be granted by applicant over soutli lot line that runs along shoreline drive. The parking lot shall be paved with concrete curb and gutter. Driving lanes within parking lot shall have a nine-ton pavement section for trucks. A geotechnical evaluation of the soils shall be done in conjunction with the pavement design. Applicant's engineer shall provide an estimate of the total cost for the site improvements for the City. The engineer shall reconfirm the amount of a Letter of Credit that will accompany a Developer ’s Agreement to be executed by developer to ensure that all required plantings, etc. are as shown on approved sight plan along with other required improvements to be completed to the City’s satisfaction. ! 4 M(¥?-06-1996 US23 FROM O’SULLItiANS 612 471 9644 4730510 P.Ol • (O'^uiUvam) V LAKE MINNETONKA V Pt County Roads 15 & 19 • P.O. Box 65 • Navarre. MN 55392 • (6l2) 471-0725 Navarrt Auto Repair • (6i2) 471-7554 /Ur. <P73-S-5-/0 Id T{_»C771_/V')\-4<a..4-^'.<rv>. //'(.£,£St2y\K,t^ /Vrvtfi /i ^ ^ S'. /?/ « // A^' ! \ / TOTPL P.01 t| / r.-. Hennepin County JL An Equal Opportunity Employer_________* March 6, 1996 Ns. Jeanne Habusth City of Orono Box 77 Crystal Bay, Minnesota 55323-0066 0*SULLIVAN 3340 SHORELINE DRIVE CSAH 15 Jeanne: As discussed at yesterday’s meeting, the adjustment of ^^®/ar wash building and exit further from the driveway entrance plus appropriate signage eases Hennepin County’s concern about potential traffic conflicts. the north, the surface would be inconsistent with a seam in the outside westbound wheel track, inviting maintenance problems. If the City desires further improvements, they would certainly be considered, but we deem the above noted actions to be adequate. Please feel free to call with any further questions or discussion. Sincerely, _ _ _ _ _ _ . David K. Zetterstrom Entrance Permit Coordinator DKZ:mak . ^ cc: Jerry Smrcka, Heanepin County Jim Coen, JCJ Associates Department of Public Works 6 320 Washington Avenue South Hopkins, Minnesota 55343-8496 (612)930-2500 FAX:(612)930-2513 TDD:(6l2)930-2696 RecycUd Paper 1/1 Bonestroo Mm Rosene Anderlik & ^1 Associates Engineers & Architects 9 Bonestroo. Boiene, Ander n end / ttodates . me (sen Afflmwdve ActMtVEquil OpportunNy &nployer Otto a Bone stroo. f£. Robert W. Rosene. PX* Joseph C ArnSerlik. PJL Marvin L Sorvaia. P E. Richard E. Turr>ef. PX Glenn R. Cook. P£. Thomas E. Noyes. P.E. Robert & Schunicht PS. Susan M. Cberfin. CJ» A.» * Senior Consuttam hkmard A. Sanford. P E. Keith A. Gt rdon.. PI. Robert R. Pfefferte. P S Richard W Poster. PI. David O. Loskota PE. Robert C Russek. A.1A Jerry A Bourdon. PS. Mark A Hanson. PS. Michael T. Rautmarm. P S Ted K. Field. PS. Thomas R. Andersoa AXA. James R. Rosenmerkei PS. Donald C. Burgardt. P S Thomas A Syfko. PS Ffederic J Stenborg. PE Ismael Martmei. PS. Michael P. Rau. P S Thomas W Peterson, P S Michael C. Lynch. PS. James R. MalandL PS. Jerry D. Pertneh. P S Scott J. Arganek. PS. Kenneth P. Anderson. PS. Mark S Roirt. P E Mark A Selp. P S Gary W Monen. PS. Paul J. Garmoa ALA Daniel J. Edgerton. PS. A Rkk Schmidt. P S Dale A Grove. P S Philip J. CaswcR. PS Mark D. WaMs. PS Miles B Jensea PS L Phfffjp Gravel. P E. Karen L Wlemert. PS Gary D Kmtofiu. P.S Brian K. Gage. PS F Todd Foster. P S Keith R. Yapp. PS Douglas J. Benoit. PS Shawn D. Gustafsors. PS CeciNo ONvIer. P S Kent J. Wagner. PS Paul a Heucr. PS John P. Gorder. PS Dan Ol Boyum. PS Jeffrey J. Oiierlnger. PS Joseph S Rhein. PS Lee M. Mana PS Charles A Erickson Leo M. Pawelsky Harlan M. Olson Agnes M Rir>g James F. Engethardt Memorandum To:Jeanne Mabusth City of Orono Copy To:John O’Sullivan Jim Coen Glenn Cook From:Sheldon J. Johnson Transportation Grou Date: Subject: March 8, 1996 Proposed O’Sullivan Development ~ County Road 15 Pursuant to the request of the City and following a meeting that the project developer had with City staff, I have met with Messrs. O’Sullivan and Coen to discuss the proposed Restaurant/Convenience Store/Carwash for the property along County Road 15. T^e purpose of the meeting was to discuss the proposed on-site traffic circulation and parking for the project. During the meeting, we reviewed the site plan dated February 27, 1996 with changes that had been suggested at a meeting a day earlier at the City offices. Following review and discussion, the changes, additions, revisions, that we would recommend are illustrated, in sketch form, on the attached copy of the site plan. We would ask that a review of the changes, once prepared on a revised site plan, be provided to us for our final review. Tlie configuration of the site makes it a bit difficult to provide a traffic circulation system that does not require some additional signing and striping. However, the revisions shown should allow for traffic to function as effectively as possible given the land uses proposed on the site. We discussed locating the carwash in the northerly corner of the site but the developers informed us that the residential uses in that vicinity may find the carwash noise obtrusiv^ Tire proposed location of the carwash will have, according to business expectations provrded by the developer, adequate vehicle storage for the car\vash entrance so as not to create ariy unmanageable traffic problem on the site. The location of the entrance area is acceptable given the proposed placement of the cones/pylons and the overhead signing shown on the ■4 2335 West Highway 36 • St. Paul, MN 55113 ■ 612-636-4600 attached sketch. The canvash exit design should be modified as shown on the sketch in order to move this exit farther from the access driveway to/from County Road 15. The westerly side of the site should have a roadway centerline, pavement arrows, and a crosswalk painted as indicated on the attached sketch. A sidewalk and railing protecting persons coming in/out of the restaurant on the northwesterly side should be provided in a general manner shown on the sketch. It is not unusual or specifically unsafe to have a restaurant entrance/exit located in the area in front of the drive thru pick-up window. This situation exists at many drive thru type restaurants and no particular safety hazard has been noted. The provision of the sidewalk and protective railing leading to the painted crosswalk will offer a higher degree of safety and is recommended. As mentioned previously, the site configuration provides that additional signing and pavement markings be provided to help patrons move through and within the site without undue confusion. If there are any questions and/or concerns, please do not hesitate to contact me. 1 i 4 11I 3-13-1*996 5s 12PM FROM BO^£STROO ’ ASSOC 612 636 1311 P. 1 £“ * .-KPi 1/ J Bonestroo Rosene Anderlik & Associates Engineers & Architects Boncst/oo. Bosene. Artdernfe and Assocurcs. kK. ts an Affirmative Action/ Equal Ofiporcumry En^yer Ono O. Bonestroo. P £ eooef c w itosene. r f * Joseph C AnderUk. P C Marvin L Sorvaia P E Richard E Turner. P E Oienn P Qook P C. rnomas E. Noyei. PS Rooerf G. Schunichc. f £. Susan m Eberim. C P A* • Senior Consmtanc March 13, 1996 Howard A. SenforU. PE- acicn A Cordon.. PB. Rooert a Pfefferie. P 6. Richard W Foster. PB David O. Loskota. P E. Rooen c Rusiek. A lA Jerry A, Bourdon. P E Mark A Hanson. PI MKhaei r. Rauonana PX. Ted JC. Field. P t Thomas R Anderson, A lA James R Rosenmeraei PE. Donald C Burgjrdt. P f Thomas A Syfko. F£ Frederic J SienOorg. P C. Ismael Martmci. F£ Michael P Rau P E. Trwmas W Peter sors PC Michael C Lyncn. PE James R Maiand. p f Jorry O. Pertuch. P € Scott J Arganek. PE K^meth P. Anderson I Mark R Rolfs. PE. Mark A letps, FM Gary W. Monen. P E. Paul J. Qannorv AXA Daniel J Edgertorv P C A ftick Schfwidr. P fi Dale A Grove FI. PhMip J Caswell. PE Mat . D Walii>. PE Mil«« B Jani««T Pf L. Phillip Gravel. Ft. Karen L Wiemen. P L Gary O Kmiofitf. P.E. Brian K. Gage. P C. f. Todd Foster. PX KotfH R. Yapp. P-X Douglas J. BenotC. P C. Shawn O. Gustafson. PX Cecfko Otivier. Pf. Kent J. Wagner. P f. Paul <k Htuer. P X John P. Goidcf. f J. Dan D. Boyum. PX. Jeffrey J Rhiermger. Pf. Joseph R Rhein. PE Lee M Mann. P X Charles A Encksun Lao M P«w<ri»iiy Harlan M Olson Agnes M. Ring James F. Engemardi Ms. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono Post Office Box 66 Ciystal Bay, Minnesota 55323 t) Re: O'Sullivan Site Plan File No. 139-2107 Dear Jeanne, We have reviewed the revised site presentation and engineering plans for the proposed commercial development located at the northeast corner of Shadywood Road (CSAH 19) and Shoreline Drive (CSAH 15) in Navarre. We have had several recent meetings with the applicants. County and City Staff. The plans have been revised to show changes discussed at these meetings and in letters dated March 6th and March 8th, 1996, from David K. Zetterstrom, Hennepin County and Sheldon J. Johnson, BRAA, respectively. The proposal ii feasible from an engineering standpoint and we would recommend approval contingent on the following list of conditions: 1. Utilities; Plans and specifications should be prepared for the service line connections, with as-built plans provided to the City upon completion. The Public Works Department should discuss any potential problems associated with the additional cover over the existing water main. 2. Grading: A grading, drainage and erosion control plan should be prepared that shows both the existing and proposed contours, building locations and elevations, stormwater pond and erosion control measures to be used during construction. A wetland delineation should be done and the wetland lunits should be shown on the plan. Details should be provided for any retaining walls. Easements should be obtained if any grading is done outside of the property limits. 3. Drainage: Plans should be prepared for the pond outlet and storm sewer. Drainage and ponding calculations should be provided for our review. Minnehaha Creek Watershed District review and approval is necessary. 5. Easements: Utility casements will need to be provided for the existing water main, telephone cable and any other existing utilities located in Navarre Lane. Drainage and utility easements should be provided 5 feet wide along the lot lines and 10 feet wide along the two County road right-of-ways. Drainage easements should be provided 2335 West Highway 30 • St. Paul, MN 55113 • 612-636-4600 I 3-13-1996 5.14PM FROvI BONESTRCXD * ASSCX: 612 636 1311 P. 2 i Ms. Jeanne A. Mabiisth City of Orono Page -2- March 13, 1996 across the proposed ponding area and storm sewer in Navarre Lane. A 7-foot casement for trail purposes should be provided along Shoreline Drive. .'\J1 easements must be provided by separate document as this will not be platted. 6. Parking Lot: Tlie parking lot should be paved with concrete curb and gutter. The driving lanes within the parking lot should have a 9-ton pavement section for trucks. A geotechnical evaluation of the soils should be done in conjunction with the pavement design. 8. Financial Guarantee: Tlie applicant's engineer should provide an estimate of the total cost for the site improvements for our review. We will determine the amount of the financial guarantee required. Plea.se contact me at this office if you have any questions regarding this matter Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. ! 1 C.-I. CONST.10:6127637112 MhR 13’96 14:10 No.006 P.02 i C. L Construction, Inc. /r/»/.v.wu(/v / /'. o. 'V.5 /M.'uiihiha. Mwnrsfin .Vi.ViiV rti: /v.»- 6n 7/12 \ Dme: March 13, 1996 To: City Of Orono Attn.; Jeanne Masbusth 612-473'7357 Phone 612-473-0510 Fax Rc: Site Sign Permit Variance C)’Sul!ivan's Devdcipinent Project Dear Jeanne; We respectfully submit the foIli)wing signage information for your consideration t. Culvers menu board 2. Culvers pylon 3. Texaco ground pylon (Sim. to StipcrAmerica) 4. (I) Culvers (on building) 5. (2) O'Sullivan's (on buiIding) 6. (2) Texaco (on canopy ) 7. Carwash signage jj. (2) Texaco (spelled out in letters) 4’.\6'24 sf 6 ’.x6 ’ (Approx.)36 sf 6 ’x6 ’36 sf 3’x5* (Approx.)15 .sf 2'x12* ea. (Approx.)48 sf 15 sfca. (Approx.30 sf 2*x 12* (Approx.)24 sf 2 ’xl5 ’ ea. (Approx.)60 sf Approximate Total SI*:273 sf The above jnentioned signs arc referenced on attached drawing by their corresponding number. Base upon the lot line adjoining Highway 15 being the frontage of this property, wc request a variance for up to 308 sf allowable signage for this development. T hank you for your consideration in this matter. RespeclJjdly. Robert 1.. Thompson President RLT/sjli 1 i « « 1 -V4 3 STORM SEWER DISTRICT BOUNDARY Smoni DISTRICT POIIMDARY HENNEPIN COUNTY, MTNNE501 nFMFRAl. SFPVTCFS nrpM>Tvr r r. To:Chair Peterson and Orono Planning Commission Members Ron Moorsc, City Administrator From:Jeaime A. Mabusth, Building & Zoning Administrator Date:March 11, 1996 Subject:#2113 David and Jean Sahlstiom, 129 Chevy Chase Drive - Variance - Public Hearing Zoning District: R-IA (one acre requirement) Area of property = Approximately 29,531 s.f. Application: Applicant seeks approval of a side setback variance for a garage addition to be attached to the existing garage at the north side of the residence requiring a side setback variance of 2.05'. The following ordinances are pertinent to the review: 1.Section 10.03, Subdivision 14 (C) - Review of structural coverage. Total lot area = 29,531 s.f Allowed = 4,425.6 s.f or 15% Existing = 2,351.1 s.f. or 7.9% Proposed =* 2,735.1 s.f or 9.2% No variance required. 2.Section 10.20, Subdivision 5 (B) - Side yard setback variance. Required = 10' Proposed = 7.95' Variance = 2.05' or 20.5% List of Exhibits A - B - C - D - E - F - G - H - 1 - J - Application Addendum Plat Map Property Owners' List Sketch of Existing Improvements Elevation Survey Detail of Proposed Addition on Survey Staff Sketch Topography ■ i *»• .7] Zoning File #2113 March 11, 1996 Page 2 Description of Request Applicant proposes a 12* x 33.2' single story garage and storage addition to the north side of the existing residence. Applicant claims adult family member requires additional parking and storage needs. Review Exhibits G and H, back out area from new garage stall would be probably less than 19* and may prove to be inadequate for a backing out movement. Based on staffs site inspection, many of the mature evergreens within the street yard will be lost with the installation of the drive. Review Exhibit F, the same roof line as the existing two stall garage will be installed over new addition. Hardship Statement Review Exhibits A and B. Issues for Consideration 1.Can the addition be constructed in order to meet the 10’ setback? Review Exhibit 1, by moving the addition 5-6' to the west, the applicants would no longer require a setback variance. Applicant would loose approximately 5-6 ’ of the structure but still at 27* depth would provide additional storage area. 2.If structure was moved 5-6' to the west, there may be fewer trees lost within the street side yard. 3.Review hardship statement. Exhibit B. The structure will have minimal visual impact on the residence structure located to the immediate north (Exhibit E). Only 5' of the structure would be located less than 8 ’ from the side lot line. 4.Review Exhibit J, the topographic drainage at the site will not be impacted by the addition but will continue to flow to the west towards Wayzata Golf Course. Options of Action To either approve, amend or deny the variance request. •4 Application # f 3 Date Receiyed Amount Paid * K CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Re:wwal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) #2 i ‘1 ^•1 ;v "i-.eKS?"' PROPERTY INFORMATION Site Address 1 CA^-\ ^^------------!--------- Property TH«»ntifirntinn Number —OQ 2itQ. Attach legal description to application if not included on required survey. I (do) (do not) also ovvn the adjacent parcels of land. Present use of property: residential ___pother (specify) Zoning District:_____________________________ (month/year) applicant Phone (homel ^ <_ ’T Phone (work) — s: ^ City: -------Zip: $ ^ OWNER (if different than applicant) Name______________________ Phone (home). Phone (work)_ Address:City:Zip:. cO description of REQUEST Estimated Construction Cost $ l^,ax^__ Describe request in detail: "TVt t’ \r<i Ci^ i (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _Lot Width Hardcover Lot Coverage Setback:Front y Side Rear Average Lakeshore Other (specify) hardship /description of unusual PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventmg compliwce with Zoning Code requirements.^--------------------------——----------— ------------ CLt/T /* S__iio----^ (attach additional sheets if necessary) fi- <1 p', REQUIRED SUBMITTALS All of the following informarion must be submitted bv the «DPli order for vnur anniiorinii to bg considered complete; I*iline dote in 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271).^ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8*/j" x 11" for reproduction. Topographic surv’ey (existing and proposed elevations) if any changes in e.xisting grade are proposed. In addition, provide one (1) copy 8'/i x 11 for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8*/i" x 11'). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that yflUX variance app||parion is not coniplcte if the above information has not been includcdi« APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant’s Signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council mernbers for purposes of investigation and verification of this request. Owner's Signature 0 Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, ple^e make arrangements to have an authorized agent attend in your place and to advise the Building &. Zoning Office of this change prior to the meeting. 8. \ ^ • t V*' ^ X • ^ % J • ' *4 r ‘ I \- I H CA/i^ A y - K^cUj'ZcJ^ yyUi/t (Ju^<^ /y\mkJ^ ba^c4^ niy>-<. ■ ('h'i> 'i'y'itiJff a// L c?£ aJl^O voiju^ /hj!<r-€yAfJ^ Qjtp kii /AtVV S £ueA I c^ <L^c^ ayy. Ndr^k^dPa uA'L( he ?' 1^ h>u ke\c^ h yvuV-e (V6+»\ hyt liM..100 ' /YUV-e (r64^ <JlUo if' ^vi/v. tiuJa^ot/ ^ (^ ^ciJr uXU lot l' ^ '-yU ^ Oy\ ■PfCY)fY\ f ^ I! ^2^ ' I • ” Our (JUjl) ctY-e joaycA^ M 7>i£-y «r (-d^t^ TS' §^-ejL^' (\Mo UP‘^A^'’^ er,^ Id^ 1 r ^ ^Idil ^ cu^ ''\WjL\f^ 6C4'VO-G^uy'‘ , y AU=j^WAW’ I?3. cl-w-| ^''^<- I :»ST C2) 3G~lt6~23 -13 36-1^ •i’B *^2. A (BOOK 1036 B«CC ill Of Ofcpsi os) (24) (25) (20)1,^1 ly^n 14 (19) unr 13 (18) 1^40) (42) ^Its (43) <1 (26) \er.s (1 MU 14 1 26 ) g» LU >9 -----w— S (2) o (3) S E IIILU li. u (17) (39) _ 193 4 I (38) §/ _IBS (V) 11 (16)(36) lU (44) II >\ <^V<J I t n (34) 74.84 (35) i • ^ vV i?>- ig (15)(10) V (14) (13) * n (12)e (II)a NUN DATE 9Z/9S/H:.tV: •?•'; • , •MOD AAN «.;••H'*' •}. OMCN NAHi < TANDAYEN NAME/ADON :.V» . :’i' 'v • ♦ • TAXDAYEN /-^••.,'HA«E/AD0N M SA-Ut-tS IS OOOt OOOSN ADDRESS UNASSXDNED NAYZATA COUNTIY CLW NAYZATA COUNTIIY CLUS D 0 MW m NAYZATA N4 BSSH HEJMEPIN COUNTY PROPERTY INFORHATION SYSTEH MOKRTV OMCRS LISTSS S4-11S>ES lA OOlS > OOOSS ADDRESS UNASS16NE0 NAYZATA COUNTRY CLUS NAYZATA COUNTRY CLUS P O MW U1 1 • ** ‘S i ■i.- 1 ii - ■ ONNER NANS T/WFAYER NANE/ADDRf' ' ■% -i: ■ taxpayer - VkttTf H*he /aow ■'f »A' m. . ‘ • ft"'* -mi'-'- 'f f SS SA-US-ZS 41 OOIY 001E7 CHEVY CHASE DR JEFFREY 0 JACONSEN JEFFREY A ELIZABETH JACONSEN Itr CHEVY CHASE DR S NAYZATA m S5S41 SB 3A-1M-ZS 41 002Z OOlSS CHEVY CHASE DR A t E STENART ANDREN A ELLEN STENART JR US CHEVY CHASE DR NAYZATA »W 55S91 SB SA-llB-ZS 41 0041 00128 CHEVY CHASE OR 0 C A E S SNXTH 0 CONNELL SNITH 12B CHEVY CHASE DR NAYZATA »W S5S91 * r* •V ■. . • . 0 • •% V , 'r - -. • • , I f 444 .. • .* * ’ > ■X'Mii‘It f• 0 ■ *• ? r REPORT NO. P14SB4BX PAOE S : A f; mmTA Ml snn H ’SB SA-1M-2S 41 0020 00129 CHEVY CHASE OR D H SAHLSTROM/J E SAHLSTROH DAVID N A JEAN E SAHLSTNON 129 CHEVY CHASE OR NAYZATA »M S5S91 SB SA-11B-2S 41 00S9 ^ 00X24 CHEVY CHASE OR ' e L ANOROLX A S L ANDROU 6ERALD L A SANDRA L ANDROU 124 CHEVY CHASE DR NAYZATA m »S91 SB SA-llB-U 41 OOIB 0012B CHEVY CHASE ON P S OLSON ANN OLSON R S OLSON ANN OLSON 125 CHEVY CHASE DR NAYZATA m E5S91 SB SA>11B>2S 41 0021 OOISI CHEVY OtASE OR HELEN N NELU HELEN N NELU ISl CHEVY CHASE DR NAYZATA HN 55S91 SB 3A-11B-2S 41 0040 0012A CHEVY CHASE OR RUTH L BROIDIANELL RUTH L BROMMNELL 12A CHEVY CHASE DR NAYZATA N4 S5S91 / --‘vm • • o ■' • iV '( iLlr ij.Ct’ ^ ‘ -J • ‘•'v ■ ‘s'v* .. , .^.Vvr^ ^ '■ • •; :.K 5 k * * * ’’ .A •Jt >r i i, . r'i .4 •1v 'r! I'.w ■ * WL* ■ - f ;»• • V .. :r M 54-US-2S 42 OOOS • * OOOSa ADDRESS UNASSXMID MAYZATA COUNTRY CLUS NAYZATA COUNTRY CLUS RO SON ISl NAYZATA HN 55S41; • V »v ■ p ’ ^ -•’■■'til TOTAL SATCH SOI ooou ' ** ♦ i 'Ur ••; i f / i- ; • / 4 • X CERTIFY THAT THE FACTS RCPRESENTEO ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTNENT OF PROPERTY TAXATION* TO THE BEST • OF NY KNOHLEO^ AND BELIEF. ^ ^ ■ • ik'--' : • ' I 'i* »DATE f . •••,-* ..is*'f. -» • *. • 4 • • ‘ I * V ■ ‘ ' * * 5 • • * '. J ^ * V »r 9SS^ t ............................................................. ■> t .. t -I r— t ~v ■I » \ w—^ - » , pr i-* i }d a i >• • ' « ^ .1 CERTIFICATE ^ cr^ David and Jean oa6&trolii Iv LOT AREA « HOUSE AREA = PROPOSED ADDITION AREA 27,586 SO. FT. 2,350 SQ. FT. 398 SQ. FT. 0 DENOTES REBAR k CAP SET LS. # 23945 DENOTES REBAR SET FOR BUILDING OFFSET DENOTES FOUND IRON MONUMENT LS. B DENOTES WOOD LATH SET FOR EXCAVATION ONLY DASHED LINE DENOTES DRAINAGE AND UTILITY EASEMENT AS PER PLAT. PASSE ENQINE ^E^tONi lERlNO, INC. REGISTERED PROPESStONAL •LAND SURVEYORS 0440 EAST RIVER ROAD, SUITE 203 COON RAPIDS, MN 00483 Til 1612) 708-6240 Fax. (612) 700.1862 AREA OF EXISTING HOUSE AND PROPOSED ADDITION IS 10% OF THE TOTAL LOT AREA LEGAL DESCRIPTION Lot 15, Block 1. HILL O'WAY MANOR, according to the plat of rtcord thereof, Hennepin County, Minnesota. I hereby certify that this survey was prepared by me or under my direct supervision, and that I am a duly Licensed Land Surveyor under the —^ lows oUhe stol^ of MInnesolo. Donald E. Slgety, Dole: l/jf. No. S3945 JOB NO: 96-05 I SCALE: 1 INCH =__40 __FEET FIELD BOOK: 100 PAGE: 49 DRAWN BY: GSO OWAY.CRD 9605CCnT.DWC rr ^ v'* • / . • *«*»“ -•.*“• • ■- •'•* Si • - ■» -*— . * * ’ •* 4 .•? • ••*. .• • i* * ' - • • •A*»" ' ■ , • . ‘ • • ' ' . -V . . <.•••■• •••.• • »•• . • • •’• i *• * • .r* "*• T'» ' . V f' • ^ ^ *f . » ,• . • • . . ^ . t ^ • DETAIL B DETAIL iEE DETAIL B Vfel&V•^*. * •** ............................... " . • • • • 1 • > »— » OETAIU'B DETAIL C SEE DETAIL ^^J3/ PROPOSED ADDITION CANTILEVER FIREPLACE 'BRICK rrorni APr L. To:Chair Peterson and Orono Planning Commission Members Ron Moorsc, City Administrator From:Jeanne A. Mabusth, Building & Zoning Administrator Date:i'4arch 11,1996 Subject:#2114 Claric Winslow, 1595 Bohns Point Road - Conditional Use PermitA/^ariance Public Hearing Zioning District: LR-IB Applicatioo: In the latter part of 1987, the applicant received approval of a conditional use permit and variance to permit the excavation of an existing pond and designated wetland to ensure standing water. The project would also reduce algae growth and pond odors. The current application involves the dredging of approximately 80 cubic yards of debris and sediment from the south shoreline of pond. No expansion of pond area is proposed. Pertinent Ordinances 1.Section 10.03, Subdivision 19 - Conditional use permit required for excavation or dredging within designated wetland. Section 10.55, Subdivision 8 - Prohibition- The Code does not allow land alterations within designated w'etlands without first seeking variance approval. List of Exhibits A B C D E F G H I J • Application • Applicant's Addendum • Plat Map - Property Owners' List Gustafson Report 3/8/96 ■ Grading Plan, 1595/1625 Bohns Point Road • Detail of Pond Area • Area of Proposed Alteration • Cross Section of Road Filling-Application #1216, #1287 - Amended Plan Involving Road Improvement K-1-2 Cross Section of Pond-Application #1216 L - Cook Report 10/12/87 M - Resolution No. 2296, 11/9/87 N - Resolution No. 2320, 12/14/87 S: ? a iiittntiiiti iiltii Zoning Application #2114 March 11,1996 Page 2 Brief Review of Application #1216 In 1987 applicant filed a conditional use permit and variance application to permit the removal of approximately 1,584 cubic yards of spoils from a Type 5 wetland involving one-third to one-half acre in area. The maximum depth of the. pond was proposed at 12 ’. The slopes would be at a 3:1 ratio. The purpose of the pond was to allow standing water to reduce algae growth and pond odors in the residential neighborhood. Review Exhibits 1, J, K-1-2 and L. Cook ’s report notes sedimentation capacity will be increased and upgrade wildlife habitat. The improvement will reduce the assimilative capacity of the marsh as cattails and other vegetation would be eliminated in the deeper areas of pond but the depth would allow for the reduction in pond odors and minimize the algae growth. Review Exhibits M and N, the City joined in the application v^dien spoils to be removed were found to contain extensive pockets of yellow clay most suitable for restoration of Bohns Point Road. Bohns Point Road was dangerously close to the pond with a sharp drop from roadway. The banks were restored at a more gradual slope providing safer access for vehicular traffic. Review of Current Application Review Exhibits B, H and O, applicant's consultant notes southern area of the pond contains mud or sludge and branches where very little veretation grows. It is applicant's intention to cleanup the sludge and allow for additional storage area vith vegetation to grow along the edge of the pond. The mud and debris will total approximately 80 cubic yards of spoils. On a recent inspection we found little sign of cattail vegetation within the pond or pond's edges. SUifi is not aware of any need to increase water area of pond but does recognize a need to restore wetland vegetation in the shallower banks along the south side. Applicant's consultant should provide an amended plan showing shallower slopes that would allow the restoration of suitable wetland vegetation to increase assimilative capacity of pond lost in original 1987 application. Issues for Consideration 1.Review Exhibit D, note 1625 Bohns Point Road is now owned by a Norwest Bank Trust group. As majority of alteration involves 1625 Bohns Point Road, we should have confirmation of their approval of the land alteration. The Bank should also sign the resolution approving the proposed alteration. 2.As Engineer ’s report notes, the Corps of Engineers and the MCWD will not require a permit review for the maintenance dredging. We should question applicant's consultant as to how often this type of dredging would be necessary to maintain the pond as originally designed. The pond was installed nine years ago, what can be done to minimize the need for future maintenance dredging? ♦--1 •1'J .1 '-3 \ % ' ^ Zoning Application #2114 March 11, 1996 Pa^e 3 3. 4. The Engineer asks for confirmation that spoils are to be taken from site. Applicant's addendum suggests spoils are to be trucked from site. Applicant's constiltant should confrim. Should owner be asked to increase area of suitable wetland vegetation as opposed to open water area within south shoreline of pond? 5. Other issues raised by Planning Conunission. Options of Action To either approve or amend the current proposal. ■ gy ■ •-> 31- .» ] biab > I 4 fi- *1 -1 :;9 CITY OF ORONO - GENERAL LAND USE APPLICATION Application # ^ Date Recciyed Amount Paid PROPERTY LOCATION Site Address f^^nhpt>Pnm^ Type of Application to be Filed CUJI^ Property Identification Number (P.I.D.) 11 'T2. APPLICANT Name Address Phone (home) JS^PgjClLJ phC< 7i^/rv>^n A^P.hJCi. Phone (work) ‘-A? ^ Citv/Cjr^LJ hlU>u ■ Zip Phone (home) "^1 1*" Name / Jp^hr. (jJl D^OuJ ^Phone (work) /(Z3 ---- Address(«=^^ P<n/^rybpTHt" City ____Zip / OWNER (if different than applicant) Date Property Acquired ______ I (do) (do-«Ot) also own the adjac^ni parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - ^ $ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) ______$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg ______$300.00 Commercial/Industrial Use $250.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRU-TID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation $200.00 Easement Vacation $100.00 Easement Vacation With Subdivision ~ $350.00 Rezoning (PUD - refer to fee schedule) ~ $350.00 Comprehensive Plan Amendment ~ $100.00 Appeals Other - see Fee Schedule PRESENT USE OF PRO^RTYlESEN 1 LMs 'Jr » n I Present Zoning District .|4f^(1frrn^ Present Use of Property _X___Residenual Other (specify) t -rax-oiVb448S85 Mar -1 '96 W:16 P. 02/02 REQUIRED SXmMITTALS 1. 2, 3. 5. 6. 7. 8. 9. Conpleted Applk«ioa Fem. Deserib* reqoast ia dctaiL CeetScd Property Owvn Us: of owcen 350*. labels end plat nup (you must obtala this list, labela tad taap from Henoepm Couaty I>qwtaint of Fisasoe, A*d03, Govenaaem Center, 341*3271). rertifkf^e of Survey (ei^icd by a lieeased svBveyor) - refer to haodout for survey iafiMSutioa Aeach lefil decoriptioa to q^plicttioa if not iachided on requted survey. Topographic eui^y (eautiflg and proposed conteuts) if l&id altBstiCQi iavotvo changes in elevatioo (grades). List of the legal names (iaclude marital status) of all penoes \n(h n interest in die ptupgty. Tbit would iiKlude name(8) of applkaat(s) if currect otvncr(s). Coeatructioa plea, if ^plicable (see stsfT for requiremeots). Aa an to this plication, please aiiKh a scpanle hat of any other penona you wish notified of this epplicadoa. YOU are REQUIRJCO to supply 30 COPIES or LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMXnXO. (Staff will require to Kale drawings of all documests, plans, etc. to be submitted.) a Tbe Applicant and Property Owner curt sign this spplicatioft. Please remember that your applicatioii is not complete if the above infbnDadon has not been included. ; Cettiitcetio& by Clerical Depaitaent that Land Use Al^Ucadon is complete. TwiHaU (ff Clerical Staff______________________- Date____________ A .• APPUCAhTTS SIGNATURE The applicant hereby agrees to provide all iofbimation required or requested by the Zoning Adnumstraaor, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expeoa^incurred in review of ^ appUcahon. and certifies that tbe infomutioo supplied is ^rup and 9pne^ to tbe^KSyof his^er kaovdedge. Applicant's signatture Date jsy OWT4ER’S SIGNATURE The owner hereby acknowledfes sad agrees to this ^ucatioD and furtfaer • authorized reasonable entry onto tbe property by City stafiL conaultaats, agenss, commission members, and Council members for purposes of investigation and verification of this request Owner's signanue AppUanit most have al) snbaiaalj into 6t City o£5cea 25 dayi befatt the Pfaemiag CoraattMion Mcettna. Planaiaa Coauniuteo Meettegs ■« h<U oa die third Monday of each aooth. AppUcaon moet b« prami er all review maetafS of tbe PUnaatg CommiMiaa ud CotmeU. If a ^Ueant U uaebte to sated • oeateif. pkawe aaka atiaatwKeti 18 bsvt IB tuthorizad agmt ettaid in yotir place tad aiylae tb« BuUdiag A Zoning OUke of dds chaefe prior to the meMte^ .. i . . V I -r...... f r-j^ m-iTTMIM qr.^1 3!U 96-30-3^^ M — - ▼gustafson design, inc j- h » I »•»—>’> *-* ----- Febtuaiy 20.1996 A '/ $ 1 ■UC^ Ms. Jeanne A. Mabusth 3 J Building and Zoning Administrator City of Orono P O Box 6G Crystal Bay. MN 55323-0066 Dear Ms. Mabusth: The concept for the Winslow pond is simply to remove the debris and organic matter on the south edge of the pond to allow for water storage and use by wildlife. This area of the pond is no longer anything more than mud and branches where very little grows. The intention is to clean up this sludge and allow for clean pond water with vegetation to grow along the edge of the pond. We expect to remove approximately 80 yards of mud and debris from the pond using a track excavator and to truck the material from the site. Because of the amount of debris in the pond, it is expected that the loads will be light and thereby reduce the possible damage to the area roads. I * 1845 Wisconsin Ave. No. Golden Valley, MN 55427 tel (612) 544-4215 Hr{ijln •: . I . ?• 1 UN, MTt 6t/tt/4hliiMrai Ml? ;-%t: m'V: .i!V• *•HEMCPIN COUNTY PROPERTY INPORHAHON SVSTEH PRCVERTY ONNERS LIS1f.'.PMR AOOR,. i^;-i!’/ONNER NAME \TANRAYiR ' ' NAME/AOOR V'i -*• * sa <lM^lX7-23 44 0014ointfc warns point ro R 6ti R S OLSON C RONAlD 0 I . KAYE S OLSON 15S5;MHNS POINT RO ; NAYZAtA m 55391 T • *4 * « M O, j;i^«l0P A1 / 9-117-23 S3 OOOi __ _ _ _ _ _ _Romns POINT ro v t jOMCR NAME V DOUOCJa E KIRCHNER ETAL i f: - TAXPAYER ^ ^ OOUOLAS E KIRCHNER NAHE/AOOR > IftO MMNS POINT RD ® • ' .. ..m 55391 (-117-23 22 0001 •i'XplWP AOOR » 01*00. BOHNS POINT RO •I^OMNER NAME I JOSEPH C THOMASON A NIFE r . 'f TAXPAYER CONNIE R SHEEN 1*00 BOHNS POINT RO NAYZATA MN 55391 0 ^ ;)r NAHE/AOOR " hayzata V-^PROP MOW . 01455 woww rwAioi r%*p I JOIMER NAME 0 K NE»«1AN JR A H H C NEHMAN 117-23 11 0002 OOHNS POINT RO < i TAXPAYER , f NAHE/AOOR:A t-;- •'. t - •A>W I • •• ‘V-*- ' [PROP AODR *^. 7“ OHNER NAME •( •' <• * TAXPAYER NAHE/AOOR ' V-^.: -v:-' ■■■ ' ■ • .< ■ * • . - ■;v«« • fi: .V, pkop aoor’ V.'.r-'V OMNER NAME i,*i; •; .TAXPAYER y NAHE/AOOR 6RAYOON K NEI91AN JR HICHEUE H C NEHHAN :i*5B BOHNS POINT RO ORONO MN 55391 . 4* • 4 ^ 10 17-117-23'll 0005 01*29 BOHNS POINT RO RANDALL A GREEN RANDALL A GREEN 1*29 BONHS POINT RO ORpNQ m 55391 >.?.• .. 3'> ■SO • 17-117-23 11 0008 00036 ' AOORESS UNASSIGNEO 6 K NEHHAN JR A H H C NEHHAN GRAYOON K NE»*1AN JR MICHELLE H C NEWAN 1*55 BOHNS POINT RO ORONO M4 55391 '-•f <y-'.•;v.i‘Vw4».v . V' • A ' ;*•. ••• ■ • . *>ip .y r- • t' r* lAnON SYSTEH^so 00-117-23 *4 0015 01595 BOHNS POINT RO C J A 8 L HINSLON CLARK J A SHARON J NINSLON 1595 BOHNS POINT RO i NAYZATA m 55391 -v . 30 09-117-23 53 0007 01540 BOHNS POINT RO t; RALPH 0 BURGESS JR , . RALPH 0 BURGESS JR ' 27*5 NIAGARA UN PLYMOUTH m 55447 4 . ^ P M < *• .•* * 4 'A 30 14-117-23 22 0002 Iv, 01*40 BOHNS POINT RO - 0 A 0 OUNLAP DAVIO J A OIANE J OUNLAP 1*40 BOHNS POINT RO NAYZATA m 55391 ' << 30 17-117-25 11 0003 01*25 BOHNS POINT RO THE BAM( NAYZATA TRUSTEE NORNEST BAML MPLS TRUST REAL ESTATE *TH A HARQUETTE MPLS m 55479-0053 30 17-117-23 11 000* 01*35 BOHNS POINT RD S P MOSELEY ASP MOSELEY STEPHEN P A SUSAN P MOSELEY 1*35 BOHNS POINT RO NAYZATA IM 55391 36 17-117-23 11 0009 00038 ADDRESS UNASSIGNEO . G K NEHMAN JR A M H C NEttlAN GRAYOON K NEHMAN JR MICHELLE M C NE»t1AN ■ 1*55 BOHNS POINT RD • .• ORONO MN 55391 . t •* I REPORT HO. PI4S5401 PAGE 2958 09-117-23 33 0005 01500 BOHNS POINT RD E L JOHNSON ABB JOHNSON EUGENE A BARBARA JOHNSON 1500 BOHNS POINT RO NAYZATA MN 55391 38 09-117-23 33 0006 01580 BOHNS POINT RD RICHARD H KOVACEVICH ET AL RICHARD M KOVACEVICN NORNEST CENTER *TH A MARGUETTE MPLS m 55479-10*2 ’ ’T.v:‘• |j«-> ; ' i': •». ■ » * . .A. ; ' • 38 l*-117-23 22 0004 01720 BOHNS POINT RO 0 A S ANDERSON ET AL 0 A S ANDERSON 1720 BOHNS POINT ROAD NAYZATA MN 65391 38 17-117-23 11 0004 00038 ADDRESS UNASSIGNEO 0 A S ANDERSON ET AL DAVID A MARGENE FOX 1*45 BOHNS PT RO NAYZATA 55391 38 17-117-23 11 0007 01*45 BOHNS POINT RO J L COrtCR A 0 J PAULUCCI J L CONNER A G J PAULUCCI 1*45 BOHNS POINT RD NAYZATA m 55591 38 17-117-23 11 0010 00038 ADDRESS UNASSIGNEO 0 K NE»fttN JR A M M C NEHMAN GRAYOON K NEHMAN JR MICHELLE H C NEHMAN 1*55 BOHNS POINT RD ORONO MN 55391 ».' - h -Va VJ • * ‘ f J / ‘ ./ • m ■ * • • ■ ' . • ' i • . '.V ;. . •* .' • .* 4* ' 4 '-L f • - •. S4 ■ . ,.v ^ r.• » 7 I • .* ,t>- ‘ •' Vj. ” w J •• • >.• >' ) , .• '.'J'.• • » • •*/.;>' > * • •• 'V - • • • ' * 1*•• J if, • («*)►.*,V|.e ••• ' * • • • V * ?. Y?• - I r. . '• ' ■ • Tr'*• • ** .i-i* *. *. . ; ‘ > * v;--^ •vv-^ .S •K' • «'■ f " "Yv^' . • ... • !' ..... . .'.J . ■•‘A-■’f-- :i ^ ‘>•.« C fiJJli ^l7-X17-tS 11 001 T-i: V i,.' I*' i. \i. -.- »■ 0011 OOOSt ' ADDRESS UNASSIOCD D KiNEMMN JR A H H C NEHMAN /DRAYDOK K NEItlAN JR HICMELLE H C NEMMAN UBS DOMNS POINT RD ORONO m 55391 COUNTY PROPERTY INFORMATION SYSttN PROPERTY ONNERS UST Sa 17-117-ES 11 OOIE OOOSS AOMESS UNASSXGNED C K NEMfAN JR I H M C NEItlAN GRAYDON R NENMAN JR MICHELLE M C NEItUN . 1655 BOHNS POINT RO ORONO »tl 5539^ Uiffep ADOR--^J>^' •> (DOCR HAHi l^v’r • TAXPAYER • 9 TOTU 'DATCM • yAMsyAfiM * 511 00021 74 •* \ •V *:-fv. 1 l‘'V ■ 'I-j . ■ . ‘'.:7. • Ji'. >1 ■ •)* < X'*■•■■■ •■ ■• •■/ •■ ' <Vvr-1.. • i • A 6 '* ■ U * * i ; v«<?'v4 *' *>' • ‘V V V V.-vli - t-- ■»•. • W N’J •« ' ^ ' K-<‘- . ‘V- •'):• • \ .. 5 >•.- n V ii • 0^ 1.' U .in•V =•, ,h -*r:REPORT NO, PIAS5401 PA« SO SO 17-117-tS 11 OOlS 000S8 ADDRESS UNASSXGNED 0 K NENNAN JR A H H C NEHNAN GRAYDON K NEHNAN JR NICHELLE H C NEHNAN 1A55 BOHNS POINT RO ORONO HN 55391 38 16-117-23-22-0006 1725 Bohns Point Road Michael W Cashman Michael Vi Cashman 1725 Bohns Point Road Wayzata MN 55391 • • .••: A -if .'VW . vif^ I ( % A / J fc i.' i' i •’ • . *• 'i /i . •/',.> -y.ti I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTAnON OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATIONd TO THE BEST OF MY KNONLEDQE AND BELIEF :• / # ' ur sKI - ■ * V DATE ' •. . V-* 'y20n,^ ■ ..m'Wmm. ■ \ ;■ ■ • ( '* ;7; r; , . i •• i‘f VR- ' ;i . • • j- *• t 7"^ as .fi {• . V: I • • '•• • . > • MV j .* »v-;1 ■ 1 ■ '-''V'- -•••;•::'■ ..Mj; V% yX ' •• ‘i-’" H*l9, - .* 3-09-1996 1 :37Ptf PPnDM BONESTROO * ASSOC 612 636 1311 w 11 .Ml 1/ i Bonestroo ^^2 Rosene Anderlik & ^ 1 Associates Engineers & Architects KoMfM. Anaemit antf Avjoctetcs. »•ei* Alftr^^^iewe Acttory^^^ Opi P. 1 Acttorv Opportur^Ky fnr^pioyec ono a #cn«tf9P. llOC«rt w. «0*«ne. ^ € • Joitoh C. Marvin t. >orv«ia. ^4U irtcnartf c Turner. # £. Glenn CaalL Thomas C Hoyt, ^ C. i^ohort a tehuntrhr. r C Su»«o M CDPrtin. C^A* * Senior Cofuutunc March 8, 1996 Movrard A Sanford, ^ f. Ke«tn A Cordon . TI Ifobert R f^fefferl*. R C ajer^o W Sojte# P t. David O. losket j, lld^ert C RusseA AJA ierrv A Bourdoa f X Mart A. Hanson PX Micnaei i. Rautmann. P t Ted Ps, Weidl RS Thomaf *. Andersoa A LA. James P. RosenmtfUti. P C QonafO C- iurgardL p i Thomas A Syfko. rs preoertc A Stenoorg. P.t irmaei Martin^r. P4 Miahaei P Oau. P C Thomai Peter son. P £ Michael C. Lynch, f i. Jamas a Maiar^d. P C Jarry D Parttich. P E Seoct J Arganvk. PP. Ktnntch P. AnoefSvh. P.L MarA a. Kofts. p & Mark A scie p.e. Gary W. Morten. P J. Paul X Cantion. ALA Oantci J. idgerton. P L A tick Setunide. P 6 Me A Grove. P C. phiap J Casvveii. P C Mare D. WaMit. P C. Mtics a. Jensen. PX L. Pnmip Gravel. PX Karen L W*e«nen. PC. Cary O. Kriitofiti. P C. Brian K Oage. PX P. Todd Poster. P.e, keim R Yap^ PX Oo^igiM i. Benok. P I. ihawn o. Ounarson. PX Cacldo Ottvior. PX Kcni J. Wagner. PX Pam a Heuer. PX John P. Gorder. PX Dan D. Boyum. P f. Jeffrey J PNerIrsgor. P C. Joseph R. Rhein. PX Lee M Mann. PS Charles A Crick sort cee M. Pawcisky Marian M Olson .Agnes M Oing J imefi r. Cngtinardt Ms. Jeanne A. Mabusth Building and Zoning Administrator Citv of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Winslow Residence File No. 139-2114 Dear Jeanne, We have reviewed the proposal to remove appro.ximatcly 80 cubic yards of debris and sediment which has collected in an existing type 5 wetland area identified on the City s wetland inventory. The site is located a 1595 Bohns Point Road in the southeast quarter of Section 8. The request is acceptable from an engineering standpoint. This wetland is protected by the City of Orono by ordinance, regulated by the Minnehaha Creek Watershed District at the State level as part of the Wetland Conservation Act (W’CA), and under the jurisdiction of the U.S. Army Corps of Engineers (COE) at the Federal level. The excavation docs not require approval from the WCA and should fall under the requirements of a COE general permit, so that the only approval that is needed is from the Citv. The requested removal of 80 cubic yards amounts to approximately two inches over the wetland area. The applicant should explain why such a small amount of removal is all that is needed to complete the project. The location of the disposal area should be determined and reviewed by the City. Please contact me at this office if you have any questions regarding this matter. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. INC. Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul. MN 55113 • 612-636-4600 !•» ■■JM’ ——'/Idfc V.U*r*' - /--t.r -f—«■ T.«-r sr I Mua2P ^ S3 avon ’i-Niod ‘sNfftfa • .) li BOHNS" POINT. ROAC^^ 11.-'. .wM .■<'•'■■; KVi •• 'ym-l : • ii I'w n% L'flalrth__^ -jZ oq^ '}' V''^ -* .A^ -■'JVA. . \ -• l>v \ \ N \ n ^ "jk 'U .*■( V \'s / TdWi' N^;./-’ h' -y^1 't,5 a- '■■ H i./'\fn1 v'ms'H O' I M <?SO.?r <i/i»’50 i \ V 0* .V i* r • » i • • r r*» *. i t f * lii4Clwi^/ % ra .. . '-''S mm'fimk I I ^ «.i» K.J IS -4 i ■i .1 \ • 1*^. X :t^x^mm.^ 70o A* iii*f /• r. ' L 4S ^ ^ i *o Gross SgcrfioMS t:wA’#.)CK ^p?f .*'• 4 >• *> i *.. /• . »r • >-y^ OLO OKAtsC .-- •• N » \• *• ,, %.'• • ri/fj »*»V; ... • * ■• ^- ‘aj .•»/' INC. ...mn^ 0 - ^ .• ^ j PLANNERS^m^i#: I H >1-' • * f:v •* '••v! -r !• ‘ v ;, . , < ] ' . f *'•.•’.V' • :> i;r .*-'i-« .. "-i- '' ■•;; ^Wj(- n */f'•. * : ^ ‘ ’•» ,*. -*< « T • M.' »J «•» *••1^ M » « • « *• • ' ^ ' ' • . • - * • .r.^--i.. ., .-> • i'.- -V . ' •*.. •’•,.• * t.**» • t » . f * ; ‘ ij* * £ •: . ■ * * “M»n« - •! ^ '... • •>. 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' • K...”4 tl:- \ '•• >■<■ r; • ■' •: 4, -il -••s ■ ’ v4 j''<% : ».' t • / ^ •*’* 1•' V r . : / ' F. ,,j ■j.s I ’ ‘ W • •^ ; •• r •: .* •1• f* V'V-', >F ':' ‘t • ‘ >'■'1' ’F.^a Vm ■'’.' ■ ^.!.' >t * • ■ ■ - ^ < ri i '- .......... 1 "S « • m^i :'l •f mma I ‘ Vl -V i.^ r • m ii: 1 Pf•: i iipit« A. .w/- 9 f . ' |i - i % ^ ♦m.t'y'hy ^^■ ’fi ' ■' bP-J'f'-ljr^r * • < ♦ ’ iF^i*VTKr»^ fe: ■: 'iPH fel.: .ktitUcjesomM :?. ,Ui<''.Bi« .:U-i* ■iPi ;iiiii i • »- JJ 11 Bonestroo Rdsene Anderlik & Associates , # •• •• • »f *t Mi^ • M . « j •*« *•-, % tev-MW »»■"•-» * 9m.<990^. Pf . .. r.-ir- - f %• « •• •• Pf %P««^ • PmiPMPm Pf PP^pn C ^i«pp -. f N M «NP»^ • ^ f ^ -• _, •# O IP«*P ^ •9mm$f0 • tiP%i# •§ iptii i*r> pn %l V !:• •••*t P IM '^ll@l if nrr i I**,(j\ii OCT I 31997 i ->jr*/ f Citv Ori^n>^ B3< *>6 rrvfi Jil Piv. MV Attn: J«».inn«' *13?-i:!A yin*1r*M 1595 f»oMn« Pt.'S*!. ■<mm mm «9«#^ WIPPI- -! Dear J#ant*«*: Ue ••nvp r#viewe'< th<* nn-Mcit t.^n fro" ^r. A '•r* Vinalow at 15®5 Aohn* Point void far poni con.r-„cr TJ- ooni wH I So locaf-d <n a **oaitnatrd woflai»4 .iroa TSo «-i»i to •*•' oy-v-oi ;< -ipprosiwatolv 2S aorcont of tSo woMand. T*i" non-! co-atnift*•.'•' w»’: --nr'vo i!*o «o4iiiiontation eapacitv avai»aSto ai»4 vildiifo SaSint. T^ > o' ••*•.-not 5on will ro4uc' tSr aaalma’af'on copacitv the farah aiit’ittv. * " -'n • •'* nrono*oH to So >2 foot !eoo with 1:1 «1"i*oa. Tho nropoaorf .lopth o'’ t'" n. !•» viP Hoin to nJnf-iiao aica trowth ao«l pon-f Tho oonat ruction >n.-r ,* i v->il » roault in ao«o «• »> *‘'n proMo-t* «" a»*t fonco ahouTd S#» r-'<v*i-.-' -'T* *^S** r>on4 outlot. T*«o >po*o< conatmction woul.t not an*"a- t' ’’••v* i v.- ;o-i.» tor" i«vo»ao cffoot.. on LaVo MinnotonVa, If vmi nnv* rju-'^r •'»*i j, contact tS»s o^fiC"* Ynura vorv tru^v. artVMST9«0, \VSr«:?.K A \SS'‘»CIATES, INC. Clonn 9. Coov CSC'ia Eneloauro 7l93o 2335 West Htghw^ 36 • St. Paul, Minnesota 55113 • 612-636-4600 i •’ -M- ..i.ailifciiinM • • • • •• • • 'Vm City of ORO.NO RESOLUTION Of THE CITV COUNCIL NO 2*’*-____ ORONOr h RESOLaTIOM CRAlfTlSG A VARIANCE TO MUmClPAL ZONING CODE SBCTION lO.S*?, SUBDIVISION 8 AMD A CONDITIONAL USE PERMIT PEN dBCTION 10.03, SUBDIVISION 19 PILE 11218 NBERBA8, Clark NlnaloM (hereinafter *the appl;icant*) is the owner cf the property located at 1599 Bohn's Point Road within the City of Orono (hereinafter "City*) and legally described as Lot 2, Block 1, Both and Bridget# Hennepin County# Minnesota (hereinafter "property"); and WBE3UCAS# the applicant has siade application to the City of Orono to pernit the dredging of 1#548 cubic yards of spoils fron a pond approxinately 1/2 acre in area requiring a conditional use permit per Section 10.03# Subdivision;19 and per Section 10.55# Subdivision 8 seeks approval of a variance^because the pond is classified as a designated Minnesotas ■ON,TnBEPOKB^.BN IT'mBSOLVBD^by the City Council of Orono# ‘ ‘vi v|,. ^ , • ■•.rxmiBCS ^Thl*'AppliCAtion r«vl«w«d «• Zoning file I12IE. 7 --.•4 A ^ • ‘ -S. r •2. Tbo proporty Is located In the LR-lB Single family Xakeahore.i '‘ Reaidantlal Zoning Diatrlet. .»j ^ ‘ ^ f z * , Lf» vt . ‘ ■ ’■ 3 -' . ' 3.' The property ie approximately 2.12 acres in area. -' '■ t : ^ 4. The Orono Planning Coamission reviewed this application on October y 19# 1987# and recommended approval of the proposed variance to Section ' 10e55# Subdivision 8 allowing the dredging of a designated wetland# and recoounended approval of a conditional use permit per Section 10.03# Subdivision 19 to allow the dredgir * of 1#546 cubic yards of spoils from the pond# based on the following findings; A) The actual alteration will involve only 254 of the pond area at approximately 1/2 acre. D) The {iroposed depth of 12 feet will reduce algae growth and pond orders. Page 1 of 4 City of OROINO ORONO*] RESOLUTION OF THE CITV COUNCIL NO. >’^96________ C) The scope of the overall project is ninlxnal end will result in a negligible impact on the lake and wetlands* D) in a report dated October 12, 1907, the City Engineer Clonn Cook had the following coomentss !• The proposed alteration .^111 improve the sedimlntation capacity available and widlife habitat* ii* The proposed alteration would not appear to have any long term adT^erse effects on Lake Minnetonka* ill* The alteration will reduce the assimilative capacity of the marsh slightly* Based on a review of the necessary findings in approving the alteration of a protected wetland, the Planning Coiaaission made the following findings: ^ 1. The proposed alteration will not restrict the passage of flood water or run-off. v, - 2. The alteration,will not pose a danger to life or propi^rty. 3* The proposal appears to be compatible with the City^a desire to preserve natural land forms, vegetation and wetlands* ''The alteration will provide greater storage or retention of. run- -r off as a result, of the increase in depth* .5* The City Council finds that the conditions existing on this pro perty are peculiar to it and do not apply generally to other property , in this toning district; that granting the variance would not* p adversely affect traffic conditions, light, air nor pose a fire hatard ** * or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6* The City Council finds that granting a conditional use permit to allow the dredging of the wetland will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed levol of use of the propert'' will be in keeping with the intent and objectives of the Zoning Code and Cosiprehensive Plan of the City. i Page 2 of 4 City of OROrsO RESOLUTION OF THE CITY COUNCIL CfCYr; orM ORONO NO.296 COUCLOSIoaS* OBOER MD COHDITIOHS CnciJ .".‘vrrir”. t%' .^1 *“.7 iSMlvUlcn V .I?/ . VondltlOd.! u.. p.r.U p.r 5»ctio» lO.OJ, S-Mlv..lon 1. Prior to drod^inq illt foncinq must bo Inatalled near tha pond outlet. 2. Tha hauling o< the apolle shell not take place on Saturdays or Sundays and shall only be conducted Monday through Friday, 7t30 a.B. »» A,\n n.m. The Citv must be advised in writing it there is a validto 4|30 p.«. The City must be advised in writing if there is a valid need to vary from this approved schedule-. 3. Authorities granted by this resolution run with the property not with the applicant, but are per«issive only and oust be cxerclsM by application for a building .persilt* within one year of the date of Council approval, or the special conditions of t.iis resolution will expire on that date (HoveBber S, 1988). , . |.«. t ‘ * t ^ ' • 4. Violation of'^r non-coapllance with any of the toms and condi tions of this resolution shall constitute a violation ©rthe zoning c^e, shall aobo»atlcally tenslnate any authority granted herein, shall'be punishable as a elsdeeeanor. ; , ^ ,• 1 ’ ' .V /* • *7 ^•A 'The underslw**^ applicant has read, understood and )iere^ agrees ♦ j.'to the terns of this resolution and on behalf of himself, his heirs.», to tne terns or en*P ----------------------- -- -.l.‘rsucce»eors and assigns, hereby agrees to the recording of this 3 resolution In the chain of title of the property. Adopted by.the Orono City Council cn this 9th day of Wovenber,-^,, 5376471 t it V of ORO^’O iv/V W % ^ crrv • i ' OP ' roRONd? RESOLUTION OF THE CITY COUNCIL NO. _ 2120________TRANSFER ENTERED ptpT Of ' FE3 9 /IS88 A RBSOLOTIOH GRANTING A VARIANCE TO mmiCIPAL ZONING CODE SECTION 10.5S» SDBDIVISIOK 8 AND A CONDITIONAL OSE PERMIT PER SECTION 10.03, SUBDIVISION 19 PILE 11216 HBSREAS. Clark Winslow (hereinafter "the applicant") is the of the pro ”«r?o«ted -t 1595 Bohn', fv.,,,-®! n^fter "Citv") ar.ci locally described as Lot 2, Block i, Bern Bridget, Hennepin County, Minnesota (hereinafter "property"); and HBEREAS, the applicant has made fVon**a p*ond i? a variancrbe«use the p*^nd is classified as a designated wetland. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning Pile il216. 2. The property is located in the LR-IB Single Family Lakesh Residential Toning District. 3. The property is approximately 2.12 acres in area. 4. The Orono Planning Commission to SeetKn 19, 1987, and recomr.endcd approval wetland, 10.55, Subdivision S allowing perm^ per Section and recommended approval cf a -i 540 cubic yards of10.03, Subdivision 19 to allow the dredging of U548 cudic yara spoils from the pond, ba.«!cd on the following finding . A) The actual alteration will involve only 25% of the pond area at approximately 1/2 acre. B) The proposed depth of 12 feet will reduce algae orowth and pond orders. C) The scope of the overall project is minimal nnd will result in a :?lglxgible impact on the lake and wetlands. Page 1 of 4 i City of OROINO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.2320 D) In a report dated October 12, 1987, the City Engineer Glenn Cook had the following comments; i. The proposed alteration will improve the sedimintation capacity available and widlife habitat* ii. The proposed alteration would not appear to have any long terr. adverse effects on Lake Minnetonka* iii. The alteration will reduce the assimilative capacity of the marsh slightly. 5* Based on a review of the necessary findings in^ approving the alteration of a protected wetland, the Planning Commission made the following findings: A* The proposed alteration will not restrict the passage of flood water or run-off* B* The altcraticr. will not pose a danger to life or property C* The proposal appears to be compatible with the City's desire to preserve natural land forms, vegetation and wetlands* D* The alteration will provide greater storage or retention of run-off as a result of the increase in depth* 6* The land alteration will greatly improve the safety of the of Bohns Point Road by widening the road bed and providing gentler slopes adjacent to wetlands. 7, The applicant has agreed to excavate an adjacent land area of the wetlands to compensate for area filled on east side of pond w the improvement of the public read. 8* The City Council finds that the conditions existing on " perty are peculiar to it and do not apply generally to in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fi or other danger to neighboring properties; would not convenience to the applicant, but is necessary to allevia ® . . , strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in ^®®P^"^ spirit and intent of the Zoning Code and Comprehensive Plan of the City* 9* The City Council finds that granting a conditional “®® P®”*J^\5® Llow the of the wetlend will not be health, safety or general welfare of the public, would not adversely Page 2 of 4 City of OROIVO ' CITY ORONa^ resolution of the city council NO. 2320__________ IPWW liah* air ror poso a fire hazard or other danger to nli^rin? pwpcrticf., nor will it depreciate surrounding property vllles and that the rronosed level of use <>« keeping with the intent and objectives of the Zoning Code and Comprehensive Plan or tho City. CONCLUSIONS, ORDER AND CONDITIONS council hereby to' M'u”n*icfpTl' the subject property, subject to the following conditions. 1. Prior to dredcinc, silt fencing must be installed near the pond outlet. 2. Applicant shall excavate 650 cubis yards of dry ^ "rtinV.'" 3. The hauling of the spoils shall not take Sundays and shall or.' / bo conducted Monday through to 4:30 p.m. The Ciiv rest be advised in writing if where 1 need to vary from this approved schedule. 4. Authorities granted by this resolution ^xe?cisJd by witn the applicant, but are permissive ona.y and must be X application for a building permit within one year Council approval, or the special conditions of thi expire or'that date .'r^'cember 14, 1988). 5 Violation of or ncn-compliance with any of the terms and condi tions Sf this resolution shall constitute n tJd code, shall automatically terminate any authority granted herein, shall be punishable as a misdemeanor. 6 to the terms ot tnis rrr.c. ut j.un cm« -- — «#• ►hi«;successors and as.signs, hereby agrees to the recording of this resolution in tho chain of title of the property. . The undersigned ..rrlieant has ?''his hi””o the terms of this ronciution and on behalf of himse.f. his heir , lin. City Clerkofe<?thy Mil-Hallin, C Property ^CJwner(s) Grabek, Ma 0 L(u Fago 3 of 4 1 ■f \ *•||Hil ▼ »Pf?J#!i ( I IX I ' f•♦••-•I • •' % ' • “ * ■ 0 .V f ♦- *M, «-HfHwm §m mi feirS MSI ' W V.' ■ .* To:Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Jeanne A. Mabusth, Building & Zoning Administrator March 13, 1996 #2115 Frank Bennett, 315 Tonkawa Road - Conditional Use Permit - Public Hearine Zoning District: LR-IA Lot area = 7+ acres Application: Applicant seeks approval of a conditional use permit that would allow the dredging of approximately 1900 cubic yards of fill from a '/2+ acre Type 1/Type 3 wetland. Some of the fill material shall be used to install a new drive connecting the homestead parcel to the north with the subject property. The following ordinance is pertinent for this review: Section 10.03, Subd. 19 - A conditional use permit is required for any land alteration in e.xcess of 100 cubic yards of fill. List of Exhibits A - B - C - D - E - F - G - H - I - J - K - Application Applicant's Addendum Plat Map Property Owners' List Survey/Topographic Map Gustafson Report Watershed Map Drainageway Grading Plan for Pond Wetland Delineation Report Improvement Site Plan Review of Application The '/j acre pond is not a designated wetland nor is it identified on the National Wetlan s Inventor}’ Map. The excavation of the wetland will not require approval ot the Watershed District.* The Engineer's report. Exhibit F, advises that the Army Corps of Engineers must review the proposal and if the pond is to meet ‘he requirements of the general permit of the Corps, side slopes would have to be revised from a 4:1 horizontal to vertical slope to ^ 8.1. The pond was not proposed to staff as a wildlife pond. The Corps may require a more leiigthy permit review if the pond is not designed for wildlife. Applicant’s consultant should advise Planning Commission members of the purpose of the pond. L_ Zoning File #2115 March 13, 1996 Page 2 The watershed that drains directly into the proposed pond or lower area is approximately 8 acres in area. Review Exhibit K, the low retention area drains eventually into the ravine to the southeast of the property and then under Tonkawa to an even deeper ravine that drains directly into Stubbs Bay. The steep banks of this ravine are continuously eroding from the runoff that enters from the west. The ravine also receives runoff from the road to the west and the higher elevations on the north and south sides. One major benefit of this proposal is that the improvement will provide control of stormwater runoff of the upland areas within applicant’s property. The City will ask for drainage easements over the pond area and over thi drainageway that flows to the ravine at the southeast comer (a minimum 10 ’ width), refer to E.\hibit K. Staff Recommendation To approve the conditional use permit application for Frank Bennett involving the property located at 405 Tonkawa Road that would allow the dredging of approximately 1900 cubic yards of fill, portions of which will be used to install a new access drive linking applicant's homestead property with subject property. Approval is subject to the following conditions: 1.Applicant to obtain a County permit for any work done within the County right- of-way with the removal of existing drive serving 315 Tonkawa Road. 2.If the pond is to serve as a wildlife pond, .;.en side slopes must be redesigned to 8:1 in accordance with the Army Corps' general permit #18. Applicant's consultant to provide written confirmation to the City that pond has been approved by the Corps of Engineers. 3. Silt fence to be installed at the pond outlet (106.6) prior to any land alteration. 4.All disturbed areas to be seeded with a wetland mixture such as MnDOT 250 rather than sod. 5.Applicant to obtain a land alteration permit from the City’ of Orono. Final plans to include detail on new drive extending north from property and removal of existing drive at 315 Tonkawa Road. f I ! O i i t .1 ^;L- Application # cg//^ Date Received Amount Paid -=^^:> .oO 1 CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ^ TnK>^^PH ^----- Tvije of AppliVntinn to he Filed I ^nd TOKI Property Identification Number (P.I.D.) HIq 11~? 2^ PCXnry.f. nip\j-i2^L±cc^ APPLICANT Name Address /A'fSf .'Inc s lP^uH^nr^nAfiP. Md. Phone (home) _______ Phone (work) City /'jrHAfikl \J^hLj Zip P=^2T7 OWNER (if different than applicant) Name f==^h^tl Address T?ink2^ \~F^ • Phone (home)4~7^~ Phone (work) atiijx^L^k£. ?y4- - PJ^m 2ip*^=y=SSFS(^ Date Property Acquired I (do) (^i>^t) also own the adjaceht parcels of land. y 8/^S (monih/year) FEES - CONDITIONAL USE PERMITS - ______$ 75.00 For each variance request with CUP application ______$175.00 Residential Accessory Use ______$250.00 Institutional (church, school, etc.) $225 00 Guest House/Guest Apartments $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use X $250.00 Land Alteration Grading and filling - designated wetland or floodplain ~ Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75 ’ of lakeshore PRD/PID - see Fee Schedule ~ $150.00 Renewal Fee (no change from original application) ~ After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation $200.00 Easement Vacation $100.00 Easement Vacation With Subdivision ” $350.00 Rezoning (PUD - refer to fee schedule) ~ $350.00 Comprehensive Plan Amendment _ $100.00 Appeals Other - see Fee Schedule PRESENT USE OF PRO^RTY . Present Zoning District Present Use of Property y Residential Other (specify). QusUfson tIBSign Ine. F*x:61JS448885 Feb 21 ’96 10:49 P.02(M, fir 1. % S. Coa^tUd Ponn. Doioribt i«q^ la ML 5. 6.lf| •ItVitlOft (|fld< 7. C««ao«l»a »y Clirteil Dep«tiiieii» *»» Ubd u« Awlta^oo U eompletfc _______ W^afCMciiSliffi.-------------------------------— • »» . ■•»;».'•» «4r«r -«-» (ofbflBtflOB fUppUtd if AppUcHf■ lifptfun Wk 7i fcjEr OWNIR'8 SICNATUR* *|ib^ owBif hwcby •6kD0w!#diii naoAibtt ««nr M thi propii^ )y md CouoeQ m«mb«rt i"i* • ■ 9. :. / » • J.*' ^ ,___, pUeMhW •»».«^ •^**1? ili^ igtiitap coouiuw^*^*^ Owot^riifiatun •# • AmIM Btiil•** whalBito **»• 4* •• •• • *S- • • 1 m • • m I CfttfkT ^ f i 1 • ^ 7 * 7 Ct l^ildWO H«IS31dt« MOai t. --3S^ iP^'M gustafson design, inc t . U. A *i f> T f jp»—n^ .<_ t-ft->L Febfuaiy 20,1996 Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay. MN 55323-0066 «9;>j •*5-r y •1 Dear Ms. Mabusth: The concept for the Bennett residence is to create a pond in the existing low area of the property and to reroute the existing dnve to a new location. The pond work as shown in the attached concept plan will act as a sedimentation pond; it will also regulate the flow of water through this drainage area. The spoils from the pond will be used on the site. The drive work will consist of removing a portion of the existing drive on the north side of the property and connecting that drive to the existing drive located on the 315 Tonkawa Road property. This change will provide a more safte access to Tonkawa Road by moving the access farther from the intersection and the hill on the end of Tonkawa. We will be submitting additional engineering data for support of our proposal. If there are other questions, please call my office. Siricerely, nDale A. Gustafson 1845 Wisconsin Ave. No. Golden Valley. MN 55427 tel (612) 544-4215 1 i • t fMu k-iW « ' ■ t VI ■ , > - N9-5* •*: (6) t R • R !<»' «,„t j (10) • R ' m M 4) 1 1 t if R ViM ^ A r ft R I# '.,* (18)' -• R* R •dj)----------**:• it R (14) 1 ill If P I*-------sr cl! . R (IS) 1 !•• 4| 1 R <JS',’R* 4*1 R “'L-. «* 1% . H (IS) «l)l» • ■ ■BUN DATE 02/El/W. . -BATCH HENNEPIN COUNTY PROPERTY XNFC»HAtXON SYSTEM PROPERTY a»tCRS LIST<T, f PROP AODR V OIMER NAME A,fc TAXPAYER pj. NAME/AOOR m-: • SB OS-117-25 22 0007 059A0 BAYSIOE RD MICHAEL 6 FILBRANOT MICHAEL FILBRANOT 5960 BAYSIOE RD MAPLE PLAIN MN 55359 ^*1. PROP AODR ONNER NAME taxpayer ; NAME/AOOR ‘V ; . A-- M 05-117*23 23 0023 00038 ADDRESS UNASSIGNED X E i H K BERGSAGEL IRV BERGSAGEL RO BOX 149 HAYZATA HN 55391 ■m- i V‘i.-n PROP ADDR ONNER NAME TAXPAYER NAME/ADDR /•/ »•* > 38 D5-117-23 23 D026 00038 ADDRESS UNASSIGNED E C GAGE XXX i B C GAGE EDNXN XIX A BARBARA GAGE 460 TONKAHA RD LONG LAKE MN 55356 (i t ' > ni, - ONNER NAME PROP ADDR V,v TAXPAYER iHATC/ADDR 38 06-117-23 11 0006 04010 BAYSIOE RD CURTIS A ELIZABETH LEVANG CURTIS A ELIZABETH LEVANG 4010 BAYSIDE RD MAPLE PLAIN MN 55359 i:-» • . PROP AOOR 't 0»tlER NAME 'll TAXPAYER '' I •. NAME/AOOR • -j • 38 06-117-23 14 0020 00405 TONKANA RD F B A M M BENNETT FRANK A MARTHA BEftlETT C/0 NAYCROSSE INC PO BOX 9300 DEPT 28 MPLS MN 55440 . vV.> PROP AOOR >. V ONNER NAI« • ■ ^ i TAXPAYER * ; 38 06-117-23 14 0023 '06105 BAYSIDE RD 0 L COHEN A J L LAMB DEBRA L COHEN a. ? v>‘ ' ( •^ ; I V.1^.* * K ' v V * ' J .. • n-i;-vv ■■■-».• 38 05-117-23 23 000403965 BAYSIDE RD FRED BLANCH JR FRED BLANCH JR 3965 BAYSIDE RD LONG LAKE MN 55356, 38 05-117-23 23 0024 00341 NESTLAKE ST X E A M K BERGSAGEL , IRV BERGSAGEL PO BOX 149 NAYZATA m 55391 7 V' 38 05-117-23 23 0033 00038 ADDRESS UNASSIGNED MICHAEL 6 FILBRANOT MICHAEL FILBRANOT 3960 BAYSIOE RD MAPLE PUIN MN 55359 • 38 06-117-23 14 0014 04080 BAYSIOE RD M J A M M HARRINGTON . MARK A MONICA HARRINGTON 4080 BAYSIDE RD MAPLE PLAIN MN 55359 'f, ■ < 6. -s * ^ » . r ■ . 38 06-117-23 14 0021 00315 TONKANA RD F B BENNETT A M M BENNETT F B BENNETT A M M BENNETT 315 TONKANA RD ORONO MN 55356 J 58 06-117-25 16 0025 ‘ 06155 BAYSIDE RD CHARLES N t HELEN F HAYSSEN CHARLES N < HELEN F HAYSSEN 1942 HUMBOLDT AVE S MPLS MN 55403 1 4135 BAYSIDE RC MAPLE PLAIN MN 1 55359 • * '5 * • ' ■ • % • • • ’ * • *6 1 f • •. ■ • Vv fV *• V • • . • ■. .aT/vV* v - v REPORT NO PAGE58 05-117-25 25 0022 00525 NESTLAKE ST X E A M K BERGSAGEL IRV BERGSAGEL PO BOX 169 HAYZATA rtl 55591 . px6556or:’ V •; ;V•.■‘■i'J 't ^ ■ ‘vSi! -;-v ;■ I * 'k • .. f X •r % 58 05-117-25 25 0025 00569 NESTLAKE ST EDNA T ANDERSON ET AL N/L E EDNA T ANDERSON 177 PENINSUU RD ' MEDICINE LAKE »fl 55661 » i' -i «• V •r fix 38 05-117-23 32 0001 00420 TONKANA RD ANNICK R M PRATBERNON EDHIN C GAGE XII BARBARA C GAGE PO BOX 59159 MPLS MN 55459-8250 % .1 38 06-117-23 14 0019 04165 BAYSIDE RD J A M ALT JAMES A A MARIE A ALT 4165 BAYSIDE RD ORONO MN 55359 » •% • V* •'» if v 6' A 38 06-117-23 14 0022 04045 BAYSIDE RD HAL BOON HENRICUS C A CORNELIA A BOON 4045 BAYSIDE RD ORONO MN 55359 • .Mr,:,V V‘,5'V ■ v:«-: ■;=rf !:r-v;<Y kr) TOTAL BATCH M:k-•rRUN DATE 0Z/2I/H KEItCPlN COUNTY PROPERTY XNFORHATXCN SYSTEH PROPERTY CMCRS UST 117-23 23 0040 WESTLAKE ST S & BETTE J PERL J PERL • *' LONG & kV^:f • - . /4 / . ^';-Y .'. . • •;:,V■ .•■• • • '• 55356 « t V,' TT f; : ;Sf «, rs ' * • W «' *^ ' 4I Atmm »'• > U ‘ •*/*•. ♦ •. J4REraiT no; PMS5M1 PAGi Ut•tf.. r«f»a7v* . V I. ; ; .•. .. ■••I;.' V ’ - ■ ^' '4M‘ • • 'h i .4 X i ■V R •,. ) .* « .1 • ft * ^' ', ‘ i.;‘; Ms *V- • ro' ; V, ■ ^‘.'i I [ ■ ■■ ‘ * % i ^ ■ .... :Ji ■ -vt • '■ !-;4 V '‘'ii! 't fi- 'k't ' J 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND T«« REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KN0HLE06E AND BELIEF. DAT tf• * I * ■;'.V.'•. aMlii *• •» • V *. ' ■i . ■■■■'h <■ ■ •■i-V/.;,' ■••' .'ii' ■ •••■'> 1% i’i / 3 ■•*wPfTV. JMBBIft 3-13-1S96 3:26Ptl FROfl BOhJESTROO * ASSOC 612 636 1311 P. 1 if i Bonestroo Rosene m !■ Anderlik & ^ 1 Associates Engineers & Architects Boncirroa. Ro:«nv. Anotftiti sna Aitoeatti. Inc. is an Arfintvittve Aator^ 'F.)uai C,iportuntty Cn^«ye/‘ Otto <3. »0'>^4:roo. r E. Robert \lr Zo^nt. f £.* Joseprs C ATPCfWt. rz. Marvin u SorvM F£ <b«#%»re C Turner. P t GJenn R CoolL ^-E. t NoytS. FI. Rooen a ScfHjmcnt Ft. A(L tocrua C^-A.* • Senior Consultant March 13, 1996 HOW.-V0A. Sanford. Pt Keith A Coraon,. F.L Robert it PfefTene ft Rlcharo W foner. f t O««rio O. tosAoie. f t •abort C R us ^ck . A.i> Jerry A. touroon. f E Mart A. Hanf oa F£. Michbei r. Raumarvv f E TeO K. Fieid. f t Thomtt R Anderion. AJA Jamof R fotenmerirei. f C. Qooaki c Siirgjrdt. P £ Thgmas A. Syfto. F £. frcacnc J. Stenbofgi F£ Ismael Msremez. F£ Mrcrvjel P. Pout. P f. Thomei W Peterjon. PE. Micnpei C. Lfhch. ft James R. Maijna P E Jerry O. PorrMch. P E. ^oxx J. A/ganet f I •^•rv*e«r% /\noorson. P i Msrlt R Polff. F£. Mart A. $e<D. P E Gary Morten. P t Pfcil X Garsnon, AJA Danief J. Sdgerton. P£, A KCJt Sehmidc. PX Oai# A Grove. P.E Philip J. CisvrtII. P E. Want O Wati:. p f. .Mttei t jcnsen. PE L Ptwflip Qravet. P.e. lUrtn I. WImmmrt, P£, Gary o KriStofils. PX brtan IC Gage, r J F. Togo Poster. P L Kcttn p. VJP0. px Oougiat J tenoit. PX »hewn o. Oustaf ton. p.t CeeiHo Oirvitf. p t rant X Wagner. P C. ^at^ Gw Htucf. P E. John P. Oorger. fX Dan O Soyum. px Jeffrey J. Ehiertnger. P.f. Joseon • them. P f Lee M. Marv>. P E. Oiarfes A Crirtsen Leo M. Pawf tsty Kbrian M. Oison Agnet M. Ring Jtmes f EngeRiardt Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Ciy’stal Bay, Minnesota 55323 Re: Bennett Pond File No. 139-2115 Dear Jeanne, We have reviewed the proposal to create a ^nd within an existing 0.4 acre Type 1 & 3 wetland at 315 Tonkawa Road, located in the east half of Section 6. The wetland delineation is acceptable. The wetland is not identified on either the National Wetlands Inventory or the City of Orono ’s Wetlands Inventory Map. Tlic wetland is regulated by the Minnehaha Creek Watershed District at the State level as part of the Wetland Conservation Act (WCA), and under the jurisdiction of the U.S. Army Corps of Engineers (COE) at the Federal level. Excavation within wetlands docs not require approval from the WCA. Unless the pond is modified, it will not meet the requirements of the COE General Permit No. 18 for excavation of a wildhjfc pond and specific approval from the COE should be obtained prior to beginning the work. the tributary drainage area to the pond is approximately 8 acres. Tlie pond outlet is a drainageway that runs under Tonkawa Road to Stubbs Bay. The proposed pond would proWde runoff storage volum ‘^ which would have a beneficial effect on the drainageway and reduce the potential for erosion. The proposed pond is acceptable from an engineering standpoint and we would recommend approval based on this function. The grading plan shows a pond depth of four feet with side slopes at 4 to 1 (horizontal to vertical). We would recommend that the grading plan be revised to show more gradual slopes (8 to 1) in accordance with General Permit No. 18. Silt fence should be installed at the pond outlet prior to any grading. The disturbed areas should be .seeded with a wetland mixture .such a: MnUOT 250. Please contact me at this office if you have any questions regarding this matter. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. 2335 West Highway 36 • 5t. Paul, MN 55II3 • 612-636-4600 3-13-1996 3:27PM FROM BOr'ESTROO ASSOC 612 636 1311 ^-0. i,: I I I I I l! ! r I WETLANDS DEUNEATION DOCUMENTATION FOR JIM JENSEN. JENSEN HOMES. INC.. PROJECT IN ORONO, MN John Anderson. WETLANDS DATA. Minneapolis. MN delineated and documented wetlands boundaries on the subject property cn December 1st. 1995 at the request of Mr. Jim Jensen. This report provides information as to the dominant wetland characteristics at the site as result of the investigation. The parameters of the wetland/upland boundary are provided in each delineation report form as this Inform.itlon is redundant below. Please review documentation of these findings (referenced in report and site plan). A sketch of the staked wetland boundary is included in the report. LOCATION Bayside Road and Tonkawa Road Orono, MN METHODOLOGY Wetlands were identified and delineated using the Federal manual for Identifying and Delineating jurisdictional wetlands(interagency Task Force on Wetland Delineation. 1989). The wetland and/or deep water habitat were classified according to the methodologies set forth in Wetlands of the United States (USFWS Circular 39, Shaw and Fredine, 1971) and Classification of Wetlands and Deep water Habitats of the United States (FWS/OBS Publication 79/31: Cowardin et. al.1979). CHARACTERISTICS OF WETLANDS INVESTIGATED Transect A.#l This is a Type Three (PEMICd) wetland checksite. Dominant specie is Reed Canary Grass (FACW+). Soil is Hamel, a wetland soil. Surface hydrology is met. Site is in wetland drainage pattern Transect A,#ll This is a Type 1 (PF01 A) wetland checksite. Dominant species are Green Ash (FACW). Common Buckthorn (FACU) and Reed Canary Grass (FACW+). Soils are Hamel, a wetland soil. Surface hydrology evidence is met. Site 'S saturated. Transect A.#111 This is an upland checksite. Dominant species are Green Ash (FACW) and Common Buckthorn (FACU). Soils are Hamel, a wetland soil. Surface hydrology evidence is not met. Site is not flooded, ponded or saturated. Site has been effectively drained. I I f I I I I S' I I T: #• V A I r '—I limitations of wetland assessment My opinions, conclusions and recommendations were based in part on information I obtained and evaluated from current sources including state and federal agencies, verification of the authenticity or accuracy of this information is not warranted and is not included in the scope of my services. These sources are National Wetlands Inventory Maps. U.S. Geological Survey Maps. Minnesota Department of Natural Resources Protected Waters and Wetlands Maps and County Soil Surveys. I appreciate this opportunity to present this analysis. Please contact me If you have any questions or would like additional information. Sincerely, John C. Anderson TO:Chair Peterson and Orono Planning Commission Ron Moorse, City Administrator FROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:March 11,1996 SUBJECT: #2116 John Walstedt, 3470 Bayside Road - Conditional Use Pennit - Public Hearing Zoning District: LR-IA Total area = 2+ acres. Application Applicant seeks approval of a conditional use permit that would allow the filling of 500-600 cubic yards of fill resulting from excavations for new construction on the property. The majority of fill from excavations shall be placed in rear yard. The filling of the rear yard cannot be authorized under the building permit for new construction. The following ordinance is pertinent for this review: Section 10.03, Subd. 19 - Conditional use permit has been required for the filling in excess of 100 cubic vards not authorized under building permit for new construction. List of Exhibits A - Application B - Plat Map C - Propert>' Ovmers List D - Survey E - Hardcover Inventories 75-250* Setback Area F - Hardcover Map G - Gustafson Report 3/12/96 H - Elevation Profile I - Grading Plan Review of Application Review Exhibit 1. applicant proposes a major addition to the west side of the existing residence and the excavation of a walkout to the lake side of the existing residence. The excavations for the new construction will result in approximately 550-600 cubic yards of fill. The majority of fill will be placed to the north or rear of residence. Additional cutting and grading is proposed along the west side of residence in order to direct drainage away from the lower level of the walkout and direct drainage to the south towards Bayside Road. Total earth movement on the property involves over a 1,000 cubic yards of soil. 1 Zoning File #2116 March 11, 1996 Page 2 New construction will not require variances as 43% hardcover within the 75-250 ’ setback area will be reduced to 24.1%. Review Exhibit G, the engineer finds the grading plan to be acceptable. The majority of drainage from this property drains to a low area to the west and north of the property. Runoff from 1 acre of the property will now be directed towards the south or Bayside Road. The engineer advises that Hetmepin County DOT should review the grading plans to determine the need for ditch cleaning or any other improvements to facilitate the additional runoff. Applicant's contractor shall be responsible for arranging for an inspection with the City staff and the Hennepin DOT before a building permit for the new ’ construction can be issued by the City. Staff Recommendation To approve a conditional use permit for John and Lynn Walstedt that would allow the filling of approximately 550-600 cubic yards of fill resulting from new construction on the property located at 3470 Bayside Road subject to the following conditions: 1.Before a building permit can be issued for new construction, applicant's contractor shall arrange for a site inspection with the City staff and Hennepin County DOT to determine the need for ditch cleaning or any other improvement required to maintain additional runoff resulting from the proposed grading on the property. 2.Erosion control shall be in place at the west property line near the lower area and in front of the house prior to any land alterations in order to protect the lake. 3.The City recommends sodding within sensitive areas on the west and to the south of the residence in order to minimize potential for erosion. J ’3 \ ‘ Application # to Date Received cD • L Amount Paid CITY OF ORONO - GENERAL LAND USE PROPERIT LOCATION Site Address Type of Application to be Filed ^^Ao/Jp /ytju <-<■ •? <4.• • Property Identification Number (P.I.D.) /3 oo^*/ Phone (home) ^7^- 6 ^ _____ Phone (work) - z JO f Address.34^CV? •r' <jSnA/) City Q'^0 _______Zip APPLICANT Name _ J/)A/a/<^ A ^/u/^ //^A / . rr >=• IT/ OWNER (if different than applicant) Name ___ Address City Phone (home) 9- 7S'- ^ Z> ^ Phone (work) ti - Z-p O y ______________Zip_________ Date Property Acquired /^£^^LfSy~(month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $ 75.00 For each variance request with CUP application >v y $175.00 Residential Accessory Use ______$250.00 Institutional (church, school, etc.) ______$225.00 Guest House/Guest Apartments ______$200.00 Duplex Credit/Bldg ______$300.00 Commercial/Industiial Use ______$250.00 Land Alteration ___/ Grading and filling - designated wetland or floodplain \/ Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75 ’ of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change fi-om original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$250.00 Commercial Site Plan Review (+ consultant fees) ______$300.00 Vacation ______$200.00 Easement Vacation $100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUT) - refer to fee schedule) ______$350.00 Comprehensive Plan Amendment ______$100.00 Appeals Other - see Fee Schedule \ PRESENT USE OF PROPERTY Present Zoning District Present Use of Property \/ Residential Otlier (specify). ///i- /v/V.clT r i/7 “. 4 wox: 4 7~^ . C 2. 3. 7 4. REQUIRED SUBMITTALS 1. y Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-32711. (si^!fed% a liw’bi^^siirveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current ovvner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 5. 6. 7. 8. 9. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS. SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:________________ __________Date------------------ APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Date Z. Z. l~^ ^ C> OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signaturg^^^^^^<>-'^<A » [< J iV^al Date Z.' IL Applicant must haVe all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building &. Zoning Office of this change prior to the meeting. k- I * ' « -’'•*» • ^..* • '.v . 4 ‘ r*-- ^ - 6»-T^i C>5\ •96.74 (II)Vi> 4.;5"4 «•/?>• (10) ............... (16) (12) ! C3) , ■ P«T tf lOI 37 ',****^.„ .% (II) r- ••:■■'' ■‘ 34386 P2 i! 1 ' I p. IJST (47) isn U*7) \ '00 33S.i5; 4^, . V (5) 1 V 33 ? 3 1 “ »00 1 a X*'** 0.9. ^ »69 5 ' '33/. , >3lri ®'‘(23) '*• fl ^ 50) ■* j If 6 ( 13) ! M (12) / ■ I79.JSj 1 sB sog(i9)'i" B'i !«' n il(M) a B X '3 2bI 5 (3ir“" a 1 12 Q " j(28) "^3Tii RN II R ^ (23) *> « (2?) a (24) « 0 *(2S)0 (12) i R (W)i (ifl)r • X B l24.iS f€0 —R9-r^' ;fjQ. 2Llt / / I |goS'/<7-23-i3 ’♦ I 'e '«(») " «4 »^ (30);;* .33. «9 , ■'^C (42) >aa. 31 >00.91 * N '8 a r'* a" (42) **(W ^ B to 0 ^ (41) ^!iL_V * (40) ^J»(3I);*’ B ^ 3 via VBSO.^•' t a K 12175..'i » a1(52). J (53) 7 f 12s. 75 ??t. sa A' OWTIOT bNJ>\^ (40J CAST200 -qife^STLAK€> 4 2 ^ i(»>i(»W^0i;(36);<35)i(32)i '». 7B S». 25 I --•11X93^^ (43) ?.® I. ^ /«; • ;(57) -II BAYSlft 291 3 > " i RUN DATE 02/2E/MrU'.:BATCH 514 <WOP AOOR i't OHNER NAME t • i : >. TAHPAYCII NAHE/AOM t J.•<■»;.••• .‘••AV.V. ;r1 ' *V • • •*• . - . .••■ SBt._________• • *r. SB 0S-117-2S 12 0013 00200 BEDERNOOO OR 6 L A J H GUSTAFSON JOATM N GUSTAFSON 200 BEOERHOOO DRIVE LONG LAKE FM 55354 iSWEPlN COUNTY PROPERTY XNFORnATXCM SYSTEH PROPERTY (MCRS LIST30 05-117-2S 12 0015 .• 00038 ADDRESS UNASSIGNED ■ I STATE OF raiM , STATE OF N»tl fONR) (LUCE LINE TRAIL) /' ■t, PROP AOOR ■ ” OMftR NAME I• . TAXPAYER / I . NAME/AOOR'/m-: SB 05-117-23 12 0017 0S415 HIGH LA RICHARD 6 MARKLUND RICHARD 0 MARKLUND 3415 HIGH LA LONG LAKE MN 55356 r,.. iU PROP AOOR.L- omner name TAXPAYER t;^ ^NAME/ADOR ’ Y A 1, 4fj /,.M. , ; . • vr,i 1 ..‘a ' if ... . • V -' . PROP AOOR > ONNER NAME .•i;. TAXPAYER V:' J-i ' NAME/ADOR '-i*r ■ >; • V ‘ .i*'* * V* ' . * >*.v \.y r A ■ ■ \ .f • ^::: V r l PROP ADDR OHNER NAME TAXPAYER • NAME/AOOR •»#I i •• '• t Oi”pPROP AOOR ' t t ' OHNER NAME ■ ‘\TAXPAYER. ’ NAME/AODROf*;- t . o:* vV* i.t«V M 05-117-2S IS 0004 000S8 ADDRESS UNASSIGNED 0 L GUSTAFSON ETAL GERALD L GUSTAFSON 200 BEDERNOOO DR LONG LAKE MN 55356 SB 05-117-23 13 0012 03420 BAYSIDE RO RAN ANDERSON ROBERT F I NENOY 3 ANDERSON 3420 BAYSIDE RD LONG LAKE MN 55356 36 05-117-23 13 0015 00038 ADDRESS UNASSIGNED K BANGERT A V BANGERT K BANGERT A V BANGERT 3500 BAYSIDE RO ORONO MN 55391 38 05-117-23 13 0023 00225 TONKA AVE CAROLE J HALSH CAROLE J HALSH 225 TONKA AVE LONG LAKE MN 55356 » t 4 » v !r • »- , 'i * .jv.?*: nv- .4 » 8 ^ J >• A m ^ i « 38 05-117-23 13 0002 ^. ‘ 00215 TONKA AVE MICKY 0LS6ARD | MICKEY OLSGARD , P 0 BOX 1016 MPLS m 55440 • I 4 i -. i I B .* t 38 05-117-23 13 0005 00038 ADDRESS UNASSIGNED 6 L GUSTAFSON ETAL GERALD L GUSTAFSON 200 BEOERHOOO DR LONG LAKE MN 55356 38 05-117-23 13 0013 ‘ 03440 BAYSIDE RD ' T M ZIESMER AMT ZIESMER TODD M A MARIE T ZIESMER 3440 BAYSIDE RD LONG LAKE m 55356 . 38 05-117-23 13 0016 ‘ 03510 BAYSIDE RD C H MORRISON A J P MORRISON CLINTON H A JODY P MORRISON 3510 BAYSIDE RD LONG LAKE m 55356 * 38 05-117-23 13 0028 00295 TONKA AVE H A R SCHMITZ > HENRY A ROSIE SCHMITZ 295 TONKA AVE , ./ LONG LAKE m S5Jfi6 1 : ■ • • I %' ' REPORT NO PAGE38 05-117-23 12 0016 00038 ADDRESS UNASSIO€0 STATE OF MINN STATE OF MINN IDNRI U«XE LINE TRAIL I 38 05-117-23 13 0003 00038 ADDRESS UNASSIGNED FLORIAN J STERNER ETAL ROBERTA E VAUGHAN 3440 BAYSIDE RD ORONO MN 55356 38 05-117-23 13 0011 00220 BEDERNOOO DR 6 A J GUSTAFSON GERALD L GUSTAFSON 200 BEOERHOOO DRIVE LONG LAKE MN 55356 38 05-117-23 13 0014 03470 BAYSIDE RD J G HALSTEOT A L H HALSTEDT JOHN 6 A LYNN H HALSTEDT 3470 BAYSIDE RO LONG LAKE MN 55356 • A . H 7 « * • - ? 1 ^ 38 05-117-23 13 0017 03540 BAYSIDE RO A A a BALGAARO . ‘ \'v ALVIN T/BEATRICE H BALGAARO . f• f aV 3560 BAYSIOE RO .iH. LONG LAKE MN 55354 . >.vS^ • ■" •'W- --':' i ■ 38 05-117-23 13 0029 00038 ADDRESS UNASSIGNED ESTHER M ADDISON ESTHER M ADDISON 3382 BAYSIOE RD LONG LAKE Ft( 55356 < ••-.-y V.'- .4 } MM DATE 02/22/HI ^ ' ■' * BATCH E14 HENNEPIN CaWY PROPERTY INFORHAHON SYSTEM PROPERTY OMCRS |.ZST Mr y .iff PROP AOOR OWCR NAME TAXPAYER NAME/AODR M - ."i • - PROP AOOR ■ OMCR NAME TAXPAYER , ;hame/aoor :i ;• • y.. I •• ..cS-v •••■ • i PROP AOOR .•^{f,-Olt€R NAME , TAXPAYER ty ‘ vNAME/AOOR SB 0S-117>2S IS 0030 03400 OAYSZOE RO 0 A S ESTERS OANIEL A SANDRA ESTERS S400 BAYSIOE RO LONB LAKE m S53S4 SB 05-117>23 13 0043 03444 EASTLAKE ST 0 A M0N6E ANA M0N6E OEAN A A NANCY A MONGE 3444 EAST LAKE ST S LONG LAKE »M 55354 36 05-117-23 13 0044 00036 AOORESS UNASSIGNEO 0 A MONGE ANA MONGE OEAN A A NANCY A MONGE 3444 E LAKE T. S LONG LAKE HN 55354 ■r * 4 PROP AOOR ONKER NAHC yr.< TAXPAYER \ >;tyn»NAME/AOOR TOTAL BATCH 514 00027 # f ^ • .» * * • j .» I ‘» ’5.** : ' ; V ■ M-•; : s 'I , Bo . . «»5 ’ i* . ■* •1 . I y '•V * V »*: 30 05-117-23 13 0041 ; " 0354B BAYSIOE RO J H A J P BARTLETT i ' JEFFREY A JO ANNE BARTLETT 3540 BAYSIOE ROAO LONG LAKE (M 55354 . 'y36 05-117-23 IS 0044 . 03424 EASTLAKE ST T E RAOKE ANA RAOKE THOMAS E A MARGARET a RAOKE 3424 EASTLAKE ST LONG LAKE »M . 55354 •I • SB 05-117-25 15 0(H9. . 00?22 BEDERNOOO DR JEFFREY D HUELLER . f JEFFREY D MUELLER 222 DEOEI LONG LAKE MN t;. r • * r • ‘ * ' . ■ • i* ■ 55556 « • • Mi » , T •f I ' # A.' ♦ I ^1. if . »v-.‘ ‘ ■t *• '• «* • . • 4 V - - 1 •» t. . 4<l •.REPORT NO. PZ435401 !■PAGE 38 05-117-23 IS 0042 03444 EASTLAKE ST . MAN HUNSLEY MARK A HUNSLEY 3444 E LAKE ST LONG LAKE FM 55354 38 05-117-23 IS 0045 00038 AOORESS UNASSIGNEO J G HALSTEOT A L H HALSTEOT JOHN G A LYtM H HALSTEOT 3470 BAYSIOE RO LONG LAKE FM 55354 , ;fi-4S ■ . ‘vtf A,,.r }, fji;; • . ‘ pril 'r^:- '■ * . i * !i5rt^ ? I • . * c- i*- ‘ ^ , <L .H i ilS 0 38. 05-117-23 IS 0050 00245 TOFfU AVE MARY KAV MCCARTY ' MARY MCCART- 245 TOFACA AVE LONG LAKE MN 55354 , ’Jr** • ♦ , ’ > •• I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AFO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUFfTY DEPARTMENT OF PROPERTY TA^HON, TO THE BEST OF MY KNOHLEDGE AND BELIEF. ^ ■*. - .•. . ‘ I •4-' DATE ■ • V..;- . ■Ait • *.' \ *• ** * * •' * • * ‘• V • = . •* .• I ' * * • ‘ 'I .• . . •.*• . ‘ . .y. • ■ . i . . * . • : • >. ;• # ' 1 I' .fiV*. ; • , t[-y , » ■ -rM 1 * •* '<' : ?• •. \ - . 0 » i'-t •> •, V : ■ -: Vi “Jas S)iF; i ^ ' »’ 1 *!' , • i 84I1TI P ^ V / U.4 I I«• f i... X V5 It C4tt»l Hi /*. o * •\f7j^ *‘9 r »T! *4 9 \ •» 4I.i II 0£CK / CouA/ry /^o^D A/'o. 84 r Certificate of Survey for Cutting Edge in Lot 23, Aud. Sub. No. 203 and Outlet A, Bayside Beach Hennepin County, Minnesota t ** * I t t Legal Do.seription I.ot 23, Auditor's Subdivision No. 203, Hennepin County, Minnesota aiivl OuLlcjl. A, Uoucii. ...... ./ This survey shows the location of an existing house and deck and a pro posed garage in relation to the cast line of the above described property. It does not purport to show any other improvements or encroachments. •: Iron marker found o; Iron marker set # .21 1 6 * Coffin & Gronberg, Inc. C g f 11 ' I w * * ,iit •' '‘I** 1 ‘ f I hereby certify lhal this survey was prcp.uci.1 by me or uiuler my ifirec! super vision, and that 1 am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. 4**' I' l tf.i.k X'unii * I '11^;) __\1 \ v«lVi iM.' F“- FNi Mark S. CronlHirg Minnesota License Number 1275S DATE €-AP-f3 SCALE /^SO JOB NO 93-2S^ 'k hardco \^r calculation worksheet 25-500 ’ SETBACK ZONE:(CIRCLE ONE)0-75 ’75-250’ fytsting wardcover in ZONE A. House ^----------------- X —- Widdi Leogth /z/X X .X X 2^ B. Garage C. Driveway /'70 X - D. Sidewalk ?. r • - X X X E. Paiio/Dcdc F. Landscape Underlain By Plastic / da / Ia. X X 13. 3J2. G. Other total hardcover in zone total property area in zone A /2j proposed HARDrnVF.R IN ZONE A, House JZ.-------- Length ^---------------- - B “ ^________ 2^ B. Garage 3 2,_ C. Driveway l'?0 X X X Width 3^____ D. Sidewalk E. Patio/Deck F, Landscape Underlain By Plastic •>y lU 1 G. Other X X X X X X X X X /S ss 500-1000' ^8 2R- TOTAL HARDCOVER IN ZONE total PROPER^ AREA IN ZONE ^ / / 7, / /a /9io '7S.Q. 6»a / ^ ^ /2/U LlJU. /2 /6 tH9o 7S10 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. /Zj Q p O • a' • ?0 S.F. __S.F. __________S.F. Zi 2 7____ S.F. S.F. S.F. S.F. S.F. /q0 8____ f.g>g _S.F. V) 'Zll >7,f. ygt?._ Vyta S.F. S.F. S.F. S.F. S.F. S.F. % lyuPBf . A B A B “ s Hciise /h^y^/t-4P CL a J_ ts^ \ HO til o otffi. • •e> • • ^ (2^ /^ X 72. /^?0 ' cy^sr eA ' ($ 3^ PCV(/^ y'^s^ \ 7^ y sy^^ cpy- //^ois ' ~War9L\ ........-------------------- od Q -^71* •B«a i^-- ------------------- ^SS5SS»'<''“'> -VAVif/ tfTge uy^t-S7~ A. <5 X /S'T'yy^ yj 3-12-1996 2»50PM FPXXA BOrJESTROO ' ASSOC 612 636 1311 iit. J/ J Bonestroo Rosene Anderlik & Associates Engineers & Architects Bonestroo. Botene. Anderkk jnd Associ^urv Inc is jn p. I Otto 0 Bonestroo. P E. Kobort W Rosene. PI * iosepti C AnoeiMt P£. Marvin L Sorvasa, PE. Ptcnard £. fumer. K.t Oterm • Cook. P C. Thomas E Nuyet. P £. BoOert G. Schurucht P£. Susan M Ebenmt C P>.* * Seniof Consuitam March 12, 1996 NowarO A Saolortl Pf ICeilll A. OorUun. P C RoOcrt R Pfeflerte. P.£ tichartf W Fonec. P E David O Losfcota. P C Pooert c Pussee A.i a Jerry A Bourdon. P£ Mark A Hanson. PC. Michael T Paucmarm. P E. Ted K. Field. P C Thomas C. Anderson. A.I. A James R. Posenmencei. P C. Donald C. Burgardt P.C. Thomas A Syfko. p E. Frederic J StenOorg. P f Ismael Marteict. P.C Michael P Rau. Pa. thomas W. Peterson. PC Afrirmanve AcCioa CQuaf Opportumty Cn^lo^ Michael C Lyncn. p i James R Maiand. P C Jerry O Pertricfl P C. Scott J ArganelL. P C ppnnetn P Ande ion. I Mart p Po/f j. p E Mark A Seip. PJ liary W- Moricn. P.C. Paul J. Garmon A i A Oartief J Cdgerton. P I A Rtck ScPvnidt. P C Oaip A Grove Pf Phihp J Caswell. PE Mart O Wailii. P C Ctelps B Jensen. Pt L PHMhp Gravel. PC Karen L Wiemerc P C. Gary O Krtsronc/ p p. Brian P Gaga. PC F Todd Foster. P C ReKflR Yapp. Pi Douglas J. Banoit P C. Xhmem O. Guttaf sor\ PA Cectiiu Otivier. P C Per«t J Wagner. P k. PaulG Haupr. PF. John P. Oordpr. P.f Dan D. Boyunv PA Jpffrey J DdarmQer., PXi Joseph P ^nem. PC. tee M Marm P L Charles A k'rKkMin Leo M Paerelsky Marian M Oiton Agnet M Ring JSmes F CngePsarilf Ms. Jeanne A. Mabusih, Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Walstedt Residence File No. 139-2116 Dear Jeanne, We have reviewed the proposed grading plan for the Walstedt residence at 3470 Baysidc Road. The proposal includes e.xcavating appro.ximately four feet along the west side of the existing house to create a walkout entry and courtyard. The excavated materials will be used as fill near the center of the property. The grading plan appears acceptable from an engineering standpoint. It appears that the majority of the property presently drains west to a low area near Bederwood Drive. Tlie grading plan shows a new drainageway that will be constructed along the west side of the house from the existing garage to Baysidc Road. 'Flic grades on the drainageway arc acceptable. If the disturbed areas are sodded there should be little potential for erosion. Erosion control measures should be inplacc at the west property line near the low area and in front of the house prior to the grading to protect the Lake. It (ippears that the new drainageway will direct appro.ximately one acre of additional property towards Bayside Road. We have not determined if there will be any impacts to Baysidc Road due to this change. It may be necessary to do some ditch cleaning or other minor improvements to facilitate the additional runoff. The plans should be submitted to Hennepin County for their reNiew and comment. Depending on their comments, a meeting at the site may be necessaiy. Please contact me at this office if you have any questions regarding this matter. Yours very truly. BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 55113 ■ 612-636*4600 \ L. BiisV ^ .iMn0sr~ r»st^^sr ^yi0 mT<0^Tt%^ ‘ f7d Ut Jci, f*¥ U9. f4^ 9ST fry trz ^mrwT' ^ rs-9. Try fXM. — M^Jtr ^AtlfM AA^h^ ^ *r^ MAntf ^ ^tr fX^J- fj^.r fry ^ mAc A of B^MB§m fyr §TMm or ttiM*rr XL—A xxs/m y» IAA m f^r f¥tf ^^>Co«fr fv<M> xi^iArfmA/ 9¥^ 93S 3' itAi4, — iXXf Sa B m ^^/if7y0 J J3y0ym^yxx * # , •. ¥ \ \ •- :ii !r;•», '* ■ t r •;H t ••■ * • * *% * X* St»-:.C> .- f.--r } 5! < ^ . ^*: />• • ■. y ;i ■I To:9. From: Date: Subject: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator March 11, 1996 #2117 Thomas McCune, 1473 Bay Ridge Road - Conditional Use PermitAi^ariance Public Hearing Zouing District: LR-IA Total area = Approximately 35,900 s.f. ± Application: Applicant has filed a conditional use permit to permit the installation of a two-tiered retaining wall at County road right-of-way line. 24 lineal feet of a two-tiered timber wall exists at the north lot line. Applicant wishes to extend retaining wall an additional 90 lineal feet to south. Major portions of the wall are located within the 75’ setback of the lake requiring setback and hardcover approvals. Pertinent Ordinances 1. Section 10,03, Subdivision 19 - A conditional use permit is required for the installation of retaining walls. 3. Section 10.22, Subdivision 1 (B) - Lakeshore setback variance for retaining wall. Required = 75' Proposed = 69' Variance = 6’ or 8% Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L-1) - Hardcover variance within the 0-75' setback area. Setback area = 575 s.f. Existing = 24 s.f or 4.1% Proposed = 114 s.f or 19.8% Hardcover increase of 90 s.f or 15.6% List of Exhibits A - Application B - Addendum C - Property Owners' List D - Plat Map E - Gustafson Report 3/8/96 F - Detail of Survey Locating Existing Walls and 75' Setback Line G - Hardcover Inventory 75-250' Setback Area H - Survey I - GME Report 2/29/96 Zoning Application #2114 March 11,1996 Page 2 J-1 -2 Profiles of Soil Exploration and Correction K - Cross Section of Wall L - Resolution No. 3651 M- Photos of Bank 1987/1996 Brief Review of Application In the summer of 1987, many properties within the City sustained severe erosion resulting from back-to-back 100 Year Storms. The City adopted an emergency ordinance that would allow immediate repair of eroding banks. The City did not require conditional use permits but encouraged property owners to proceed with necessary repairs as long as the City staff was to issue land alteration permits covering improvement. The 24’ of wall that exists within this property and the properties to the north were improvements conducted during the effective period of the emergency ordinance of 1987. Review the photos. Exhibit M, there is an existing timber retaining wall within a portion of the 90 lineal feet of the bank that is in a state of deterioration. There are visual signs of erosion of the bank. It is the applicant's plan to install the same treated timber walls constructed to the north. The Engineer strongly recommends installation of a modular wall as a permanent solution to the problem. For obvious aesthetic reasons, applicant wishes to proceed with the timber wall installation. Review Exhibit 1, the applicant's consultant has submitted an engineering report for a two-tiered retaining wall ranging from 6-8' in total height. Gustafson asked for information on the structural capacity of the proposed helix earth anchors to be used in the installation. He also asked that the City be contacted at least 48 hours before the wall is installed. We recommend that applicant present plans to the County Highway Department for their review as certain activities adjacent to County right-of-way will be conducted within portions of the right-of-way. A permit will be required from the County for all work done within the right-of-way of the County road. The wall will be located within the lakeshore protected area approximately 69' from the 929.4. The improvement will result in a hardcover increase of 90 s.f. or 15.6% within the 0-75' area. Issues for Consideration 1.Since additional hardcover improvements are being proposed in the 0-75' setback area, should additional hardcover improvements be either removed or reduced in the 75-250' setback zone of the property (refer to Exhibit G)? r V Zoning Application #2114 March 11,1996 Page 3 2.Should special landscaping be required at the top of the second tier of retaining wall to minimize danger to users of lakeshore yard of property? Ceil Strauss of the DNR called to discuss the application and advised that since wall is located within the 0-75’ setback area that some type of planting should be installed to minimize visual impact of two-tiered retaining wall from lake. 3.Are there other solutions to a two-tiered retaining wall? If bank was to be gradually sloped back from County road, major retaining walls would be required along sides to uphold higher elevations of adjacent properties. What other solutions are available to applicant? 4. Other issues raised by Planning Commission. Options of Action To either approve or amend the current proposal. Any condition of approval must include the following conditions: 1.Applicant to obtain a permit from Hennepin County DOT for work conducted within County right-of-way. Applicant to also include a planting schedule for type of plantings to be installed at first and second tier of retaining walls. 2.City Engineer to review final grading and construction plan upon application for building permit. Applicant ’s contractor to submit information on structural capacity of helix earth anchors. 3.Applicant ’s contractor to contact City staff at least 48 hours before installation of retaining walls. 4. Erosion control shall be in place during construction until groundcover is restored. .... ww iTir ‘nTrr'J-----h-----ff* T-~~‘ TrnilMI » V J - * ^1 c .*; ; .I ~ ^ x:-i //cs.!ulr9 vi Application # //“^ Date Receired g? 'd?3->«y6» Amount Paid /f 1 CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address /V7S BAYOILC /\UUTwwO * • -------t t * * —— ^ ^ ^ Type of AppUcation to be FUed ^erfitiNit^ W/77f>^J ys^ of lAkies^o^ Property Identification Number (P.I.D.) /O 1/ ~7 - 2,Z " 3 applicant Name Thh:>/Y\^^2_, MCCurJe. Phone (home) Phone (work) V7 5'3a^^ a ^ 7 5Ti<30 (j gjryooZip S'S’3^ OWNER (if djff'iSSS^=S’P‘^‘ie Name /»» ^tw-»4. ^ AtName ' Address _______S/fT^g*City Phone (home). Phone (work)., S 5<^/v»g Zip 5/4yMg- Property Acquired ( 7 ^do no^ also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - $ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) $225.00 Guest House/Guest Apartments __ i %’ $200.00 Duplex Credit/Bldg " $300.00 Commercial/Industrial Use _ «^ $250.00 Land Alteration _ ^ . Grading and filling - designated wetland or floodplam ~ Grading and filling - 101 cu. yc. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change fi’om original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS , r ^ $250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation $200.00 Easement Vacation $100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) ~ $350.00 Comprehensive Plan Amendment ~ $100.00 Appeals Other - sec Fee Schedule PRESENT USE OF PROPERTY Present Zoning District L~K~ I ^------ Present Use of Property Residential Other (specify). ; T 2. 3. •• '•r REQUIRED SUBMITTALS "If 1. -)f Completed Application Form. i f' - Describe request in detail. ceiTG^j Certified Property Owners List of owners within 350', labels and plat map (you must obtain thi< li^t, labels and nuq> fiom Hennepin County Department of Finance, A-603, Government Center, 348-3271), Certificate of Surveys (signed by a licensed surveyor) - refer to handout for survey information. s Attach legal description to application if not included on required surveya/ 5o^cyj 4. 7. 5. ^ 6. /y /a Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. T^is would include name(s) of applicant(s) if not curreat owner(s). ji/>* Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. 9. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11” X 17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_________________________Date___________ APPLICANT’S SIGNATURE The applicant hereby agrees to provide ail information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual experxses incurred in revif*”' of this application, and certifies that the information supplied is true and correct to best of his/her knowledge. Applicant's signature -C-Date 6 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council .members for pu^oses of investigation and verification of this request. Owner's signature :rs tor pu^oses ot mvestigauon ana v Date ^ a. Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. J u J / City of Orono 2750 KeUcy Parkway P.O. Box 66 Crystal Bay, 55323 Attention: Michael P. Gaffron Assistant Planning and Zoning Administrator i ••. f a. • : y j February 20,1996 Dear Mr. Gaffron, We recently purchased a home at 1473 Bay Ridge Road which will be our principal residence. As you know,we have just received minor variances for side setbacks and hardcover (26.7% in the 75-250 ft. zone) from the Orono Planning Commission and Orono City Council. Enclosed herein is Conditional Use Permit application to construct (actually extend) a timber retaining wall in the 0-75 ft. zone (specifically in the 69-74 ft. zone) as shown on the enclosed survey. During the summer of 1987, heavy rains caused failure of existing retaining walls at the property lines along County Road 15 and caused major erosion and, in fact, partial closure of County Road 15. (See photos enclosed). In 1987, new timber retaining walls were built at 1461 and 1449 Bay Ridge Road, my immediate neighbors to the north, and at 1485 Bay Ridge Road, my immediate neighbor to the south. The wall at 1485 Bay Ridge was subsequently buried for personal visual reasons. Concurrent with the building of the wall at 1461 Bay Ridge, 24.3 ft. of the identical wall was built along my property line, but not extended the full 115 ft. total length of my frontage due to economic reasons. In recent years, feable attempts have been made witft ’‘stakes and boards on my hillside in an attempt to control erosion on the embankment.(see photos enclosed) f This request respectfully asks permission to build a two tiered, engineered timber retaining wall on the remaining 90.7 LF of : frontage to complete the wall that was previously started. This wall would retain approximately 8 feet of earth at the north end and 6 feet at the south end.There will be no change in grades,contours,or drainage as a result of this retaining wall. The wall will be designed by a Registered Professional Engineer and constructed by a firm experienced in this type of construction. This wall would not only be functional to eliminate erosion and the risk of failure but would improve the aesthetics significantly. As you can see from the pictures, the walls on the adjacent property have nice plantings and are quite attractive. Enclosed herein are: 1. General Land Use Application Form. 2. Certified site survey prepared by Egan, Field, & Nowak Inc., dated October 24,1995. 3. Survey showing location of proposed additional wall, as well as lot lines, property comers and setbacks from the 929 ft. Lake Minnetonka high water line. 4. Hardcover calculation worksheet which was part of the recent variance application. 5. Photographs showing major erosion in 1987, photos of the newly constructed retaining wall along part of our hillside at the completion of constuction in 1987, recent photos of the front of our property and photos depicting the current condition of the walls on the adjacent property. 6. Check for the $250.00 Conditional Use Permit fee. 7. Certified Property Owners list, labels and plat map 1 r*V i 172I WV' "H •-* A 4 i M I 8. Constriction plans,details, and sections. 9. Signed Data Privacy Advisory form. We would appreciate approval to do this work at this time,concurrcnt with construction of our sunroom addition. 2150 Shevlin Drive Wayzata, MN 55391 ^1- f i\ . t I -------------- ■ > CERTIPICATl OP laiLING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I Jamie Bosma,of the City of Orono. Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2117, was mailed to the attached list of property owners. L ■ mu nm n fc ^ i — . ^ '*• J . »* • I'*•' •.-V . •: > M RUN DAT! 10/0S/9B . • •BATCH BOA A‘i\p;v> : P'KfK*"-^'-t•' ■ ■ . •*. ■■11 dO« ■ ; • . . lA aana *inna i •* nnn^a *. * *i *■ * ItEitiePZN COUNTY PROPERTY INEORHATIO»4 SYSTEH PROPERTY OEMERS LIST REPORT NO. PI415A01 PACE 14 • • •^•W: PROP ‘AbOR > ooose. ; aodress‘unasbigne6 ' ^[)'> ONNiR NAHBi; HCLEOO REO'RAIL AUTH TAXPAVBR i 3<- RAKOTA rail ' ZNC SB 10-117-ES ii ooot REEAS NORTH.SHORE OR <• . .• kXNOSLEY H:HURPHY JR KINOSLEV H'NURPHY JR P C CORkTT A J P CORNETT y?.' I,: OP KE|WER ^TAL PAUL C I JOAMU P CORNETT ' ‘ SB 10-117>ES S4 OOOS 01449 BAY RIOOE RO . 0,0 A 0 B NESTby oerAld 0 A OIANB, B HESTBY 1449 bAy RiOGE RO ORONO »t4 . B5S91 .. • SB 10-117-ES 1^ 0004 014B5 BAY RIOOE RO •i . URBAN P KERBER n^JL'ri tO. , .■I . V m . % .• •% • • ....• 'f . ,4- *. • \ vWv-.Jl ... . •V ■ . : •• , .. • ;. ^ . ■ ■ } i-i • ; t A . p* •. •/•f. • • ••‘4 v.V*-.. V: •I . '* ’ i ***^'’ ’ ’ .* * ■* •* f * ■ V '• REPlESEKTEb ARE AN ACCURATE ANfi VrUE , REFRESHWmON .Ot INFORMATION . AS IT, APPEARS THIS DATE ON THE RECORDS OF THE HEltePlN COUITY DEPAR^NT OF PROPERTY TAXATION, tO THE BEST OF HY KNOHLeOGE ANO BELIEF.Vr / - ; ^ ^ ^ DATE V . • • V' •/ Wl'SlH »•*-* I • *• : a!- I • I »-* 3-09-1‘>I« 12:5 IPfl FROM eONESTPOO * ASSOC 612 6Ito 1311 P. I ^ J Bones troo Rosene Ancferlik & Associates Engineers & Architects eoi-e;tfoo. An^eHit «Kf ASSOC/3t«l. n m C tfo <% Soncscroo. PX Sc5e«t JV. I^osenc. P.C.* MA<v«n L Servala. PX fJchjra L Turner PE Ci«nn e, coo< ei TTK»niaj E. NOfti, P £. Pocea 0 ScnunicM. PS. Sutjn M. EOevtin. CPj\.* * SMor Consultant March 8, 1996 Nowero A Sanfora PS KeifH A. Cordon. P f. Po6«rc R- Pfe#farit. pj. ticnard W Poster. p.c. Oavid O. lehrotai PE tooof t C. Pusiefc, Aj A JCrry A. Bourdon, rs Mane A. Hanton. P C Michael T Cauof^ann. P £. Ted K. ReidL PS momas R. Andor«on, A.LA. jamei P ffaienmrrtri. P C Conoid C BurgardL PS. ThemaJ A. Syfuo P E Efederie J Stcm>orQ. P C. ismaai A4actln«« P t. MKhifi f. Rau. PS Thomas w Peterson. P f. AmrTnjffve Actton.toual Opportunity ^hplOydir Michael C Cyn<h. PS tnan it. OO^. PS iamet R Maiand P P Jerry 0 PerTT«ch(, Seen J Argar^cA P-L Rtnrsech P Anderson. P Mart It Rolfs. PS Mara A. 5eip. P S Cary W. Morion. P S Pam J Garviorv ASA. OaniM X Mgortort PS A. Rk* sePovodt P f Ma A. Grove. P S PhidD A CaiKvea PE Mart O waiar pi( M*4es B. Jensen. P.f. L. PMHlo Crevei. P t. Rartn l Wiemen. p c Gary O P | E Ton.1 Foster. PL Keith t. rood. PA Douglas A fenoit. Pf .Vsawn O Gustafson. PS. CccHio Olfvier, PS. Rent J. wapnar. PS Pam a Heuor. P C. Mvt P. Gordtr. PS. Oan O Boyuiit PS. Jeffrey J CFHcrlnger. PS. Josrpfi R Rhttn. PS. tec M. Mann, f S Charset A f Aet.'on Leo M. Paweisty Hartan Mi Otton A^f'.fs M Ring Jamei F. Engcihardi Ms. Jeanne A. Mabusth. Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay. Minnesota 55.^23 Re: McCune Retaining Wall File No. 139-2117 Dear Jeanne, We have reviewed the proposed timber retaining wall extension on the McCune property at 2150 Shevlin Drive located on the west side of Shoreline Driv ’e in the southwest quarter of sccilon 10. We have the following comments in regard'; to engineering matters. 1. Retaining Wall: The design prepared by GME Consultants, Inc. is acceptable. Information on the structural capacity of the proposed hcILx earth anchors should be provide for our review. The applicant should contact the City at least 48 hours prior to the wall installation to schedule an inspection. The insp>eaot should verity that the construction recommendations detailed in the GME report arc implemented. It appears that some of the work will take place in the right-of-way for Shoreline Drive (CSAH 15). The application should be submitted to Hennepin County for their review. The applicant desires a timber wall to match the appearance of the adjacent wall. We do not recommend timber retaining walls as a permanent .solution. Concrete modular block retauiing walls arc a more permanent option that .should be considered for tin’s application. Erosion Control: Prior to starting the work, proper erosion control measures must be in place, such as silt fence. Shortly after the work is completed, the disturbed areas .should be sodded or .seeded with a suitable ground cover. PIea.se contact me at this office if you have any questions regarding this matter. Yours verv trulv. BONESTROO. ROSENE, ANDERLIK & ASSOOATES, INC. Shawn D. Gustafson. P.E. 2335 West Highway 36 • St. Paul, MN 55113 ■ 612*636-4600 I ’0^7- ■' ' <^, - rn^-C-'Av^ ^//>, ^ ..^^..^z/yfe j=12.c/a '.'? 2 f * V ^/Tiif Co//,-Z'J.i —- •. ^ /i73 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE; (CIRCLE ONE) 0-75’Cj^ <D EXISTING FLARDCQVER IN ZONE A. House _______________27 Lsoyiti Widih X X X kSj B. Garase v C. Dnveway zz. D. Sidewalk X > X X ^ X X £) E. Patio/Deck X X 7 /7> H-5'^77 F.3 I ■Uadffflain- Bv Ptasac & O. Cier --------aj_ X X X ;c X S8 ss YVz^ 5/?eD‘ TOTAL K.^RDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE V<9V^B vev4 X 100 = Z X /OO 0 A.House @ S J N Roo^ W^txJ B.R./q; B.Garage C.Driveway (©D.Sidewalk 6<r ay Lengtti z V X X X WidA Z£X X x'/ X X E. Paiio/Deck (g) ^oetfce<«'a>) (B> ’OO^ @ I z- 8 X X 2 F. Laadsettpa Uadarlain 3/X X X G. Other sHeo Jo 3 S' HW ( poo TOTAL HrXRDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - A ^ ^ ^ ® 2.0,3^C> X 100 ^ syzs". -r & 20,^00 SuecArt^ ^oxTjs:Pc£y<^ 250-500*500-1000’ i.7sr S.F. S.F. ss S.F. «S.F. IS /S.F. , ?vti / Ti s.^ G S.F. C S.F. it S.F. S.F. \ Z73 S-o^ 1ST S.F. S.F. 30H v<? S’o S.F. S.F. S.F. 5.'. i \ GO Vrt '’i' M ^ O' S.F. JjoHit S.F. A 10.300 S.F. B i 9,q ^ 2 3.9 =;Lis S'S.F. ^3Z S.F. S.F. S.F. • ^5d>3 S.F. TV S.F. S S.F. ss //V S.F. -S.F. QH S.F. cs 6V S.F. S.F. . -a S.F. —S.F. io SF -5 TO S.F. »• S.F. ao,3 0<3 S.F. SS 2Z.Q ^5V^// 2<i.7 %Wy A B r ■i j J • • r ■It- ■*: • GME CONSULTANTS, INC. CONSULTING ENGINEERS 14CXX3 21 St Ave. No. / Minneapolis. MN 55447 Phone (612) 559-1859 / Fax(612)559-(3720 til February 29, 1996 Mr. David Kline, General Manager Aspen Landscape, Inc. P.O. Box 640 Wayzata, Minnesota 55391 GME Project No. 5952 RE: Design recommendations for the treated timber retaining wall at the McCune residence in Orono, Minnesota Dear Mr. Kline: This report presents our design recommendations for the proposed timber retaining wall at the McCune property in Orono. This work was performed in accordance with your written acceptance of our contract dated February 27, 1996. Project Description The property owner, Mr. Tom McCune, has retained you to construct a timber retaining wall on the residential lot at 1473 Bay Ridge Road in Orono. Mr. McCune has requested that the retaining wall should be similar in appearance to the wall on the lot immediately to the northeast, which was constructed in 1987. We understand that the wall was constructed in response to erosion and localized instability of the previous embankment. Details of the adjoining retaining wall construction and past slope stability problems have not been made available to us. The proposed retaining wall will be 90 feet long. The wall will be tiered, and retain approximately 8 feet of embankment at the north end of the wall, and 6 feet of embankment at the south end. Horizontal separation between the tiered walls will be four feet. The grade behind the upper wall will be a level lawn, therefore, an additional surcharge loading will not be included in our design. Scope of Services Our scope of services for this project, as outlined in our contract, is limited to providing design and construction recommendations for the proposed timber retaining wall. As you requ.ested, we will design the lower wall to be tied back with Huesker Fortrac 35/20-20 geogrid. desire the upper wall to be tied back with 4-foot-long, single 6-inch diameter helix, earth anchors. However, you also requested that we WILLIAM C. KWASNY. RE. GREGORY R. REUTER. RE. MARK D. MILLSOP. RG. THOMAS PAUL VENEMA. RE. WYATT A. GUTZKE. RE. SANDRA J. FORREST. RG. An Equal Opportunity Employar will lAM E. BLOEMENDAL. RE. M6RVYN MINDESS. RE. STEViN J. RUESINK. RE. 1 Mr. David Kline February 29, 1996 provide alternate recommenlations for tying the upper wall back with geogrid. Our recoram^ajia^i^a* ■ are limited to detnrminjng the required geogrid lengths and elevatxons for both the upper and lower walls, and also recommending the number, location, and spacing of the upper wall earth anchors. We will also provide general backfill and construction recommendations. Design B*f»f>ii«iendatiiQng Soils information is not available, therefore, we have had to make certain assumptions for our design. We assume that the retained soil will consist of sandy clay till, having a moist unit weight of 125 pounds per cubic foot, a drained friction angle of 27® and a remolded undrained shear strength of 250 pounds per square foot. We have performed a preliminary global stability analysis using our assumed soil parameters. The results are attached. The soil parameters must be confirmed through an appropriate test program in order to perform a final, more detailed, stability analysis. We recommend that the wall be constructed of properly pressure-treated, sound timbers. The units should consist of 6 inch by 6 inch timbers 8 feet long. Adjacent timbers should be fastened together with steel spikes, or nails, inserted into predrilled holes to minimize the potential for splitting of the wood. The lower wall should be embedded at least one timber course (6 inches) below final grade in front of the wall. We recommend that the lowest timber bear on a compacted gravel base, having minimum dimensions of 6 inches deep by 1 foot wide. The base soil should be compacted to at least 95% of the Maximum Standard Proctor dry density. ASTM: D 598. Prior to constructing the gravel base, the exposed clay svbgrade should be observed for soft or loose zones. These zones would require additional subcutting and replacement with compacted granular fill. We recommend that the timber wall be constructed with a slight batter of 5 to 10 degrees back into the retained embankment. This could be accomplished by either off-setting each row of the timbers from the row below to provide the necessary setback, or placing the timbers flush but lea’'iing the entire wall back into the backfill. The wall backfill could consist of on-site compacted sandy clay. However, we recommend thar. within 1 foot of the back of the wall the fill consist of free-draining granular fill such as Mn/DOT 3149.24. The first timber course above grade should be gapped about 3 inches every approximately 20 feet to allow drainage of the water out of the retained granular drainage course. We recommend stapling a piece of geotextile filter fabric over the opening on the backside of the wall between the wall and the drainage course to prevent migration of rock through the opening. GMI COMtULTAMtt. INC. ( A Mr. David Kline February 29, 1996 The lower timber wall should be constructed with two rows of Huesker Fortrac 35/20-20 geogrid extending 4 feet from the back of the wall into the backfill (total grid length 4.5 feet). The first grid layer should be placed a distance of one-quarter of the wall height up from the exterior grade elevation, and the second grid layer should be placed a distance of one-quarter of the wall height down from the top of the wall. Therefore, for the 4 foot wall height, the first grid will be placed at a height of 1 foot above exterior grade (1.5 feet above base of wall^ and the second grid will be placed at a distance of 1 foot from the top of the wall. The geogrid should be secured to the timber with galvanized steel nails. The grid should be pulled taut and again staked into the backfill so that the grid remains taut during backfill placement. It is extremely important that the grid remain taut during backfill placement in order to reduce future creep movement of the wall. The clay backfill should be placed in loose lifts not exceeding 6 inches in thickness and should compacted to at least 95% of the Maximum Standard Proctor dry density at a moisture content within 2% of optimum value as determined by the Standard Proctor test. The backfill should be compacted using manually-operated vibrating plate compactors. The upper wall should be reinforced either by geogrid or by earth anchors. The upper wall should be embedded at least one timber course (6 inches) below final grade in front of the wall. We recommend that the timber wall be constructed with a slight batter of 5 to 10 degrees back into the retained embankment. This could be accomplished by either off-setting the timber to provide the necessary setback, or placing the timbers flush but leaning the entire wall back into the backfill. Within 1 foot of the back of the wall we recommend placing draining granular fill such as Mn/DOT 31149.24. The first timber course above grade should be gapped about 3 inches every approximately 20 feet to allow drainage of the water out of the retained granular drainage course. We recommend stapling a piece of geotextile filter fabric over the opening on the backside of the wall between the wall and the drainage course to prevent migration of rock through the opening. If qeogrid is used to reinforce the upper wall, we recommend that the wall be constructed with two rows of Huesker Fortrac 35/20-20 geogrid 4 feet from the back oi the wall into the backfill arid length 4.5 feet). The first grid layer should be placed a distance of one-quarter of the wall height up from the exterior grade elevation, and the second grid layer should be placed a distance or one-quarter of the wall height down from the top of the wall, as previously described for the lower wall construction. The geogria should be secured to the timber with galvanized steel nails. The grid should be pulled taut and again staked into the backfill so that the grid remains taut during backfill placement. The clay backfill should be placed and compacted as previously described. OMI COMSULTAMTt. INC. Mr. David Kline February 29, 1996 Alternatively, the upper wall cculd be restrained by installation of earth anchors. You indicated that the anchors you plan to use for this project would be 4 feet long, having a single 6-inch diameter helix. We recommend two rows of earth anchors. The lowest row of anchors should be located along the wall face at a height of 25% of the wall height up from the grade in front of tv- wall. The upper row of anchors should be located a distance of of the wall height down from the top of the wail. We recommend that the anchors be spaced 3.5 feet on center with the upper row of anchors off-set from the lower row of anchors by 1.75 feet (21 inches). The anchors should be carefully rotated into the clay soil at an angle of about 10* down from horizontal. Careful installation of the anchors will be required to reduce disturbance of the clay as the helix and shaft enter the soil. The anchors should be advanced by mechanical means. Each anchor n\U8t be installed so that the entire 4 foot length is embedded into the soil. The anchor should be properly tensioned and appropriate secured to the timbers. An important component of the retaining wall will be pedestrian safety. Our scope of services is limited only to the design of the timber retaining walls. The owner will be responsible to provide adequate pedestrian safety devices such as raj.lings or fencing. We recommend that you complete of the "Project Quality Contractor - Project Completion Forr" after construction. It is understood by all parties that the contractor will be responsible for the methods and results of their work. We will not warrant, assure or guarantee the work of the contractor. The contractor must comply with the latest OSHA regulations for trench and slope excavation, and general construction site safety. The contractor must designate one of field person as the OSHA "Competent Person" who must be capable ^ t identifying existing and predictable hazards on site, including » emporary slope stability. The Competent Person must )iave authorization to direct prompt corrective measures to eliminate hazards. GME will not accept any responsibility or liability for construction safety on this project. The recommendations contained in this report are based on^ our understanding of the project and represent our professional opinions. These opinions were arrived at in accordance with currently accepted engineering practices at this time and location. Other than this, no warranty is implied or intended. Our recomme.ndations are based on certain assumptions stated in this letter. If different^ soil conditions are observed during construction, we must be notified so that we can review our recommendations. I I 6MC CUMBULTAMTS. IMC. • • Mr. David Kline February 29, 1996 If you have any questions concerning this report, please contact us. Sincerely, GME Gregory R. Reuter, P.E. Senior Project Engineer Mervyn M^dess, P.E. Principal Geotechnical Engineer Enclosures:Typical Wall Cross Section Global Stability Analysis Geogrid Specifications Project Quality Contractor - Project Completion Form GRR:kae c:\grr\S9S3.tpc I hereby certify that this plan, specification, or report was prepared by me or under my direct supei^ion and that I am a duly Registered/^ofessional E^ineer ^der the laws of tlwState of MirfftMOl Date Gregory R. Reuter Reg. No. 19885 V - GMf COM8ULTANTS, IMC. Morauror • • i • • • ••t * • HUESKER inc.GEOSYNTHETIC RESEARCHiNsrmrrE % < • FORTRAC geogrids Fortrac geogrids are comprised of are very pUable for violei exposure. The primary reinforcmg direcuon tor aU Fortrac geogrids is ir. rite long direcdon of the roll (also called the machine direction). unnecessary exposure and damage. Sf!** ^naratioTU The contactor should eacavam to dt. lines plans. The contractor should lake precauuons to mimratze over excavau pniindation Soil Pre The foundadon soU shall be excavated as minforced soU zone as shown on Umt the design engineer. The foundadon sod should Sgn tearing strength. meeting the design criteria. surface on which to place the first course of modular block urn s. Placement The Foruac geogtid should be insiaUed ",d>® ^ l„a.er^tetallsond.pro^^^^^^^^^ m pSa^re doming direcdon should be placed peT«ndicular to the wall face and should be one continuous piece of material. Apnfs^'do'ns of geogrid should be butted in a manner to assure 100% coverage after placement 1t107A South Commerce Blvd. .P.O. Bo* 411529.Chadone. NC 28241 .Telephone (704) 588-5500 / (SCO) 942-9418 .Fax (704) 588-5988 I HUESKER inc MKMBeXOF GEOSYNTHETICResearch Institute Fill Placemgnt The reinforced fill should be placed as shown in the construction plans in 6-8 inch lifts and compacted to a minimum of Standard Proctor Density (ASTM D-698). Backfill shall be placed, spread, and compacted in such a manner that eliminates the development of wrinkles and/or movement of the geogrid. Tracked construction equipment should not be allowed to operate directly on the geogrid. A 6" minimum thickness of backfill is required prior to operation of tracked vehicles over the geogrid. Rubber*tired equipment may pass over the geogrid reinforcement at slow speeds less than 6 mph. Sudden breaking and sharp turning should be avoided. Although the PVC coating should protect the geogrid from UV exposure indefinitely, Huesker recommends that the soil cover should be placed over the geogrid within 14 days as an extra precaution. Only hand-operated compaction equipment should be allowed within 3 feet of wall face. Drainage placement shall be placed in accordance with the construction plans or as modified by the wall design engineer. This may consist of a drainage collector pipe in combination with a drainage net in order to maintain gravity flow to the outside of the reinforced soil zone. S968 11107A South Commerce Blvd.. P.O. Box 4 it 529. Charlotte. NC 23241 . Telephone (704| 588-5500 / (000) 942-94 18. Fax (704) 588-5988 * k ^11 OME CONSULTANTS. INC. Gsotsohnicsl • Mstarisii • Erwirorffnental 14G00 21se Avsnus Na ^pneapois. MN 55447 PROJECT QUALITY CONTRACTOR - PROJECT COMPLETION FORM (To be submitted to GME Consultants. Inc. upon completion of the job) Project Name Address Wall Size Wall Height: Maximum Minimum Your Company Name General Contractor Wall Installer (if different) Your Project Manager Your Project Foreman Completion Date CERTIFICATION (to be signed by persons directly constructing and/or supervising said construction) I certify that the above noted project was completed in accordance with installatoin recommendations by Rockwood, Inc. e i.d the GME project drawings and recommendations. Installer's Name Title Installer's Signature Company Officer Date . Title (Please Print) Officer's Signature Date - ffit. <4<f4/*^<T/^gV Material Unit Mt C Phi Piezo pcf psf deg Surl. REINFORCED FILL K) 27 1 EXISTING SOIL Oo27 1 A/or£* ferii <•»''»» 9t ^€%t /4r|4i|4^ 0 0 CME Consultants - Minneapolis 5952 McCUNC flESIDENCE 28 FEB 1996 GLOBAL STABILIIY ANALYSIS 5952.GSL 9 6 7 6 5 4 3 2 1 0 -I I -20 I 10 I 10 "" \ F • 1.658 ; \Cl - 9 - 8 - 7 - 6 - 5 - 4 - 3 - 2 - 1 — 0 - -1 I 20 1 1 ¥ -20 Material unit Nt C Phi Piezo pcf psf deg Sorl. REINFORCED FILL 125 10000 27 1 EXISTING SOIL 125 100 27 1 A/^rt»1^444^^It? fftr Ru 0 0 DC Consultants - Minneapolis 5952 McCUNE (CSIoeNCE 3FEB 1996 GLOBAL STABILITY ANALYSIS a; 5952a. gsl - 9 - 8 - 7 - 6 - 5 - 4 - 3 - 2 - 1 — 0 -10 'im f f ff. e*m0ntru <Mf tk» f-l#* T»e4Tt» ■n*wiai^t-.k-*t.n CtmfAerU CtAi CA0 /^r// It WtfyiiO ^TUir/ir% Math A i^lh^a UHAtP C^W^cMf #nl*ffTt S^iU. OA4ifilA^ Ptu. W»r6; 6£»*4.0 »wr# Tw-«WJ ^AiLia ^ T*^4^5 Sc^le pLk^a hHA T\> <t£/.*T Of,r4tu5 /"* 3 TifilCAL 5£cr/0A/ McCu/Vfi. 4£Sf0i^c£. AB.T. OAcff^, MiHt4£i*rA GME CONSULTANTS, INC. Geotai^v^ • Msterials • Environmental 14000 21st Avenue Na Minneapolis. MN 55447 1Hma iTiWn [•. '>r • . ^(CUkl?.’ ■ -niemfm»e.7Alk^ •i* V;ri CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^51_____ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.23, SUBDIVISION 6 (B), 10.22, SUBDIVISION 2, and 10.56, SUBDIVISION 16 (L) FILE NO. 2084 WHEREAS, Thomas R. McCune (hereinafter "Ac appli^t") ihe property located at 1473 Bay Ridge Road tcithin the C.ty of Orono (hereinafter and legally described as follows: Exhibit A anached (hereinafter "the propert>'"); and WHEREAS, the applicant haa applied to the City for a variance to Municipal _ , o im*; ^subdivision 6 (B) to permit the construction of a Zoning Code Section 10—’’ ^ ^ m- fmm the side lot line where a 30’ side setback is normally allowed. Minnesota: 1. j. NOW, THEREFORE, BE IT RESOLVED by the Ci? Co'ancil of Orono. FINDINGS This application was reviewed as Zoning File =^2084. The propern- is located in the LR-IA Single Family Lakeshore Residential Zoning District. The Orono Planr.tng Commission reviewed Lhis ^PPHcation on Kovemb^^^^ 1995 and recommended approval of the proposed variances based upon following findings: A. The proposed side setback of 10’ tor Ae garap ^^nnmenrm Ae instead of the required 30’, is consistent with oAer eve p neighborhood. Page 1 of 6 r / CITYof ORONO RESOLUTION OF THE CITY COUNCIL 8 651NO. B. C. The new saraae addition will result in the removal of the existing Luched which is located less than 3' font the south s.de lot Ime wh«e cJnem standards for a detached garage would require a 10 minimum setback, thereby eliminating this non-confomung structure. The oroposed location of the garagetbedroomtltath addition in the northerly half of die progeny will minimize the a.-uount of dnveway hardcover in the 75-250' zone. The proposed sunroom is over an existing deck and therefore constitutes no new ^hardcover in the 75-250' zone. Further, the proposed dL no. encroach on die average lakes!,ore setback, and its location 27 fZ "he lot line tviU have no impact on neighbonng propemes. The increase in hardcover on the property from 23.9% to 26.7% is Wng ^ hv removal of a portion of the existing deck, as well as ^*”**^al of the detached earaee and existing sidewalk. Hardcover in die 250-°500 ’ zone of 19.9% where 30% would be allowed also is a positive aspect of the proposal. Because the existinc septic svstem is located in the area of the proposed oaraae/bedroombath addition, and because that septic In use until/unless municipal sewer is provided to the property, appropriate that construction of this addition be delayed ^ that sewer is available, while the sunroom addition will not be hinde by the septic system location. The Citv Council has considered this application *e frndin^^^^^ recommendations of the Planning Commission, reports by Cm staff, by the aoplicant and the effect of *e proposed variance on the health, salety welfare of the communin'. E. F. Patie 2 of 6 CirYof ORONO RESOLUTION OF THE CITY COUNCIL 8 651NO. 5.The City Council finds that the conditions existing on this propert>’ are peculiar to it and do not apply generally to other property in tliis zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary* to alleviate a demonstrable hardship or difficulty; is necessary* to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23 Subdivision 6 (B) to allow a side setback of 10 for the garage/bedroorn/batn addition and a side setback of 27 for the sunroom addition, where 30' side setbacks are normally required, and graiits a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover in the 75-250' lakeshore setback zone at 26.7% where only 25% hardcover is normally allowed, subject to the following conditions; 1. *> Hardcover in the 75-250’ zone shall not exceed 5,425 s.f. or 26.7% per the hardcover schedule and diagram attached to tiiis resolution as Exhibit B. All hardcover to be removed in the existing deck area shall be removed prior to footing inspection for the new sunroom. Occupancy of the new garage/bedroom/'bath addition shall not occur until the existing detached garage, blacktop driveway and sidewalk have been removed. Applicant is advised that any future proposals for hardcover in the 75-250 zone will require a variance application, and might be approved only in conjunction with concurrent removes of existing hardcover, resulting in no hardcover increase. The standard 30% hardcover allowance in the 250-500' zone shall be reduced by the 350 s.f. overage in the 75-250' zone. 2.The new driveway to be located along the north lot line shall be constructed no closer than 5' from die north lot line to allow* for snow storage, etc. Page 3 of 6 CITY of ORONO resolution of the city council 3 65 ’NO. J. 4. 5. 6. 7. A permit for the garage'ltedroomAjath addition shall not be issued by the Cay until such time Uiat municipal sewer is available for connection to tire property or until such time that a new conforming septic system has been installed. A construction permit for the sunroom shall not be issued until one of die following occurs; a.Applicant executes a "Septic System Upgrade Agreement" and provides the required Letter of Credit to ensure that llie septic system will be upgraded in a timely manner absent the installation of municipal sewer; b.The City Council has ordered the installation of municipal sewer to serve the propel ty; or A new conforming septic system has been installed on the property. Authorities granted by this variance run with the property not widi the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or Uiis variance will expire on that date (December 11, 1996). Violation of or non-compliance with any of variance shall constitute a violation of the zoning code, shall terminate any authority granted herein, and shall be punishable misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms O tl re^ution a'd on behalf of himself, his -'-“'VtI'oT c hereby agrees to the recording of this resolution ,n the Cham of Title of the property. Page 4 of 6 *• • i,CITYofOROXO RESOLUTION OF THE CITY COUNCIL NO. 3 6 5 I 3. A permit for the garage/ljedroom/batli addition shall not be issued by the City until such time that iuunicipal sewer is available for connection to the property or until such time that a new conforming septic system has been installed. 4. A construction permit for the sunroom shall not be issued until one of the followine occurs: 5. 6. 7. a. b. Applicant executes a "Septic System Upgrade Agreement" and provides the required Letter of Credit to ensure that the septic system will be upgraded in a timely manner absent the installation of municipal sewer; or The City Council has ordered the installation of municipal sewer to serve the property; or c. A new conforming septic system has been installed on the property. Authorities granted by this variance run with the propertv' not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of llie date of Council approval, or this variance will expire on that date (December 11, 1996). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automaticilly terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on belialf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 4 of 6 • • • • t CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ ^ ^ Adopted bv the CiK Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of December. 1995. ATTEST: Dorothy M. <^lUn, Cit>' Clerk Edwa^J. CaU^an, Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. I": Ed vmf J ^^^d"y NT mmm M^o^r aS'd^cS of °“c”rof Sono, a Mtoeso.a municipal corporation and sa.d instrument «as execute behalf of the City. Notar^ublic Pase 5 of 6 \ 4 ..J CITYof ORONO RESOLUTION OF THE CITY COUNCIL 8 651NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPLN ) j f C\a ' 199 Cf before me a Noiar}' Public withinOn this it! day o( ^ and for said county, personally ap^red • V. tte foreaoina instruinent.and known to me to be the person(s) and deed.' acknowledged that he (they) executed the same as his (tneir)J N0w!wi»C*M^^«NNEP»N COUNTY rninmittkw notary /public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) iQQ^ before me a Notary Public within On this clay - r^r\tia.q;A—rr-jr' n a r(and for said cou^^rsonally appeared .^.i^cTTr H W, <„- mirtsL __nprcnn('s) descri and for said county. in and who e.xecuied the fmcwin7instrument.and Sirwl^dgeVLt he (th%) executed the same as his (their) free act and deed. CAROLE A. HASEMAN ^^^-,,-1—V. NOTARY PUBLIC Paae 6 of 6 r Exhibit A Resolutioii No. 3651 Legal Description (As contained in Certificate of Title No. 74093) Tracts E and N. Registered Land Survey No. 192. Files of Registrar of Titles. County of Hennepin, State of Minnesota. Together with an easement for driveway purposes c Tracts J, K. L, P* Q ^ R.ill in Registered Land Survey No. 192 as shown m deed Doc. No. 569269. Files of Registrar of Titles; Subject to an easement for driveway purposes over said Tract N as shown in deed Doc, No. 569269, Files of Registrar of Titles; Subject to a pubUc easement in the Highway known as County Road No. 7 as to Tract E; Subject to the portion of said land between the high water mark and the low water mark of Lake Minetonka to the public right, including the right of the Smc use or reclaim said portion for any public purposes now authorized by law, (as to Tra E). Also known as PINS No. 10-1 17-23 34 0005 7 i 'i .1C Ifl 0 ay N ■ • 19 0 I K X •I >9 H r« •■■••■■ II II X sr f N ^ I c3 • ^ I I I M U •>0 ^"5?« rl"? u “t: KS i?s U)o•c $?2 ^ !« •»! < N rv :b-c (D ^ ^tr Bc,^ *—I * • * N| i;i > r>. - • • »■ " ’ *■ ‘ >q - .: ■■ >•<: Xi7?.. 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Mabusth, Building & Zoning Administrator March 13, 1996 #2119 Barnett Division Corporation/Hilloway Corporation, 180 North Shore Drive West - Subdivision/Sketch Plan Zoning District: RR-IB Total lot area = 17.2 acres Application: Applicant proposes a six lot plat of the former White property located in the southeast quadrant of the intersection of 84 and 19. The former property owners were granted preliminary approval of a subdivision creating one residential lot and outlot for future development in 1988. The following ordinances are pertinent for this review: 1. Section 10.28, Subdivision 5 (B) - RR-IB lot standards. 2.Section 11.10, Subdivisions 6, 7 and 8 - Sketch plan review. No formal action of the Planning Commission is required. Members are merely asked to provide conceptual direction to applicant in order to prepare for the formal preliminary plat application. List of Exhibits A - Application B C D E F G H I J K L M - N - O - Location Map Engineer's Report, 7/15/88 Hennepin DOT Report, 7/27/88 Resolution No. 2508, 9/28/88 Preliminary Plat of 9/28/88 Weckman Memo, 3/8/96 Proposed Septic Locations for Current Lot Layout Alternate Septic Site for Residential Lot Created in 1988-Location of 75' Setback from Designated Wetland Wetland Map Conceptual Road Plan by M. Gaffron Lot Lines of Properties to Immediate East as a Result of Recent Lot Line Rearrangement, 1/96 Map Defining Suitable Septic Areas by M. Gaffron Gustafson Report of 3/13/96 Sketch Plan 4 d Zoning File #2119 March 13, 1996 Page 2 Review of Six Lot Plaf Applicant proposes a cul>de-sac road at the northeast comer of property providing access to three of the residential lots. Lots 2 and 5 will be served by individual curb cuts along County Road 19 or North Shore Drive. Lot 6, the homestead parcel, is to be served by an existing curb cut. Lots 1 and 3 do not meet the required lot width of 200' to the rear of the 50' street setback. Lot 1, shown at 2.1 acres, ma> not meet the two acre dry buildable requirement as wetland la northwest comer has not been designated nor accounted for in area calculation, review Exhibit J. Septic testing has not been completed for subdivision but applicant's surveyor has placed proposed locations based on topographic information. An alternate septic site was tested for proposed Lot 6 in an earlier 1988 subdivision, review Exhibit 1. As already noted above, the City approved a preliminary plat creating one residential lot containing the existing residence and a thirteen-plus acre outlot set aside for future development. The resolution granting approval of that 1988 subdivision. Exhibits E and F, established guidelines for the future development of the rural outlot. Exhibits C and D, the reports of 1988 from the Hennepin County DOT and the City's Engineer, address access and right-of-way needs that still hold true for the current review. Issues for Discussion Access The 1988 resolution specifically states that access locations for future development of Outlot A shall be subject to City and Hennepin County requirements at the time Outlot A is developed. The homestead lot was allowed to continue to use an existing access at North Shore Drive. Review Exhibit O, note portions of driveway and access are located within property to south. The City Engineer and Zoning Administrator completed an inspection of the area to determine suitable access locations along North Shore Dive. The existing access serving proposed Lot 6 is the most unsafe access of all proposed access locations with 50 m.p.h. speed roadway. Staff would recommend a shared access located closer to the shared lot lines of proposed Lots 5 and 6. It was clearly the desire of the Planning Commission during the sketch plan and preliminary subdivision review of the 1988 application to seek access to the majority of the properties through an internal road. Hennepin County selected the northeast comer at County Road 84 as the safest access location to the property and to discourage curb cuts close to the busy intersection. Access at the northeast comer is at the top of the hill and has the best sighting distance for the plat road. It was also the intention of the City to have an internal roadway located so that it would serv'e not only the subject property but the large outlot set aside for future development to the immediate east, review Exhibit L. An internal road should be designed such that road intersects east lot line of Outlot C, Bayview Farms, approximately 420+' south from intersection of County Road 84. ■ 5 Zoning File #2119 March 13, 1996 Page 3 Septic Review Exhibits G, H and 1, as already noted an alternate septic site was approved for original Lot 1 of the 1988 preliminary plat to ser\e the existing residence. Weckman now reports signs of failure of the existing septic system serving the residence. Staff will ask for additional septic testing for a principal septic system. Weckman also notes that a principal system must meet the 75' setback as it would be difficult to approve a substandard setback for both a principal and alternate site (alternate site was approved at a 55 setback from wetlands). The only other suitable are^ is to the west or street yard adjacent to residence. Dedication of additional 17 ’ of right-oi way for County Road 19 may have an impact on locating a septic system in this area. In ar; case, the well located at the northwest comer of the residence would have to be relocated in order to meet the required separation from septic system and well of 75*. Applicant must locate a principal septic site that conforms to the 75' setback from the wetland for proposed Lot 6. The 100-year flood elevations should be calculated as part of the process of locating suitable septic sites for both Lots 1 and 6. Wetlands/Drainage Review Exhibit J, there is an Orono designated wetland located to the south of the property and the National Wetland Inventory Map locates a much smaller wetland at the northwest comer of the property. The City will ask for drainage easements over the wetlands and drainageways. Lots I’s area must be adjusted to account for the wetland. Preliminary plat information must include a wetland delineation report locating Type 1 or 2 wetlands not included in original wetland inventory by City. As in previous subdivisions, ther.. wetlands will be protected by private covenants and the areas will not be excluded firom the dry buildable area of each of the rural lots. DpHication nf Road. Drainage and Utility Easements In the 1988 review, the City accepted Hennepin DOTs request for an additional 17 of right-of- wav for County Road 19 or North Shore Drive but denied the request for additional right-of- wav for County Road 84 along the north. The new preliminary plat will be sent to the Hemiepin DOT for their review. Any work within the right-of-way of the County roads require permits from the County. The City will ask for drainage and utility easements along the boundaries of each of the residential lots and may be omitted wherever the lot line intersects a designated wetland. t. Zoning File #2119 March 13, 1996 Page 4 MCWD Review The plan must be submitted to the Watershed District for review. The subdivision tor development will necessitate the installation of retention/sediment ponds to treat runoff from development before entering wetlands and control velocity of surface runoff from proposed development. Issue of Variances It will be difficult to design an internal road that provides access to the areas occupied by Lots 1, 2, 3 and 4 without either granting width variances or area variances for back lots. There are eight acres of dry buildable land and the area of the road must be excluded from the lot areas (also drainage easement areas of wetlands, drainageways, retention ponds, etc.). Applicant's subdivision may be limited to five lots rather than six. Review of Issues Raised by Staff 1.Need for principal septic site testing for proposed Lot 6. Septic site must meet 75' setback from designated wetland. 2.Existing access serving proposed Lot 6 is unsafe. The City will recommend a shared access for Lots 5 and 6 located close to shared lot lines of 5 and 6 on North Shore Drive. Two curb cuts will not be approved on North Shore Drive, classified as a collector road. 3.Area of Lot 1 must reflect location of wetlands designated in National Wetland Inventor}' Map and exclude area from dry buildable. 4.North half of property to be serv ed by an internal road accessing at northeast comer of property. Road to be located such that outlot (Outlot C, Bayview Farms) at east can be served by internal road to intersect at a minimum 400' from County Road 84 intersection. The City Engineer to make final recommendation. 5.Will you grant lot width or area variances for back lots served by internal road? Are we dealing with a five or six lot subdivision? 6. Other issues raised by Planning Commission. 1 .e O i 1 Qj- 1 11' irS3s^'1 jL i AppUcitloo # ' ^ _ Date RecdTcd - ^ 3 • 9 Amount Paid • i CITY OF ORONO - SUBDIVISION APPLICATION « * r««., M,L,e HL Property Identification Number (PID)-----------------^--------— Please check one - Property ^ abstract or torrens. ^ ^ . • •• Attach legal description to application. applicant Name !f\l/ f*!. Addre: City phnnff fhorr^'t ^ OWNER (if differenphan applicant) . Name r^.tO ■1 ^ t', City rtvfi-r 0t3 Phone (home)' (attach TisHf more than one) existing land use Number of Tax Parcels Development Size I /S./.rs± /7. 2- Present use (check) Present Zoning District Acres Dry Land Acres Wet Land •• • Acres Total, all parcels Residential; no. of units____L Other (specify) -------- PROPOSAL VC ^ Number of Building Sites “ ReaJ^gcTrOnly (no new bundling sites) Subdivision for New Buildmg Sites /_____ Existing Umts ?____New Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) 6' Units per ^ Acres ~ Sq. Ft. Dry Buildable Land ~ Residenti^ * Other (specify)_________ • f ‘ t . \ • • • •* • . • ♦ . •ONIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPUCATION . Payment of fees (refer to "applicatkw fees* listed below. Completed application form. . . Preliminary plat information on Certificate of Survey. Certified Property Owners List of owners widiin 350* (you must obtain this list fiorn Hennef^ County Department of Finance A*603 Govt Center 348-3271). ■m I. As an addendum to this application, please attach a separate list of any other penons you wish notified of this application. Coning Official's Signature______________________________________ Date__________________——:— • % dlNIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPUCATION Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). .. Signed Certificate of Survey or mylar copies of formal plat . Title opinion. Easements, covenants, etc. Developen Agreement and Letter of Credit Coning Official's Signature________________________________j_____ Date______ I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: Sketch Plan Review (Class 1, II &, 111) $250.00 _____ Subdivision of a Lot Line Rearrangement $350.00 _____ Subdivision Application (Class I & II) $350.00 ___ Preliminary Subdivision Application $375.00 $25.00/lot (Class !I1 & all non-residential) _____ Final Plat Application (Class III) $200.00 _____ Legal Review and Filing: _____Subdivision only $75.00 Subdivision w/easements and covenants min. $200.00 Totals Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) i . ■ • Renewal of Class I and II Subdivision Application $200.00 (No change from original application) Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) Renewal of Final Class III Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: _____ Proposed Private Roads $600.00 + $.50/lineal ft.; _____ Proposed Public Roads $900.00 + $.50/lineal ft.; lin. ft. X .50 - $ ’lin. ft. X .50 - $ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x new lots C, Flexible Application Fees/Misc. Fees Variance $220.00 ($50.00 per each additional variance) ^ Easement Vacation Associated with Subdivision $100.00 PRD Application with Subdivision S30.00/Dwelling Unit rhc applicant hereby agrees to provide all infor^tion required or requested by the Zoning Administrator, City Engineer, City Attorney, Manning Commission and C(^ncil necessary^ process this applic^bn and further agrees to pay all additional fees established by Dw-ieris Signature E)ate • ••• Snniiranf m.Kt have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings mood.. Appliconu must b. pmsco. a .11 scheduled .-evie., meedogs of the Plaming Cotmnisslou. md^uncil If tut moliciutt is Utiaile to aietid a scheduled meetiitg. pleme make anaiiBements to have an authorized agent attend m your slaco and to advise *e Building & Zoning OfHce of dtis change prior to the meeting. -.i m Bonestroo Rosene Anderlik & Associates Oao G. VuimBoa FX ffoac«t «v. Womttt, PX >99«pfi C Andffiat. f £, »idlM A. LtfnOtfQ. PX ficnard C. lUrwr. PC. James C Ohon, PX Glenn «. Cooiu Pt Thomas C. Noyes. PX iooeft G. SchimoJ*. PE. Marvm L Sonia. PC. iGHin A. Geww.. ft mirtani w. ftaar. Rt Mien..* C lyntA. Pf. OonM C. •»•«««-'< J.»« t. MHana. PE. A. laufltaa PE. «**»«. P Andtooo. PE. M«k A. H«on. r.t w«i A. iKtWMnn. PE. K. FlfidL PE Martt E- KoifS. PC- MKhaei T ftauonann. PE Hobeft C fuiseic. A I.A ■ooert E PfefNrte. PE Thomas C. Angus, PE Oavl a toioca. PC. MomO A SanlOrd. PE Chartft A. ErtdoDfi Leo M. Plwetaicy Hartan M. Olson Susan M. Ebersm Mart A Se«p Engineers & Architects •7fl f j JUL I ft J July 15, 1988 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mojce Gaffron Re: 139-1301 White Pond Estates Dear Mike: We have reviewed the preliminary plat on White Pond Estates. The proposed development is shown with all property access onto County Road 19. We would recommend that an internal road system be developed to provide property access. The land developer should work with the city in preparing a more desirable access plan for the site. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC Glenn R. Cook GRC:ci 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 HENNEPIN DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343-8468 935-3381 / July 27, 1988 Ms. Jeanne A. Habusth Building and Zoning Administrator City of Orono P. 0. Box 66 Crystal Bav, MN 55323 Dear Ms. Mabusth: RE:Proposed Plat - White Ponds Estates CSAH 19/84, Southeast quadrant Section 6, Township 117, Range 23 Hennepin County Plat No. 1657 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: For future improvements to this segment of CSAH 19 the developer should dedicate an additional 17 feet of right of way where necessary along CSAH 19 to make the right of way a minimum of 50 feet from the center of CSAH 19. For future improvements to CSAH 84 the developer should dedicate an additional 7 feet of right of way making the right of way 40 feet from the center of CSAH 84. Any new access to a county road or revision to an existing access requires an approved Hennepin County entrance permit before beginning any construction. Contact our Maintenance Division for entrance permit forms. All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but Is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Maintenance Division for utility permit forms. The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, David W. Schmidt, P.E. Transportation Planning DWS/LDW:1w HENNEPIN COUNTY an equal opportunity employer 1i <,1 :« CITY OF ORONO city of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2508_________ - a •> 5 A RESOLOTIOH GRANTING preliminary approval FOR A PLAT AT 180 NORTH SHORE DRIVE WEST application #1301 ^ r wh-lt-e and David L. White on June 20, 1988» WHEREAS# Fredrick . i.*-- with the Citv of Orono for approval reVidlnfAl^fla" Ifpt^er.y legally described as follows: Exhibit -A- attached (hereinafter "the property"): and WHEREAS, after due published and^mailed notice Minnesota Statutes ’ co^ission held a public hearing on July Platting Codes, the , t which time all persons desiring to be i^irrroicerni^^^tfl^rapVli^ti^ Siven the opportunity to speah thereon; and WHEREAS, on September 19, 1988, the ®PP“'*“°\"®lu”d^”ly*’a the applicants from 2 building lots, p q£ property, leaving whereas , at their regular "^^i.^^^^^tiTion® rJSite‘Ld°Fredricrc“"wh”«,^ noting \h“e following findings of fact: contiguous dry buildable land within each newly created lot. 2 The property contains a total of ^le^lend®*'wkcrapproximately 14.5 acres is considered dry buildable land. 3 The proposed plat contains 1 building lot to ?>« ’'"°”^g^fng°the containing the existing residence “lonttiL an 2.0 acre minimum dry buildable lot area 13.7 acres in outlot to be known as Outlet A, which is approximate y total area for future development. 4 Lot 1 is proposed to continue use of the future Kv:io"pmfnl T/SrA^fh%"ri irsuS toaty and Hennepin County retirements at the time Outlot A is developed. Page 1 of 3 , > ■. CITY I II ORONO I City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2508_ _ _ _ J area within Lot 1 and Outlet A shall be sibjeot conservation and Plowage Easement. 6. NO additional right-of-way will be dedicated for County Road 84. 7. An additional 17 of rig right-of-way width to 50’ required to be ._th lot line of Lot 1 must be movedfrom the centerline. ^^e north 1 ^ buildable land within northward to maintain at least i. Lot 1 after the dedication of right-of way. riter«Vd«i.f*rerd trs^^r^Ve^^x^^tTn^’^einglf ‘JeTJenH “ _ __ __ ovcnTVBD that based upon one or more of theHOW, THEREFORE» BE ^ City of Orono hereby approvesFindings noted above, the ^^ty Councxl^f the cx y ^ the preliminary plat for Fredrick C.J^ite ana u -3- by Marvin ^r°d?e1nr S /vS.e r9887rl “«S%eptember 10. 1888, subject to the following conditions: 1 The final plat drawings shall omit ^h® eaat/„e^st lin^^^^^ extending eastward from fo ” County Road 19 shall be 5edi«"«d o"n the ; la°t, as’shown on ^it irTbuliaa\l^‘ac%-V^I"lot"\'^^^ remaining parcel shall be designated as "Outlot A . ^iun^tf Roaf 1 ^°l"J^^ut^^e ^^vel'l^^t l^t’hilf^tT/r \=“hal VH served by interior roads. ilon|‘ri?lot‘^lteV,%"=l“d’=^^g^ A# i;tl^nr;o%\\7d"tr Lot"\%"n7lltl^oVr -"a ^s‘'h’a\t bl S - tre%fa‘t as a drainage easement. 5 No buiiaing permits will be issued road'^sys?em^ Such lurther subdivided and served by an ” „als, subject to ir?^^ir%°m%^utToTthe‘'‘A^^^^^^^ Page 2 of 3 . 1 ^ • V ^ CITY OF ORONO J City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2508_______ ^ ^inal submittals must be provided to the the 2onin?Adl°inil«Slor two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. 1 Record plat drawings in the form of two (2) mylar copies and one a) copy Educed to 1"=200'. Drawings to xnclude; a Lot line platted per preliminary survey by Marvin G. Lovlein and revised as noted elsewhere in this document, and per Exhibit "B" attached. K n«flSf^ai*ion of drainage and utility easements 10' in width along all perimeter property lines and 5' each side of internal property lines. c. Designation and dedication o£ the wetlands as drainage ease- ments on the plat. 2.Legal documents required; "'“%SrT o “r"o'thlrs "wlth^rip^r^y rterest “nirc"a%"d t»n^ shal\" sign°^he°%t a“nd al5 o?her"documents affected by such interest. b. The applicant must provide copies of all recorded easements currently affecting the property. c Signed and executed Flowage and Conservation easements; blank area requiring descriptions may be the drainage easements as shown on the plat of XeI- - - - - - - Fees to be paid. Total due: $150.00. a. Legal review and filing fees of $150.00. ■ ■( i : \ L. im awi&tr A- J % • *••• tmm yr?*^ *•• • •*■ LAND DESCRIPTION The Ueat Half of the Northwest Quarter that part of the Uest 274.77 feet which feet and north of the South 545.34 feel of the West 50.00 feet of the South 470 feet thereof and except the East 15.00 the South 30.00 feet of the North 88.00 Township 117, Range 23 according to the of the Northwest Quarter except lies south of the North 580.00 and except the East 17.00 feel .00 feel of the North 503.00 feet of the West 65.00 feet of feet thereof, Section 6, Governnent Survey thereof. • •. • * • • • • • • » ^ • • .• — •... ••-b* ^ • V- f—-..• •• • • •• ** ‘^vMW V-C ’-v—r • .-.i •• • *•• ^ *• •• m • • • ^ ... .Cv-'V •• • . . . . . . . .- * '•* *•• • • • 4 , .•» . . f . -T • '. * . ^ ../ • ... • « IMiUJoz>K Oto 0>s Jeanne A. Mabusth. Planning and Zoning Administrator Stephen Weekman, On-Site Systems Manager March 8, 1996 SUBJECT: Subdivision Applicmion #2119, Bornett Development Corp. - Septic Review pe applicant proposes a six lot subdivision requirine the u«:p of nn cW- o Five of the lots are shown ith new residences and^twn H treatment systems. scale of the site plan, it is difficult to predict accurafely Ihfdr'aTnfcld site slo'“'' h appear to be on less than sis percent as required by cby ordinaltcrs previous subdivision (Ap'l^l.s'Ijo") MudeMesbneXr^ ' ' '"“"’P'"':'* at a fifty five foot se.bacrfroni Ute wetM ^ ^lope, but to be surfacing in 1993 and in 1995 was sliohH ^ rf • ® ®^*sting on-site system was observed nteeting the thme foot sepLion Z^^e^. L ™e system has not been confirmed as Therefore, another alternate site will be required for future uTe''The onira'* P“=>- slope and wetland setback requirements is west nfihpwhich could meet the it necessary to move the well. listing house and would apparently make smSm?;Zaret “^^ marginal Lotion and hkc“ oLlrman« Ze” sf' '»>*■' on lot six will be very difficult due to the wethnH i ^ ^y^tem. Locating two drainficid sites subdivision may not be Slfwi h he L Tf’ 'i* l°> soil testing perfLed to v^'f^Z .^ "" ‘ GARY 0. REIERSEN MAN N00*39'5Q? fiOHTH S.SC«F. f.RI'.'E: WEST ^-----1329.37 -------/ fi-AT E3s’ line zf West Half of Norfnwest Ouorier of Northwest Quarter 0* Section 6, Twa 117 N.. Rge 23W --------1327.84 -------- N00°46 03"W Q • M * V Ji ^% . V I L- ^ I j A C' ^ < C I <—il *!¥iv4 I h R02ERT S CLSON C \n r ^ If CO "c: “j. ^ --i: "n p» p o p> i>. # • I I *- • I » ' w y ^ c 1 5 h.C' Y r- « p c> ‘V '//\ CP(STL^M^t:> Lc:>C^OK^% A>f^X^vbftP^ 4 nt)?Oc^Pl^}Y 4r ■ -f'lN 1 t »< «?•» •• Cu^i-(^T~ f’MC’eiCy y ^/Aje*S k <■ 8 COUNTY o (/)ROAD §s NO 84 Lot K ' OUTLOts Propose* PARCEL Outlot < of the » 2ND ADO PARCEL All ot feet of 2ND ADO Me hcrcb by us an* Proposed building InformoUon iykisI be checked wilh approved "building okm before excovotlon ond conslrucOon. I he only eosomenls shown ore from plots of record or information This pro City Cou held the I his _ CITY COU 4i^PAS ^o-mtsriALLi Su fo(^ SfponCc ■s/s7'£wv^*s 3-13-1996 6:48PM FROM eaCSTROO • ASSOC 612 636 1311 ■ z L Mr. Jeanne A, Mabusth City of Orono Page -2- March 13, 1996 4. Easements: Drainage and utility easements should be shov. n on the plat five feet wide along all interior lot lines and ten feet wide along the existing and proposed roadway right-of-ways. Drainage easements should be provided across the drainageway and wetland areas. Hennepin County should determine if additional right-of-way is needed for cither North Shore Drive or Bayside Road. 5. Financial Guarantee: When the plans have been completed wc will prepare an estimate of the total cost for the site improvements to determine the amount of the financial guarantee required. Please contact me at this office if you have any questions regarding this matter. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. 3-13-1996 6:52PM FROM BOfESTRQO * ASSOC 612 636 1311 P. I /V 1/ J Bonestroo Rosene SRS AnderliK & ^ ■ Associates Engineers & Architects Bonestroo. fiostnc. AAOonsK jnd Associjcot Oopomrtfcy Ciwoyei Otto G. ionestroo. ^ f RoOertW Rosene. Joseph C .V^eruk. Mjrvin L SorvOl«.PC. PtenofO C. TXirner. Ft Otenn F. Cook, f e. Thomoi f Novee. F C kooert G. schunecht. F E. «4 lOerMa Cf * Senior ConiuiUrn March 13. 1996 MOiAr«ro A. :«rfO«0. FA Keith A Ooroerv. F.C. Kooert«. Ffencrte.; F klcnero W. Foster. F f. OaviO O. Lofftoea. F C. Roberr C russek. A 1A Jmrey A ttourOoo. F6. More A Hon:on FX MKhkei r. Rkuemanx Tco K. Flew. F E Thcmos F. AriOerton. A.IA J jmet R koionmaffc at. F k. DOhjitf C lurger<^. F C. A. Sy^ko. F C Frederic J 'lenborg. Ff Mortines. F £. Mlchoei F. F JU. F E. rnomet w. Feterjon. f X Michoti C Fe iomet t Moumo F F Jerry D Fertuen. F£ 5cott J A/ganek FE Kenneth F. ArMferson. F e Merk t Ro«f S. F E Mewfc A. Sole. FC Gary W Mer*en. F.t Foul J G^wton. A.I.A, Daniel J. Cogertorx f .£, A Rkk Schnaoc. F£. o«*e A. Qrove. F.E Fhitio J. Cerwea F E Mar,. 0 Waii.t, F E Miles P Aenren, P g L. FhfUfp Gravel, f E. Keren L Wtemen. fx. Gary D Kmtoms Ff •rsan It Cage. F t. f ToOd Foster. F £. ke^th f. Yapp. F E Douglas j. CenoiC FE Shown O. Gustafson. F.f, Ceol*0 Ofieter. F g. Kaos A Wjyw*. F.f Fact G. Meuer. F X John F. Oorotf. FI. Dan O. Boyum. F S JoffFey J PHtnnger F I. Joseph » khe«n. F4 Lee M Marm. FC. Chariat A (rieicson Leo M Fawetsky Horian M Olson Agnes M. Ping James F. Engeiharai Ms. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Hilloway Corporation File No. 1.39-2119 Dear Jeanne, Wc have reviewed the sketch plan of a proposed six lot subdivision prepared for Hilloway Corporation and Barnett Devel<^mcnt Corporation on the property owned by Fred White. The site is located east of North Shore Drive (CSAH 19) and south of Bayside Road (C.R. 84) in the northwest quarter of Section 6. We have the following comments in regards to engineering matters. 1. Access: Tlie location of the proposed road connection on Bayside Road is acceptable. The subdivision will result in three driveways onto the proposed cul-de-sac and three individual driveways onto North Shore Drive. North Shore Drive is functionally classified as a collector street. Access to private property abutting collector streets should be controlled to maintain proper traffic movement We recommend that the proposed road be e.xtcnded to provide access to four lots. The driveway for tlte existing house on Lot 6 has vei\' poor site distance. We recommend that Lots 5 and 6 have one shared driveway located near the common Jot line. The plan should be submitted to Hennepin County for their review and comment. 2. Grading: The topography shown on the survey is correct A grading, drainage and erosion control plan should be prepared that shows the proposed contours, building pad locations and elevations, and erosion control measures to be used during construction. Thcie are wetland areas on both Lot 1 and Lot 6. The wetlands should be delineated and shown on the plan. The e.xi.sting and alternate septic sites for Lot 6 should be shown on the plan. 3. Drainage: The tributary drainage areas to the wetlands on Lot 1 and Lot 6 are appro.viinately 10 and 20 acres, respectively. The 100-ycar flood elevations should be. calculated to determine the appropriate septic site locations. Driveway culveils should be shown on the plan as needed. There should be a drainageway from the cul-de-sac to one of the wetland areas. The drainageway should be shown on the plan. The plan should be submitted to the Minnehaha Creek Watershed District for their approval. 2335 West Highway 36 • St. Paul, MfSI 55113 ■ 612 ‘636-4600 ORONO PLANNING COMMISSION MEETING MINTJTES FOR FEBRUARY 20,19% ROLL The Orono Planning Commission met on the above date with the following members present; Acting Chair Charles Schroeder, Sandra Smith, Dale Lindquist, and Elizabeth Hawn Stephen Peterson and Janice Berg were absent The following represented the City Staff. Building and Zoning Administrator Jeanne Mabusth and Recorder Sherry Frost Mayor Callahan and Councilmember Goetten were present. Chair Schroeder called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS (#1) #2017 JOHN M. O'SULLIVAN, 3340 SHORELINE DRIVE - VACATION OF PUBLIC ROAD/CONDITIONAL USE PERMITS/VARIANCE/COMMERCIAL SITE PLAN REVIEW 8:34-10:26 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant, John O'Sullivan, along with applicant's consultants, Rob Thompson and Jim Coen were present. Mabusth reported that the application was a request for conditional use permits for a gas station use and Class I Restaurant use. The application includes variances and the vacation of 33' of Navarre Lane at the northwest of the property. The property under commercial site plan review is located in the B-1 zoning district. The majority of the property has been used for an outside storage yard and is the site of the old Martin's Station. Mabusth said the City sees no problem with the vacation of the roadway as it has been barricaded since the 1 960's and in an earlier vacation application in the mid 1980 s, the City recommended approval but applicant never proceeded with application. The City would ask easements over all utilities within vacated right of way. The neighboring church property would need to be contacted to complete the vacation. Dan Clausen, church representative, was present. He noted that the church would join in with the vacation application. O'Sullivan supplied a letter from the church regarding their allowing O'Sullivan's to use the church property for storm water retention. The proposal includes improvements for a convenience store, a Culver's restaurant, a gas station with canopy and a separate car wash. The structural setback requirement in the B- 1 zoning calls for a 35' setback from all residential lot lines for the structures The main structure meets that required setbacks except for the car wash, which would be located 5' from a residential lot line. The side setback of 3' at the street side lot line adjacent to commercial zone is allowed for parking. Mabusth noted that the code only distinguishes setbacks for parking from the residential zoning. The setback variance for the car wash is 30'. A T variance is required for the parking along side residential lot line. A structural excess of 5.2% is also proposed. t 4 i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#1 - #2017 John O'Sullivan - Continued) Mabusth re\iewed the car wash, the entrance and exits for the improvements including the drive-in portion of the restaurant She noted that the Engineer's report noted major concern with the cross action of traffic at the curb cuts. The applicant would need to review the traffic configuration with the City and County. Mabusth asked the Planning Commission to review the restaurant and convenience store use There are 53 parking stalls planned with no credit given for the parking areas beneath the gas canopy. Mabusth asked the Commissioners to consider the number of uses on the site, structural coverage excess, and the compatibility of the uses and whether variances should be granted for new development. The structural coverage is proposed at 20.2% and is allowed at 15% in properties less than 1.99 acres. Schroeder asked Mabusth to review the zoning. Mabusth said the B-1 permits the uses, two through conditional use permits, restaurants and gas use. The retail is a permitted use but the car wash is not a listed use Mabusth said the Council would also need to approve the locating of three gas stations at one intersection. John O'Sullivan introduced Erwin and Marlene Smith as his business partners. O'Sullivan said Jim Coen, one of his representatives, was a founder of Super America and was knowledgeable regarding petroleum and codes involving petroleum Rob Thompson, owner of C.I. Construction, who would be building the improvements, was also present. O'Sullivan noted that the project involves an independent, free-standing, unit for the Martin site only, and does not involve the church property, requiring no rezoning. He noted a future project would blend in the church property. In answer to a question from Schroeder, O'Sullivan said that the project for the church property would involve a business and professional type development. Schroeder noted that the use was not consistent with the zoning of the property, which is zoned LR-IC residential. Coen said they were in conversation regarding that issue wdth the City. Mabusth advised that the Orono Staff has consistently advised applicant of difficulties involved with the rezoning of this property. O’Sullivan continued that the original O'Sullivan project was completed nine years ago on the property across the street and has included two major store remodels. He said he has used cutting edge technology, and the project has been considered an asset to the community. O’Sullivan said he purchased the Martin property 18 months ago. He said the traffic flows would be similar at the new project as the one currently in business, which was built on 3/4 acre site. The Martin project is 1-1/2 acres of usable land. O'Sullivan said he has met with City En^neer Cook regarding concerns on the property and has dealt writh the issues and requirements. He said Cook was satisfied wath the site plan as presented. Staff has not received any confirmation from Cook. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#1 - #2017 John O'Sullivan - Continued) O'Sullivan reported on the benefits of the project, which he said would create 50 new jobs with the opening of a moderate-priced restaurant, a higher speed and quality car wash, and an automated gas store, which O'Sullivan said would relieve the congestion at his present site as well as crossover traffic. O'Sullivan said Cook said the project would make the intersection safer with right turn lanes and a signal monitored left turn lane O'Sullivan said the public surveyed in his present store expressed positive feedback B.J. Larson, a Lafayette area neighbor, asked if Navarre Lane would be open for traffic. She was informed that the road would remain closed. Jim Coen added that the site would be filled or elevated along the north side, and there would be no access to the rear. John Ericson, 1620 Shadywood, whose property is north of the church, asked if fill would be brought in to the east when vacating Navarre Lane and whether retaining walls would be built. Coen said it would be built to the same d as the property on Martin's resulting in a 2-3' elevation change at Navarre Lane. Coen a.so noted that a retention pond would be erected in the back area of the church property. Mabusth noted that Navarre Lane would not be vacated all the way back to Olive Street. Mabusth asked that the applicant meet with the Engineer to determine the boundaries of the vacation. Rick of Rick's Super Valu asked if the restaurant would be a sit down type. O'Sullivan said the restaurant would be a step up ft^m a McDonald's, but not quite a Perkin s. It would seat 99 and have a pick up window. Menus were provided for the Commission to review. The food will be made on the premises, prepared to order, and moderately priced. Rick said he would like to see the traffic count increase in the area. O'Sullivan said the convenience store would be simplified from his present one, not as upscale, as it would not have a deli or espresso O’Sullivan said Culver's has one restaurant in Buffalo, MN. one in Iowa and Illinois and 38 in Wisconsin. Rick asked about the hours of the gas station O'Sullivan said the open times would be 10 am-10 pm for the restaurant with the gas opening at 6 am and closing around the same time as the restaurant. Smith asked if the restaurant concept Included the gas or if the two could be separated and still be viable. O’Sullivan said one withew the other would not be viable with the demographics and costs involved. Schroeder asked if Culver’s w as generally developed with both gas and a restaurant. Coen said it was generally free standing, though Culver's is planning several similar to this project. He noted that the general public is supportive of the idea. Smith asked if the car wash as a concept goes with the other two uses and was told it did. O'Sullivan said he would be a franchisee, owning and operating the restaurant. ■! 4 1 MINUTES OF THE ORONO PLANNING CONLMISSION MEETING HELD ON FEBRUARY 20. 1996 (#1 - #2017 John O'Sullivan - Continued) Hawn inquired about entry, exit, and turns in and out of the car wash. O'Sullivan said there would be both ingress and egress with stacking for the car wash behind the buildings and away from the public areas. The car wash will be conveyorized taking 1-1/2 minutes per car, which would resuh in twice the volume in a fraction of the time to alleviate congestion Car traffic will be able to exit in both directions when leaving the car wash with a left on CoRd 15 being short of the light It was also noted that the parcel would need little fill, and the current driveway is now near the intersection It would be necessaiy, however, to enter the convenience store to obtain a car wash. In the future.there will be automated credit card payment at the pumps to alleviate the need to enter the convenience store There would be a common entry for the restaurant and store with a 2-way entry/exit from the store and restaurant for a 4-way flow. The traffic pattern for the drive in window would utilize the "going home" pattern with swinging to the right for entry and to the right when leav ing. The plan purposely flows the traffic to the car wash and drive in window in the opposite directions. B.J. Larson commented that there were three houses located near the car wash and asked if there would be any trees to cover the view. O'Sullivan noted the large number of mature trees in the area now that would not be disturbed. It was also noted that there would not be any lights behind the building in that area either. Hawn voiced her concern with the traffic flow coming from the pick up window and car wash near the entry to the restaurant. O'Sullivan agreed there was always the possibility of pedestrians being hit no matter what prevention is taken. Coen said the design, however, was such that people would not walk directly into the street by being directed down a walking lane via a railing. Schroeder asked about the traffic direction once a car left the drive in window. He was told that the cars would swing around the front and e.xit either driveway. O'Sullivan said he met with Hennepin County, John Gerhardson, and Glen Cook at the City offices in early development stages. The same issues were discussed, and O'Sullivan said that all were in agreement of the plan for traffic flow. Mabusth advised that she called for the meeting and that this specific plan was not considered. Schroeder noted the intensive use of the land, the amount of blacktop, and the question of whether the number of businesses on one property were necessary. Lindquist inquired about the lot coverage and the 5.2% variance required, Mabusth said a very small part was controlled under the hardcover ordinance. Mabusth said the applicant is obliged to provide storm water runoff and treatment before going to the wetland area. Storm sewer would be required. The runoff would be sent to a retention area constructed on the church property in answer to how the paving is dealt with. MINUTES OF THE ORONO PLANNING COMNflSSION MEETING HELD ON FEBRUARY 20, 1996 - #2017 John O'Sullivan - Continued) Mabusth said Gustafson is concerned with the traffic lanes and the need for additional area for a right turn lane. Coen said the parking and standard dimensions were discussed with Glenn Cook O’Sullivan said he spoke with Gustafson and asked for detail and was told Gustafson’s remaiks were only an observ’ation as he had not closely studied the plan. Mabusth noted th.it this w*as not what Gustafson's report advised the City Staff. Hawn inquired about the car wash operation with the projected use of 50 gallons of w'ater per car and 170 cars washed daily O’Sullivan said the system will treat the water before sending it to the retention pond and would go into the sanitary sewer system. He noted that all chemicals used would be biodegradable Coen added that the outside drain would catch the water dripping from the cars and send it to the sanitaiy sewer. Thompson also noted the driers in the car wash which would minimize the dripping. Hawn said the amount of water used per car wash seemed to be a large amount. O'Sullivan said the amount was moderate. Lindquist remarked that, although he recognized what the applicant was attempting to accomplish, the different uses appeared to be alot for such a small lot and questioned the need. The question also arose whether the car wash was a principal or accessory use. The car wash as proposed was considered a principal use. Lindquist asked if 35% of the lot would be hardcover but was told only a small portion of property was included in the hardcover zone. Schroeder inquired about the function of the B-1. Mabusth commented that as long as stormwater retention was provided, tlie project would meet the use and retention requirements. This was theoretical as the facts have not been reviewed Mabusth informed Lindquist that the calculations would be reviewed before any approval was made of the application. Sciiroeder said he saw a difl'erence in the use from the one property with a deli, auto repair, and oil change with the number of cars that would frequent from a restaurant use. The restaurant would present a maximum number of cars movdng through the property at certain busy time periods. Sciiroeder said he could view the project without the car wash. O’Sullivan told Schroeder that when analyzed, the car wash was necessary. He felt the itensity would be reduced with two sites providing similar products. He did not believe he would gain new business and would not be as equally busy. 5 MINUTES OF THE ORONO FLAW NG COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#1 - #2017 John O'Sullivan - Continued) The question arose whether the adjacent land was a tax forfeit parcel, hut Mabusth said it was owTied by the Lafayette Ridge Homeowner’s Association and asked Mr Larson to check on the paperwork required to remove the parcel from the tax forfeiture list to ownership under the association. O'Sullivan noted that the association was in support of his project Schroeder said the project only makes sense because there is only open land between the extensive wetland and car wash Mabusth said it was necessary- to define the elevation of the wetland area Schroeder said the project would be based on being at least 26* from the wetland area Thompson said he has based the plan on the recorded information and from speaking with Glenn Cook as to the wetland elevation at 931 as providing an adequate distance from the 26' wetland setback 1 he distance would need to be verified. Schroeder noted that the retention pond would provide more protection for the wetland area. Mabusth agreed in that the drainage now goes to the wetland area. A letter from the church noted their agreement to the easement for a holding pond and grading Mabusth said the City would ask for additional retention area within the proposed storm water pond as a condition of the vacation approval Schroeder said he would like to see grass installed in the area w'here Navarre Lane is vacated Lindquist moved, Schroeder seconded, to recommend approval with the understanding ♦hat the setback variance would be 30' for the car wash and a 7' variance for parking with '^/uctural coverage excess approval of 5.2%. Approval by Council would be needed for aTlowance of a third fuel station on the intersection with buffering on the norih ^ le if remaining residential. Verification of the distance to the wetland is require, verification letter regarding issues raised by Gustafson and addressed by Cook is requir^. Navarre Lane vacation would be approved for vacation with requirement of green planting areas being installed. The extent of the vacation and legal description of the church property is required to complete the vacation A retention pond would be required as established by the City for the vacation with the proper easements obtained from the church. Hawn said she would be in support of the plan but not for the 30' setback for the car wash. Smith said she w as not in favor of the plan, especially in view of the car wash and new construction of a very intensive project requiring variances along with the safety factors. Smith said there was a possibility of a combination without the car wash. -i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#1 - #2017 John O’Sullivan - Continued) Jim Grabek voiced his dissension of the motion saying it was a bad mistake and a forcing of a neighbor, who has been there for 9 years, not to invest in the neighborhood Grabek said the comer would not be developed with the turning down of the application He said the Commission was letting the community down just because they do not want a car wash on the location He asked if the Planning Commission has looked at why the car wash is needed from a financial standpoint Schroeder answered that it was not part of the process to look specifically at the financial details of the car wash, nor did he believe it would be divulg^. Schroeder said whether a car wash was needed or not was not clear to him noting granting of variances for new construction is not easily done. Grabek continued by asking the amount of the project. After being informed by the applicant of the cost of the project at $2.3 million, he opined it would be a disserv ice to the citizens of Orono to deny the application. Thompson noted that the car wash would be screened from the residential area. Schroder said that was not the point as there would be no development in that particular area. Thompson said he thought the car wash was being denial due to the 5' setback. Smith reiterated that the tqsplication involved granting of variances for new construction Understanding that the project was intensive. Smith said she was not opposed to the conditional uses and structural coverage but opposed to the variances for structures and parking, which Smith said should remain within the limits of the code in new construction. Smith said she understood it was a good operation and an improvement to the area, adding a car wash may be possible, but asked that it be done without requiring any vanances. Hawm said she agrees with the comments by Smith and is concerned with the traffic plan for the site. Hawn said she has not been satisfied with what she has been told, noting there are too many entry directions and uses on the plan and can see an accident occurring. Schroeder commented that this was a different issue from setbacks. Hawn agreed but saw the denial of the variance as the only way to reduce the intensiveness of the site. Grabek asked if the Engineer has appraised the traffic pattern and safety. Mabusth said the Engineer has major concerns and wants to discuss the concerns with the applicant and Hennepin County. She said she has received no confirmation from Cook regarding the resolutions of the concerns and noted a recent letter from Hennepin County expressing their concern with the cross traffic activities at the intersections Grabek asked Hawn what she based her opinion on regarding the lack of safety. Hawn answered that she uses her judgment of common sense but would be willing to listen to what the applicant had to say. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20. 1996 (#1 - #2017 John O'Sullivan - Continued) Schroedcr read a letter from Dave Zetterstrom, who is the Entrance Permit Coordinator for Hennepin County Public Works Department. The letter noted problems w’ith ingress and egress with the car wash, runoff from the site, the right of way, easements, the extension of traffic lanes, and the need for a richt turn lane. Thompson said the same points were brought up by Cook. He said the runoff will be contained and easements will be required for a right turn lane and for a sidewalk Thompson said they were not asking to bypass the issues and noted the many hoops yet to go through to forward the project. He asked that the Planning Commission not circumvent the concerns but make them conditions of an approval. He asked, if the safety concerns could be satisfied, if the Planning Commission could move forward Schroeder agreed it could proceed that way but the Planning Commission recommendation was the first step in the process. Coen said Cook told him he could tell the Planning Commission that he supported the project. Schroedcr said the Commission does not operate on verbal agreement but would require a written confirmation The applicant asked that it be made a condition of the approval Hawn said, with the County also addressing concerns with egress and ingress and the appeal to the site from families, she asked if the traffic flow could be redirected or a barrier used. Hawn said she saw room for persuasion but is not satisfied at this point. Schroeder asked if the car wash could not be moved, along with the other buildings, towaid the church property to alleviate the need for the variance. O'Sullivan said it had been considered but would not work. The applicant noted that the entrance to the restaurant on the car wash side was required by codes and for other reasons. Thompson suggested a railing barrier be placed down the sidewalk area to force the restaurant patrons away from the car wash and drive in window traffic flow. Hawn noted the plan resulted in patrons crossing over the parking area, over the drive in window area, and then over the car wash traffic area, and asked if there were any other alternatives. O'Sullivan said he did not know of any other alternatives. He believes that the traffic would be slowed down by the intentional forcing of traffic in different directions. Hawn suggested moving a door. Schroeder summed up the motion and noted that the application could be tabled if the applicant preferred. He noted if the motion was denied, the application would go forward to the Council. O'Sullivan asked that the application continue and noted his approval of conditions placed on the motion if need be. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#1 - #2017 John O'Sulliv'an - Continued) Hawn said she would need to hear from Hennepin County and be satisfied with the resolution of their concerns Mabusth noted that the City Engineer's comments have not yet been received and asked if the Planning Commission could act on this application without his comments Mayor Callahan reminded the Commission of the 60-day rule for action. Mabusth noted that the applicant would need to agree to tiling of application in writing. O’Sullivan said he was surprised that it has taken so long for Hennepin County to respond but asked that the application not be tabled but be continued with conditions placed on the approval He said he had assumed that Cook would have submitted a follow up on their meeting. Hawn said she could not make a recommendation without addressment of the issues. Smith was informed that no County representative was present at the meeting the applicant had with Cook. Zetterstrom was said to have been in attendance at an earlier meeting in November with City Staff where normal concerns were voiced. The concerns were similar to those voiced with his application 9 years ago for the other station according to O'Sullivan. He cited examples of issues from the last application along with the end results and asked for reconsideration of the vote. Hawn said she would need to be satisifred with the concerns. Thompson opined that it would not be fair to have a negative vote because some details were not worked out. O'Sullivan said he would work with the City to address all the issues on the final plan. He said it was Cook's opinion that there would be improved safety at the intersection, the internal flow presented no problem, and a directional flow arch could possibly be used for the car wash. Vote; Ayes 2, Schroeder. Lindquist. Nays 2, Hawn, Smith. Motion denied. Schroeder said the safety concerns would need to be satisified if the application came back before the Planning Commission. He noted that the discussion on the application would be in the minutes of the meeting and passed on to the Council for their review. 4 ■4 MINUTES OF THE ORONO PLANNLNG COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (U2) PROPOSED ZONING AMENDMENT, SECTION 10.20, SUED. 3 - ENCLOSED ICE ARENA AS A CONDITIONAL USE - CONTINUATION OF PUBUC HEARING OF JANUARY 16, 1996-10:26 P.M.-12:10 A.M. Schrocder reported that the proposed zoning amendment being debated was that of Section 10.20, Subd. 3 A of the Zoning Code involving conditional uses in the one family residential zoning district. He read the amendment as currently written, noting the importance placed on access to a highway and the installation of sewer The proposed amendment was read which relates to Subd 3, under the heading of A Schools The Uses Accesso ry to a High School, Indoor Sports Facilities, and specifics related to such facilities are all added to the current code, which presently does not address any accessory uses to schools The Planning Commission is discussing whether the proposed amendment should be added to the current ordinance. Mabusth noted that a neighborhood information meeting was held by the Orono Hockey Boosters Association, that involved the site plan for the Orono ice arena Mabusth attended that meeting. The zoning amendment would be required before any such facility could be built and operated by a non-profit group. Lindquist asked for comments from that information meeting. Mark Engebretson, who represents the Orono Hockey Boosters Association, described the meeting's agenda. The neighbors were informed of where the project was at in terms of design and finances. Engebretson said the association has begun to understood the neighbor's concerns as a result of the meeting, which was set up to maintain an open communication. The meeting was set to start the process of communication and not to necessarily provide answers. Engebretson summarized the issues brought forward by the neighbors through a letter to them, notifying them of this public hearing Staff did not have a copy of that summary. Engebretson said he expects to make a formal application to the City in March, 1996, and then conduct another neighborhood meeting with results of the application process thus far. The Commission asked what the concerns were of the neighbors. 1 i' MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20. 1996 (#2 Proposed Zoning Amendment - Continued) Roger Zee, whose home is the second lot to the west from the proposed arena site, is concerned with the 50' setback requirement for the school Zee noted the arena was not a school entity Schroeder said the ice arena was the driving issue behind the amendment but noted the other accessory uses also being considered, tennis facilities, field houses, and gymnasiums Zee asked what the code now says. Schroeder reiterated that these accessory uses were not presently listed, but if proposed, the school would fall under the conditional use permit for school use Mabusth then reviewed the code as it now stands. It was noted that there is presently a setback requirement of 50' for any building adjacent to the residential district for school use The code did not distinguish between access or principal school uses The amendment as proposed was noted relating the facilities under consideration, as well as where such a facility could be located, the setback from any residential lot, and by whom it shall be owned and/or operated by, namely the school or a non-profit organization under a land lease arrangement with the school. Zee remarked that the ice arena under consideration would not meet the acreage requirements for such a building nor does it meet the height requirement. Mabusth said any building would be subject to height restrictions listed in the residential code. Zee questioned why another category was being added to the code to allow this usage. Schroeder said the City was contemplating expanding the code for such a facility on the school land because of the non-profit group involvement. Smith asked and received confirmation that if such a building or use was approved, the facility would need to meet existing code. Smith then questioned why the setbacks would be required in the amendment if it already exists in the code She was informed it was because the arena would be a new accessory use to what is presently. Smith then questioned why a facility should be a certain number of feet away from the residential district and whether the height restriction for the school should be used for such an accessory use. Mabusth noted that this is what is being asked in the code amendment: Is a 50' setback adequate for an ice arena? The height restriction is already addressed in the code. Schroeder said performance standard.-; could be set, or those standards already in place could be satisfactory. i I i n I-w " MINLITES OF THE ORONO PLANNING COMNUSSION MEETING HELD ON FEBRUARY 20, 1996 (#2 - Proposed Zoning Amendment - Continued) Zee asked why there would be a need to add more rules when there is an ordinance currently in effect. Schroeder again clarified that the code does not allou such a building to be built and operated by non-profit groups. If the school would like to build an ice arena, a field, etc., they now need to come before the Planning Commission with a CUP under school conditional use permit. Schroeder and Mabusth said if the school would like to build a baseball field, this would require a conditional use permit Mabusth said a conditional use permit would need to be granted for another school, a field, an athletic structure, etc Smith said she would like to know the neighbors viewpoint on the issue, whether thq^ were aipportive of such uses or not, and if so, what performance standards they would like to see for such buildings. Zee said the neighbors were concerned with such issues as parking, lighting, and noise. Mabusth said these concerns are all addressed when an application comes before the City for a conditional use permit Zee said he could not understand creating a code amendment for one specific building. Schroeder said that was not quite accurate. Mabusth said the amendment was to allow the school to be able to ask for such facilities and other non profit groups as long as special standards were created. Zee asked if the school was requestirig such a building. Mabusth informed him they were not but were supportive of the idea. It was again reitereated that the amendment was to allow for other uses that may be operated or built by a non-profit agency. Zee asked why no representative was present for the schools if they had such an interest. The Community Education Director as well as Athletic Director for the schools were present and voiced the support of the school district and superintendent, who asked to be informed of the night's proceedings. Melanie DeLuca, Orono Community Education Director, said she saw the school campus as being a regional campus for the area serving many people, and the arena would add many new’ dimensions with girls hockey, community needs, summer programs, and expanding for future opportunities. She felt the arena would be a natural addition to the school campus. Schroeder asked how the school could accomplish getting a facility without needing to pay for it. Mark Engebretson said he has spoken with Superintendent Mich and Assistant Superintendent Lawson, who will be making recommendations at the next board meeting for financial support. The contribution amount has now been isolated and will be made public soon. Schroeder received confirmation that school support was necessary. Engebretson noted the uniqueness of being able to place an arena next to a school for the use of the students. He noted that the school is all for it and thus made the land available. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Continued) Jim Grabek said he appreciated the association keeping the neighbors abreast of the information regarding the arena. Grabek then brought attention to a Staff memo dated 1/11/96 from Mabusth which notes phase 1 of the amendment revising the code to allow the ice arena use Grabek notes that Mabusth said if the amendment was not done, she advised the code would not allow the arena use as proposed under the current code. He voiced concern with the City wanting the project done and not considering the philosophy behind amending the code Grabek felt that before any vote was made to amend the code, it should be determined how the philosophy would influence the citizens and the school. He also noted that, although the Orono Boosters was a fine organization, it was unknowm what the condition of the organization would be in two years and under whose responsibility the ice arena would fall, noting the significant financial contribution and the need to know the financial status of the association. He also felt the review of the Engineer should also be heard first before any amendment was made. Schroeder said some of the points brought up by Grabek have been previously discussed. He noted that the amendment was being considered at this time and the specifics of the application would be reviewed at a later date under the required conditional use review. Grabek opined that the specifics were pertinent to the code amendment. It was Grabek’s opinion that the Commission was placing the "cart before the horse" and the amendment was only being considered because of the specific application. Grabek noted that the specific proposal was not a state or ta.xpayer funded accessory use. Schroeder said the intricacies of the lease were presently not for debate Grabek asked the Commission to think about amending the code for a non-taxpayer based organizational use. Grabek did note that the organization was open to discussing the issues. He added that he was not necessarily against the proposal but could not see any amendment to the code before the issues were debated. He asked that any conceptual support be carefully considered. Lindquist clarified that Grabek did not believe a vote .should be taken on the amendment without further philosophical debate regarding the accessor)’ use or the facility be:ng owned or operated by a non-profit group. Grabek said he felt the specific use should be run by the school only and the issue sufficiently debated to determine that the taxpayers would not find themselves owning a facility. Melanie said that conceptually the best interest of the school would be to allow the use on the school property and understood the details would be debated at a later time. Grabek said if the discussion was about conceptual approval of the building by the school, the Planning Commission should make the same commitment to regulations of the frontage on Hwy 6 as it has to that on Hwy 12 This was a specific concern of his. Schroeder agreed that the building would be one of the largest in Orono, and this would be the first attempt to lay out performance standards. n MINUTES OF THE ORONO PLANNING COMNflSSION MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Continued) Mark Engebretson said his perspective on the process is different. He feels the agreement set up with the school district would determine the success of the project operation and sees the conditional use permit as a separate issue. Engebretson said he hopes that there is not the perception that the association is getting ahead of itself. Grabek said he saw each step as getting one step further to an agreement uith concessions He said he sees nothing wrong with discussing the concept and looking at the regulations before amending the code. Grabek does not believe the first step should be taken without seeing the entire picture. Schroeder said he was not suggesting an approval but was looking at it as a step in the process, adding that was why he was asking what the specific concerns were for the project. Grabek listed several concerns voiced by the neighbors, such as lighting, building facade, noise, hours of operation, and air filters He commented that the neighbors were willing to be open about the issues. Schroeder noted that a sketch plan review and the information meeting have been held so far in the process. Mabusth remarked on a comment made by Grabek at the neighborhood meeting. Grabek had said that the City should review the lease agrwment with the school district, and specifically asked who would be responsible if the association should default. Engebretson agreed that the school would retain ownership, if such default should occur, and would be part of the lease agreement with the landlord. Mabusth said there was a question about the accessory use to the school if the land was sold to the non-profit organization but noted that the school in this case would retain ownership of the land. Schroeder noted that the ownership of the land could only be under the school. K^usth said the reason for the code amendment is that the school is not building or operating the facility. She noted that early in the process the City Attorney said the code would have to be amended to allow a non-profit group to erect the ice arena on school property. Mabusth then asked for specifics on either additions or amendment to the suggested code amendment. Lindquist asked if any other use should be included under the school heading. It was determined by the Commission that only the ice arena should be included under the subheading of accessory uses to the high school. Schroeder said he would like to know what did occur at the neighbor meeting before any further discussion of the amendment. Engebretson said the project addresses other issues than just the hockey issue noting the use by the girls teams. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (U2 Proposed Zoning Amendment - Continued) Rick Keemon, a board member of the Orono Baseball Association, said he scis the facility as a community and multiple use facility and as a community issue. He note<i the need for gymnasium space for spring practice and other community aaivities. Schroedcr said he understood this but said the debate was over land use, the specifics of which will take care of the facility and the neighbors' perspective. Zee again questioned the acreage needed to build such a facility and whether the parcel was treated as one or separate lots. Mabusth said the 4-^ acres must be legally combined with the school property and that the residential code only requires 2 acres for a permitted or conditional use. Grabek commented that the arena was a large building placed in a large acreage with alot of setbacks from the roadway and open space He saw the approach as being different than that of a school. Grabek said he is concerned with the aesthetics from Hwy 6 noting it would appear to be more commercialized than what is expected in a residential zone or school area. He felt these issues should be answered before proceeding ahead with any amendment or variances. Zee said the neighborhood meeting was successful. He said the issues discussed were hours of operation, the wetlands, noise, parking, road improvements. He noted the concern over finances, and if any such problems arose, questioned whether the facility would be used in the middle of the night. Lindquist asked if any issues were resolved to the neighbors' satisfaction. Vee said a sketch plan was viewed but nothing was resolved. Lindquist said the Commission was looking for a win-win situation. Vee said there were a broad number of questions and hurdles to go through before any resolutions could be made. Lindquist asked when the Hockey Boosters expect to have answers or resolutions to the issues that have been voiced. Engebretson said the agenda for the neighborhood meeting was only a start in the process The plan is to submit a complete application in Match with another meeting with the neighbors early in March to address their concerns. Engebretson noted the association needs the neighbors' approval for the project to be successful. Lindquist said he would have to be satisfied that the issues brought forward by the neighbors were resolved before he could recommend any approval. Engebretson said he agreed noting they were working on those concerns. Lindquist said he was not comfortable voting on the issue until the issues were resolved. Engebretson noted the need to respond to a time frame. The fund raising was based on being able to provide information to those willing to contribute their support. Lindquist responded that he understood that concern but was responsible for looking at all of the issues. Mabusth advised many of the specific concerns raised by neighbors are more typically addressed in the conditional use permit review. NflNUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Continued) Smith asked if the Commission could agree to the use with performance standards set at a later time for this particular use or for the school itself She questioned whether both need to be done at this time. Lindquist said he did not conceptually disagree with that suggestion. Engebretson agreed that the association saw the amendment to the code and the review of the plan and approval as separate issues. Schroeder said the Commission is unable to accommodate the timing necessaiy for the hockey association but added that the Commission would try to be responsive He noted the ne^ for a full discussion of the project itself but felt the issue should probably be tabled at this time. Schroeder said he would like to see a work session scheduled with the school, the boosters, and the neighbors to discuss a conditional use permit for a hockey arena with a non-profit organization Mabusth asked about the amendment itself and what performance standards are needed in the code amendment before adding specifics in the conditional use permit itself Schroeder said he was not sure where the optimal placement of such an arena should be. Lindquist said he needs to know what the school officially would like to see be done. Schroeder agreed. Hawn asked if there was agreement on any of the pieces laid before the Commission regarding the amendment itself She asked if they agreed in principal on including the ice arena, tennis facility, field, house and gymnasium as Indoor Sports Facilities, noting that the conditional use permit would take care of the specifics She asked whether the Commissioners approved conceptually of an ice arena in the same parcel as the school. Hawn noted that in the future there may be the need to find additional non-contiguous land for such facilities and would the Commission want to be that restrictive in the placement. Grabek interjected at this point that he saw Smith as being inconsistent as she was not requiring seeing specific details on this issue but did so on another application. He then informed Hawn that it was a waste of taxpayers money to approve such an amendment when the school has not asked for such a change. Hawn said she felt the school would come before the Commission if asked to do so. Schroeder said it was a procedural matter. Mayor Callahan reminded the Commis‘'!on that it was the Council who requested the Planning Commission to review the proposed amendment. He asked that the Commission decide if an arena was feasible as an accessory use and if it should be on the school property only. At that point, Callahan said the Commission could decide on specific performance standards. He added that the particular building does not answer the fundamental question of a facility as an accessory use. He noted the Council s interest in the philosophical need of such facilities as a civic concern. MINUTES OF THE ORONO PLANNING COMNflSSION MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Continued) Hawn suggested 1A be recommended. Smith said the subheadings, a,b,c, could be performance standards set at another time Schroeder said he was not in favor of la regarding the location. Engebretson questioned a.3) regarding the non-profit organization. Schroeder questioned how broad that statement could be as a practical matter H’jwn said the land lease arrangements could >je protected with specific performance standards. Schroeder noted that the performance standards and the land lease arrangements were two separate issues Engebretson thought the land lease arrangement could be combined with the conditional use permit Mabusth said this issue goes back to advice from the City Attorney that the use cannot be allowed without amending the ordinance upfront She continued that the use is not the problem but the ownership and who will operate it. A woman in the audience commented that she understood Orono to stand for open land and suggested an open ice rink. Mabusth said the issue of the arena has been before the City for quite some time and the V .A. made prospective buyers of the neighboring property, such as this homeowner, aware that the land was being considered for an ice arena Schroeder noted that the City stands for many things, open space, quality of life, education, recreation, etc. Smith asked this neighbor if some sort of arena wt>uld meet her approval, but again voiced her suggestion for an open ice rink. Vee added that there was other land available than this particular comer and could not see placing a large building on a small parcel of land. Schroeder noted that the proposal was regarding amending the ordinance for an arena as an accessory’ use to a high school and other issues will be addressed at a later date. Hawn sugg<,sted that the indoor sports facility not be confined only to an ice arena to eliminate such discussions at a later point. Schroeder s^d he believed such discussions wc: e important Engebretson asked the Commission t-. contemplate the ownership of the facilities under the amendment. Schroeder said a later work session could discuss this issue and may result in a future amendment to the proposal under discussion Smith questioned w'hether a.3 was required to be in the code Mabusth asked how else a non-profit organization could be distinguished from a school as it cannot come under the school umbrella. Schroeder said a work session could contain the discussion of how the school \’iews the non-profit land lease arrangements. It was noted that all work sessions are public meetings. Engebretson asked if the land lease agreement could be made as a standard under the school use for a specific project. Schroeder said he would not be in favor of that. i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Conu.iued) Schroedcr moved to recommend approval of Zoning Amendment Section 10.20. Subdivision 3, to include A Schools 1.) Uses Accessory to a High School of A. Indoor Ice Arena. Mabusth noted that the Council has asked the Commission if the code should be amended and if the use was appropriate. Where the location could be for the ice arena has already been determined as Mabusth noted the area on CoRd 6 was denied by the school and Council due to safety concerns. The school and Council agreed that the only appropriate space was on the west side of Old Crystal Bay Road. Hawn asked if the language needed to be so specific, and the Commissioners determined that the language of a. 1) could be amended to state that "all such facilities should be located on land owned by the school." a.2) was eliminated as the Commission would like to have greater flexibility with setbacks as part of specific performance standards. With a.2) eliminated, a.3) became a.2) and after discussion of the need for such a statement as advised by the Attorney, was amended to state, "all such facilities shall be owned and operated by the school, or by a non-profit organization under a land lease arrangement with the school which shall be acceptable and approved by the City." Schroeder said he would require another meeting before he could agree to what is now considered a.2) Hawn moved. Smith seconded, to recommend approval of the amended amendment as follows; Section 10.20 One Family Residential District Subd 3 Conditional Uses A Schools 1.) Uses Accessory to a High School A. Ice .Arenas a 1) All such facilities shall be located on land owned bv the school. a 2) All such facilities shall be owned and operated by the school, or by a non-profit organization under a land lease arrangement with the school which shall be acceptable and approved by the City. Vote; Ayes 3, Hawn, Smith, Lindquist; Nays 1, Schroeder. Motion passed, It was agreed that a work session would be scheduled in the near future. a f . m IVffNUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 ACTION ITEMS (#3) #2105 JON AND SALLY MITCHELL LEBEDOFF, 1101 WEST FERNDALE ROAD - RENEWAL VARIANCES - PUBUC HEARING 7:01-7:06 P.M. The Certificate of Mailing and Affidavit of Publication were noted The applicants w ere represented by Attorney, Robert Mitchell. Mabusth reported that the application was for a renewal variance seeking approval of muitiple variances to allow construction of a new residence and removal of the existing residence, which is located closer to the lake than the new residence will be. The property is sewered. The new smaller footprint is 38 ’x60’ for a 2-stoiy structure to be located 1’ from the west side lot line, 11 7* from the east side lot line, 43’ from the street where a 50 ’ setback is required, and proposed at 20’ from the lakeshore of the main lake. During the 1994 review, it was questioned as to whether the DNR would approve the 20’ lakeshore setback. A letter is included in the packet noting the approval by the DNR of the 20’ setback from the main lake The home is currently located 75’ from the lagoon, and the new construction is also proposed 75’ from the lagoon meeting the required setback A structural coverage variance is required, but there will be a 168 s.f reduction in structural coverage. There will also be a hardcover reduction with the new construction Mabusth noted that the Planning Commission had recommended approval of the prior application, and the Council had approved it. This application is a renewal writh no changes. Attorney Mitchell said the applicants' house had not sold, and applicants had decided to delay construction of a new house. There were no public comments. Lindquist moved. Smith seconded, to approve the renewal variance application with conditions as noted by Staff. Vote; Ayes 4, Nays 0. (#4) #2106 WILLIAM AND LAURA STODDARD, 2605 KELLY AVENUE - VARUNCE - PUBLIC HEARING 7:06-7:11 P.M. The Certificate of Mailing and Affidavit of Publication were noted The Applicants were present. 1 t I 1 r f minutes of the orono plannlng commission MEETING HELD ON FEBRUARY 20, 1996 (#4 - #2106 William and Laura Stoddard - Continued) Mabusth reminded the Commission of the approved application in 1994 for a guest house use. The structure, at that time, did not have a bath or kitchen and has now been converted and refurbished A fire, which begun in the refrigerator, destroyed a wall of the guesthouse. The application is to replace the existing wall, which is located 31' from the side lot line, requiring a variance. Before reconstruction can begin, approval is needed. There will be no changes in the building envelope. Stoddard said the fire occurred two weeks after the guest house refurbishing was completed, while they were away. He noted that the rule requiring a gypsum wall to protect a house fi'om a fire beginning in the garage working in reverse as the fire occurred in the kitchen and protected the garage area Stoddard said ihe structure has been on the property for over 35 years Schroeder inquired how the fire started. Stoddard said the fire personnel and investigator could find no reason for its occurrence. It started in the rcfiigerator, not in the wiring, and there is nothing left of the refngeratcr other than sheet metal. There were no public comments. Lindquist moved, Hawn seconded, to recommend approval of the side setback variance *o allow the reconstruction of the portion of an exterior wall of the guest house. Vote Ayes 4, Nays 0. The application was noted to be on the agenda for the upcoming Council meeting. (#5) #2109 TODD SMITH, 1380 ARBOR STREET - VARIANCES - PUBLIC HEARING 7:11-7:22 P.IVL The Certificate of Mailing and Affida\it of Publication were noted. The Applicant was present. Mabusth reported that the application was for side, rear, and structural coverage variances to construct a 3-season, 10'xl4' porch. A survey was done in 1982 in prepaiation for an earlier variance application for a 10'x30' addition for a bedroom/living room. There was concern at that time because the property was not sewered. The property is now sewered. The porch, however, was not shown on the survey in 1982 and has since been constructed over the paved patio. 6-1/2' portion is covered by roof extension and the remaining .>-1/2 by plastic panels. Mabusth reviewed the elevation showing the principal structure addition noting that the expansion will not go beyond the existing envelope or existing paved 10'xl4' area. 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (US - #2109 Todd Smith - Continued) Hawn said she had no problem with the application but questioned the access to the rear of the property. She requested that no more hardcover be laid to establish ar^ pathway. Mabusth asked the applicant how the well would be accessed. Applicant said he would take the lilac bushes down. Schroeder asked how the applicant would access the rear. The applicant said he would shovel to the back door and would walk on the grassed area to access the rear. There were no public comments Mabusth noted a letter from neighbors, Gregory and Julianne Peterson, which Schroeder read as part of the public record, who voiced their support of the project. Smith brought attention to the structural coverage and its excess amount over the allowable. Smith said she would prefer that the comer of the addition be taken off so it would not extend past the line of the adjacent two houses. Smith also said that if the application was approved, she would request that a recommendation of no structural improvemems be noted in the resolution Schroeder commented that the application called for no additional increase Mabusth and Smith commented that the addition would be of a more permanent nature. Schroeder asked if sewering was a factor to consider, which Smith agreed did help. Hawn said the fact that the property was adjacent to a park made the application more appealing. Smith noted that a fence separated the property from another garage which would, otherwise, almost appear to be on the same property. Smith asked the applicant about lumber laying on the property. The applicant said it was part of the front siding being installed. Schroeder said the improvements were nice but did note the small lot with a large amount of structural coverage. Lindquist said he concurs with Smith on the request that no additional structure be allowed. Smith said future ow ners need to be aware of this request. i MINUTES OF THE ORONO PLANNING COMNASSION MEETING HELD ON FEBRUARY 20, 1996 (#5 - #2109 Todd Smith - Continued) Smith moved, Lindquist seconded, to recommend approval of side and rear variances for a 3-season porch with the provision that the applicant understands that no future structural coverage would be approved without a matching removal to maintain the level of coverage as it now stands. Schroeder noted that this would not bind a future commission. Mabusth said the request would be passed on to the Council Vote: Ayes 4, Nays 0. (#6 - #2110 JOAN DAYTON, 2465 FRENCH LAKE ROAD - VARUNCES - PUBLIC HEARING 7:22-7:38 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Bob Dayion was present. Mabusth reported that the property in question consists of Lots 1, 2, 3 of the Johnson French Lake 2nd Addition, lakeshore lots adjacent to French Lake South Basin. A redefinition of the North Basin of French Lake reclassified the area to the north as wetlands in 1992 Now, instead of a 150' setback from an environmental lake, a 26' setback is required from the wetlands. This results in an improvement to the building envelope for Lot 1 and has opened up the 75-250' zone for Lot 2. Mabusth noted that a 1980's application granted a permit for a deck Up to 1992, the 75' setback was required for new construction 40 s.f of the deck and 37 s.f of the structure encroaches into the 0- 75' setback zone Now the entire house is located in the 75-150' zone The shoreland regulations now require a 150' setback from the OHWL at 93 L. This results in the entire home being non-conforming and the need for a variance application for any additions to the home. From the 75-150' setback, there is no structural improvement allowed but a grade level patio or landscaped area underlaen with plastic, etc., would be allowed. Non- structural hardcover is now deemed allowable, though not structural, and non-structural hardcover can be considered conforming The applicant seeks a hardcover variance in the 75-250' zone and lakeshore setback variance for both of the planned additions. The dining room is 88' from the natural environmental lake. The 3-season porch is 86' from the lake. In reviewing the hardcover facts as lots are not combined, there is an excess in the 75-250' zone within just Lot 2. The 75-250' area of this lot exceeds the allowed hardcover by 4.1% at 29.1%. Mabusth said the applicant should be given the opportunity to consider all options before legally combining properties. The applicant was to be asked how he wished to handle this matter of hardcover excess or Lot 2. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20. 1996 (#6 - #2110 Joan Daylon - Continued) Lindquist asked Daylon if he would consider combining the three lots. Dayton said he was willing to do so in order not to create the hardcover calculation as an issue He would combine enough of the property in order to meet the hardcover requirement noting his lack of intention in adding any more hardcover. Mabusth informed the applicant that he should analyze the facts and have the property rev iewed by his sur\ ey or as he may not wish to combine the lots noting the possible need to only combine two of the lots. Schroeder emphasized the need to look at what is occurring in Lot 2. Dayton said he would do what is necessary to expedite the application Schroeder said any action could be made as part of the recommendation by the Commission. Dayton said he had no plans to do anything in Lot 1 and this area where the detached garage is located could be added to Lot 2. Mabusth said a lot line rearrangement or a combination of two lots could be done. Mabusth confirmed that cither a legal combination with lot 3 or a lot rearrangement would solve the encroachment of the garage. Schroeder said it was a matter of clarification asking what the code says about non- structural versus structural. Mabusth said the only time structiral coverage comes into play is when you are dealing with a property less than 1 99 acres in size. This applies in all zoning districts Schroeder inquired about an earlier comment regarding structural and non-structural coverage in the 75’-250' setback. Mabusth said there are certain non- structural improvements that are allowed when dealing with a natural environmental lake, such as a grade level patio or landscape rock with underlayment as long as there is no excess hardcover in the 75-250*. Schroeder noted that the improvements were modest, especially in light of a possible legal combination with Lot 1. Hawn said the impact was minimal as there w as already hardcover underneath where the more permanent hardcover would be placed. There w’ere no public comments. Hawn inquired if the applicant would obtain an after-the-tact permit for the garage if *.ne lot line rearrangement was done. Dayton said he had asked the builder if he had obtained a permit and added that he w’as w’illing to apply for an after-the-fact permit if need be. Lindquist moved. Smith seconded, to recommend approval of Application #2110 with the understanding that a legal combination of Lots 1 and 2 be done and a lot line rearrangement between Lots 2 and 3 in order to solve the encroachment issue. This is to be resolved prior to the application going before the Council at their meeting of March 11. An after-the-fact permit must also be obtained for the detached structure. Vote. Ayes 4, Nays 0. r minutes of the orono planning commission MEETING HELD ON FEBRUARY 20. 1996 (#7) #2111 TJ. BIEKER, 2440 OLD BEACH ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:38-7:4S P,M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth passed out a letter to the Commission, which was read by Schroeder, from the MCWD, who saw no issue with the application noting no permit was required from them. Mabusth rqported that the application was for a permanent, T-shaped dock to ^ located 30* fi’om the north lot line and 93' from the south lot line. The LMCD has received the application which is being considered for approval. The DNR approval is also required due to the T-shape of the dock rather than a linear permanent dock. Mabusth noted that the width of the dock has been changed from 6’ to 4'. The amended plan also notes concerns by Shawn Gustafson, the City Engineer, regarding the depth of the pilings and center sup^rt. Gustafson said two 6" stringers could be used instead of five 6". Bieker said the plan would be for five 6" stringers. Bieker s^d Gustafson was not aware that stringers were made to that strength. Mabusth noted an earlier dredging by the West Shore Lafayette Bay Association of a 50 wide channel. The spoils at that time were brought to the Freshwater Institute. A neighbor brought concerns to Mabusth regarding the layout of the dock which went beyond a 30* setback into the channel area. The channel was dug 30' from the shoreline at a 50’ width Bieker said the original layout was for a 39' length as he was unaware of the channel. The plan was then amended to a 24' length. Mabusth said the work needs to be performed while the lake is frozen; therefore, the application will go before the Council at their February 26 meeting. Schroeder inquired if a permit was required from the DNR. It was noted that the application process had been started. Schroeder asked for public comments. A lakeshore association member said he was satisfied wath the 24* length asking tliat it not extend beyond 30’. Mabusth informed the association that the City had no respom oility in setting this limit but it was up to the private parties to enforce This person asked if Mr. Bieker could go beyond the 24' length if he chose. Schroeder said the length of the dock would be voted upon by the Commission. Bicker said he did not wish to go against the wishes of the association. 24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#7 - #2111 T. J Bicker - Continued) Smith moved, Lindquist seconded, to recommend approval of Application #2111 for the construction of a permanent 24' long dock as specified in the application. Vote: Ayes 4, Nays 0. SKETCH PLAN REVIEWS (#8) #2108 NORBERT JOHNSON, 1181 WILDHURST TRAIL - SUBDIVISION/SKETCH PLAN REVIEW This review is a sketch plan for a proposed 5-lot subdivision and is for input only. It was noted that no vote will be taken for any action at this time. Mr. Johnson, the applicant, was present. Mabusth reported that the proposed 5-lot subdivision is on 7 acres bounded by Wildhurst Trail and unimproved Garden Lane. Mabusth reported on the history and background of the area in which this property is located. The Saga Hill Preservation Society, of whom many were in attendance, were interested in gaining tax forfeit land for a park as well as land curremly owned by the Midwest Bank. The Saga Hill Society group are working with the City and the Park Commission regarding this endeavor. The Society is interested in what happens on the property in question, currently owned by Arnold Soskin, who was said to not reside in the area. Mabusth noted that the property is within the MUSA with the nearest sewer located on Tonkaview and Wildhurst. The plan is to gain both access and sewer from Wildhurst. The proposal is for Lots 1-5 and with a platted road with a culdesac. A 20' easement corridor would provide access and sewer to Lot 3. The code requires a 30' outlot for back lots, which would run along the shared lot line between Lots 2 and 4. The Engineer's report gives various options for access and sewer in the Tonkaview plat. The Engineer has suggested vacating Garden Lane and bring access in another way with a major road to Wildhurst as well as sewer. A second option by the Engineer would be to construct a private road with a future extension outlot connecting with Garden Lane, which would stay private. A 30' outlot would also be required for back lot. Mabusth said there is adequate area for a back lot. The zoning only asks for 1 acre and the property has adequate area to meet the 150^o area standard. All lots meet the code for area. Option 3 includes an outlot with an extension, but instead of creating a backlot. Lot 3 would be realigned so it does not go through the ravine area. Driveway access would be proposed in unimproved Garden Lane.. 1 r minutes of the orono planning commission MEETING HELD ON FEBRUARY 20, 1996 (#8 - #2108 Norbert Johnson - Continued) 5 Schrocder asked what was the purpose of Garden Lane. Mabusth said it was platted but currently serves no property. Mabusth said 4 undeveloped parcels within the surrounding Tonkaview plat need access and sewer and noted the opportunity at this time to gain an easement for the sewer. Mabusth oulUned the drainageu ay for the area. There is one major drainageway which drains to the northeast and one along the shared lot line at the south to Wildhurst^ During the review of an earlier subdi\ision, Mabusth said the Engineer asked for a 50-75' wide drainage easement over the ravine Schroeder asked if this would still result in a buUdable lot. Mabusth said as long as there is at least 1/2 acre contiguous land in Lot 3. it is considered buildable. If a backlot is created, the access cannot cross the ravine area according to the flood plain ordinance. Schroeder asked the applicant if he had anything to add. Johnson said his interest was strialy limited to the parcel under consideration only. It is his plan to sell the lots, build homes, and also live there. It was noted that he is not a professional developer. Mabusth brought attention to the bluff area noting the need for a sui^eyor to define the bluff area in the grading plan. Johnson said he understood the bluff issue During public comments, Gary Welsh. 1214 Wildhurst, inquired about the proposed access road off Wildhurst, which would be located close to his property, and questioned the straight uphill look of the road. Mabusth said Staff was out on site and found no problems with sight lines for curb cuts Welsh asked if Staff has reported to the applicant on the stormwater runoff problems. Mabusth said Exhibit F addressed the stormwater issue, questioning whether the project would intensify the storage of runoff for the site or if an off-site improvement would be necessary. Welsh asked if the developer received input from the Staff on the preliminary sketch. Mabusth reported that a stormwater retention area is needed for the project, and the developer is responsible for providing retention. She noted that the runoff cannot leave the site at a greater rate than at its undeveloped rate Welsh asked if Staff has studied the impact of the runoff since the application has been made. Mabusth said it has not yet been done for the sketch plan but will be as part of the formal application process and noted awareness of the problems. Schroeder added that the property is steep and noted the need to understand the issue and consider the stormwater management. Sandy Rasmussen, Wildhurst Trail, asked if the proposed road was not wider than ^ necessary at 66' with a 120' diameter culdesac. Mabusth said the code calls for a 50 wide road with a 100' diameter noting the plan would be amended. Rasmussen asked if it would be the intention to minimize the road size. Mabusth said the road size would be an issue for discussion as well as storm sewers for the road. MINUTES OF THE ORONO PL.^NNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#8 - #2108 Norbert Johnson - Continued) Norbert Johnson said it was his plan to have a curved road, not a straight forward road design He said he did not make note of the width but thought it would be designed at the minTmum width. He said the first time that he becMie aware that the road was designed larger than necessary was when he spoke with a neighbor of the property, John Culliton. He said he is willing to look at a different configuration to aid in controlling the runoff. Mabusth said the topography of the land will be a limiting factor. Rasmussen reitereated the comment made by Welsh on the concern of runoff. She noted challenges with runoff and noted the need for a maximum confidence that there be a zero variance in the incremental runoff from the project. Cindy Culliton, 1131 Wildhurst, noted the major concern expressed by the MCWD when they asked to add a 12' golf green on their property, wruch borders the ravine. She questioned the effect of five houses, and asked when the MCWD would come in to evaluate the project. Schroeder and Mabusth informed her that the MCWD is also required to approve the project. Culliton asked how much power was given to the MCWD? Mabusth noted conformance was required and both entities, the City and the MCWD, abide by the same guidelines. Jim Stephenson, West Branch Road, inquired about the Morgaard property to the north noting the same issues apply to that property Mabusth said these properties were not included in the MUSA, and access to the property would be at Wildhurst, not Garden Lane. David Rahn, 1134 Wildhurst, questioned the comment about the best access being from Wildhurst, noting his disbelief that the Engineer would want a paved road going straight up hill with what he feh was probably a 120' elevation change of the road. Ryan saw the runoff washing straight across the road onto the property. He said this was the first proposal he has seen with access fi"om Wildhurst instead of Garden Lane. Mabusth responded that the earlier 7 lot proposal involved two lots achieving access to Wildhurst via a shared curb cut. Schroeder asked Rahn if he was in favor of access from Garden Lane. Rahn said he was not but neither was he in favor of the proposal as presented as far as the road was concerned. Rahn said he cannot imagine controlling the water that would run off the proposed road. All agreed on the steepness of the incline Lindquist said there were alot of questions to be answered concerning the read and would need input fi'om the MCWD and the Engineer. Mabusth said the Engineer would address these issues with the filing of the preliminar)' plat. Lindquist also noted the bluff issue and the need for a lot line rearrai.gement. 27 r minutes of the orono planning commission MEETING HELD ON FEBRUARY 20, 1996 4- (#8 - #2108 Norbert Johnson - Continued) Rahn asked how the property was proposed to be divided in another recently application. Mabusth said the previous application was a preliminary review only nd did not go beyond that. She said there were 7 lots, but that number was questionable. Rahn said he was not for the development and the access from Wildhurst. He saw the only benefit was with extending the sewer He questioned the ability of a developer going from 7 to 4 lots, being able to build a road and gam access, and whether there was an ulterior motive. Johnson said he had no ulterio.' motive Johnson said he would like to have the road reconfigured as he understood the design could be improved upon He said he w as not clear on all the concerns the Engineer would have. Brian Peterson, CoRd 19, noted the problem with water quality in Forest Lake, and asked if the project would need the approval of the LMCD. Mabusth said the MCWD deals with the water quality, velocity, and quantity issues. Peterson noted the silt and by products that would go into the lake from the development. Schroeder informed Peterson that there are City ordinances that protects the water quality. He noted that existing problems in water quality are from e.xisting development and the setbacks and ordinance requirements are there to protect the lakes. Peterson asked if the LMCD would be involved in the project. Mabusth said the LMCD does not deal with land use, only lake use, from the 929.4' elevation to the lake. Mabusth asked if his concern was not writh the permanent structures but with the problems arising from construction. Mabusth said t*ie plans have to show how these problems will be handled. She noted that the City is aware that the southeast area drains to a wetland on eastside of Wildhurst and eventually to the lake and needs to be controlled. Schroeder asked Patti Affeldt to tell what the Saga Hill Preservation Society is about. Affeldt said the group are neighbors who have banded together to preserve the area. She noted they would prefer to gain ownership of the Soskin property but are unable to due to manpower and financial limitations. Affeldt said their group is interested in keeping the area undeveloped. Lindquist asked Johnson if he has spoken with the Saga Hill group. Johnson said he offered to through John Culliton but has not yet reviewed the development with them, noting no one has as of yet called him Lindquist noted the many issues to consider with dr roads, the bluff, and the need to determine what is reasonable. He said it would be helpful for Johnson to meet with the Saga Hill group to gain their input before coming back before the Planning Cormnission Lindquist noted the time tables for meeting agendas and the usefulness of informal meetings. 2S MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#8 - #2108 Norbert Johnson - Continued) Sandy Rasmussen commented in general from a property owner standpoint on the largeness of the development and the runoff as major concerns. She noted the value of open space. Rasmussen said individual site development has been anticipated but the size of this development has come as a surprise. She sees the interest in residing in the area to preclude the larger development. Schroeder said any lots that are deemed buildable can be sold and developed. He noted Johnson's willingness to consider the input of the neighbors. Schroeder noted the major concerns, such as drainage, and the difficulty with developing this particular property. He commented on the need for Johnson to work with Staff and the neighbors. Johnson said he was willing to meet with the group and matce improvements to his plans adding that he had no grander plans than as presented Lindquist told him to get the plan together first and to meet with the Saga Hill group. Schroeder thanked the neighbors for their input and for coming to the meeting. Smith suggested that those representing the constituency should introduce themselves to Johnson. Mabusth asked the Saga Hill group to inform Johnson of whom to contact. PLANNING COMMISSION COMMENTS (#9) REPORT BY PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL MEETING OF FEBRUARY 12,1996 (ELIZABETH HAWN) There was no report at this time. (#10) OIHlR issues for DISCUSSION Mayor Callahan reminded the Commissioners of the new 60-day rule that went into effect on January 1, 1996, relating to the time limit for action on applications. ADDITIONAL ITEMS (#11) PLANNING COMMISSION APPROVAL OF MINUTES OF THE JANUARY 16,1996 MEETING Schroeder moved, Smith seconded, to approve the Minutes of the January 16, 1996 Meeting of the Planning Commission. Vote: Ayes 4, Nays 0. (#12) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE MARCH 11,1996 MEETING OF THE COUNCIL No representative was chosen to attend the alxwe mentioned meeting.