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Home My WebLink About11-18-1996 Planning PacketCPLANNING COMMISSION MEETING MONDAY, NOVEMBER 18, 1996, 7:00 P.M. 2780 KELLEY PARKWAY - COUNCIL CHAMBERS COlWCIL REPRESENTATIVE - Gabriel Jabbour ATTENDANCE Applicants presenting proposals before the Commission are asked to move to the table at the front of the Chambers when their application is announced by the Chairman. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS 1. 7:30 p.m.A. §1\91 John O’Sullivan and North Central CPA, Inc., 2380 Shadywood Road - Street Vacation B. #2198 John O’ Sullivan and North Central CBA, Inc., 2380 Shadywood Road - Commercial Site Plan Review/Variances - Public Hearing ACTION IIEMS - Review of these items will commence prior to or between scheduled public hearings. 2. #2180 Peggy and Frank Pichelman, 2920 Casco Point Road - Variances - Continuation of Public Hearing 3. #2187 Donald and Robin Helgager, 3265 Sixth Avenue North - Variances/Conditional Use Permit - Public Hearing 4. 5. #2188 Mary K. Rice, 1570 North Arm Drive - Variances - Public Hearing #2189 Stonegate Faim, Inc., 2940 Sixth Avenue North - Conditional Use Permit - Public Hearing - Application Withdrawn 6. #2191 Walter and Sharon Wittmer, 2780 Shadywood Road - Variances - Public Hearing 7. 8. #219? Robert Beutler, 1331 North Arm Drive - Variances - Public Hearing #2193 Minnehaha Creek Watershed District, 4680/4700 Creekwood Trail - Conditional Use Permit - Public Hearing 9. #2194 David Alan Sutherland, 1365 Arbor Street - Variances - PuDlic Hearing 10. #2195 Genmar Industries, Inc., 1449 Shoreline Drive - Commercial Site Plan/Variances - Public Hearing PLANNING COMMISSION MEETING - MONDAY, NOVEMBER 18, 1996, 7:00 P.M. 11.#2196 Genmar Industries, Inc., 1449 Shoreline Drive Permit/Variances - Public Hearing Conditional Use Sketch Plan/Conceptual Reviews 12.<^2190 James G. Fullerton, ID, 3350/3400 Fox Street - Sketch of a Five Lot Subdivision banning Commission Comments 13.Report of Planning Commission representatives attending Council meetings of October 28, 1996 (Elizabeth Hawn) and November 12, 19% (Jan Berg). 14.Other issues for discussion. 15.Planning Commission approval of minutes of the October 21, 1996 meeting. 16.Planning Commission to select representatives to attend the Council meetings of November 25, 19% and December 9, 1996. Adjournment i 1 Public A ttendance Meetint ; Date C ouncil Planning C ommission Park Commission Other Please niL out the information REQUESTED BELOW FOR OLH CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1.:'Toi n TTi C ___L lei 2. /J/ a/( 3.<C.2l ‘I "L 4. , <^!^La ll {'iMi }. oM -- Pi Zcl i:f=- ''^1^0 5. 6 7. fe. -T c? k V lOiL 0^^ 9._jd£Md^c tHUttS*; tOit 1 tifSC) h</i. 10.‘/t1b 1*^1-2. 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CO mm 2 W I I To:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Adminis* From: Date: Michael P. GafTron, Assistant Planning & Zoning Administrator November 14, 1996 Subject:#2197 John O'Sullivan, 2380/2420 Shad) wood Road - Vacation of Portion of Navarre Lane - Public Hearing Pertinent Ordinance Section 10.12 - Vacation of streets, alleys and public grounds. Lbt of Exhibits A - Application B C D E F G H I J Legal Notice Plat Map Certificate of Mailing/Propert)’ Owners List Location Map Zoning Code Section 10.12 Letter from US West Communications Letter from North Central CBA C.xisting Site Plaa^roposed Site Plan Staff Sketches; Pedestrian/Bike Path Options Street Vacation Request Applicant proposes a vacation of the portions of Navarre Lane between County Road 19 and Olive Avenue which were not vacated earlier this year. Vacation of the 33' adjacent to the Culver’s site (Phase I) was approved by the Council in May 1996, but at that time Council rejected the idea of a full vacation, based on a desire to maintain potential access via the remaining unimproved/unused right-of-way. Council indicated the right-of-way should be retained for possible future pedestrian or bike trail needs. Applicant has provided the City with the necessary drainage and utility easements over the portion of right-of-way that was vacated. If the City agrees to vacating the remainder, the City will require applicant to provide not only drainage and utility easements over the remainder, but also a trail easement somewhere on the property, of a width and location acceptable to the City. Necessary Findings for Vacation In order to recommend approval of the vacation of public right-of-way. Planring Commission should be able to make the following findings: f i 3 Zoning File #2197 November 14, 1996 Page 2 1. The vacation is in keeping with the public interest. 3. The vacation does not affect access to or use of any adjoining property. The Cit) has not and does not intend to develop, improve or use the dedicated right-of-way as a road except for utilities and access purposes. 4. The unimproved dedicated right-of-way as it exists ser\cs no public purpose. The three property owners abutting the proposed right-of-way to be vacated are John O’Sullivan, et al; North Central Consenative Baptist Association: and the Lafayette Ridge Homeowners Association (reconveyance pending). Since O'Sullivan and North Central CBA have petitioned for this vacation, they constitute a majority of the abutting landowners and therefore the vacation could be approved by a simple majority vote of the City Council. Public Purposes Served by Existing Right-of-Way Staff has identified five public purposes seized by the existing right-of-way proposed to be vacated: 1. City sewer lines. 2. City water lines. 3. US West telephone lines. 4. Minnegasco gas lines. 5. Potential pedestrian/bike access between Olive Avenue and the County Road 15/19 intersection. The first four public purposes can be suitably accomplished via the granting of permanent utilities and access easements by the property owners receiving the vacated proper!) Such easements would grant to the public the right to install and maintain public utilities within the vacated portions of right-of-way. The fifth public purpose is not necessarily as easy to resolve. When this same vacation proposal was before the Council in May, Councilmember Kelley questioned whether the City might need this remaining portion of Navarre Lane for funire pedestrian walkways or bikeways. Because such a use has a significant impact on, and is impacted by, the topography of the site, the applicant’s intended use of the property might be affected.. Potential Pedestrian/Bikeway Routes In order to reach a conclusion regarding the need for and possible locations of a pedestrian/bikeway corridor, the Park Commission was asked at their November 4 meeting to Zoning File #2197 November 14, 1996 Page 3 consider the pedestriaa^ikeway needs for this part of Navarre, and to consider whether the t^)plicant's proposed route at the north end of the church property was an adequate substitute for a potential path on the existing Navarre Lane right-of-way. Park Commission came to the following general conclusions: 1. 2. 3. 4. 5. 6. 7. There is an (albeit undefined) need for pedestrian and bike access from Navarre to the neighborhoods in the northeast quadrant of the intersection of County Roads 15 and 19. The number of potential users is unknown, but the potential users might extend as far east as the western end of Minnetonka Beach. The majority of the potential users would be traveling westward towards Navarre on Na\arre Lane. In order to make use of the applicant's proposed trail route, users would have to detour uphill on Olive Avenue, then west across the north end of applicants site, then south again to the controlled intersection. Such a routing would not necessarily enhance pedestrian or biking access other than for Olive Avenue residents. Applicant's proposed trail location would outlet pedestrians and bikers at a location approximately one-half block north of the controlled intersection, and might tend to encourage crossing County Road 19 at an unsafe location. A bike/pedestrian path using the right-of-way of Navarre Lane would bring useis directly to the controlled intersection of County Roads 15 and 19, and would similarly bring them to the edge of the Culver's/convenience store site which is a potential destination for those users. Such a trail should be 8' in width and be bicycle-friendly; i.e., avoid the use of a stairway system. Such a trail could be accomplished by creating a ramp or berm in the 33' of right-of-way north of the Culver's site, and continuing between the two parking lots serving the Culver's site and the proposed Phase 2 bank building. This would result in only one crossing vif a driveway, i.e. the proposed connection between the Phase 1 and Phase 2 parking lots. Park Commissioi. suggested this is better than having to cross two driveway accesses if applicant’s northerly proposal was used. Park Commission did not take formal action, but indicated to the applicant (who was present) i Zoning File #2197 November 14, 1996 Page 4 that his site planning should incorporate such a pedestrian/bike path within the corridor currentl) defined by the Navarre Lane right-of-way. Park Commission did not suggest that the \acation should not occur, but that applicant should be prepared to grant a bike trail easement of sufficient width to serve that intended purpose, and should plan his site accordingly. No conclusion was reached as to whether applicant should be responsible for constructing the trail. Applicant noted that creating a ramp within the Lafayette Ridge half of the right-of-way would potentially impact his stormwater ponding, would potentially be expensive, and would certainly require the cooperation of the Lafayette Ridge property owners. He suggested an optional routing around the stormwater pond might be feasible with less cf an impact on his site plan (See Exhibit J). Impact of Pedestrian/Bike Path on Proposed Site Plan A pedestrian/bike path (maybe we should be calling it a sidewalk) located between the two p<uking lots will have specific impacts on applicant's site plan; Entire Phase 2 site plan will shift northward 10-12 ’, to allow an 8' trail plus a few additional feet on either side for parked vehicle overhang. Landscaping between the two parking lots will be more difficult to establish. Lighting placement between the two parking lots will be more difficult. The creation of a sloping ramp down to Navarre Lane for bicycles will require some amount of fill and may require a ver>- wide side slope, impacting potential use of the remaining portions of right-of-way for stormwater ponding purposes, reducing the benefit of the vacation to the property owuer. Exhibit J shows a few route options for consideration. General Site Plan Impacts of Vacation vs. No Vacation If the right-of-way is vacated, applicants will gain ownership of the right-of-way. The proposed site plan includes a connection of the parking iot for the bank building to the restaurant parking lot, providing for traffic movement between the two sites. Further, the site plan for the proposed bank indicates 18 parking spaces located within the right-of-way to be vacated. If the vacation is not approved, applicant may not use the right-of-way for parking lot purposes, and must maintain a setback from it (10 ’ yard requirement for side yard adjacent to a street in B-5). Also, the Phase 1 and Phase 2 parking lots must remain unconnected unless the City chooses to allow their connection across the right-of-way. Loss of the 18 parking spaces noted above w’ould result in a need to downsize the building or a request for a variance to parking Zoning File #2197 November 14, 19% Page 5 numerical or setback requirements. If the right-of-way is not vacated, it could not be used for stormwater ponding purposes unless the City is willing to allow such use. Applicant has indicated that the most feasible area for expansion of the pond is directly south and partially into the Navarre Lane right-of-way. Pending fmal approval of the Phase 1 ponding proposal which currently is under review by the Watershed District, the pond as shown on the proposed site plan may have to be expanded just to serve Phase 1. Applicant has indicated the Watershed District may be willing to accept a monetary contribution in lieu of pond construction to serve Phase 2, if the site is not large enough for construction of such a pond. And, any pond expansion from that shown must take into account protection of existing utility lines. Staff Recommendation Approval of the proposed vacation of the remainder of Navarre Lane beUveen the County Road 19 right-of-way and the westerly boundary of Olive Avenue would be appropriate if an acceptable location for a pedestrian/bike pathway can be fo>tnd. Planning Commission should review the options with the applicant and make a recommendation to Council regarding a pathway routing and regarding the vacation of Navarre Lane. Any recommendation for approval should be supported by the findings noted on page 2 and be subject to the following conditions; 1. 3. 4. Applicants shall legally combine vacated portions of right-of-way with their respective properties. ^ All property owners benefitting from the proposed vacation shall be responsible for executing the appropriate drainage, utility, access and pedestrian/bike trail easements over the portions of right-of-way to be vacated. Such easements shall be filed at the time the vacation resolution is filed by the City Attorney's office. As part of applicant's Phase 2 site planning, a trail corridor shall be reserved at a location acceptable to the City (Planning Commission should define now if •1 I \ V V\) ,possible). (Option for discussion). As part of the development of the church site, applicant shall submit a trail grading and construction plan to be approved by the Park Commission and City Engineer, and shall grade the site accordingly to accommodate future pavement of a trail (sidewalk?). dv. &. V IwIckI^ L, , Zoning File n\97 November 14, 19% Page 6 Options for Action 1. Recommend approval per staff recommendation. Items 1-3. 2. Recommend approval per staff recommendation. Items 1-4. 3. Table for further information (specify). 4. Recommend denial, stating reasons. A ' fA. vf '* ■^ A “ ■• $ ^/‘-:c'=-*- n. 1?I Application # DaCe Recclrcd /C* Ji:s . 96-" Amount Paid ^60 cc CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 2360 Shadywood Road Orono. MN Type of Application to be Filed Coawarclal Plan Revlev_________________ Property Identification Number (P.I.D.) 17-117-23 440006» 0007^ 0077, 0078 APPLICANT Name O'Sullivan's Pfione (home) ___________________ Phone (work) 471^0725 ___ Address2420 Shadywood Rd._______City Orono ______Zip_ SS392 OWNER (if different than applicant) Name John O'Sullivan Address Phone (home)__ City Phone (work) 471^0725 ______________Zip___ Date Property Acquired Option July 1995 I (do) (do not) also own the adjacent parcels of land. __(month/ycar) FEES - CONDITIONAL USE PERMITS • _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 InstitutioiMl (church, school, etc.) _____$225.00 Guest House/Gucst Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Commercial/Industnal 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 lakcshore PRD/PID • see Foe Schedule $150.00 Renewal Fee (no change from original application) Aflcr-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) $100.00 Vacation $200.00 Easement /aeation $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 B-5 Present Use of Property______Residential X__Other (specify) Church 80*d 0£0*ON 6Z:Vl 96.S3 iOU 3IU-£9Z-03£:ai NOIlDfldiSNOD TD •'T *u % ■%1 t ' 2. 3. 4. REQUIRED SUBMITTALS 1. j|___ 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 Deportment of Finance, A-603, Government Center, 348-3271). ____Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to cpolicotion 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 owncr(s). ____ Construction plan, if applicable (see staff for requirements). ____As on 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 (ir* X 17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (SialT will require to scale drawings of ail documents, plans, etc. to be submitted.) I'he Applicant and Property Owner must sign this application. Please remember tljat 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 requited or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incitrred in review of this application, and certifies that the information supplied is true arvd correct to the best of his/her knowledge. Applicant's signature 0 0 . Date lO !_____ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and fiirther authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council tnembers for purposes of Investigation and verification of this quest. Owner's signature Date Z7 iis I Applicant must have nil submittals Into the City ofllces 25 day* before the Planning Commission Meeting. Planning Commission Meetings are held on (he 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 auend a scheduled meeting, please make arrangements to have an authorired agent attend in your place and advise the Building Sl Zoning Office of thb change p.*lor to the meeting. 60*d 0£0'ON 0£:l7T 96.S2 130 2TU-£9^-02£:ai NQIiOndiSNOD T3 I B CITY OF ORONO 2750 Kelley P*rlofi ay, P.O. Box 66 Ciystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold a public hearing in ihe Council Chambers at 2780 Kelley Parkway on Monday, November 18,1996 at 7:30 p.m. on the matter of application #2197, a petition by John M. O'Sullivan, owner of 3340 Shoreline Drive, and North Central CBA, owner of 2380 Shadywood Road, for the vacation of a portion of Navarre Lane between Olive Avenue and the right-of-way of County Road 19 (Shadywood Road). The legal description of the right-of-way- requested to be vacated is as follows: That port of Navarre Lane described as follows: Beginning at the most easterly comer of Lot 21, "Wiley’s Navarre Addition, Lake Minnetonka"; thence southeasterly along the northeasterly line of said Lot 21 extended to its intersection with the northwesterly line of Outlet C, 'Lafayette Ridge"; thence southwesterly along the northwesterly line of said Outlet C to its point of intersection with the northeasterly line of Tract A, Registered Land Surv ey No. 1433; thence northwesterly along the northeasterly line of said Tract A a distance of 33.08 feet to the most northerly comer of said Tract A; thence southwesterly to a point on the northwesterly line of said Tract A, 253.03 feet southwesterly of the most northerly comer of said Tract A; thence North 31 degrees 52 minutes 41 seconds West a distance of 43.82 feet more or less to a point on the southeasterly line of Lot 5, Block 3, "Townsite of Langdon Park"; thence northeasterly along the southeasterly line of said Lot 5, Block 3 to the most easterly comer of said Lot 5, Block 3; thence southeasterly along the southwesterly line of Lot 22, "Wiley's Navarre Addition, Lake Minnetonka" to the most southerly point of said Lot 22; thence northeasterly along the southeasterly lines of Lots 22 and 21, "Wiley’s Navarre Addition, Lake Minnetonka" to the point of beginning. All persons wishing to be heard will appear at this time. Written comments are solicited. A map of the proposed vacation is available in the City offices for review. City of Orono By: Planning Commission Michael P. Gaffron, Assistant Planning & Zoning Administrator Tobepublishedthe week of November 4, 1996 and the week of November 11, 1996. 1 ' '/-V K ■i. 7.4 / .nj r-(VA: U6 MISC, »» 55 \ ^ A'"';. 'Vo//? ^ ' • > '3^ /| I * ^‘i y 3 rsTTi i « t/ 4 -s Ta*- /r.i, (7)(6>(5<^; r>y /<>- y -?H /gkl. " '\ \ / *\ V / ^y:'' \' l ■ 'K 't.>r /- \S ? \ li (0\ 'i rf ;»' ''.>*. /V'„ .^f\,- . ^'5 'VV' / . 4^*-'c^er;7» v'-&i:4 'S^\"'<^■v•''^4”^sVi‘/^/ •-y /^ A 65 ^ /'.<■=•/ ^t/ _ / c.>. •■/ \3c>> ^^22) iS 17#. 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II (4T>^ __^>iyiw:s ——I3 \(22) / CERTIFICATE OF MAILING 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 #2197 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 1st day of November, 1996. Jamie[e^osina D rf-mm utt •f/ii/H •ATCM M St 17-117-11 41 0001 0000 AMO OntS MYVIEN OL 00«0 MAM 0 0 MfTfOS A J I »«YftS TA79AVE0 AXCHAIIO 0 A J4MZCI f MATEJIS MAME/AOOA 71OS OAYVIEM OL MATZATA m SSSOl orr ztrooMATioM SYsrtn OTV OM«Ot asT OIOOOT MO. 0X411401 OAfif U 10 17-117-71 41 0007 07704 SNAOVMOOO 00 M 0 A A M FOANRM HIKf A AI0«A OOAMZfM 7704 SMAOVMOOO Off matzata m SSlOl 10 17-117-n 4l 0004 07701 SMAOneoO 00 A M A S A OOOtMALQ KFVIM M A SNXOLEV A OOOCMALO 7701 SMAOVMOOO 00 hayZATA >01 SSXOl 10 17-117-71 41 OOOS 0000 ADOR 01441 COVSTAL OL l»OCO MAM A A L OOOCMALO TAXOAVCI AOCLOCKT H OOOrMALO NAM/AMO 1441 COVSTAL OLACC MAY2ATA M SllU 10 17-117-71 41 0070 0000 ADM 014SA irviMCSTOri AVC OMCO MAM LAM H NOOOC TAXOAVCO LANC M NOOOC NAMC/AOOO 141A LXVlMCSror: AVC MAYZATA m ssnx 10 17-117-71 41 0071 0000 AMO 014X4 LtVINCSTON AVf 0M€0 MAM OOSCMAOV 0 OUOMASTfO TAMOAvco OOSCMAOV 0 tuomsTto HAM/AOOO 14X4 LlVlNOSrOM AVf MAVZATA m »S9X 10 1Y-X17-7J 41 0044 0000 AOM 01441 LIV1N6ST0N 7VC 0M«0 NAM OCrOllS L NCOCR T4XOAYCO OOOnS L HCOCO MAM/AOM 5441 LXVXrCSTON AVf HAYZATA Itl SSin 10 17-117-71 41 D07A OAOO AOOO 01444 LYRIC AVf OiMO MAM r L t S I nirriLSTACDT TAXOAYfO NL^MOS fOitf« L NlTTILSmor NAMC/AOOO 1444 LYRIC AVC MAYZATA Ml SSSVX 10 17-117-71 41 MXO 014S7 LXVIMBSTON AVC MILLIAM i NAI0€LL XI A NlFt MUL:AM I NAIOCLL XX 14S7 LIVXMOSTW AVf NAVARRC Ml Slin 10 17-X17-71 41 0071 01414 LXVIICSTQM AVf STAHLrv A NOOOC OtMlIS TNUCCRS 1177 LARISMOOC OLVO MAYZATA Ml 11191 10 17-117-71 41 M47 01411 LXVXNOSTQN AVf JCTFOCV A RLtNAN jcrrocv allcn rlcnam 744 OOOAOMAV AVC M NATZATA mi 15191 10 17-117-71 4i 0041 01441 LIVXNOSTON AVf CAROLYN N TILLOTSOM CAROLYN N TXLLOTSaN 1441 ItVXfCSrON AVC MAYZATA Ml 11191 SO 17-11/-71 41 0077 01410 LVOXC AVf LOXS N NLMLOM LOIS MAOXC NUOLOM 1410 LYRIC AV MAVZATA Ml SSS9X 10 lt-117-71 41 00X9 01444 LXVXNCSTON AVf FOAM N OLSON CTAL FOAM N OL«M 1444 imMOSTON AVf HAYZATA Ml S1S91 10 17-117-Zl 41 0027 0S4Z7 LXVXNCSTON AVf 0 A SCONA I 0 L SNCLOCN 0 A SCONA • 0 L SNCLOCN 1477 LIVINGSTON AVf MAVZATA Ml SS191 10 17-117-71 41 0041 01411 LXVlMCSrON AVC D V t C N ORUCf OOMS V A CVfLYM N OOUCf 1411 LXVXM6ST0N AVf MAYZATA Ml 51191 10 17-1X7-71 41 0071 014*0 LYRIC AVf JAMS r MXTTILSTAXOT XIX JAMS F HITTCLSTACOr IXX 1440 LYRIC AVC HAYZATA Ml U19X 10 17-117-71 41 007A 01427 LYRIC AVf OANICL C SMAMON OANICL C SMANSON 3477 LYRIC AVC MAVZATA Ml 11191 =1k CO ' r . t V 55 RUN DATE 07/7A/94 BATCH S04 RR90 AOOO OM«R NAM TAXOAYfO N4M/A000 0000 AOOO 0»9«R NAM TAXOAYfO NAM/AOOO OROO AOOO OMIEO NAM TAXOAVCO NAM/AOOO 0000 AOOO CM<0 NAM TAXPAYER »4A-‘.7/AD5a PROP AOOR OMO NAM TAXPAYER NAM/AOOR 10 17-117-71 41 0079 01400 LYRIC AVC NtMIEPIN FOOFElTfO UNO CITY OF 0090 PARR 4/X1/79 ST DECO l'*7Sl 10 17-117-71 41 0007 00010 AOOOEIS UNAISXSMO TOMI 00 OOONO CITY OF OOONO 00 OCX 44 CRYSTAL SAY Ml SS1S9 10 17-117-71 41 OMf 00010 ADOREIS UNASSlGNfO NEMHOXN FORFEITED UNO CITY or onoNO OARRINC LOT SUFFER 1-77-91 ST DECO NO 174990 10 17-1X7-71 41 0099 01400 SHOOCLXNF 01 OALC S JOlPISON NAVARRE HAROHARC C/0 OALC JOlPISOrl 1400 SHORELiNf OS P9 OOX 40 NAVARRE Ml SS197 10 17-117-71 41 0154 01405 LIVINGSTON AVE A HtMitPLN C»TY POOPCSTY INfO»UTIOH SYSTEM MOPCRTY QM€RS LIST SO 17-117-71 41 0000 01400 LYOXC AVf HCtMPIN FOOrCITCO LAND CITY or ORONO PARR 4/11/79 ST DCEO 1S4755 SO 17-117-71 41 0001 00010 AOOOCSS UNASSXGFOO HCMCPIN FOOFCITCD LAND CITY OF OOONO PARR 4/11/79 ST OEEO 1S4754 IS 17-117-n 41 0004 01441 LYRIC AVE H C • D M TZCRMV MILLIAM 6 A DELORES TIERNEY 1445 LYRIC AVC HAYZATA Ml 55191 SO 17-117-71 41 0141 01471 LIVINGSTON AVf SARAMlf M ANOCRSON SARAM/t M AfOERSON 1471 LXVXNCSTON AVf MAYZATA Ml S5191 IS 17-117-71 44 OOOS 00010 AOOOCSS VMAS5IGNC0 TOMI OF ORUNO REPORT NO. PZ4S5401 PACE 14 10 17-117-71 41 0001 01400 LYRIC AVC NEMICPIN rOOFCXTfO LANS CITY OF OOONO PARK 4/11/79 ST 3CtO 114711 lA 17-117-n 01 0004 OOOSi AOORCSS IPIAS3XGM0 NEM«PZN FOtriITtO UNO CITY OF OOONO CCNVCTEO . , Z/0/S7 ST bfCD 141147 10 17-117-n 41 0090 01414 SNOOfLlNC OR OCON-TOM PAOTNiOSNXP CfON-TOM PARTNERSHIP C/0 COURT MACFARLANf P 0 BOX 1411 KIMICTOIKA Ml SSS4S 10 17-117-71 41 0147 01440 SHORELINE OR MAC MUCLLCR RICHARD M DLOOMOUZST 1440 SMORCLINf OR HAYZATA Ml SS191 •9i’i IS 17-117-n 44 0004 02100 SMAOYNOOO RO GRACE BAPTIST CHURCH/NAVARRC *#. (Y) PROP AOOR OMICR NAM TAXPAYER NAM/AOOR SHERYL A PATTEN CITY OF OROrO NORTH CENTRAL COA • K tllO14CS LIVINGSTON AvC PO BOX 44 7740 UNIVCRSITY AVf N I MAYZATA Ml 55191 CRYSTAL BAY Ml 5S1S9 FRXOLCY Ml 55412 - 18 17-117-21 44 0007 07144 SHAOYNOOO RO CRACf BAPTIST CMURCH/NAVARAf 10 17-117-21 44 0000 OOOlO AOORCSS UNASSXGNCO MEM«PXN FORFEITED LAND SO 17-117-n 44 0009 07S77 SHAOYNOOO RO HARCCL S OXTTRXCH 4 % NORTH CENTRAL'COA CITY OF ORONO MARCEL OXTTRXCH 7740 UNIVERSITY AVC N C 0110 CONVEYED 7177 SHAOYNOOO RO FRIDLEY Ml 55417 Z/0/07 ST OEEO 141145 HAYZATA Ml S5191 • 1 ■UN MTI ST/Zi/M ■ATCif M4 NiMC^ltl CtMirV PHOntTV INPORlUTiaN STSTIN Mo^etrr cmcks iist ■ifMr NO. msiAOi ■A8t IS OMC« NANI TAWAVta MAm/AOM SO 17-117>tS ■% OOlS •MM AOMfSS UNASSI9CO HC»t«7ZN fORHl^S WANO czrr OP OHM •AUK 10/17/00 ST OCCO 154140 M 17-117-tS 44 OOtO •MfS arrsTAt. oav to JfrnWY NAM IIAffSt JAPP tamo lin CtVSTAt OAf 00 MLYZATA m SS541 M 17-117-11 44 OOtl onto orrsTAu oav no S O iOOtfNlAll 0 V NCKZ»t€Y S SOOItNXAR 0 V NCKI^•aY IIM CHYSYAL SAY tO NAY2ATA rM SSS«1 MOO AOOO »•«■ NAI« TAI9AYCK NANC/AOOi M 17-117-21 44 M22 •140S CtYOTAL SAY AO ALONA J OAOLINO AiVNl J OAOLXNO 140S CSYSTU SAY HOAO IUY2ATA MI4 5S1Y1 M 17-117-25 44 002S •tm MYVltM PU CLEMIHT P tZnCM JH IT Ak CLtNiMT P OXtCM JH AND OAMAAA J SXMAiU-OZOCll 2205 OAYVXCM PL NAYZATA m 55541 10 17-117-25 44 0020 •ms OAYVXCM Pi ■ i J HAZASO •OOIRT OAYNONO MAZARO 1211 OAYVXCM Pt NAY2ATA m SS541 PROP AOOR 0M«R NANI TAMPAYCR NANC/AOOR M 17-1X7-25 44 0027 0222S OAYVXEM Pi TIRCSA AMC ROCN YfRCSA ROCM 2221 OAYVXCN PIACC MAYZATA N4 1S541 5A 17-117-21 44 0020 •224S OAYVXCM Pi T J I t P MAILOCR nORY J NALIOCR Txrrxriv pool nallock 2245 OAYVXCM PI MAYZATA m 55541 10 17-117-21 44 0024 02251 OAYVXCM PI PATRICIA A OUONCICC PATRICIA A OURNIICC 2251 OAYVXCM Pi NAYZATA m 55141 POOP AOOR OIMCR NANI TAMPAYCR NANC/AOOR 10 17-117-21 44 0010 022A5 OAYVXCM Pi OAVXO M DCAN A OIANC N Ol^^l •AVID M A OXA>« N OCAN 2245 OAYVXCM PkACC MAYZATA Ml S5541 SO 17-117-21 44 0011 0227S OAYVXCM Pi JANCO R ANOCRSOTI JANCS R ANDCR50N 2275 OAYVXCM PLACC MAYZATA NN 55541 10 17-117-21 44 0052 OOOM AOOOCSS IPlASSXdO OCNt ANi SMttYLi OiOCR CCNi AND ONORrii OiOCK 2105 OAYVICm PiACC NAYZATA 7M 55541 PROP AOOR 0I44CR MANC TAMPAYCR NA7C/A00R M 17-117-25 44 0051 025C5 OAYVXCM Pi R H SriiLXNB CTAl CCNC N OLOUl 2505 OAYVXCM PLAC3 MAYZATA m 55541 M 17-117-25 44 0041 02250 •AYVXCM Pi CATMY JO TilONCR TOM 0 CATMY TURMCR 5557 OARTiCTr BiVO nOlMO 5S544 IB 17-117-25 44 0042 02240 OAYVXCM Pt RXmCRlY A 2RZCSM AimCRLY A IRXC50N 2240 BAYVXIM Pi MAYZATA rtl 55541 PROP AOOR 0»#€R MANC TAXPAYER NANC/AOOO !• 17-117-25 44 0054 05120 NAVARRE iA PAUL J PASCUZZX PAJi J PASCUZZX 1120 NAVARRC U NAYZATA m S554I U lT-117-21 44 0040 05524 NAVAP4C LA ORCTT HALLONOUIST •RCTT R MALLONQUIST 5524 NAVARRC LA HATATA m 55141 IS 17-117-21 A4 0041 02144 OLIVC AVI JAmS S MXTZ JANCS S NCXTZ 1544 OiXVf AVf HATZATA m 5Sm RUN DAT! 07/24/44 SATCH 504 MC>p«PXN colpmr property xnpornation system PROPERTY 0M4CRS LIST RtPOOr NO. PI455401 PA6C 14 PROP AOOR 0M4CR NAMC TAXPAYER NA7C/AOOO 10 17-117-25 44 0044 02110 OLIVC AVC 0 A JARUOXAR A I N JARUOIAR OR!AN A JAKUtXAR 2110 OilVC AVC MAYZATA m 55541 PROP AOOR (M€R NA7C TAXPAYCR NANC/AOOR St 17-117-21 44 0047 02114 OiXVC AVC iOUXSC 0 DAY iOUiSC 0 DAY 2514 OilVf AVC NAYZATA rM 55141 PROP AOOR 0««R NANC TAXPAYCR NANC/AOOR SR 17-117-21 44 0071 02514 SHAOYNOOO RO C A RU6UN CT Ai N/t 1ST lONXN I NAOli RLAiXN 2514 SNAOYMOOO ROAO MAYZATA m SS541 SO 17-117-21 44 0045 02120 OLIVC AM J T JACOBSON OLD JACOBSON SB 17-117-2S 44 0044 02510 OitVf AVI PATRICE N ttJUtVAN J T JACOBSON OLD JACOBSON PATRICK M rJiiXVAN 4 252B OLIVE AVC MAYZATA NN SSS*! tnO OLIVC AVC MAYZATA 5S54I SB 17-117-25 44 004B D2504 OLIVC AM RARCN C iV«CRSON KAJtCN C ANOCRSQN SB iM17-25 44 0044 02500 OLIVC AVC HARCARCT A NOOO HAROARCT R NOOO A., ' 2504 OtXVC AVC ORONO *94 55541 2500 OLIVC AVC MAYZATA *94 55541 • 0 It 17-117-25 44 0074 SB 17-117-25 44 0075 J “ ; 02524 SMAOYMOOO RO R J HACrNCR 0 C r HAIFNCR 02554 BHAOYNOOO RO JAB CRICSON RICHARD J/COLLCIN f HtirMfR JOIM C 1 BARBARA | CRICSON ; 252% SHAOYNOOO RO 1*20 SNAOYMOOO RO ; . NAYZATA *94 55541 MAYZATA *94 51541 • J ^ N. uoro PROP AOOR »«€R NANC TAXPAYCR NANC/AOOR 50 17-117-25 44 0074 02554 SNAOYMOOO RO JO»M C A lAROARA C CRICSON JOm t SARSARA CRICSON 1420 SHAOYNOOO RO NAYZATA PN 555*1 It 17-117-25 44 0077 01524 NAVARRC iA • 6RACC SAPTXST CMURCN/NiVAttC CAACC BAPTIST CHURCH/NAVARRC 2500 SHAOYNOOO RO ORONO *94 55541 50 17-117-25 44 0070 00010 AOORCSS UNAS5ie«0 MACC OAPTZST CHURCH/NAVARRC 6RACC BAPTIST CHURCH/NAVARRC 25AO SHAOYNOOO RO ORONO NN 55541 JtyrsLvjS t V a PROP AOOR (»«ICR NANC TAXPAYCR NANC/AOOR 50 17-117-21 44 0074 02141 SHAOYNOOO RO H R 6R0CTSCH • C J CROCTSCH LOUXSC A OANOtLNOrP 2541 SHAOYNOOO RO NAYZATA *94 55541 SB 17-117-15 44 OOBO 0005B AOORCSS UNASSXCNCO TOM or OROIO CITY 0* OPONO PO BOX 44 CRYSTAL BAY »l S5114 SB 17-117-25 44 0002 02200 OAYVXCM Pi OAiC MATSON CTAL DALE MATSON CTAL 2200 OAYVXCN PLACE MAYZATA m SSS41 PROP AOOR OMCR NAMC TAXPAYCR NANC/AOOR SB 17-117-21 44 OOBl 02250 OAWXCH Pi J L SCHNCCR I P M SCKNCCK J i 4 P N SCIMCCX 2250 BAYVXCN Pi S NAYZATA m SSI 41 50 17-117-25 44 0004 02550 OLIVE AVC NANCY C RUST NAiCV C NCLSON 2550 OUVC AVC lUYZATA *94 5S541 St 17-117-21 44 0005 05540 SNORCLXNC DR VOYASCUR SCRVXCC CENTERS INC V0YA6CUR SERVICE CENTERS INC P 0 tOX 45 NAVARRC *94 55542 m#« OATf 07/<i/M •ATCN SM nM coiMrv HM^iirv itrowurraN trsTiN MHVcJirr OM«n usr KtNXT m. FT^SMI »AGf 17 7W AOM OMEI NAr« TA)9AYf« HATC/AOOt Pt09 AMR »A€i MIMi TAXRArCR MAI«/AMR M9 AMR OMR NAm TAI^AVCR NAMC/AMR ARM AMR OMR MAM TAWATtR NAM/AMt RROR AMR OMR NAHi TAXRATfR MAfC/AOOR RRQR AMR OMR NAM TAXRATtR nam /amr so 17-U7-ZS 44 MM OStOf LArAVfTTf RXOM SAU.V J nCCAM SALLY J HCCAM SZOS LAFAYim RXDCf CT NAYZATA m ssin so 17-117-n 44 MM OSSM NAVARRf LA RAYMOND N RASCN RAYMOND N RASCR SSM NAVARRf U HAYZATA m 55Xn SO 17-117-ZS 44 0101 OSSAO SNORCLIM M L t C ROCMN LfROY • CAROL ROCMN 74OZ0 VALLCYMOOO ClCCCLSirR r04 ssssi so 17-U7-ZS 44 0107 •tS04 SNAOYMOM RO CRAS6 ALLCN OORCNAROT CRAX6 ALLCN OORCNAROY 7504 SNAOYMOM RO MAYZATA m iSSYl SO 17-117-71 44 Olio 0S700 NAVARtC LA CNARALAMROS NARXNOS CNAOALAMOS MARINM 17400 SUSAN LA mimtoma m ISS4S M 70-117-7S 11 M17 074SS SNAOYMOM SO JARIOO INC JARZOO INC RO ROM 90 MAVARRC NN SSS97 M 17-117-7S 44 0004 000SR AOORCSS UNAOSXONCO MtMRtM rORfCZTtO LAM HCMRZN fORfCZTfO LAND SO 17-117-75 44 0099 OMSO AMRCSS UNASStMO CITY 07 ORONO CITY 07 ORONO RO OOK 44 crystal OAY m S51S9 so 17-117-7S 44 0107 07SOS SMAOVMOM RO S R SCieiXOY A S J 8CNMTBT 8TCRMCN N scmiOr 7501 SNAOYMOM RO OOM IS MAYZATA m SSS91 SO 17-117-71 44 OIM 07740 SAYVI7W RL JACMLYVOI J SCCNIR JACMLTIM J U;?«CR C740 OAYVICN RL NAVZATA m SSS91 SO 7C-117-2S 11 0007 07470 SNAOYMOM RO VOYAGCUn SCRVtCC CINTfRS VOYACfUR SfRVlCC CfNTCtS CO RO IS I 19 NAVATAC M SS197 SO 7t-117-7S 11 Mli 0Z4SS SNAOYMOM RO R N CNCIUNO cr AL TRUSTtfS RAUL M A JCA>«« N CNCLM RO OOK 9S MAVARRC S5S97 Si 17-117-CS 44 Mti OtSM SAYVICM RL J A A L OCLCOURY JASON A SfLCOURr ZSM SAYVICN RL MAYZATA 101 SSS91 SO 17-117-CS 44 OlOi OSSOZ SMORfLXM 00 OLASS XX RARTMCRS OONALO NCCARVILLC SS07 MARNCR LA nouNO m iS544 so 17-117-CS 44 0104 C7SM SNAOYMOM RO RNYLLXS ncmcrson RNYLLIS NCMOCROON ZlOO SNAOYMOM RO NAVZATA m SSS91 50 17-117-ZS 44 0109 05Z04 NAVARRf LA GRACC NARIC DANL GRACf NARIC OAML R 0 toK m MACONIA m SS507 SO tO-n7-7S 11 OOlf 0744S SNAOV»«M RO 1ST NATL 0AM 07 MAVARRC 1ST NATL SAM 07 NAVARtC CO ROAD IS f CO ROAD 19 NAVARRf 104 SSS9C St CO-U7-7S 11 0074 OSSSS SNORlLlNf DR NOT CQNRANV 9URCR VALU STMCS INC CORRORATC TAN 04RT RO OOM 990 HRLS m SS440 cd RU4 OATC 07/74/94 SATCH S04 AOOO OMR NAM TANRAYCR nanc /aoor RROR AMR OMR NAM TANRAYCR NAM/AOOR SO 70-117-7S 11 0012 OMSO AOORCSS UNASSIOXO 1ST NATL 0AM 07 NAVARRC 1ST NATL SAIM 07 NAVARRC R 0 SON 17S NAVAJIRS m S5597 SO 70-117-7S 12 0054 0S42S SMORCLXNC M RXCNARO H KfAVCNY CTAL RXCNARO N KCAVfflV R 0 03X S9 NAVARRC NN SSS97 NCMRIN C(M4TV RRORCRTY INTORNATION SYSTCN RRQRIRTY OMRS LIST SO tO-117-7S 11 0014 07SOO SNAOYMOM RO CRCSNHATIR FOUNDATION FRCSNMATCR FOUNOATXM SRtXNC mill CCNTCR 72S SX)rrH AVt N MAYZATA M SSS91 M 70-117-7S 17 eoss OMSO AOORCSS IRiASSXCMO MLLY COvf ItOtOtS ASNAMONO RCLLV COVt ItOOAS ASN/ORONO C/0 UN OOCSCL 100 S STM ST SUIT! 7SOO MLS m SS407 RCRMT NO. R14SS401 RA6€ 10 Sf C0-117-7S 11 OOSO OOOSO AOORCSS UNASSXONCO FRCSMTCR FOUNDATION rRCSMUTCR ‘ FOUNOAnON 77S CO RO 4 MAYZATA tfi SSSfl TOTAL SATCM S04 00091 I CCRTIFY THAT TMC FACTS RCRRCSCNTCO ARC AN ACCURAH AlO TRUC RCRRCSINTATION OF INFORMATION AS XT ARRCARS THIS DAT! ON TMC RXCOROS OF TNC MCrcaRXN COUNTY OCRARTNINT 07 RRORCRTY TAXAnON, TO TMC ICST OF HV RN0MLCD6C AND tCLXCF OATC MiOC'td / A lilt* / a- .■ •'•* / /// ^0 // #// /# / /'e /I 9.'^ o: i >:\/ i / / ///AJ au ^^v Ljk<^c:t / / ^ «\JkCJ!^en^ njM§ I ^ » . ^#1 • • ; I •! % 'm t / y .'>^0 I/ c<* ........S'-.X^ •.. " ...................... vT>i^^■-" .!» -X V/.s^ , • ••. % ••: -r»cscN coMTia kT W€t « -------J *% \C3 ' /\y yy / •* \ \ \ >/ .N‘ V -* #7 « \ '■- *V- ^1* '■•■ v' - * ••. V a « \ // N V \ % \ » « \» . ^ V •*. *•. mi I7 /' /■ :•' »*./ % .* ,y \/FT .954 0 N:: / / \<=:>■: I aX. • \ •- \ o \ V • ••.X [/f \ \x *4 ^ * •4*’^ ^ *► ^i» \7 ^ ---"'r ft; / / / ri ^ m ^ \ . .\ l\ « «»V % -u j: •'<* •laiJiCT. - • ^0*^'- I — w f, S 10.12 SEC. 10.12. VACATION OF STREETS, ALLEYS AND PUBLIC GROUNDS. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this Chapter, except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two (2) weeks published and posted notice, all as required by Minnesota Statutes, Section 412.851. The Council may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". Source: City Code Effective Date: 4-1-84 SBC. 10.13. ENFORCING. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in viola tion of this Zoning Chapter, "the Zoning Administrator, in addition to other remedies, may institute any proper action or proceedings in the name of the City, and hereby shall have the powers of a police officer to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct or abate such violations, to prevent any illegal act, conduct, business or use in or about said premises. Source: Ordinance No. 172 Effective Date: 1-1-75 (Sections 10.14 and 10.15 reserved for future expansion.) ORONO CC 275 (4-1-84) i "■'liWP' |\ <?■ iiiciwEsr COMMUNICATIONS @ NOV 7 l.S9o 5910 Shingle Creek Parkway Brooklyn Center, MN 55^30 November 5, 1996 Mr. Michael P. Gaffron Asst. Planning & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Notification of proposed street vacatlon-Navarre Lane I Mr. Gaffron: TM« la in response to your letter dated November 1, 1996 which i«U. on th. abov. raf.r.nc.d vacation on Navarre Lane. US West Communications, Inc presently has lection to provide for future maintenance/reinforcement. Respectfully Yours, 'Q, Munson US West Field Engineer 612/569/3017 DAN CLAUSEN Hi \;ionul Eu i ttnu* Dnxctttr Phone 612-571-7933 Fax 6I2-57I-S017 North Central CBA 7260 University Avenue NE Suite 110 Fridley. .M.\ 55432 e-mail: nccba^aol com H October 21, 1996 Mike Gaffron City of Orono P.O.Box 66 Crystal Bay, MN 55323-0066 Dear Mr. Gaffron: i- y • • ^ .-T • • I J . • ‘ '/ »• K, ' i * « ^ 1 I am writing to inform you that we^are joining with John O’Sullivan as applicants in the commercial site plan review, the petition to vacate Navarre Lane, and in the application for variances concerning our property at 2380 Shadywood Road (Grace Church). If you have any questions, please feel free to call my office at 571-7933. Sincerely, Rev. Dan Clausen Regional Executive Director North Cenu-al Conserv'ative Baptist Association DC:rt i^c: John O’Sullivan Providing resources for church growth and church planting. 1111!C I i ll'il.i 1 ^ li'Pi' 5 *i! i!^ i' \r \\\ V... im\HI 11! I? § rK e HUi i it 1 1 P Sop* « ?I 3% I PI* ^ si s/ ^2 2 «4 Oi c ^ 't ^ X ^ o ^ o i fill Cl. ? _ o 1<M Mt ^ PM •« M tnt»u if c I Cp >wi«« hi • >•« ••>• «M« M • *««>«*• Up* • *MP«» if M PP^ if >M •«•*«« 4 •><(* ^p»i«p iP>pp r«i ■*'•" if Cl Cmpmi * •« 11 CpNi*«lap ** pipi *t ••» wipm M* * mt *mm >m M i«^i i**** •* ««■>*■* ' »M» »M«pi V* «WipM«« # P*«l PiPPp* •« I* •• MP/P# I* C««>M«a irm u cmP'mM ( <4«riri cftrr* r»*ii »»•> cmumK, mv rr M Ci» U«» W» 0*f<f VPiPiP'.*'* «* I AM A «fWf»ff> APC*«f/ff I0t»* !*•' fMI 1UI| uf MMflOM arc •« i£C.I. Construction, Inc, t2t0 Droadway / P O Box 965 Alexandria. A/M 56303 320- 763-2993 O’Sullivan's Development Convenience Store / Restaurant Facility Navarre. Minnesota Project Number: 2562-96 Scale: i* - 60*-0" Date: 06/17/96 Revised: 10/25/96 Pro). Mgr.: Joel See'o CAD By: SJH (AutoCAD Rl 3) Paoe: ^ 2A \ ^ td rf « *• ^ Cl CMisctOT. «t • IW kM* «Mi M • W«0 ** Ca«« ■ 0 pm^ tl »* *«i-wt 4 »»*!«« »i»K r« »■*•» «*■■■< rvj« Cf» ^ / ConsIruclion, /nc. f2f0 Broadway / P O. Box 965 Alexandria. MN 56308 320-763-2998 O’Sullivan's Devetopment Convsnience Store / Restaurant Faditty Navarre. Minnesota Project Number. 2562-96 l*«. <v m>« nA. I« l-pm 0P Pmrppmfpt « Mnt Aww.. vt t. It tp iM, M Scale:r = 6o ’-o’ Date:10/28/96 Revised;10/28/96 Proj. Mgr.:Joel See la CAD By:SJH (AuloCAD RM) » k^ATt* '>*1' ’•«% Af ««I0 (rr M oA LAO* ir» iA*tc> rn*' I *0 * mcnumo A*o«ifci '■< c» ri4 tuir 9 MitkMvuu Paoe: ^ 2.5 m "i X Sw VT' •vli «<o.k ll:; V.V. Vv r- *»:T.* .► U-•'“* ' \v_y M fi A ii ---------- rrr-r-"-: - ~ i" i ■ •;. 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Planning & Zoning Administrator November 13, 1996 *^2198 John O'Sullivan, 2380 Shadywood Road - Commefcial Site Plan Review and Variances - Public Hearing Zoning District; B-5, Limited Neighborhood Business District Application: Request for Commercial Site Plan Review and variances for construction of a bank and office building on this 1.9 acre site (1.75 acre excluding Navarre Lane). List of Exhibits A - Application B - Plat Map C - Property Owners List D - Survev Submitted H - Existing Site Plan F - Proposed Site Plan G - Proposal Statement H - Staff Letter to Applicant 11/1/96 1 - Citv Encineer Letter 11/4/96 Application Incomplete As detailed in Exhibit 11. this application is considered by stalTto be incomplete. Applicant and staff met approximately three weeks prior to the application deadliiie, and applicant wa* provided with a punch list of items needed for the application. On the application deadline date applicant provided minimal information, indicating the remaining submittals would be immediately forthcoming. Those items have yet to be submitted and applicant has been provided a letter specifying the deficiencies. Missing items include: 1. Current certificate of survey. Proposed building elevation views and floor plans including information regarding requested height ^ ariance. Proposed site grading plans show ing existing and proposed contours, volume of cuts and fills, storm water pond design, the location, construction and height of proposed retaining walls, etc. 2. 3. I Zoning File #2198 November 13, 1996 Page 2 Written addendum in support of the v ariances requested. Those variances include parking setback from property line, structural coverage. 500-1000' hardcov er, and building height. Preliminary Variance niscussion Will Assist Applicant The application for vacation of Navarre lane was considered as complete by stafl'. and Planning Commission's review and recommendation on that application is critical to the applicant’s ability to continue his site planning. Additionally, although we are handcuffed by a lack of information, the applicant would benefit at this time by Planning Commission's brief consideration of the requested v ariances, so that applicant might be provided at least some sense of direction regarding those v ariances. If for instance. Planning Commission feels there is absolutely no justification to grant hardcover or lot coverage variances for what is essentiallv new development on a substantially vacant site, then that knowledge will guide the applicant in refining his site plan. This memo will briefly review each of the four v ariance requests: 1.Hardcover: Ihc northerly 1/.3 and the southerly 1/8 of the site are located within the 500- 1.000’ hardcover /one. which allows 35“ b hardcov er. The central portion of the property is not in a defined hardcover /one. In the northerly 1 3. hardcover is proposed at approximately 48%. In the southerly 18. hardcover is proposed at approximately 73%. These two areas combined v ield 54% hardcover where onlv 35% is allowed. The central portion of the property not located in hardcov er zone would appear to be in the 60-70% hardcov er range. It is interesting to note that neither of the two hardcover zones identified discharges to the water bods which defines them: i.e. the northerly zone is defined by Crystal Bay, and the southerly zone by Carmans Bay, but both the zones actually drain to Lafayette Bay. Additionally, all that drainage will first discharge to a retention pond, then flow through two distinct wetland basins before it reaches Lafayette Bay. Issues for Consideration: Absent further detail or a hardship statement, will Planning Commission consider granting the magnitude of hardcov er variances requested'? Does the fact that all stomi water will be treated in a stomi water pond and flow through two wetlands prior to reaching the lake, suggest that the excessive hardcover has a limited impact'? I Zoning File #2198 November 13. 1996 Page 3 2.Lot coverage: Since the original site plan review last summer, applicant has scaled down the size of the building such that it may in fact meet the 15% 'lot coverage by structure' standard. Including the lot area gained by vacation of Navarre Lane, applicant indicates structural coverage will only be 13%. .Applicant has not indicated whether a structural coverage variance would be necessary if Navarre Lane is not vacated. Issue for Consideration: If a lot coverage variance is needed, is there sufficient hardship to justify granting that variance? 3.Front (street) parking setback: The R-5 district requires a 20' front yard. Section 1^ 'd, SubJ. 5(B) defines that for B districts, parking is not allowed in a required yard. .Althc -gh that code section discusses the B-1. B-2. B-3 and B-4 districts, but not the B-5 district, stafi' would argue that this is an error and that this standard was als*i intended to apply to the D-5 district. 4. .Applicant proposes parking along the fnmt line within 4'6" of that lot line where a 20' setback would be required. .Applicant’s request for this variance is to provide for all of the uses proposed for the site. i.c. accommodating the proposed building si/e and shape while pro\ iding a functional parkiitg lot and providing space for the storm water pond which serves Phase 1 (but which may ultimately not be large enough to adequately serve Phase 2). Issues for Consideration: - Will Planning Commission recommend approval for a 15.5' variance to allow parking w ithin 4.5' of the street lot line as proposed? 1 he intent of required yards is to provide open .space as weP as green space. Does the proposed .setback variance still yield a green space along the street that is acceptable and consistent with the City's vision for the Na\arre area? Building height: .Applicant has indicated the need for a building height variance. However, no cross sections or site grading plans have been provided to allow staff to conclude whether such a variance is necessary. In general, will Planning Commission consider the granting of a heicht variance for this new' construction? Staff Kecommendation Planning Commission may wish to briefly consider the requested variances and give applicant some general direction, or Planning Commission may conclude that there is insufficient information to give that direction. While it may be difficult or impossible to reach a reasonable conclusion on each of the variances absent the necessaiy' infomiation, if Planning Commission feels strongly that certain Zoning File #2198 November 13, 1996 Page 4 of the variances have no hope of being granted, applicant should be so advised. Absent the required information to make this application complete, this item must be tabled to Planning Commission ’s Januarv- meeting. Applicant should be advised that the 60 day time frame established by State statute for review of zoning applications will not begin until sueh time that this application is determined by staff to be complete. Options for Action 1. Provide variance direction to applicant, table to Januar>’ meeting. 2. Table to lanuar>' meeting. 3.Other. .'I •t « .•*r. i' Application # ■#' ^Date Received /o 3-s 9c> Amount Paid CITY OF ORONO - VAMAJ^gRiKAPPLICATION Initial Application Fee /'i220^Q^ (SSO.OO per each additiooal vanance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 Aftei-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 2380 Shiadvwood Road Property Identification Number (P I P.) 38 17-117-23 440006» 0007, 0077» 0078_____ Attach legal description to applicotion if not included on required survey. Date Property Acquired______Option July 1995 _____________________ (month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: ____residential " JL __other (specify ) Cloaed Oiurc^ Zoning District: B-5______________________________________________ APPLICANT Name 0'Sulllv^u^*s Phone (home ) 471-5399 Phone(work) 471-0725 Address: 2420 shadyvood Road City; Ororvj Zip; 55392 OW'NER (if different than applicant) Name John O'Sullivan Address: 8047 Ranchview Iiarve Phone (Itomc) 471-5399 _____ Phone(work) 471-0725 City: fteple Grove ______Zip: 55311 DESCRIPTION OF REQUEST Estimated ConstrucLon Cost $ Describe request in detail: variances requirexi for front setback fo r peurkir^g (anach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage X Setback:X Front Side Rear Average Lokeshore 2_Other (specify) Height of structure - Structural cover HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: unusual shape of property^ elevation, and requirement for retention ponds requires naed for variances (attach additional sheets if necessary) I70'd 0£0*ON IZ:PI 96.S3 IDO 3UZ-£9Z-03£:ai A NOIiDndiSNOD TD REQUIRED SUBMITTAI.S All of the, followiny information must be submitted bv the anniication <Icadline djte in order for vour application to be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners l ist of owners wilhiu; 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 mclude hardcover calculations as required. In addition, provide one (1) copy S'/a" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in c.xisting grade arc proposed. In addition, provide one (1) copy 8*/i" x 11" for reproduction. Sketches or plans of floor A elevation views (provide one (1) copy 8'/j" 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 owncr(s). As an addendum to this application, please attach a sepiuats li.st 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 vour variance application is not complete If the above Information h.ns not h<»en included. APPLICANT'S SICNATUIUt: 'flic applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff lime not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the infomiation supplied is true and coacct to the best of his/her knowledge. Applicant’s Signature Q ■>/ -. tK 0 Dace 10 | H C UOWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and ftirther authorizes reasonable entry o.nto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. 1^ (./ _____ Date I ^ I ^ G?Owner's Signature U Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the tliird 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 rneeting, please 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 SO'd 0£0‘ON SZ:Vl 96.SS IDO Cn^-£9Z-03£:ai % NOIiDndiSNOD TD RUN OATf 07/tA/RR •ATCN SO* MEfMEPllt CL’MIV PNOPCRrV turoRmriOM STSTCN »*OPCRrv IROCRS LIST PROP AOOR (OMCR name TAXPAYER HANl/AOOfl SO 17-117-ES AS MOl 021RS OAV' XEH PL R P MEYERS I J E MEYERS RXCMARO P • JANZCf I MEYERS RAYVXCN PL MAYZATA MN SSSYl SO 17-117-71 AS 0007 SNArYMXJO RO N P A A M FRANZfN NTRE ■ ik.‘««A PRAMZEN ZJY* SPAOYAR.00 RO NAY2ATA MN SSIAl PROP AOOR »0€R NAME TAXPAYER NAME/AOOR sa 17-117-2S AS OM OJYAX CRYSTAL PL AIL ROOEMALO AOCLOERT H ROOENALO s**AS crystal place NAV2ATA m SSSn SO lT-117-75 AS 0010 03A57 LIVINGSTON AVE MILLIAN R NA)0«LL It I MXFE NXLLXAJI R MA)OCLL XI SASZ LIVINGSTON AVf NAVARRE m SSS*1 PROP AOOR 0»P«R NAME TAXPATfP NAME/AOOR sa 17-117-7! AS 0070 0SA50 LfVINCSrori ave LANE N MOORE LAIIE N MOOnC SAS8 LivxMGsrai ave NAYZATA r04 SSSAl 58 17-117-7S AS OOn OSAU LIVXtOSSrON AVE STANLEY A NOORE DEM4IS TMUECXS S177 LARESNORf RLVO NAYZATA MN SSSU PROP AOOR 0«<R NAME TAXPAYER NAMC/AOOR SO 17-I17-7S AS 007S OSAIA LXVXNCSrOt AVE ROSEMARY P RURMASTER ROSEMARY P OURMASTER SAIA LIVINCSTON AVI MAYZAT* - , 55SAI SO X7-117-7S AS 00*7 OJ%JS IXVXMCSTON AVE JfFfRfV A RLEHAN JEFERCV ALLEN RLtMAN 7** OROAOMAY AVE N NAYZATA SASYl PROP AOOR OPPR NAME TAXPAYER NAME/AOOR SB 17-117-7S AS OOAA OSAAS LIVINSSTtW AVf OEFOfIS L HfOER OEFOnS L HEGER SAAS LivxrosroN ave NAYZATA HN SSSSl SO 17-117-75 AS 00A5 OSAAS LIVINGSTON AVf CAROLYN N TXLLOrsON CAROLYN N TILLOTSON SA/.S LIVINGSTON AVE NAYZATA MN SSSU PROP AOOR OlPtfR NAME TAXPAYER NAME/AOOR SO 17-117-75 AS 007* OSAAA LYRIC AVt r L i S E mxttelstaeot MRy^S ERArai L MITTELSrAECr SAAA LYRIC AVf HAYZATA MN 5Sm SO 17-117-75 AS 0077 OSASO LYRIC AVt LOIS M HLDLOM LOIS MARIE MUOLQM SASO LYRIC AV NAYZATA MN SfiSAl RIPI DATE 07/7A/P* BATCH 50* NErMPXN COUNTY PRCF’iRTY INfORMAnON SYSTEM PROPERJv OKIERS LIST PROP AOOR OMNR NAME TAXPAYER NAME/AOOR SO 17-117-15 AX 007A 0SA08 LYRIC AVf HtFPlEPXN rORFElTEO LAND CITY OF onOND PARR A/15/7S ST DEED 1SA755 58 17-117-25 AS 0080 05A08 LYRIC AVE HENNEPIN FORFIXUO LAIO CITY OF OROMO PARR a '15/7S ST OEEO 15*755 PROP AOOR OAtYER NAME TAXPAYER NAME/AOOR sa 17-117-7! AS 008Z OOOS8 ADDRESS UNASSlCNiO TOAPI OF OROTR) CITY OF ORONO PO BOX ** CRYSTAL BAY 5555* SB 17-117-71 AS 008! 00058 ADORED UNASS1C7«0 NEFPJCPIH forfeited LAND CITY OF ORONO PARR A/lS/7f ST OEEO 15*75* PROP AOOR 0»*<R NAML TAXPAYER NAFYf/AOOR SB 17-117-7! AS 008S 0005B ADDRESS UNASSX9C0 NEFP4EPIN FORFEITIO LANO city OF OftOMO PARRINC LOT BUFFER S-77-S1 ST C?£0 NO 17ASW 3« 17-117-2! AS OOfl* OSAAS LYRIC AVE M G I 0 M TXERfCY MILLXAM G I OflOAfS TIERNEY S<«*5 LYRIC AVE HAYZATA MT4 SS5B1 PROP AOCR 0»*4fR NAME TAXPAYER NAri£/AS9R 58 17-117-75 AS OOOa 0!A00 SHORELINE Dfl DALE S JOttlSON NAVARRE HAROHARE C/0 DALI JOHNSON SAOO SHORE LINE Oil PO BOX *0 IUVa RRC m 555Y7 58 17-117-75 *5 01*1 0SA7S LIVINGSTON AVE SARA»*4E H AN0ERSC?4 SARA7t4I M A;OERSON SA75 LXVIKSSTON AVf NAYZATA FV4 555T1 PROP AOOR OiaRR NAME TAXPAYER NAMf/AOOR SB 17-117-7J A! C15A 0!A0S LIVPlGSrON AVE SHERYL A PATTEN SHERYL A PATTEN SAGS LIVINGSTON AvE MA'^ZATA m sjsn 58 17-117-2! AA 0005 00050 ADDRESS lP4ASSICflE0 T0»*4 OF 0R»« city of ORCfC PO BOX ** CRrSTAL BAY Ft4 55559 PROP AOOR OFtiCR I'AMC TAXPAYER NAME/AOOR 5B 17-117-7X A* 0007 0754A SHAOYNOOO RO GRACE BAPTIST CHURCH/HAVAnni NORTH CENTRAL CBA 77*0 UNIVERSITY AVf N E BllO FRIulEY m S5A5Z 58 17-117-75 ** 00C8 00050 ADDRESS IPUSSICNEO HErtiEPIN FORFEITED LANO CITY OF ORONO CONVEYED 7/8/8Z ST DEED l*llA5 RfPRMr ND. P1ASS*01 PAGE IS SB 17-117-7S *S BOO* GZ79S BHAOYMOOO RO R M • S A ROOCNALB KEVIN M a BNIRLEY A ROOENALO Z7M SNADYNOOB RB IttYZATA m 55S91 SO 17-117-7! AS OOIA OS*** LIVINGSTON AVf FRAME H OLSON ETAL FRAME H OLSON S*** LIVINGSTON RVE HAYZATA m 5SS91 sa 17-117 cS AS 0*77 OSA27 LIVINGSTON AVf 0 A SERNA SOL SNELOCN 0 A SERNA I S L SHEIOTN SAZ2 LIVINGSTON AVf NAT7ATA !9i 55591 CO IB 47-117 21 *S 00*S OS* 5 LIVINGSTON Avf 0 V I C N BRUCE Of) 4S V 1 EVELYN N OREJCE SA i LIVINGSTON AVf P 'ATA m 55S91 fl •, A Jl J 1‘i 7-117-7S *S 007S !*♦« a LYRIC AVE •AMIS * KITTLSrAEOT III •AF«S F HiniLSTUOr III • A .* AVE MA ’ ..A M« S5S91 . ;7- SB X7-117-7S h3 C&7* 0S*7t LYRIC AVt DANIEL f SNANKM DANIEL i SMAiaOM SA77 LYRIC AVE •uyzata m m9i 55 REPORT NO. 01*55*01 PAGE 1* jIB 17-117-21 *1 OOOl OS*OB LYRIC AVf HCMIEPIN FORFEITED LANO CITY OF ORONO PARR */15/79 Sr otto 15I75S SB 17-117-7S 4S OOa* OOOSB ADDRESS EPUSSI6NE0 HE)D<fPIN FORFEITED LAFiO CITY OF 0R0»«) CCNVfYCO , 7/0/87 ST DEED 1*11*7 SB 17-117-7S *1 0090 OSAl* SHORELINE OR GERM-TOH PART7CR5H1P GCPM-TOM partnership C/0 COURT HACFARLANt P 0 BOX lAll HIMJETOa^A Ml 5SSA5 tO J' 58 17-117-25 *S 01*2 OSAAO SHORELINE OR H t r MUCLLIR RICKAP3 M DLOGHOUXST 5AA0 SNORE LINE OR tUYZATL Ml 5SS91 -f. SB 17-117-2! AA 000* 02S00 SHAOYNOOO RO GRACE BAPTIST ClfURCH/NAVARRE NORTH CENTRAL CBA 72*0 UNIVERSITY AVE N C 8110 FRIDLEY MN 55*52 i -v\• r s IB 17-117-25 ** 0009 07577 SHAOYNOOO RO MARCEL S DITTRICH MARCEL DITTRICH 7577 SHAOYMOOO RO NAYZATA Ml 55591 •; ■ f\ # J. '.y^j AM BATE Br/EA/M BATCM M4 NifMEBxrt cCKMnr mopcrtv iNrofimTiaN s^'ET em ‘'■OPES^y OIMERS LIST RtPORr NO. PX«*SSAB1 PACE IS MOP POM OMCt MOC TAXPAVtP NAME/AOM POOP AOM OM«« MAHI TAMPAVI• NAIC/AOO* PfM Etmil tPMEP NAME taxpayer NANE/AOOR POOP AOM OM<R NAT« TAXPAYER NANE/AOOR PROP AOOR OIMER NAME TAXPAYER NM«/AOOR SO 17-U7-n 4A oois 0M50 AOOMSS tPMSOXMf MEMCPXN POOPEXTEO UNO CITY OP OROMO PAMl IQ/IVOO $T deed X5RIAO SO 17-117-2S AA M27 OSAOS crystal OAY RO ALOHA J DARLXNQ ALOHA J DARLING 3A05 crystal bay ROAO MA^ZATA Mt4 &SSS1 SB 17-U7-Z5 AA 00X7 07X:S BAYVICN PL TERESA A»ME ROCN TERESA AOCH 2775 BAYVIEN PLACE NAYZATA m 5SSR1 SB 17-IXT-7S AA OOSO 077AS BAYVIEN PL OAVXO N DEAN I DIANE H BEAN DAVID N A DIANE H DEAN 2245 BAYVIEN PLACE MAVZATA rt4 551YI SB 17-117>2S AA OOSS 07505 BAYVIEN PL R M STELLINC ITAl gene n block 7SOS BAYVIEN PLACE NAYZATA rM 5SSR1 Si 17-llT-fS AA OBti OSSfS crystal bay RO JCPTRCY NATR HArtZR jfPP NAEMR SSAS CRYSTAL bay RR NAYZATA 555*»l SB 17-117<n AA 0071 07705 BAYVIEN PL CLEHENT P BIRCH JR IT AL CLEfZNT P BIRCH JR RHO BARBARA J SIPPREU-BIRCN 7705 BAYVIEN PL NAYZATA 7«4 555*1 SB 17>117-75 AA D02B 027A5 BAYVIEN PL r J • T P HALLOCK TERRY J NAUKK Tirri?/Y POOL HALlOCR 77A5 BAYVIEN PL NAYZA’A 7M 551*1 SB 17-117-fS AA OOSl 07275 BAYVIEN PL JANES R ANOERSON JAT«S R ANDERSON 2275 BAYVIEN PLACE NAYZATA MN 555*1 SB 17-117-25 AA OOAl 02250 BAYVIEN Pi CATHY JO TVJRNER rOH A CATHY TURNER 5557 BARTLETT BLVO HOMO 5SSAA SB 17-117-2S AA tOtl 0SS9A CRYSTAL OAY RO S 6 SOOXENIAA • V NCKX>0«V 0 SOOXENIAA t V MCAI>MET SSfV crystal OAY RO NAYZATA m 551*1 SO 17-117-25 AA 0024 02215 BAYVIEN PL R • J HAZARD ROBERT RAYNONO HAZARD 1215 BAWIEN PL NAYZATA m 555*1 SB 17-U7-2S 4A 0B2* 07251 BAYVIEN PL PATRICIA A BURNEICE PATRICIA A BURNIECE 7755 BAYVICN PL NAYZATA m 555*1 SB 17-117-21 AA OOS2 OOOSO AOORCSS UNASSIQNEB 6CNC ANO SNERYU BLOCK GENE ANO SNERYLL BLOCK 2505 BAWIEN place NAYZATA rM 555*1 58 17-117-25 AA BOAt 07240 BAYVIEN PL KI»«ERlV A CRXCSON KINBCRLV A ERXCSON 22A0 BAYVIEN PL NAYZATA 7tl BSm ^ - M ) ■ . 4 ) ■ PR9 AOOR 9Hin NAf< TAJ9AYCR NAHE/AOOR SB 17-117-25 AA OOS* 05570 NAVARRE LA PAUL J PASCU72I PAUL J PASCUZZX 5570 NAVARRE LA NAYZATA »t4 155*1 SB 17-117-75 AA 0040 05574 NAVARRE lA BRCTT HALLONQUXST BRETT K MALLONWJlS? 3524 NAVARRE LA NAYATA m 555*1 SB 17-117-7S 4A OOIS 075AA OLIVE AVE JAT«S S MEXTZ JANES S HCITZ 75AA OLIVE AVf NAYZATA »f« 155*1 RUN DATE 07/74/*4 BATCH 504 SB *-»• • 0D4A PROP AOOR O *4 0M4CR NANE • . ' ’ M « L N JAAUBXAK TAXPAYER BRIAN A ^AKUBIAK NAME/AOOR 71SB OLXVE AVI NAYZATA m SS5*i NEIMEPXN COLMTY PROPERTY INYORNATION SYSTEN PROPERTY 0M4ERS LIST SB 17-117-75 44 0041 0757B OLXVE AnZ J T JACOBSON • i 0 JACOBSON J T JACOOSM I L 0 JACOBSON 7528 OLIVE AVC NAYZATA NN 555*1 REPORT NO. PI4S5401 PACE 14 SB 17-1X7-2S 4% 0044 0251B OLIVE iVf PATRICK N SULLIVAN PATRICK M SULLIVAN 7510 OLIVE AVE hAYZATA tf4 155*1 PROP AOOR OIMCR HANC TAXPAYER NANE/AOOR PROP AOOR OM«R KANE TAXPAYER NANE/AODR SB 17-117-75 44 0047 02514 OLIVE AVI LOUISE B OAY LOUISE B DAY 2514 OLIVE AVE MAYZATA 7*1 555*1 SB 17-117-2S 44 0075 02514 SHAOYNOOO RO C A KUCllN ET AL N/l CST COMIN I NABEL KUCLIN 2S14 SHAOYNOOO ROAO NAYZATA NN 555*1 58 17-117-25 44 0048 02504 OLIVE AVC KARIN C ANDERSON KAREN E ANDERSON 2504 OLIVE AVE ORONO 7*4 555*1 58 17-117-25 44 0074 07524 SHAOYNOOO RO R J HACFNER I C P HAEFNER RICHARD J/COILEEN P MAl/7ltR 2524 SI'AOYNOOO RO HAYZATA 7M 555*1 58 17-117-25 44 r04* 02500 OLIVE AVf NARGARCT a mooo narcaret a nooo 2500 OLIVE AVC HAYZATA 7B4 555*1 56 17-117-25 44 0071 02554 SHAOYNOOO RO JIB ERXCSON JO»M C 4 BARBARA C CRICSON 1420 SHAOYMOCO RO NAYZATA »tl 555*1 1. -V V .'-.’'(I v,y PROP AOOR OM^R NANE TAXPAYER NANE/ADOR PROP ACOR OMfR NANE TAXPAYER HANC/AODR Sa 17-117-25 44 0074 02554 SHAOYNOOO RO JOHN C I BARBARA C ERXCSON JOHN A BARBARA ERXCSON 1420 SHAOYNOOO RO NAYZATA 7*4 555*1 58 17-117-25 44 007* 02541 SHAOYNOOO RO M R CROCrSCH I C J GROCTSCN LOUISE A CANGCLH07P 2541 SHAOYHOOO RO NAYZATA 7*4 555*1 SB 17-117-21 44 0077 05S24 NAVARRE LA GRACE BAPTIST CMURCH/NAVARRC GRACE BAPTIST CHURCH/NAVARRf 2560 SHA0Y7O00 RO ORONO ^ 5S5Y1 58 17-117-25 44 0060 00056 AOORCSS UNASStCNfO T07M OP OROIIO CITY or jnoNO PO BOX 44 CRYSTAL BAY Ttl SS5S* SB 17-117-25 44 0076 00056 AOORCSS UNASSICNEO GRACE BAPTIST CHURCH/NAVARRC GRACE BAPTIST CHURCH/NAVARRE 2580 S71AOYHOOO RO ORONO 7*4 555*1 56 17-«17-25 44 0062 02200 BAYVICN PL DALE NATSON ETAL DALE NATSON ETAL 2200 BAYVUH PLACE HAYZATA PN 555*1 V- 56 17-117-25 44 BOBS PROP AOOR 02250 BAYVIEH PL 0M4ER NA7« J L SCMNECK I P N SCIMCCK TAXPAYER J L A P H 5C7MECK NJU«/A00R 2250 BAYVIEN PL S HAYZATA 7t4 SS5*1 58 17-117-25 44 0864 02550 OLIVE AVC NANCY C RUST HA7CY C NELSON 25S0 OLIVE AVC HAYZATA 7f« 551*1 58 17-117-25 44 0085 05540 SHORELINE OR /OYACEUR SERVICE CENTERS T»« VOYACCUR SERVICE CENTERS X7C P 0 BOX 45 NAVARRE 7t4 555*2 9\P» BAff •7/2A/B* MTCN AM NC>««PXN CIKMry BWrtTY tNfOtimttQH tTHm WBjyttTY Ltsr MBOiT HOL mivqa Mflf IF MOB AOCM 0»MM MATC rAXFAYtB lonC/AOM sa 17-117-23 44 OOfB BS28S lAMVfm BIOGC CT SALLY J fCCABf SALLY J »CCAM 3264 LAfAYETTI BXOCf CT MAi2ATA m 55171 Sa 17-117-21 LA oa«4 aaasa aooacss umntmmw MEwcFiM roaFEirta lahb NC^AIN FOArfirEO LAr« BtOB ABOa OM«l NAME rAXBAVEB MAW/A.}0A sa 17-117-21 44 0078 01100 NAVAnm LA lUVMCNO N OASCM OAVNONB N FASCN 1100 MAVABOf LA MAVZATA m 551*1 la 17-117-n 44 00** OOOia AOOatSS UNASSlONtO CITY 07 (MONO Cirv OF OOONO 00 aON 44 COYSr L SAY *07 5 5 1 5* 0000 A800 OMCR NAIOI TAXOAYtA MAHC/AOCNI la 17-117-21 44 0101 01140 SNQOCLXNC 00 Lie AOCMNfN LiOOY I CAROL ROCrOTlH 24020 VALLtYMOOe KMCELSIOO I«4 iSlll 10 17-117-21 44 0102 02101 SHAOYMOQO 00 s N sciofxor A s J scw*ior srcoHfti N senior 2101 SMAOYMOOO to aOM If NAY2ATA HN 111*1 0000 AOOO OMCO MA»< 7AXOAYCO MAM2/A000 10 17-U7-21 44 0107 02104 SHAOYMOQO AO CA/10 ALLEN OOOCNAOOT C0AX6 ALLEN tOOCNAOOr 2104 SMAOYMOOO 10 MAY2ATA *07 551*1 10 17-117-21 44 OlOt 02240 OAYVtfM OL JACqUCLY707 J SCQNIR JACOUILYIOI J SIGNER 2240 OAYVICM OL HArZATA *07 151*1 0000 AOOO (M€i NAF« TAXOAYIO MAni/A^CO 30 17-117-21 44 OllO 012*0 NAVAOOf LA CHARALAMOOS HARINOS CNAOALANOOS NARZNOS 17400 lUSAN LA HXtOTETOMLA *07 11145 30 fO-117-23 11 0002 02420 SHAOYNOOO 00 VOYACEUR SCRVICI CfNTCRS VOYAOEUR SCRVICI Cf*frCOS CO RO 11 I I* NAVARRf *0« 151*2 0000 AOOO OMCI NAME TAXOAYCR NAME/AOOO 10 tO-l?7-21 11 0017 02411 SMAOVMOQO 00 JAR 100 X»C JARIOO INC 00 OOK *1 MAVAROC m 111*2 10 20-117-21 11 0018 02451 StUOYNOOO 00 0 H INCLUNO IT AL TOUSTtfS OALIL N A JC*.*R« N ENCLUNO 00 OOX *1 *aVARR2 *04 SSI*2 RUN DATE 07/24/*4 BATCH 104 HCrBTEFXN county OROPXRTY INFORMATION SYSTt*1 PROOfRTY 0Y04CR5 LIST OROO AOOO OOIER NAME TAXOAYfO NAML/AOOO 10 20-117-21 11 0012 00010 AOOOESS UNASSICraO 1ST NATL BAM( OF NAVARRE 1ST NATL OATK OF NAVARRE 0 0 BOX 121 NAVARRE *97 551*2 10 20-117-21 11 0014 02100 SHAOYNOOO RO ERESHNATER fOUNOATIOM FRESHMATCR FOUNDATION SPRING MILL CINTIR 725 SIXTH AVE H tttYZATA *97 111*1 POOP AOOO CM7ER *<AME TAXOAVEO EAAME/AOOO 10 20-117-21 12 0014 01421 SHORELINE OR OtCNARO H RlAVEEfY CTAL OICNARO H REAVXNY 0 0 03X 5* NAVARRE *94 551*2 10 20-117-21 12 0051 00010 ADDRESS U*7ASSXCNfO RfLLY COVE lOOOOTS ASN/OOGNO KELLY COVE lOOMIS AS*4A)0GN0 C/0 KIM OOEOEL 100 S ITM ST sum 2S00 MPLS *94 SS402 10 17-417-21 44 OOH aZlOO OAYVXEM OL JAIL OfLCOURT JASON A iELCOUar 2100 OAYVIEN 04 MAYZATA 104 SSl*i 10 17-117-21 44 am 01102 SNOOfLXNl DO CLASS XX OAOTNIOS OQNALD fCCAOVlLLI 1102 NARMR U NDUNO *04 15144 : V-* 10 17-117-21 44 0104 02100 aHAOYMlOO 00 ONYLLXI NE*0fOSaN OWYLLXS »4EN0fRS0N 2300 SNAOYMOOO RO NAV2ATA *94 111*1 1$: > '■•>1 10 17-117-21 44 010* 0S204 raVARRI LA GOACt NARZE OAML (BOACf MAOXE OAHL 0 0 OOM 222 NACONIA *94 55107 rO'- GC/SO 20-117-21 11 0015 02441 tf4A0YN000 00 1ST *aTL OAMl OF NAVARRE 1ST *4ATL 0A»« OF NAVARRE CO ROAD IS B CO OOAO 1* NAVARRE *97 all*! 18 20-117-n 11 0024 01111 ONOOELXNi 00 NET CQMOMfV SUPER VALU STOOft INC coroooate tax dept 00 OOK **0 99L% m 5S440 RCOQOT NO. 0X415401 PAGE 10 10 20-117-21 11 003* 00010 ADDRESS UNASSIGNEO FRESHMATIR rOUFTOATION FRESHMATER' F01040AT10N 725 CO RO 4 MAYZATA *94 551*1 TOTAL OATCM 504 0009S a 10 X CERTIFY THAT INC FACTS REFRESENTEO ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HE*C4EPIN COUNTY OIOARTMC*4r OF PROPERTY TAXAHON* TO THE BEST OF KY KNOMLEOGC AND BELIE*. DATE'LkDOu) Plat of Curve:/ for Calvary Menxjrial Church in Wiley's Navarre A'^it.lon, and Lot 5, ®loc ’< ?f Townsite of Lnngdon ParV Certificate of Gxirvey: I hereby certify that this is a true end cor rect renresenta* ion of . a. snrve.v of the boundaries of Ixjts lo, ?r , 21, and Wllej-'p Vav'irre Addi tion, Lal<c ?'IhnetrnWa : and that nart cC Lot. f’lock Townsite of L/infdrn PfrV, described ar follows: Perinnlnr at the Northeasterly ccrner of said Lot 5; thence Northwesterly, along the Nort'n**rl'- line of said ’.ot ^ to the ?;ortheasterlv line of the piblio highway run ning across said Lot 5 and knovr. as Mlnnetcnka Lake Park and !tr le Plain Road (now Crunty Road Nr, 19); thence Southeasterly alone ^'he Northeasterly line 0^ said roar tr the Rasterly line of Lot 5; thence Northerly along the Karterly lin® said Lot ^ to !->clnt of ieglnnlre, and of the loruticn of all biiildings there on, and all \'isibl« enrroachner.r.s , if any, froai or on .said land. Cordon f of fin Reg Land 'urveyor and Planner Ijcng Lake, rinneseta n(fnr ff- /•/!•> \ - .J /. prry/3us.'y sfakej Scale Date c 1" t- AC 5-15-71 Iron narker ./ X" Cfnfff’ im* of '“iJJ as Jnotvn f/s p/a/ cr SE corner of .. Soefon ir il7-i3. • • a • I . 't • J • • / V •'rso'/i ^ _____—o-r, 4 4 • / a w* • . \ h. //97ur -rrr ' • Sou/'n fine of • - • Sec I r .4- ^. iMi r- s Oo fo o» I I -L*l . ♦% ! I tr ot ►o I »vj i!Ill D 1 C.I. Consfruction, /nc. t2t0 /^roadway / P O. Box 965 Alexandria, A/M 56308 320-763-2998 Ui\ I ’ j; *! • * i'lii !H! ^ M 4 « M* |W»»it 4 Cl ta ■ *M tna ««■•< M • Caw • «>»«»— i« pm »« *■•!«« 4 IHMMM >Mii« r* tm-m* 0 Cl immmim. *m. OSuKvan's Development Convwiienoe Store / Rwtaurant Facility Nava're. Mkinosota PreioctNumber 2S62-96 Cl CiOprtm. K M K to KM 4wmMK. • »p hK. K ^ ptop mM If CaPwrt* iw tf—fip *to toOtoPMm • >P44fi 4p IP to OMM to C4*iii4 rw Ip wtoprtm Scale;r = 6o'-o' Date:05/17/96 Revisad:10/25/96 PniMgr.:Joel Seelo CAOBy:SJH (AuloCAO RIJ) I ttmtr crvtrr hwr imi pummc wi mi^mo tr «r ot MX* wr o«rcr u#r»wso« ano rttu I Ml « mcnnmo MCNttcr umx « iMt or IK sun or oMtfiou Page: ^ Kl I I tr C. / Construction, Inc, f2t0 Droadway / P.O Box 965 Alexandria. MB 56308 320-763-2998 CySuivan'8 Dawtopmant Convenienoe Slofv / Restaurant Facifity Navarre. Mbinesdta PrefectNumber. 2562-96 ••MM tr CtMWI* wm M r = 6o'-o' 10/28/96 10/28/96 Joel Seelo SJH (AuloCAO Rt.') * xarvr cr*»rr mar imi tmtmue mi *«rnMro ar m o» LMCta mt omct ri«t < AM a «rcn»:aio Mn«tic> uaM« (k taai or rr< itari 0 mm«sou Page: # 2.S Proposed Development of 2380 Shadywood Road., Orono, MN Ws propose building a Light R^atf/OfRoe Building on the subject site. The primary tenant would be a ftiH service bank, with drive-up auto tellers. This win be a two story buil^Jing with four auto tellers. The other part of the building win be two story construction with permitted retail allowed under B-5 zoning. A walk/bike path wiU be constructed around the north perimeler of the property. A storm-water hok£ng pond is being constructed as a part of the O’SuHivan's C-Store/Restaurant Development Plan and is designed to irvxrrporate the run-off from this development. Excess run-off volume from development of thb site wiU be computed and an addKionai contribution will be made to a regional pond as datermined by the water shed. We are requesting that the City of Orono ^uates the north thirty three (33) feet of Navarre Lane. V /e will grant utility easements as required. We are also requesting a total four (4) variances; a Height of structure for roof pitch in excess of 30'. ■ Structural cover is 17.3% bioed on vacating balance of Navarre. Lv a Front yard setback for parking within the 20' front yard, a Hardcover in excess of 35% within the 1000' of shoreline. A copy of the development proposal for O’Sullivan’s C-Store/Restaurant is attached. We stated at that time we would be submitting this Retail/Office Development proposal. ZO'6 0£0 ’ON 9Z‘-Pl So. S3 IDO 3IU-£9Z-03£:ai NOIiDfliiiSNOD TO /. V* ^ : ■V if • Proposed Development aU340 Shoreline Drive, Navarre The puipose of this project is to build a st down, family restaurant, 4300 square feet, with drive-thru food service. The fresh food and custard menu fits somewhere between a McDonald/Burger King concept and a Perkins/Baker's Square restaurant The customer will order the food at one of the register order points. The food will be delivered by staff to the table where the customer is seated. The restaurant will contain seating for 99 customers. We are going to combine this concept In the same building with an O'Sullivan C-Store The restaurant and C-Store will utilize the same utility/restroom core of the building. Eight fueling points will be available under a full canopy. The brand of gasoline will be the same as the present O'Sullivans across the street. The store will offer a normal OStore selection of products Including coffee, cold drinks, bakery, roller grill products ar»d cold sandwiches. A mini-tunnel service car wash will be built on the site. The equipment will include a conveyor system to puli the car through the ninety (90) foot car wash Most of the equipment will be touchless spray applicators with a "shaker- curtain" and quarter panel soft doth rollers. This development exceeds the vehicle parking requirements for the proposed US6d. The development is Phase I of a two stage development. We will follow this request very shortly with a plan to develop the property to the adjacent north with a retail and office development £0'd 0£0*on 96.SZ 130 3TIl-£9Z-03£:ai NoiionaisNOD to // //o X. H GITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono. MN 55356 MaiTinf Address: P.O. Box 66 Crystal Bay, MN 55323 0066 November 1, 1996 John O’Sullivan 2420 Shadyvsood Road Navarre. NfN 55392 Re: Application submittals: Commercial Site Plan Review and Variances, File #2198 Vacation of Navarre Lane. File #2197 Dear Mr. O'Sullivan: On October 25 you submitted applications for vacation of Navarre Lane (File #2197) and for a Commercial Site Plan review and variances (File #2198). You indicated that certain items required to be submitted would be provided by Rob Thompson on Tuesday October 29, specifically: - Sur\ ey/site plan - Building elevations/floor plans - Grading and drainage plans On October 29 Mr. Thompson submitted a site plan to the City, indicating Jim Coen would be submitting the sur\ey shortly. A sur\ey dated May 15, 1971 was submitted on October 31. 1996. No building elevations or floor plans ha\e been submitted. No proposed grading plan has been submitted. Your application is incomplete at this time. I would note the following deficiencies in the submittals received to date: 1. The survey submitted on October 31 , which you apparently have been relying on for your site planning, is out of date in that it does not reflect revised lot lines created by Hennepin County State Aid Highway No. 19, Plat 50 which was filed with the Hennepin County Recorder on October 12, 1982. The southerly portion of your property is not as depicted in the 1971 survey. This means your hardcover and structural coverage numbers are likely incorrect, and some of your proposed improvements are in the County Road 1 9 right-of-w'ay. You must provide an accurate, current sur\ ey of the property' before the City can consider your application complete. 2. The lack of building elevations, floor plans and cross-sections makes it imposssible to verify your calculations on parking requirements, and provides no supporting data or information regarding the requested building height variance. Telephone (612) 473-7357 • FAX 473-0510 John O’Sullivan November 1, 1996 Page 2 3. No substantial justification has been provided in support of the structural coverage, front yard parking setback and hardcover variances. This should be submitted in writing as an addendum to your application. 4. The lack of complete e.xisting topographical information (plan submitted does not reflect grading completed or approved in relation to Phase 1) and the lack of any proposed grading information (proposed contours) other than for the stormwater pond, makes it impossible to detemiine how this plan fits into the site, the height or location of retaining walls that appear necessary, lacks any indication of grades on parking and driving lanes, provides no basis on which to calculate the defined height of the building, and provides no information on the volumes of cutting/filling required (importation of more than 100 c.y. to make the site w ork w ill require a Conditional Use Permit). In short, the necessary site grading information has not been provided. 5. You chose to submit a request for vacation using staffs description of the unvacated portions of Navarre Lane that was used in the prior vacation application. That description includes the south 33 feet of Na\ arre Lane adjacent to the Lafayette Ridge property. \’our letter of request only indicates you want to vacate the north 33 feet. Per cur conversation today. 1 am proceeding under the assumption that the portion adjacent to Lafayette RidgeJi part of the vacation request. 6. The 11 "xl7" copies submitted of the existing/proposed site plan do not match the large size copies provided (the small copies are missing existing topography for the northwest end of the site), \\ hen you submit large size plans, please provide 3 sets at full size and just 3 sets at 1 l"xl7" - we don't need multiple copies of anything 11x17 or smaller. There appear to be three specific factors that will (or might) result in changes in your site plan. These factors are: a) whether the City will vacate Navarre Lane and thereby allow that property to be incorporated into your plan as proposed; b) whether the MCWT) will approve your current ponding plan with financial contribution as you propose (1 understand you are presenting a new plan to them next Wednesday); and c) revised property boundaries which are likely to appear as a result of your obtaining an accurate sur\ey. John O’Sullivan November I, 1996 Page 3 These potential changes suggest that it is premature to proceed \\ith a detailed Commercial site plan review at this time, because information is either lacking or will be revised in the near future. The additional "unknowns" which dfi need to be resolved in order for your site plans to become firm, include whether the parking setback, structural coverag e and hardcover variances w ill be approved. As noted abov e, you should prov ided written justification why these variances should be granted. Variances must be supported by adequate and legitimate hardships. You should attempt to describe \vh\ each of these variances is critical to development of the site. Rike/Walking Path Location The bike/pedestrian pathway proposal is scheduled to be reviewed by the Park Commission on Monday, November 4. The meeting starts at 7:15 pm in the Council Chambers. It would be appropriate and helpful for you to anend. It is my opinion currently that neighborhood access to Navarre may be best served by a bike/walking path on the current Navarre Lane right-of-way, and perhaps a partial vacation is a possibility with some cr<“ative pcdc st.ian access design between youi two sites. Your proposed path location w ould seem to onh serv e the Olive Avenue portion of the neighborhood directly. The path of least resistance for pedestrians and bikers coming westward on Navarre Lane from the east, would be to continue directly up Nav arre Lane to the 15/19 intersection. Your proposal may present a hindrance tc them rather than an amenity... 5»ummarv' and Scheduling In sumiiiary, we do not as of this writing have the necessary infomiation to proceed with a complete review of your Commercial Site Plan and variance application. We can only do a partial review with the information in hand. The additional items needed include: 1 . A cuirent certificate of surv ey correctly defining the property boundaries. 2. Proposed building elevation views and floor plans, including information regarding the height variance. 3. Complete proposed site grading plans showing all existing and proposed contours, the volume of cuts and fills, the stormwater pond design, the location, construction and height of proposed retaining walls, etc. (I suggest you contact Shawn Gustafson regarding additional information he may require to be shown). 4. Written addendum in support of the variances requested. Your street vacation request will be presented for review by the Planning Commission on November 18, since that outcome impacts your further site planning. Also, we will be prepared to discuss the setback, hardcover and structural coverage variances at that time so that you can gain some sense John O’Sullivan November 1, 1996 Page 4 of direction from the Planning Commission. I would then intend that the vacation request will be presented to the Council in Decemb« . and w ith that result you can refine your site plan accordingly for a continued Commercial Site Plan Revie w at the January Planning Commission meeting. Asst. Planning & Zoning Administrator cc:Lyle Oman Shawn Gustafson Rob Thompson •.• f.::/!. r >;/'SH£tT 4 OF 6 bHttTS SHEET 2 OF 6 SHEETS dvMSTATE AID HIGHWAY R.T.DOC. NO. C.R.DOC. NO.4 * % dm ^ - • V PLAT SHEET 4 OF 6 SHEETS SHEET 2 OF 6 SHEETS R.T.DOC. NO. C.R.DOC.NO.4% • % >• ^ . • •• Bonestroo Rosene Anderlik & Associates 8one\t^oO AstOCtM^ Inc ^ .AffimMTk#* Ooporfuntt^ Of*''G Bnnr,ffOO Pt • JOsrj>h C Andrrttii Ft •M^fv»nL So»v.<t-i PE • f T^rre*’ PF • Gi<*r»r If Coo»i !’f • Tf^o»^^\ E No»e\ ®€ • Pol>«r*t C Scnun.trt Pt • Je**y A Bco'JC'' PF • A PE ♦*'J Suv*** M Etr*'.'^ CPA Consul!<«rn Associ.tfe Movs.s'd A SJ»nfc'’Ci '*£ • Hr tn A Gorflor PE • PoOe't P P!e!*ef»e Pf • R.cnrwcJ Ml E jsref PE • D^vscj O losiof.* PE • Bol>e*! C Bisse* AIA • M^rn a Hcw^sors Pt • MicHAei T Pf • Ten R f OKI PE • Rennrm P Arcle^soo Pf • M.<rn R Rolfs Pf • S cJney ® w ': >*rr<,on Pf L S • Poor*! F Ror;f^»rn Offices S? P<H^J Pot^'este* a- *^<** AraU C'Owd Vi\ • ‘A«>quon Wl ♦ ♦ Mr. Michael P. Gallron. Asst. Building and Zoning Admini-itrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 N r».’f Re: O'Sullivan Phase 2 nie No. i 39-2198 ^OV. 5 Dear Mike, \N'e have reviewed the site plan for the proposed bank building and office complex located on ihe east side of Shady wood Road (CSAH 19). north of Navarre Lane and Shoreline Drive (CSAH 15) in Navarre. The proposal includes a request to vacate the north half of the existing Navarre Lane right-of-way. The site plans are incomplete and the following information should be provided prior to proceding with the application 1.Access: The south access is very close to the signalized intersection. Hennepin County traffic engineers should review the site plan to determine the traffic impacts on CSAH 19. Their review should include the proposed access locations, work within ilie existing right-of-way, and whether or not additional right- of-way is needed in this vicinity. 2.Grading: A grading, drainage and erosion control plan should be prepared that shows the existing contours, proposed contour and building elevations. It appears that the design grades on the parking lots and drive-thru will be in excess of 5 percent wiiich may create problems. There will need to be a retaining wall along the northwesterly lot line in addition to the one around the ponding area. Design details for the retaining walls should be included with the plan set. Fencing and/or guardrail will likely be required above the wall for safety purposes. 3.Drainage: The sedimentation pond for Phase I w’ill need to be expanded to accommodate the runoff from this site. The wet volume should be equal to the runoff from a 2 ‘/z inch rainfall over the entire tributary area of approximately 4 acres to meet the NURP standards in the City ’s Subdivision Code. The storm sewer for the parking lots should be shown. The plans should be submitted to the Minnehaha Creek Watershed District for their review- and approval. 4.Other: The ser\ ice lines and connections should be shown. Easements should be provided by separate document as per our July 12th comments. The proposed sidewalk/bike trail is shown down the center of Olive Avenue which is puzzling. Would it be possible to construct the trail down the center of the parking lot median to provide direct access to the signalized intersection? 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 55113-3898 • 612-636-4600 ..a 1~:07 FPai HBH CTV RJELIC IOF5 S 94730T1CJ P.02 Hennepin County ^ ____________An Opponufur\‘ Emrlovcr ] NovAinbor 18, 1996 Hike Gaffron Asst. Planning and Zoning Administrator City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 Re: Grace Church Site (File #2198) Mike: Thank you for the opportunity to review the proposed redevelopment at the above noted site in the northeast quadrant of County State Aid Highways (CSAHs) 15 and 19. Although Hennepin County would much prefer the southerly driveway be further from the intersection, the unusual site configuration makes the proposed location understandable, and therefore is acceptable. Please keep in mind that the existing southerly driveway on CSAH 19 must be removed when the new ones are constructeu. It is also noted that the existing right of way along CSAH 19, along this frontage, is not adequate for any future ”hike/hike" trail, as proposed on both city and county plans. Since this Is primarily a "site plan" review, additional right of way dedication may not be possible, but a wider boulevard/set-back might be appropriate. Finally, vacating Navarre Lane may be appropriate but the westerly limit should be carefully determined. Retention of some of this area could be used for a free right turn lane or northbound taper if the CSAH 15/19 intersection is revised at some future date. Again, thanks for the timely inquiry and please call Dave Zetter.stom (930- 2548) with any questions/ discussion. Sincerely, Thomas 0. Jomnson, P.E. Transportation Planning Engineer TDJ:DKZ:jh Department of Public Works cc: Dave Zetterstrom Jerry Smrcka I 320 Washington .^\ enue South Hopkins, Minnesota 553-43-84^^6 (612)930-2500 FAX:(612)930-2513 TDD:(6121930-2696 Rcc>ckd Paper TOTi^ P.02 TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse. Citv Administrator FROM: DATE: Jeanne A. Mabusth. Building & Zoning Administrator November 12, 1996 SUBJECT: #21 80 Peggy and Frank Pichelman, 2920 Casco Point Road - Variances Continuation of Public Hearing Status of Application: At the October meeting of the Planning Commission, the application was tabled at applicant ’s request providing additiOiial time for applicant to work with neighbors in the redesign of improvements for the existing single stor>- walkout residence. A concern for the neighbors was the impact of the 24 ’x24 ’ garage addition located 8' from the street lot line. Applicant has submitted an amended plan locating all improvements within the legal building envelope of the property. Improvements still require variances to the structural coverage and hardcover (75-250' setback area) standards. The following ordinances are pertinent for the review of the amended proposal; 1.Section 10.03, Subd. 14(C) Lot area = 14,383 s.f. Allowed = 2,157.5 s.f. or 15% Existing = 1,514 s.f or 10.5% Proposed = 2,466 s.f. or 17.1% (original proposal 2,656 s.f. or 18.4%) Variance = 308.5 s.f. or 2.1 % 2.Section 10.22, Subd. 2 - Hardcover variance. 75-250' setback area = 7,708 s.f. Allowed = 1,927 s.f. or 25% Existing = 2,577.5 s.f or 33.4% Propo.sed = 3,146 s.f or 41?'o (original propo.saI Option 1, 36.7%; Option 2, 39.6%) Variance = 1,216 s.f or 15.8% Lbt of Exhibits A - Amended Surv ey B - Roof Plan C - Side Elevations D - Lake Elevation E - Powell Letter 1 1/7/96 F - Existing Sur.'e> G - Revised 1 lardcover Facts H - Street Elevation 1 - First Floor Plan J - Upper Level Plan Zoning File #2180 November 12, 1996 Page 2 Revien' of Amended Application The revised plan places all structural improvements within the legal building envelope, review Exhibit A, (note structure will be relocated behind average lakeshorc setback line). It is applicants' intention to use the existing foundation and lower level and construct two new upper levels of residence. The structure is redesigned from a single storv walkout to a two story walkout. Structural coverage has been reduced from 18.4% in original improvement plan to 17.1%. Hardcover excesses in 75-250' setback are proposed now at 41% reviewed as follows: 2,466 s.f principal structure + deck 600 s.f. proposed drive (30'x20') 80 s.f. = sidewalk Total = 3,146 s.f. or 41% Please review^ Exhibit E, Powells ask that the structure confomi to all required setback. The current proposal shows all new construction will meet required setbacks. As for the other concerns concerning height and consistency with the basic design of other homes in the area, the structure will not require a height variance nor will the structure encroach into required yard areas as defined in LR-IC code. The Orono's zoning code does not deal with aesthetic design standards for new construction. These types of concerns are best addressed in the private covenants for a development. Casco Cove is a private road maintained by the residents. The applicants may be asked to make repairs of damage to road resulting from new construction but the covenants or agreements may be in place to address such concerns for the Casco Cove area. As for the issue of runoff and diminution of sunlight, the structure meets the required side setback. Drainage from the construction must be contained and directed w ithin the side yards of the property and follow existing drainage pattern to either street or lake. Issues for Consideration 1.There is an excess of structural coverage proposed at 2.1%. Should footprint of structure be further reduced to bring proposed structure into greater conformance with 15% standard. 2.Will members approve a 15.8% (existing 8.4%) hardcover variance within the 75-250' setback area. What other reductions can be made in footprint of residence structure? ... driveway? ... pavement? 3. Other issm s raised by the Planning Commission. Zoning File #2180 November 12, 19% Page 3 Options of Action To approve as proposed or amended. If proposal is to be amended. Planning Commission should provide clear direction as to the desired level of hardcover and structural coverage for the 14,383 s.f. property. I I i y 2a SCHOBOBG ND SURVEYING INC. vn^ax 8B07Qy.ni i3se Oitm.MN ssaas I h«reoy certify that this plan.'suivey.'or report was. prepared by me or under my direct supervision and th?.t I am a duty Registered Land Surveyor under the laws of the State of Minnesota. Date: /Z Registration No. 14700 ML Book - Pag« Scale / "r 3a ll:CtR1 FF13I THE WIEEFRY CO 4730510 P.Ol ;. , v'*- R<S>OI» f»LAN iv^> Post-It' Fax Note 7671 c-aVTv\-^ From 1 Pnooe * ^pnooe. Fiu. • «2>- lO Fax # PvcJf\£]<ra.n- £)0L.»^b£^f''/ c:>fii z:a ov ID»• 6% n Z h C i 0 1 >oz \i • • •• • • ••• ••• ••• •• •I-*I3t 1-Ai i • • I I s Oo i a D O f‘J Ul»^. NP &VJI « . ta •4 t ft Sfgg eiJffVAT^ Qu 3 «* P I 0 1 >oz ./I ^ Vrx^ \r\^ /\\l \I *71 % Qo i ! H O •3 U o o U! OO'ol'»c-t o I- 0 1 I ' /T®SS«- MAR E.CVATION 1 1 •• ••• » • t *t NOV 7 t 'y • ^ Jeanne A. Mabusth Building & Zoning Admin. City of Orono ^^f7m Dear Jeanne, After speaking with several realitors in the Lake Minnetonka area,we feel it would be a huge disavart^ to aHow a variance of more than a 10 foot set back from our South lot line on the side of the Pichelman Property at 2920 Casco Point Road This would cause a decrease in our property value. We as one of the affected neighbors feel the following should be adheared to without exception, according to the City of Orono codes: 30 foot set back from road 10 foot set back from property tine Other concerns of grave importance that must be considered: Height-All the homes on the block are single story ranch type Sight line- The homes are basically consistent driving in and out What are the effects of heavy trucks on an already marginal road Water run off to the Powell House: Which is already critical Decrease in sun light by proposed 2 story dwellingrAffecting the following: Yard landscaping Powel l We thank the Commission for helping us in this matter. If there is any additional information necessary concerning this matter please don't hesitate to contact us immediaetty. Vv'-.,- ata. MN 55391 no’7e: 471-7736 ■•I •J i H I i V <c. £.Z.S. i SCHOBORG 1 hsrsoy csrtify thst this plan. ’survey, or report was. prepared by me or under my direct supervision and that 1 am a duly Registered Land Surveyor under the laws of the State of Minnesota.Lf NO SURVEYING Book - Page 3^-22.A INC. /TTjQffi. /2^^J 9^^----- RAgiatratlon No. 1470n Scale / :3dIBSr Qy. M. 13 se 97M221 OMarM.MN 0338 ‘ll-06-1996 03:49R1 FROM THE rAnBERPY CO 473C310 P.Ol Zb •j-" / •2 ‘f I’. /«■ / 2^ S7 Po»Wt* Fax Not© fr^ -VaJ?T co--0«p. (\|4.4 r)f^O Ptione • ^ ’='^*44n‘2>-0^lO Pax • 3r / /» / ''" ; . 6 ^ ^</V ^ Tic/ '3© y H!% (jLo TOTAL P.Ol •f " m : ■ • /•>■• I A, t ( J =1 1^J TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE:November 14, 1996 SUBJECT: #2187 Donald and Robin Helgager, 3265 Sixth Avenue North - Variance and Conditional Use Permit - Public Hearing Zoning Dbfrict: RR*1 B, Single Family Rural Residential, 2 acre, Shoreland (Natural Environment Lake). Application: Request for conditional use permit for guest apartment, and variances for lakeshore setback, average lakeshore setback, and street setback. List of Exhibits A - Applications B - Plat Map C - Property Owners List D - Letter of Request E - Survey, Existing F - Architect's Drawings Al-1 Site Plan A1-2 Grading Plan A1-3 Landscape Plan A2-1 Basement Floor Plan A2-2 First Floor Plan A2-3 Second Floor Plan A3-(l-4) Exterior Elevation and Perspective G - Hardcover Calculations H - Code Section 10.20, Subd. 3(G) - Guest Houses and Non-rental Guest Apartments I - Resolution # 3737; June 1996 Variance Approval J - On-Site System Manager's Comments and Septic System Inventory Card Pertinent Code Sections 1.Sections 10.22, Subd. 1(B)/10.56, Subd. 16(C-6) - No encroachment of average lakeshore setback allowed. 2. Section 10.28, Subd. 5(B) - Required front (street) yard = 50', side yard = 30'. Zoning File #2187 November 14,1996 Page 2 3. 4. Section 10.56, Subd. 16(C-1) - Required structure setback from Natural Environment Lake is 150’. Section 10.20. Subd. 3(G) - Guest Apartment Standards Suminar>’ of Request The applicants were granted variances in June, 1996 for side setback, average setback, and lakeshore setback to allow construction of additions to the east side of the existing residence. Howrever, those additions have not been commenced, and applicants' family situation has prompted them to request approval of a CUP for a guest apartment to be used by Robin Helgager ’s mother. This involves major construction on the west end of »He existing house, with a slight scaling down of the additions proposed to the east end. Variances requested to accommodate these additions arc as follows: 1. Required east side setback = 30 ’. Proposed east side setback = 5'. 2. Street setback required = 50'. Proposed street setback is 18*. 3. Required lake setback = 150'. Proposed lake setback = 126'. 4. Existing average setback encroachment of approximately 90' will be reduced to approximately 80’. East Side Setback Variance As per the June 1996 approval, applicants propose a 5' east side setback. Resolution No. 3737 included five findings in support of this variance, some of which may no longer have validity if the new plan is approved. Specifically: A finding that "additions of the same magnitude as those proposed (on the east end of the house) could not be located elsewhere on the property without encroaching the 50' required sU-eet setback or the 150' required lakeshore setback", is still true but the magnitude has now changed. The legal buildable envelope due to required setbacks is still only 1,800 s.f. The additions now proposed are generally to the west and southwest of the house, with the intent of maintaining the flat back yard area south of the house. It is still true that the close proximity of County Road 6 makes it appropriate to retain a usable yard on the south side of the house. Zoning File #2187 November 14, 1996 Page 3 The new proposal reduces the depth of the garage adjacent to the east lot line from 44* to 38', resulting in less of an impact on neighboring properties' views of the lake. The drainage impacts of the east side setback variance are probably less than with the proposal improved in June. Perhaps the question to be asked about this east side setback encroachment under the new proposal, is whether the magnitude and scale of the proposed house has increased to a degree where a 5' side setback might not be appropriate. Street Setback Applicants ’ earlier plan proposed no new- encroachments into the 50' required setback from the front (street) lot line. The existing house encroaches approximately 5' into the street setback. The proposed additions will encroach as much as 32' into the required street setback, placing portions of the house 18' from the street lot line. The proposed additions are approximately equall>' balanced between encroaching the street setback and encroaching the required lake setback. A review of the street setbacks for existing houses on County Road 6 between Highway 12 and Orono's eastern boundary, indicates that no other existing houses are closer to the County Road than applicants' existing house, and the proposed encroachments would make it by far the greatest encroachment in that five mile stretch of road. This also holds true heading west of Highway 12 on County Road 6. It can certainly be argued that approval of a street setback variance could be considered as out of character with the current "open" feel of County Road 6. The question then is whether the addition can be adequately screened by fencing or vegetation to eliminate the visual impact of the encroachment. Lakeshore Setback When the existing residence was constructed, there were no required setbacks from Lake Classen. The City adopted a 75' lake setback in the early 1970s, and this was increased to 150' for Natural Environment lakes in 1992 when the Shoreland Ordinance was adopted. The existing house does not encroach the 150' lake setback, but the existing detached garage encroaches approximately 27* into the 150' setback. The proposal approved in June included the removal of that garage.with new additions encroaching only 10'. The current proposal eliminates a majority of the lake setback encroachment at the east half of the house, but proposes a 24’ encroachment at the west end. The square footage of structure encroaching the lake setback appears to be significantly more than was approved in June. Hardship findings in the June approval resolution in support of the lake setback variance, suggest ■'1 Zoning File #2187 November 14, 1996 Page 4 the removal of the detached garage located 123' from the lake and the construction of new additions located 140’ from the lake is a positive improvement to the conformity of the property'. It may be more difllcult to make the finding that removal of that garage and construction of new additions involving greater square footage than the garage and located 126' from the lake, is a positive improvement in conformity. Perhaps it is at best an equivalent tradeoff. Average Lakeshore Setback As with the June application, since there is no adjacent lakeshore residence directly to the west, the encroachment is reasonably defined by the lake setback of the house to the east. Resolution No. 3737 found that removal of the existing garage and construction of a new attached garage and room as proposed w ould result in a reduction of the e,\isting average lakeshore setback encroachment from 90' to approximately 75'. The current plan similarly provides potential additional views of the lake to the neighboring propert}-, and does net provide any additional view encroachments. The proposal, therefore, has a positi% e impact on the neighboring property based on the intent of the average lakeshore setback ordinance. Guest Apartment Conditional Use Permit Pk aSv, review’ Exhibit H, the standards for a non-rental guest apartment. As a guest apartment which is within the principal residence structure, there is no "double lot area" requirement. However, the requirements for a guest apartment conditional use permit were developed by the Planning Commission and Council in 1987 to make sure that guest apartments do not become rental units, and that such apartments are constructed so as not to be construed as duplex units either visually or functionally. The guest apartment standards in Section 10.20 include the following: 1. 2. The apartment must be within the principal residence structure on the lot. It is for the sole use of the occupants of the principal residence including their domestic employees or non-paying guests. 3.There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary' access to the apartment. 4. Application for a guest apartment CUP shall address parking, sewage treatment, entryway and interior access methods. 5.Apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate sU-ect address. e 4 i Zoning File #2187 November 14, 1996 Page 5 The proposed construction appears to have addressed each of these specific issues: The apartment will be within the principal residence structure. The intended use is for a relative of the applicants (who presumably will not be paying rent). The floor plans indicate a single common entrvway serving the entire structure, w ith additional accesses to decks and garage spaces. Parking is prov ided by two stalls at the east end of the house to replace the existing garage, and a third separated stall at the northwest end of the house to serve the apartment use. The existing septic system is conforming, and was installed in 1988 »o serve a four bedroom home. The proposed residence will include one bedroom in the apartment and three bedrooms in the second level, for a total of four bedrooms. Like most other homes being constricted in Orono, the total square footage includes areas that could possibly be converted to bedrooms at some time in the future if the septic system was expandable. A concern, however, is that there is apparently no alternate drainfield site on the property (See additional discussion below). The entire residence will continue to be known as 3265 Sixth Avenue North, and it is intended that the utilities be metered as part of the principal residence. Septic System & Well Concerns The area proposed for the new addition could not be used as an alternate septic site due to its close proximity to the existing well, and because this area has been cut/filled. Per Exhibit J, Steve Weckman has concluded this propertv' has no apparent alternate drainfield site. While the existing system should adequately ser\'e the proposed new construction, the City must consider whetherit is appropriate to allow the proposed additions and expanded use of the property absent a future septic site. An unknown factor is whether separate living qu,irters will result in redundant water use (2 loads of dishes instead of 1,2 loads of laundry insted of 1, etc.) which could overload the system... The well is shown approximately 2’ from the proposed foundation, and would either have to be moved, or the house slightly redesigned, or a variance obtained from the Minnesota Health Department, due to the requirement for a 3 ’ setback from any portion of a building including overhangs. This likely can be easily resolved. Zoning File #2187 November 14, 1996 Page 6 Issues for Discussion 1. 2. 3. 4. Given the magnitude of the additions to the west, are there still suitable hardships for granting the east side setback variance? Have sufficient hardships been demonstrated to support the granting of a street setback of 18' where 50 is normally required? Will this street setback encroachment be in keeping with the surroundii.;.’ '.rea? Should additional screening be required? Does sufficient hardship and justification exist for the granting of the requested lakeshore setback and average lakeshore setback variances? Can Planning Commission make a finding that all of the code requirements for a non-rental guest apartment have been adequately addressed? Is the guest apartment designed to functionally and visually be a part of the principal residence rather than an entirely separate unit that could become a rental unit? 5.Does Planning Commission have specific concerns about the lack of an alternate drainfield site? Staff Recommendation In order to recommend approval, Planning Commission must make findings in support of the requested variances and conditional use permit. If the degree or magnitude of certain requested variances is considered excessive. Planning Commission may wish to offer the applicant a chance to redesign. Options for Action 1. Recommend approval as proposed, stating findings in support of each variance requested. 2. Recommend approval with specific revisions. 3. Table for further information or revisions (give applicants parameters, if possible). 4.Recommend denial. 5.Other. Application # S Date Received ij - Amount Paid ^ r s~ c>. C i CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 fSSO.OO per each additional variance) Renewal Variance Fee SI20.00 * ^ ^ (no change from original application) Variance for non-conforming structures S220.^ y'* After-the-Fact Fees (Double application fee) 'f/iltiA. J// 3 A t* 4* -'•w • . y I PROPERTY INFORALATION ^ Site Address '' '!‘r >, • u----L Property Identification Number (P.rP.) y'y ~ // f ^- r c Attach legal description to application if not included on required survey. Date Property Acquired r (month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property ” X residential ___other (specify). Zoning District:-------------------------------------------------------- APPLICANT Name __ij • t r • V I ' * . - f i : vr: -X Phone (home) ~ i ^ Z.2- Phone(work) Address:^ •Citv:»!. : Zip:.■1_____• OWNER (if different than applicant) Name_______- f'_______ Phone (home). Phone (work)_ Address:Citv:Zip:. DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Constmetion Cost $/ .;c/^ ^ i (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width Hardcover Lot Coverage V Setback: Front Side Rear ^ Average Lakeshore V Other (specify).C^C» • ; , r'^ <■ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty' or unusual property conditions preventing compliance with Zoning Code requirements:--------------------------------------------------------- T^TTACm^ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline dite in order for vour application to be considered complete: 1. 2. j. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owiiers List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Depanment of Finance. A-603, Govt Center. 348-3271). Ceri'ficate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/i" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in e.xisting grade are proposed. In addition, provide one (1) copy 8'/:" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy SVi" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. Tl-iis would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please anach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applif'ant and Property Owner must sign this application. Please remember that vour vnriance npplication is not complete if the above information has not been included, APPLICANT’S SIGN.ATURE 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 e.xpenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. O Applicants Signature ^L C Date /C O ^ - ^ U 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 members for purposes of investigation and verification of this request. Owner's Signature'Date /n> ^ 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 anend a scheduled meeting, please make arrangements to have an authorized agent - ‘end in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 CITY OF ORO ( , ^ Application # I j Date^Received fC-X*f- i ^ ^ Amoitot Paid * ri±^ . gener -U- land use application ri> 6‘C PROPERTY LOCATION Site Address _Jl ^■ tr>ffy*- ____La. Type of Application to be Filed J 1 Propert>’ Identification Number (P.I.D.) APPLICANT Name uo A, ?- Address ''.2 (r^ Phone fhome) ^'r. irZ Z. _______ Phone (worki Citv r Zip L OWNER (if different than applicant) Name____ Address Phone (horneX Phone (vvork)_ i City Zip. Date PropertyAcquired ^ ------iJL I (doV<^o nSxalso own the adjacent parcels (month/year)4 of land.J klKJKJ W--A* -----------------J--------------4 FEES - CONDITIONAL USE PERMITS - 5 75.00 For each variance request with CUP application ^ ^ ------;----- /^A An^#.ccorv !ke x- ( ^ I ^ ---------------- « 5175.00 Residential Accessoo’ Use »■ ( 5250.00 Institutional (church, school, etc.) 5225.00 Guest House/Guest Apartments 5200.00 Duplex Credit/Bldg 5300.00 Commercial/Industrial Use 5250.00 Land Alteration ____ Grading and filling - designated wetland or floodplam Grading and filling - 101 cu. yd. or tnore^ " Grading, seawall, retaining walls within 75' of lakeshore 'J j PRD/PID - see Fee Schedule . . v $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS S250.00 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 PROPERTY Present Zoning District _______________ Present Use of Property _Residential Other (specify). iT< REQUIRED SUBMITTALS 1. f •: 5” - i - , - \ J i f. y V •irNi '■ / r/ J. 4. 5. 6. 7. 8. 9. Completed Application Form. Describe request in detail. Certified Propertv 0^^•ners List of ou-ners within 350*. labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance. A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surv’eyor) - 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 mvolve changes in elevation (grades). ... List of the legal names (include marital status) of all persons with an interest m the propem'. This would include name(s) of applicant(s) if not cunent owiietfs). 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. von ARE REOLTRED TO SLl’PLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR^P^DUCTION (II" X 17- OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to oe 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 Clcri'cal Staff;___----------------------------------------------------------- information .supplied is true and correct to the best of his/her knowledge. Applicant’s signature Date The owner hereby acknowledges and agrees to this application and further authorized reasonable entrv into the propert>- b.v Cits- staff, consultants, agents, commission members, and Council members for purposes of investigation and venfication of this request. Owner's signature Date // ^ /9 C t. » ,11 cihrnimU into the Citv otTices 25 davs before the Planning Commission Meeting. Applicant must av the third Mondav of each month. Applicants must be present at Council. If an applicant t-nabl. to aamd > scheduled meedng. please make anansemems to have an authonied agent auend in >our olace and advise the Building & Zoning Office of this change prior to the meeting. \ RUN DATE OS/ES/M BATCH 503PROP AOOR ONNER NAHE TAXPAYER NAME/AOOR PROP AOOR QMICR NAHE TAXPAYER NAME/AOOR 30 E0-110-E3 01 000503200 SIXTH AVE NK a P ALLISON KENNETH A PHYLLIS ALLISON 3200 OTH AVE N LONS L/KE HN 55350 30 29-116-23 00 0002 03205 SIXTH AVE N 0 R a R A HEL6ACER DONALD R HAL6AGER 3205 OTH AVE N LONG LAKE HN 55350 HEWEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY CWCRS LIST38 29-118-23 02 000003000 SIXTH AVE N HENNEPIN CO PARK OIST HEIM CO PARK RESERVE ATTN CHUCK BELLINGHAM 3800 CO RO NO 20 MAPLE PLAIN N4 55359 38 29-118-23 00 0005 00038 AOORESS UNASSIGNED P R a M M CRADDOCK THOMAS a NANCY SAHYER 3005 OTH AVE N LONG LAKE HN 55350 REPORT NO. P1O35001 PAGE 738 29-118-23 00 0001 03225 SIXTH AVE N N C HEUPEL a 0 R HEUPEL NEIL C a DENISE R HEUPEL 3225 SIXTH AVE N LONG LAKE MN 55350 TOTAL BATCH 503 00005 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE representation of INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUITY DEPARTMENT OF PROPERTY TAXATION, TO.THE BEST OF MY KNOHLEOGE AND BELIEF DATE t. • , on G ) •* I# 0 October 22,1996 .M • • • • • • #«4 • • • • • • • Orono Planning Commission CITY OF ORONO PO Box 66 Crystal Bay. MN 55323 RE: Helgager Residential Remodeling Dear Commissioners, Gluts Obrien 6t rot her ADClilTEaS The proposed residential additions to the Helgager home at 3265 6th Avenue North is being considered for several reasons. First a guest apartment is being proposed on the west end of the existing house. This guest apartment is for use by Robin Hdgager's mother. She recently retired and is planning on living with Don and Robin. She would like to have approximately 1,000 s.f. of living area. It is important that the living area be as accessible as possible. The addition is designed so that her living area is all on one level, and on the same level as the living area of the existing house. The single stall garage is also on the same level as the floor to accommodate wheelchair accessibility if it should become necessary in the future. The guest apartment addition will extend into both the 50 foot road setback and the 150 foot lake setback. The distance that the addition extends into the road setback is 32 feet. The addition e.xtends into the lake setback a distance of 24 feet. Extensions into the setback were kept to a minimum as much as possible yet retain the square footage desired. The double stall garage and addition on the east end of the house has been revised since being reviewed and approved by the planning commission and city council in June. The th»-ee season porch has been deleted from the addition. It has been incorporated into the guest apartment addition. Also the separate work shop area has been reduced and incorporated into the garage. A small entry area has been added, which includes a half bathroom and a coat hanging area. This area is called the mud room. The extensions into the lake setback has been eliminated for this addition. The east side yard setback encroachment of 25' is the same as before. If vou have any questions, please contact Neil Heupel of Gluts, O'Brien, Strother Architects, Inc. The office phone number is 941-4822. Respectfully, CLUTS, O'BRIEN, STROTHER ARCHITECTS Minnesota 55344 Phone: 612/941-4822 • • • • n •gH m Si mm (© I T 1 ' t ?-------? « IS ICO .1 f » I ! !• • f ■I { 1 ! I I *5 B bi iJ * ‘ t— i h ,\ : vi^ f 4 iiX-’ *• •*' .yn\ / >£/ « a Ioa .1 p p ! !I • • • • i| Sgas • • i ‘J*. VJ* vL» • i) / d '1 «i7 ] % tt \to A » p II I 1* • 111! I t i ' I• • PJ|i! • • CERTIFICATE OF SURVEY FOR DONALD AND ROBIN HELGAGER IN GOVEFWMENT LOT 1, SEC. 29-118-23 r •' 1 i ■sxutr •ivr«iK twii (Nv mnw f"-50 COFFIN & GRONBERG, INC I hlUii SifiV.vf'. >f/r 4'<i! r.iin.u.klv A\nuu' • I M\ ol2-i:.V4l41 I h»‘«+% irilili ilul lh»» %unn »»J»p«r|vir»d hr me in unJrf Jirrrl rufrrr- jihIiK*I lam j JuK irjiirtrfrJCi»il Innincri Jivl LjnJStirtrriN under Ihr LtMt «4 thi- 'Njiir ni MuiftrvNj ________________ .Uiil S Lt\<nN r|; Minrwvij I Nfttte S’umhri I27>5 SCAU r*3o ‘ iMrt 0e*?v MNIMI 9¥309 hardcover calculation worksheet SETBACK ZONE: (CIRCLE ONE) FXISTINC hardcover IN ZONE A. House ______________ Length 0.75* 250-500’ 500-1000 ’ ^ f V /' Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE «//?g g + B ^(1^0 pROPOSFn Ha RHCOVEP in ZONE A. House______________ ^ A/ Ungih MZU- /9futj ^ /*/ B. Garage -3'7- X X X Width VS- *5r. / C. Driveway_______X X D. Sidewalk X X ^ ^UO X X /V F. Landscape A Underlain By Plastic X X X z'/v-*./’/*' O G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X 100 X 100 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. S.F. J? !S.F. ✓ ST5r-% /.;>r;L S.F. i*9jrc‘S.F. // &S.F. S.F. S.F. ja ■?<> S.F. S.F. /?S.F. S.F. J2>V S.F. /f 2-S.F. / 2 5/U/S.F. / 0 ^S.F. /la)S.F. /77 S.F. •zV'^A */S.F, / /24?. <?S.F ■ '% dr iA - Veit' A B i 1 • .••k V*-- \ • ^ f/euft4«gR •- v!t ’<4* hardcover calculation horksh - SETBACK ZONE: (CIRCLE ONE) 0-73 ^ ^ * * «* * % Existing Hardcover in Zone ..'i-,v-. -;-r.. ‘a. • House __1_x ’t • :;.•%!•:.^-r. y LENGTH «*• •• “ **. » ■* ••'V* '•* t. ■.:W:rTf!:r’^viafo e^r • t' a-’} '( ' GjTjiAW^^ if ' * ^WfO .. 8 r-y •i . ■*• GaRASE , 'r ij-:- . * • c. Driveway ’- i -v 12. i • •• I 4t. • • *.C onc .^c A b \ :•- i \ . *—9j- V * • c.. Sidewalk * ..t &NC, Srcx?P .;7^; . jl'v • i’l •f - ■• •' >• -'r..’ E. Patio/ Deck /4• • « » .w<-* v< - •’ • F. Landscape areas ’ underlainBY • , . PLASTIC SHEETING- • #••^V CoiJC, pfLO 5T«Mf i^MU, e. Other l .43 WORKSHm -73' ^-250^ it< ^n-r I, See 2^-l/e ■ 250-500' 500-1000 WIDTH 7 ?./ • 4 Total Property A rea in Zone .J2SZ.S.F.•» S.F. S.F. F(5 S.F. uo S.F. ••»% •<UJ 3UZOt |T] . ,no. /5.S5 X m B2S «.r. .. • X *m 2139 . *... X • • •• • •• 1^/ fi\e\ X • m 3.5" S.P. KCr.'C»VI '-'c* X • . / fi.P. X m • • V S.P. _ X g.3 .. • U6 S.P. rf ' X 9 • • 84 S.F. •• • ^ X • rt ■ 2T7 ^ s.p. • X • • . • fi.p. X „ • 24- ■ s.p.' X r 1 • ? • s.p. • \• * ■ IN Z one • ' • • • ..F. A . : c * • •* X • • L* -. *. J - V V • * .• •> .T • • ■ f. • -■ ■- r*. «t. .-ri * • 1 , 0 . -r ’ *fr jt * ■'’ C''< .I;-;* *'* -.i-t ’ J.« ■ ' ••• ^ .'*vt 'I ' • J . •• I.. y *• / * • • ‘ » • IN i^vr Spi. 2^-//^ HAJIDCOVER CALCULATIOH HORKSHEET OBIBA.-K xuiiei (uiMCLt mitt)^-Ts^ 75-250* 250-500* 500-1000^ E xisting llAnocovEn in Zone A. ‘ House length • WIDTH B. Garage c. Driveway - X _ X V • i iA^ 4«, » Kt % • • ft V/' • X 0 y* * *D.Sidewalk •X'• t • i • ' 4 . **t X...;i . . _ .. ?• ‘. 4 y*v ' ‘If • • J T», • . • . . *•* •• • X m • . 4 • • • .•'**? * *• > • ' * 1 . • E.,ATI0/D eck • I -X• ^ "S !■'’• •■• •■' • •F. Landscape . •* X • ‘ •.* AREAS UNDERUIN by • , ••• X 1 • *'*• * % • FUSTIC SHEETING • X • ••. ^......................... 6. Other Total Hardcover in Zone Total Property Area in Zone c:> I V*-. 3.P. % S .F. — S • Ft S.F, 1 ^.F. ‘ oc <? —. S • F • _ S.F, _ S.F. S.F, S.F. S.F. . S.F. S t F« • • S.F. S.F. B 2il2£l..F., HI X 100 A* Adopted: 2-23-87 E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. Commercial greenhouse structures shall not be located in a required yard area^ and are subject further to the general zoning code requirements pertaining to accessory structures. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 F. Recreation Areas. Private gun clubs, archery ranges, ski slides, provided the area is fenced and no part of the principal use is less than 150 feet from any lot line. Source: Ordinance 26, 2nd Series G. Guest Houses & Non-rental Guest Apartments 1) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. 2) Non-rental Guest Apartments. An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Source: Ordinance 29, 2nd Series Adopted: 2-23-87 H. Planned Residential Development. Limited to detached single family dwellings only and subject to the limitations of Section 10.32. I. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service is available, and the lot is adjacent to a commercial or industrial district, and the duplex is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. J. Apiaries. K. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Ji7S? A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBTI VISION 1, 10.28; SUBDIVISION 5(B); AND 10.56, SUBDIVISION 16(C) FILE #2145 WHEREAS, Donald Helgager and Robin Helgagcr, husband and wife, (hereinafter "the applicants") are owners of the property located at 3265 6th Avenue North within the City of Orono (hereinafter "City") and legally described as follows: The west 327 feet of the east 542 feet of that part of Government Lot 1. lying south of the road, Section 29, Township 118 North, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5(B) to allow a 5' side setback for construction of a new attached garage and room additions, where the required side setback is 30', and a variarue to Sections 10.22, Subdivision 1 and 10.56, Subdivision 16(C-6) to allow said additions to eiicroach the average lakeshore setback where no encroachment is normally allowed, and a variance to Section 10.56, Subdivision 16(C) to allc’.v new structure to be located 140' from Lake Claisen, a Natural Environment Lake, where a 150' structure setback is normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2145. 2. The property is located in the RR-IB, Single Family Rural Residential Zoning District. Page 1 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 3 7 3.The Orono Planning Commission reviewed this application on June 17. iJ’96 and recommended approval of the proposed variances on a \ ote of 7 to 0 based upon the following findings: A. B. Since all proposed additions meet the 50' street setback, no street setback variance is required Tlie location of the proposed additions to the east of the existing house and as near as 5' to the east side lot line is appropriate based on the following unique findings: 1, Additions of the same magnitude as those proposed could not be located elsewhere on the property without encroaching the 50' required street setback or the 150' required lakeshore setback. 2.While the property is approximately 1.5 acres in dr>’ buildable area above of the OHWL of Lake Classen, the buildable envelope due to the required setbacks is only 1,800 s.f. 3.If additions were constaicted to the southwest or south of the house, they would elintinate the existing flat back yard area, resulting in a steep slope directly behind the house. Given the proximity of County Road 6, it would be appropriate to retain a usable yard on the south side of the house. Topography is generally sloping towards the applicants’ property, hence any additional drainage near the lot line caused by the proposed additions will only impact the applicants, not the neighboring property ovsTier. The proposed proximity to the lot line may have a negative impact on existing screening between applicants' house and the neighboring house to the east, however the neighboring property ouTier has indicated this is not a concern. Page 2 of 6 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. .^737 4. D. c.The average lakeshore setback for this application has been defined as the lake setback of the neighboring house to the east, since the neighboring property to the west is nearly one-quarter mile distant. The proposed removal of the e.visting garage and subsequent construction of a new attached garage and room additions will result in less encroachment of the average lakeshore setback than currently exists. The existing encroachment is approximately 90', and this will reduce to 75'. The neighboring property will have no additional views encroached by the proposed construction, and may have additional views of the lake opened up by the proposal. D.The existing garage encroaches within 12?' of the OHWL of Lake Classen. The proposal to remo\e that garage and construct new additions which will encroach only as near as 140' from Lake Classen, is a positive improvement to the conformity of the property in relation to setback from Lake Classen. he City Council has considered this application including the findings j\d recommendations of the Planning Commission, repotts by City staff, Cc .u by the applicants and the effect of the proposed variance on the health, safely and welfare of the community. 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 granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely ser\'e as a convenience to the .ipplicants, but is necessary to alleviate a demonstrable hardsh p 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. 1 Page 3 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7 37 ___ CONCLUSIO.NS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5(B) to allow a 5' side setback where a 30’ side setback is normally required, and grants variances to Section 10.22, Subdivision 1 and Section 10.56. Subdivision 16(C-6) to allow a 75' encroachment of the average lakeshore setback where no encroachment is normally allowed, and grants a variance to Section 10.56, Subdivision 16 (C) to allow a 140' setback from the OHWX of Lake Classen where a 150' setback is normally required, subject to the following conditions: 1. Applicants shall adhere to the proposed plans submitted with Application #2145. 2.The existing detached garage structure shall be removed prior to final inspection of the new additions. Authorities granted by this variance run with the property not with the applicants, bat are permissive only and must be e.xercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 24, 1997). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 0.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 4 of 6 1 GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^737 Adopted by the Orono City Council on this 24th day of June, 1996. Edward J. CalHihan, Jr., Mayor kj:xc>)a^u STATE OF NfiNNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of June, 1996, by Edward J. Callahan. Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Citv. JAMIE L BOSMA K NOTARY PU8UC-MIMNES0TA { HENNEPIN COUNTY t r-> NfyCommissioo Expires J»i 31.2000 K ■''T- .V Ut/ VU4 m A-t—- Notary Public Page 5 of 6 f CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S y a y______ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ^ On this dav of ( ^ , 199^ before nae a Notary Public within and for said county, personally appearedr Hict- known to me to be the person(s) described in and who executed the-fcregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. I JAMIE L BOSMA NOTAflYPUBUC-MlNNESOTA HENNEPIN COUNTY My Conm’SSion Eipifes J»i. 31.2W0 STATE OF MINNESOTA ) NOTARY PUBLIC ' ' ‘ Cij rjLuX. ) ss. COUNTY OF HENNEPIN ) On this ___day of ____, 199 before me a Notary Public within and for said county, personally appeared know'll to me to be the person(s) described in and who e.xecuted the foregoing instrument,a.;d acknowledged that he (they) e.xecuted the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and w'ho executed the foregoing instrument.and acknowledged that he (they) e.xecuted the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 6 TO:Michael P. Gaffron, Assistant Planning and Zoning Administrator FROM:Stephen Weckman. On-Site Systems Manager DATE:Noven her 14, 1996 SUBJECT: Septic Review for Application #2187, Donald & Robin Helgager - Variance&'Conditional Use Permit The applicants propose the addition of a guest apartment to the existing three bedroom residence. The purpose of this rev iew is to determine if the existing septic system is of adequate capacity for the proposed one bedroom addition and evaluate the potential for a future drainfield site when the existing system fails. The existing septic system is a filled trench system which was installed as an "alternative system" in 1988 since no other "standard system" was viable on the property. Due to steep slopes a mound system could not be used, but the seasonal water table was within 36" of the surface and the sandy loam fill was used to gain a separation from the water table. The septic system appears to be functioning properly at this time. The system is sized for a four bedroom residence, but no area is available for future expansion if the system fails. All areas of sufficient size for the installation of a future drainfield are filled or excavated and are unacceptable for constructing a "standard system". The proposed expansion will not destroy any potential drainfield sites, however, expanding a residence w ith no future septic system options but the use of holding tanks seems short sighted. On one hand, the existing septic system should be adequate for the additional bedroom; on the other hand, should the system fail holding tanks are the only apparent option. No sewer mains are near the property so municipal sewer could be a long time in coming. Orono ’s municipal code does not require that a future site be available before such an addition be made, however. In summary, altnough the addition is allowable per the septic code requirements, the City must carefully consider the ramifications of allowing such an expansion when no alternate site is available. VC SEPTIC SYSTEM INVKMTORY Addr: 3265 Sixth Ave. N. PID: 29-118-23 44 0002 Building Type: residence # BRs/GPD: 4 # Systems/units: 1/1 Permit No: 1557 Date of Permit: 12/19/88 Installer: E. J. Peterson Co. System Type: gravelless fill trench Appliances: Indry i SYSTEM CONDITION Conformity: 1 Failure Pot: low Tank Condition:8 DF condition: SEPTIC TANKS Material: precast concrete Setback to Bldg: 20 Capacity: 1000, 1000 DRAINFIELD Length of Lines: Treatment Area: Tile Size: 10 Setback DF-Bldg: 390 No. Lines: 5 Trench Width: 1200 Type of Filter: fabric Under Tile: 30 Perc Rate mn/in: 11.1 35 DF Ht above WT: 0 Soil Type: loam, clay loam Limitations: water table HELL DATA Setbacks - Well-Tanks: 100 Well-DF; 110 Report in File?: y Pump Type: .subm. Depth: 149 Diameter:Method: drilled INSPECTION RECORD Date 12/19/83 installation 8/13/91 no surfacing 10/26/93 no surfacing-pump tanks 7/22/96 no surfacing-need risers,pump tanks Compliance 1 1 1 1 PUMPOUT RECORD Date Gallons 12/18/92 1000 L SENT BY: DNR;11-18-96 8:50AM; 61277275"3 ->6124730510; iCT; Ui Minnesota DcparTmeni of Natural Resources METRO WATERS - 1200 WARNER ROAD. ST PAUL, MN 55106 (612) 772-7910 - tclq?hooe (612) 772-7977 - faxtmile 3? NoveinBCT 15. 1996 Mr Mtkc Gaffron City of Oiono P.O. Box 66 Cry stal Bo> , MumesoU 55323 LANDUSO APPLICATIONS, C1T\’ OF ORONO, HENNEPIM COUNTY Dear Nlr. Gaflron I have comments on the foUov^ing land uiC applications on tlie Planning Commission agenda for No\ ember 18 1996 t, Hi2l87. Donald and Robin Helgaper. 3265 County Road 6 <Lake Classen 27.162P) The a(H>licanLs arc proposing to increase Uie footprint of the existing house significantly (essentially double), with most of the adduion extending uito eithei the 15u foot nummum lakcshofc setback or the 50 fool minimum road setback An existing garage that does not cunentli meet the lokeshore setback would be replaced by an attached garage that would meet the lakcshorc setback except for a small portion of the comer. We l ecoinmeud dial die cit\* deny the appLcaUon os cuneiidy proposed There is reasonable use of the lot without the extensive encroachment into the lakeshore and rood setback areas However. W'e would not object to the replacement of the garage as currenUx proposed ^2196. Genmar (Minnetonka Boatworks). 1449 Shoreline Drive (Tanacer Lake 27-141P). The applicant ncqu|»is to remen c the lop 18 feet (approximailey 5,000 cubic yards of material) of a hill in order to construct o parking lot for a marina facilitx on Tanagcr Lake. The *‘hiir* meets thr definition of a bluff in the city's shorcland management ordinance Wc rocomment that the city dem' the request to significantly alter a natural bluff area in order to build a parking lot The need for parking on the Tanagcr Lake side of County Road 15 was created when the Tanagcr marina t'acitity expandoj b>’ 42 slips in 1S190. Wc foci this is a self-aeated hardship If the parking on the Brown’s Bay side of Count)' Road 15 was inadequate to sen c the Tanagcr Lake facility, the Tanagcr Lake facility should not have been expanded by 42 slips Please contact me at 772-7914 should you have any questions regarding these comments Sincerely, Ceil Sirauss Arcs Hydrologist c Minnehaha Creek Watershed Disunct Lake Classen File (27- 162P) Minnetonka Rxatworks File Lake Minnetonka Conservation District Tanager Lake File (27-I41P) 1>\K lrTi..rni.,i"»n. M '-.'vM-. M>/. lM*t» .'hfi f.lMMi • | H i*JJ JO#, | ,vnn#,57 .•')J'# \ » I •! ,.»i i inp. • I I \ I ii'pl n \ i.% •. fill 'i.i'v i’ll %*••*! ‘ii !<»•. ■,• t ••m.'io.i f{ .• Vli’Vliutt.i . I til*, t ’.V. .1. #2 .’2 / I To:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator From:Jeanne A. Mabusth, Building & Zoning Administrator Date:November 13, 1996 Subject: #2188 Mary K. Rice, 1570 North Arm Drive - Variances - Public Hearing 1 Zoning District: LR-IB Lot area = 6,883 s.f. Application: Applicant proposes two options for improvement involving the installation of a M^e stall garage. Option 1 involves an addition to the residence providing single stall garage wiA upper level deck. Option 2 involves a detached garage located within the south side yard. Both options involve street setback variances. The following ordinances are pertinent for this review Section 10.03, Subdivision 14 (C) - Review of structural coverage. Allowed = 1,500 s.f (minimum allowed for all properties) Proposed Option 1 = 964 s.f (684 s.f house, 280 s.f garage/deck) Proposed Option 2 = 1,264 s.f (160 s.f deck, 684 s.f house, 420 s.f detached garage) No variances required. Section 10.22, Subdivision 2 - Hardcover within 250-500' setback area. Lot area = 6,883 s.f Allowed = 2,065 s.f Existing = 1,648 s f or 23.9% Proposed Option 1 = 1,768 s.f or 25.6% (add 280 s.f, remove 160 s.f) Proposed Option 2 = 2,068 s.f or 30% (add 420 s.f) No variances required. Section 10.24, Subdivision 5 (B) - Street setback variance. Required = 35’ Existing = 34.5' Proposed Option 1 = 33' Variance = 2' or 5.7% Proposed Option 2 = 32' Variance = 3' or 8.5% List of Exhibits A - Application B - Plat Map C - Property Owners List D - Existing Survey Zoning File #2188 November 13, 1996 Page 2 E - Hardcover Facts F - Option 1 G - Option 2 Description of Request Applicant has presented two options for improvement seeking approval of a street setback variance for a single stall garage Option 1 provides applicant with a deck above the proposed 14' X 20' addition There already exists along the south side of residence a 10' x 16' deck. Option 2 would result in the loss of a grove of young trees along the south side lot line and require more cutting and filling because of the sloping topography to the south. Both options require street setback variances. In reviewing both development plans, staff finds no need for granting hardcover or structural coverage variances. The property is located on a hazardous curve of County road. Applicant's property has adequate space within the existing driveway to provide a turnaround. Option 2's hardcover is right at 30%. The existing drive would have to be altered and realigned to provide access to the detached garage and maintain driveway hardcover at the same percentage. It is staffs understanding that applicant prefers Option 1. Staff would also support Option I finding this option would result in the least impact on the property. Statement of Hardship 1. The property does not have a garage 2. The traveled portion of the County road is located 20' from the west/street lot line of the property. 3. The 6,883 s.f lot is subject to one acre zoning standards. 4. The property requires no structural coverage or hardcover variances. 5.The City has received no comments from the property owners notified of the proposed improvement. Issues for Consideration Issues raised by Planning Commission members. Options of Action To either approve Option 1 as proposed or amended. The variance to be granted would be a 2' or 5.7% street setback variance for an addition to the principal structure. Application # / f f * Date Received /c - ^ f' Amount Paid ysit' ' 00 ^ CITY OF ORONO - VARIANCE APPLICATION - ^ ^ \ Initial Application Fee S220.00 f I ^ l'***'*^; CSSO.OO per each additional variance) 9fr *^ Renewal Variance Fee $120.00 (no change from original application) « Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee)t I .rx : A y if *. » PROPERTY INFORMATION Site Address 7 O f\}y<"^'\ Qv"- Property Identification Number <T.I.D.) r:>R- 11 1 3 "Oo 7 Attach legal description to a^is'Iitation if not included on required survey. Date Proper^^cquired (month/year) I (do) (<^cT also Present use of propert>" residential ___pother (specify) Zoning District:_____________________________________ APPLICANT . Name |VVr>^i~x.^ ■ lv»c Address: IS ~7f^ M.Citv: Phone (home) Cs!^' Phone (work ) (•=> / ^ V 73*7" /'i rrr^{')_______Zip:*53'.J*^<-/ O^V?^ER (if different than applicant) Name _____ Phone (home) Phone (work)_ Address:Ciw:Zip:. DESCRIPTION OF REQUEST Estiirated Construction Cost ^ ~ Describe request in detail: ^ ‘ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) r <W Ale: <*. HARDSHIP DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions jireventing compliance \rith Zoning Code requirements: ______ 0 o. ^ (attach additional sheets if necessary) REQUIRED SUBMl ITALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered completer 1. 2. J. 4. 5 6 c/ S Completed Application Form Certified Propert>' Owners List of owners with, must obtain this list, labels and map ♦rom 1 Finance, A-603, Govi Center, 348-3271). Cenificate of Survey (signed by a licensed calculations as required. In addition, provid reproduction. Topographic survey (existing and proposed elev grade are proposed. In addition, provide one (1) Sk ’tches or plans of floor & elevation views (f List of the legal names (include marital status) the property. This would include name(s) of ap As an addendum to this application, please at persons you wish notified of this application. Additional items as may be requested by City staff City of Orono P.O. Box CrvsMl Bay, m S5323 (C;. 73-<357 10/24/% IB: 10:06 UM) USE imiCRTIQN 1 f 220.00 220.00 WffY RICE I21B8 1 1 0.00 0.00 SUBTOTAL 220.00 TAX 0.00 TOTAL SALE 220.00 RECEIVED 220.00 CHANGE 0.00 CLEiKIC3 TRANS!2716 The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT’S signature Ihe 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 exper ses 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 ^ S> ' OWNER S SIGN.4TURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Conunission member.', and Council members for purposes of investigation and verification of this request. Owner's Sienature /•' /. . Applicant must have all submittals into the City offices 25 days before the Planning Date /‘^ ' ^ ^ ^ 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 aad Council. If an applicant is unable to attend a .scheduled meeting, please 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. DATE 10/16/9A BATCH 505PROP AOOR OHNER NAHC TAXPAYER NAME/AOOR PROP AOOR OMNER NAME TAXPAYER NAHC/AOOR PROP AOOR OHNER NAHE Taxpayer NAME/AOOR PROP AOOR OHNER NAME TAXPAYER NAME/AOOR 5B 07-117-25 44 0005 04005 NORTH SHORE OR J M « R A SOOERBERG JEROME M/ROSE ANN SOOERBERG 4005 NORTH SHORE OR MOONO M4 55544 5B 00-117-25 55 0044 01545 MirtllE AVE OIANE LEE OUNLAP DIANE LEE OUNLAP 1545 MirMIE AVE MOUNO MN 55564 50 00-117-25 53 0069 05900 NORTH SHORE OR OAVIO M SCHLEICH OAVIO M SCHLEICH 3900 NORTH SHORE OR hound MN 55564 SO 00-117-25 35 0074 01550 NORTH ARM OR MARGARET PELTOLA MARGARET PELTOLA 1550 NORTH ARM OR HQUNO m 55364 HEW.’EPIN COLtfTY PRWERTY INFORMATION SYSTEM PROPERTY 0»t«RS LIST50 07-117-25 44 0004 04009 NORTH SHORE OR M L FLECK AST FLECK MICHAEL L FLECK SUSAN T FLECK 4009 NORTH SHORE OR mound MN 55544 50 00-117-25 35 0067 03950 NORTH SHORE OR AMY L A NEINER AMY L A NEINER 5950 NORTH SHORE OR MOUND MN 55364 50 00-117-23 33 0071 01570 NORTH ARM OR MARY K RICE MARY K RICE 1570 NORTH AWI OR mound MN 55364 30 00-117-25 33 0075 01540 NORTH ARM OR EOOIE A LIN06REN EOOIE A LINOGREN 1540 NORTH ARM OR mound m 55364 REPORT NO. P1435401 PAGE 550 07-117-25 44 0066 04000 NORTH SHORE OR R J BRE2A AKA JOHNSON R J BREZA AKA JOHNSON 4000 NORTH SHORE OR ORONO m 55391 50 00-117-25 33 0060 03970 NORTH SHORE OR TIMOTHY L ZHART TIMOTHY L ZHART 3970 NORTH SHORE OR mound MN 55564 30 00-117-25 35 0073 01540 NORTH ARH OR PATRICIA M LANLESS PATRICIA LAWLESS 1560 NORTH Am OR MOUNO EM 55344 00 rw' TOTAL BATCH 503 00011 GQ S W^iSeEm taxation. TO THE BEST DATE'MdlUu^ OB s oo ii o C/l O CD (D (D O O (0 CD CD CD (D til pi slip I < It 03m . 5 • • • - V>J O Q) O •^0X3 r-» O CDrr o 3 S.-J O r3 r >• n •Li^ I I j* l/i '.o • • • { I »o ; • *• I :r> TTI 0, r“ S woo- 3 ^ H ^ o(D 2o S ir f ^(D O) 3- ^ CD Q) 2.-a re 2 S’ Q. “6 Q. 3 (O cr 2 CD O < ^ $ 3T CD CD 3 O O::x ^ > IT — H3 CX) 3* 0) r4 3 (O CD CD (D T3 CD 0) CD 0) CD CD K> C a ) o H CD CD 3 CD m ^ Q) o CD CD CD CD O 3 CD 0) CD O)E: O “!T* “♦h . :.:CJ mO (■ OJ ^ 3 O Q. 3 3 CD S m ° "■ s(D CD r-» JtM__3 ______3 ^ < =: 3 3 O) CD 9 o S’3- ™ (1) PI W ZT ma > om CO O 3J oz 3* ™ 5^§ Tl CD C3 ss gftlSiv^cs» O (D 3 CD f-4-n cn ■Hr_)fn_ «r»? ffs:» HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500’ 500-1000' Existing Hardcover in Zone If3|r A. House 34, r X ss length width _ X :a • X a X a X B. Garage ___X c. Driveway 7 x oitxJel = 7/7 S.F.ll S.F. S.F. S.F. 9\ ' •X «n» 0.Sidewalk V X 6 0 5*/‘i J pi.*' 1 > ^ ^ E. ^*1 ^ •/(%>* f \f C(a ^ATIO/ ,v.-/d —~ ■■ F.Landscape X ts AREAS underlain BY X PLASTIC SHEETING X o^l\Ar S'Lj cc>>c ■X '1u.c.sIcp}X 7A*/.3 s <^3§PT^, S F. S.F. S.F. S.F. ya: s S,F, AtiKcC'siO S. p(^i I I j S.F. S.F, S.F S.F. S.F, e: ^C'J' Total Hardcover in Zone Total Property A rea in Zone (p^^es S.F. B B (p, ^ 2QQ „ '■% J&l A/f. 7^ 33 -B. S ? O CD A Ul S CD CD CD Q> M ^ m k: -O TJ < V ^ of mt*i0u s VM O A O O "D O CO TT O Z3 - mCO ^ (D CD (Q 0) •9. ^ 3 to o Q- 2,*^ i „ y •< H 3 A CD O .5 CO O' ?CD 2 4 oF 3- ma > 3) m 0) 3- 2.P (0 «u Q. CO 00 H “ *®S= :! Q- » 3- -Jfc IT CD CD CD 13 (O CO CO O) CDN3 «-• 03 o CD T3 A CO 'vi m *• Cii r» S • i ^ S’CD CD oIm (/3o 33 oz -• CO3 o 3 0 3- Q. 3 ® ° I -♦ JJl3-CD 3. *n (D o 3- 00o tC»>^PCJ tatJrePw* CS> O 2 rn (0 0) (D (3) CD 0) 1-4 _Ol=* o A DT -4. CD CO 3 2 0Cj -4* CTc) 11 «»S 96 17:36 FAX 612 946 1SS5 PROPERTlRESOURCE '■ Nou-ee-iggc 11:1*7 dounev ENGEBfSTsoi @1001 6ir 33-« 3.532 '•.©2-'T2!2 ORONO ICE ARENA Esc. BOX 205 LONG LAKE, MN 553S6 i•v-» i • • / — , •* / v-'-^»• / 0 ^ Kovcfflbor 6t 2996 Ms. Jtt«nn« MaBusth City of Orono F.O. Dox 66 Crystal Bay, MN 55222 He: Dear Jeanne: Orono Xco Arena After further discussions with the Seelands, ve have decided not to try to arrange to duDp excess soils on the Stonegate property across Highway 6 from the arena site. As a result, we withdraw the application for a conditional use permit, and hope that we can obtain a refund of the $250 tiling fee. That refund should be payable to Orono Ice Arena, Inc. By copy of this letter to Milce Seeland, I ask that he consent to the withdrawal of the application and the payment of the refunded application fee to ua, by signing on behalf of Stonegate Farm and faxing the copy to you (fax no. 473-0510). Thank you very much for your help in this attempt. Very truly yours. Mark Engebretson stonegate Farm, Inc. MFE/pkb cc: Michael J. Seeland TOTPL P.02 6 To:Chair Lindquist and Orono Planning Commission Members Ron Moorse, Citv Administrator From:Jeanne A. Mabusth, Building & Zoning Administrator Date:November 14, 1996 Subject:#2191 Walter R. and Sharon K. Wittmer, 2780 Shadywood Road - Variance Public Hearing Zoning District: LR-IB Lot area = 27,350 s.f. or .62 acres Application: Applicant seeks approval of a hardcover variance within the 75-250' setback area to permit construction of a 12’ x 24’ two level single stall garage at the northwest comer of residence. The structure will meet all required setbacks including setback from average lakeshore setback line. The following ordinances are pertinent for this review: 1.Section 10.03, Subdivision 14 (C) - Review of structural coverage. Total area = 27,350 s.f. Allowed = 4,103 s.f. or 15% Existing = 2,185 s.f. or 7.9% Proposed = 2,473 s.f. or 9% No variance required. 2. Section 10.22, Subdivision 2 - Review of hardcover. A.0-75’ setback area = 9,550 s.f. Allowed = 0 s.f. Existing = 953 s.f. or 9.98% No reductions proposed in 0-75’ setback area. B.75-250’ setback area = 17,800 s.f. - 1,929 s.f. (area of paved shared easement drive). Adjusted area = 15,871 s.f." (not 12,765 s.f. as shown on applic^t's hardcover facts) Allowed = 3,968 s.f. or 25% Existing = 4,995 s.f. or 31.4% Proposed = 4,983 s.f. or 31.3% Variance = 1,015 s.f or 6.3% Hardcover decrease = 12 s.f. or 0.1% 1 Zoning File #2191 November 14, 1996 Page 2 *Applicant’s hardcover facts reveal a deduction of 5,035 s.f. for a shared drive area. Staffs calculations have been based on the area of the traveled road as opposed to the 12' w ide recorded easement. The area of the paved road exceeds the area of the easement area. Staff has credited the paved area shown as 1,929 s.f. List of Exhibits A B C D E F G H 1 J K Application Plat Map Propert> Owners List Hardship Statement Existing Survey Sur\e)’/Proposed Improvement Elevations Floor Plan Hardcover Facts 0-75' Setback Area Hardcover Facts 75-250' Setback Area Resolution No. 2935, Approved March 11, 1991 includes site plan Description of Request Applicant proposes a 12' x 24' two level single stall garage addition at the northwest comer and lakeside of the existing residence. The structure will meet all required setbacks and wrill be located approximately V/i behind the average lakeshore setback line. Review Exhibit G, note garage door at lower level and lakeside of residence. Major portions of the structure will be placed over non-structural/landscaped areas under'^in with geotechnic fabric. Review Exhibit F, applicant proposes the removal of sections of landscape area underlain with plastic and paving hardcover within residence drive and shared drive, the area of which has already been excluded from hardcover facts. Review Exhibit K, in 1991 tne City completed a variance review for the previous owner dealing with the reconstruction of the lakeside deck. In that review, hardcover within the 75- 250' setback area was to be adjusted to 28.8% or 4,571 s.f. The resolution was never filed on the Chain of Title because the propert>- is torrens and the Torrens Office did not accept the resolution approving the variance. The current owner was obviously not aware of the conditions of that approval. Review the site plan, the last page of resolution, Exhibit K, all landscape areas underlain with plastic or geotechnic fabric were to be removed in order to maintain the 28.8% hardcover. Review Exhibit F, note the expansions of landscape area along Zoning File #2191 November 14, 1996 Page 3 the lakeside of the house and at the southeast comer. There is some 980 s.f. of landscape areas underlain with fabric existing on the property. It would appear that none of the removals have been completed as directed in 1991 review as original owner did not proceed with construction of an upper level deck at the southeast comer of property. In the 1991 review, the landscape area in llie 0-75 ’ setback area was not considered hardcover as plastic had deteriorated. A new landscape area with underliner has been installed with a 1 1/2 to 2’ stone retaining wall at 887 s.f Statement of Hardship 1. Please refer to Exhibit B, applicant notes existence of the easement drive being excluded from area in determining hardcover within 75-250 ’ setback area 2. Applicant notes no net inciease in hardcover as a result of matching removals. 3. No other variances are sought by applicant. 4. 5. Structural coverage will be held at 9%. The City has received no negative comments from the property owners notified of this review. 6.Resolution No. 2935 was not filed on the Chain of Title. The current owner had no knowledge of requirement to remove underliner beneath landscape areas nor of the hardcover limitations. Issues for Consideration 1.Applicant should advise if additional hardcover will be needed adjacent to lower level garage door. How shall lower level of structure be used? 2.'fhe original 1991 appn' 'al held hardcover within the 75-250 ’ setback area at 28.8% or 4,571 s.f resulting from the removal of landscape areas with underiiner. If 980 s.f of landscape hardcover was removed, existing hardcover would be at 25.2%. Should applicant be asked to remove landscape areas underlain with plastic within both the 0- 75' and 75-250' setback areas? Are there drainage concerns that necessitate certain sections of the liner to remain? Should hardcover be held at 28.8% as originally approved in 1991? 3. Staff would recommend against the removal of the p-ved areas *:dthin the shared 1 1 Zoning File #2191 November 14, 1996 Page 4 portion of the drive. Applicant should consider impact on turning radius with the removals of paving within residence drive. 4. What levels of hardcover within the 0-75' and 75-250' setback areas would be acceptable? Options of Action To approve as proposed or as amended. Any recommendation of approval should include the following conditions: 1. If hardcover removals are to be altered or increased, the revised hardcover removal plan must be submitted before Council's review.i 2. All improvements scheduled for removal must be completed prior to the footing inspection for the new construction. • CX> •f CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming strucnires $200.00 After-the-Fact Fees (Double application fee) K ;1 ‘ J c ( 1 PROPERTY INl'OKMATION Site Address 2780 SHADYWOOD ROAD. ORONO. MINNESOTA 55331 Property Identification Number (P.I.D.) 21-117-23-2A-0041 Attach legal description to application if not included on required survey. Date Property Acquaed JUN ”: 19^>3 (month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: X residential ___other (specify) Zoning District;_______LR-IB_______________________ APPLICANT Phone (home) A71-8365 Name WALTER R. & SHARON K. WITTMER_ _ _ _ Phone (work)_ _ _ _ _ Address: 2780 SHADYWOOD ROAD_ _ _ City: orono. MN_ _ _ Zip: 5533L OWNER (if different than applicant; Name Phone(horae) Phone (work) Address:City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $10,000.00______ Describe request in detail: ADD A SINGLE GARAGE STALL TO THE EXISTING RESIDENCE (attach additional sheets if necessary') VARIANCES REQUIRED Lot Area Lot Width X Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing c iu»f<li-nce with Zoning Code requirements: ___________________________________ SEE ATTACHED EXHIBIT l.a. (attach additional sheets if necessary) 1 1 *• V s i I •- • vS . / REQ D SUBMITTALS . . . /I ^11 fniin^o information must be submitted bv the application deadline date in order for vour~appli<’atiohvio be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. 9. Completed Application Form Certified Property Owht(S List of owners within 150’ (you must obtain this list from Hennepin County Deparmtem of Finance, A-603. Govt Center. 34S-3271). Plat Map (obtained with propehyowners list). Certificate of Survey (signed b^\a licensed surveyor) and include hardcover calculations as required. In additi^rv^provide one (1) copy S'/-" x 11" for reproduction. .... Topo«»raphic survey (existing and proposed elewltH^) if any changes in existing grade are proposed. In addition, provide one (1) copy SKx 11" for reproduction.^^ Sketches or plans of floor & elevation views (provide or^(l) copy 8'A x 11 ). List of the legal names (include marital stams) of all persohs^th an interest in the property. This would include name(s) of applicant(s) if not cuh'ein^owner(s). As an addendum to this application, please attach a separate list of ahj^^er 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 remernber that your variance application is not complete if the above informntiori has notjK?.^i_ineluded^ APPLICANT’S SIGNATUTIE ^ u u 7 The applicant herebv agrees to provide all information required or requested by the Zoiimg Administrator, agrees to pay additional fees (staff time not covered by origin.! fee payment) and/or consultant expenses incurred in review of this application, and certifies that t e information supplied is trueytmd correct to the best of his/her knowledge. Applicant’s Signamre fc^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 members for purposes^f investigation and verification of this request. Owner ’s Signatun 'ity Date to have an authorized agent attend in your place and to advise the Buildmg & Zomng Oil this change prior to the meeting. y 8 RUN DATE 10/25/n ^ . BATCH 504 , \REMCnTN COUNTY PROPCRTY INFORHATION SYSTtH PROPERTY 0«CRS LISTPROP AOOR OkMER NAME TAXPAYER NAHE/AOOR PROP AOOR ONNER NAME TAXPAYER NAME/AOOR PROP AOOR OM4ER NAME TAXPAYER NAME/AOOR PROP AOOR OkWER NAME TAXPAYER NAME/AOOR SO 21-117-23 13 0023 02800 SXAOYHOOO RO K SEVERINSON A E F HOFFMAN KENNETH SEVERINSON 2800 SHAOYNOOO RO EXCELSIOR MN 55331 38 21-117-23 2A 0040 02750 SHAOYHOOO RO A J KLOTSCHE A J A KLOTSCHE ALLAN J A JUDITH A KLOTSCHE 2750 SHAOYNOOO RO EXCELSIOR MN 55331 38 21-117-23 25 0059 02771 SHAOYNOOO RO R 6 A M J OGLE RICHARD 6 A MARLYS J OGLE 2771 SHAOYNOOO RO EXCELSIOR MN 55331 TOTAL BATCH 504 00009 REPORT NO. PI535501 PAGE 938 21-117-23 24 000902775 SHAOYNOOO RO 8 K OLSON TRUSTEE BONNIE K OLSON 2775 SHAOYNOOO RO EXCELSIOR MN 55331 38 21-117-25 24 003500038 ADDRESS UNASSIGNED S R A P A BECK STEVEN R A PEGGY A BECK 2795 SHAOYNOOO RO EXCELSIOR MN 55331 38 21-117-23 24 0041 02780 SHAOYNOOO RO N R NITTMER ASK NITTMER N R NITTMER ASK NITTMER 2780 SHAOY>IOOO RO EXCELSIOR m 55331 38 21-117-23 24 0054 02785 SHAOYNOOO RO T J CASEY A S 0 CASEY THaUS J CASEY 2785 SHADY NOOO RO EXCELSIOR MN 55331 M Id 21-117-23 24 0055 02740 SHAOYNOOO RO ELAINE T PAGONIS ELAINE T PAGONIS 2740 SHAOYNOOO RO NAYZATA MN 55391 38 21-117-23 31 0002 02795 SHAOYHOOO RO S R A P A BECK STEVEN R A PEGGY A BECK 2795 SHAOYHOOO RO EXCELSIOR m 55331 4-^ '.49^ ■' V^v I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCtmATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENFCPIN COiMTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KNONLEOGE ANO BELIEF. DATE // Exhibit 1 .a. r’, } I ^:'^ t f •• V . VARIANCE APPLICATION THE WITTMER RESIDENCE 2780 SHADYWOOD ROAD ORONO. MINNESOTA 55331 DESCRIPTION OF HARDSHIP The hardship tie Wittmers are faced with stem from the fact that the effective size of the property used for calculating hardcover is reduced by the easement across 8teir property to service their neighbor. This request for approval proposes to remove existing hardcover to the extent needed to add a single stall garage addition to the house as indicated. This proposal results in a no net gain in hardcover on the site. boundary a TOROQRARNiC tUNVfV FORWALTER R. WITTMER0^ nucT a It L t. Ma iim HOOiCHli COUMTV. MtMNfSOTA U>HI\ \ (,l(n\BIK(, |\( .r /• ^.3 ff iIMt MMRWttM m ••tAttll |»M •• iiM. ' •! tUUt. •« M!!*' *• •••• »r tM •»•••*V* **•*•••?•**•• •* M•••»• *»4 •II •••••U *»•••••••*• (••#••• l| M«T M4 U ARM M, MR** IRMM«R**I. MM4I.nU.tT. • !*•• R.*lM <MM R.M ... I.••l ■OUNOARV 4 topographic SURVEY FOR WALTER R WITTMER OF TRACT R. R. I. S. NO. 1196 HINNCPIN COUNTY. MINNEtOTA \ I » n ' •5' r*- -•'it. A cpr- I '.rr- - V V 5rv.., if. ■■ Ii r > •i.'' it i r S li5!!^' I 5 in —It ----1 u I 70 TOrr-* • ^ 7^/r, TT*a *i /' --------1 I ____4 -r .T •; ■i£ •1 ? ■ < . i> '; > ••» •O ft« ^4 . -.* ■»: f|:.. iSSSiPEAT. OF-SUR\’EY RESOLUTION » • »•• •• •-• li ..•/> <! • * M T-r *^.---a»- *m •—M ^'rrr;. ^ ^ ^ / ., ----------- ? ^ 4^ \ ^ j| •I »• »«*•• •• * • ■. r ■‘Tjj •2J'i*i'.^”iJ ——•- -iE 0, —. -wr.« — • •«—•• • •• _• —• •••• ^ • *• „•••• • ■‘TI \ ^Ajl-»h,«vj«0 V »' • • / .4 J //V /. .V. -.->«r ^ f ■ . :•■ . ill..- . y l.o .<1^-Sr£=vy^‘-i.c;•••• * "^[ • Vv^ r^.// CITYof ORONO // *y*' vH; •y/ II // RESOLUTION OF THE CITY COUNCIL NO. 2935_________ STATE OF MINNESOTA ) ) 8B. COUNTY OF HENNEPIN ) /2'ifOn this 199 / before me a Notary Pub appeared day of mcLraJ^ ____________r blic with^ andsaid county » personally /nr/rA, ..J „L.____tk.SSl*'tV ,e'^to^ In and who TIS ^i^oing instrument, end acknowledged that he (they) executed the same as his (their) free act and deed. VJwmeMTA*®S5hS?^ntt, STATE OF MINNESOTA ) )S8e COUNTY OF HENNEPIN ) ^ ... j-v of t 199 , before me a Hotary'public within and for said County, personally_ _ _ _ _ _ _ _ _ __ _ _known to sVecuted the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 / N /O O lU SmjrX ^/;V.^ r4-.V ‘>r 'A \y 1: II CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2935_________ Adopted by the City Council of ^h® ^xty of O^ono, Minnesota at a regular meeting held on the 11th day o r 199^1 ATTMT: ^ ^ t • _ _ _ , Barbara A. Peterson, Mayor ' Property uwnei (&"J STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) of the City. iw THS ’SI&Wnn^ta ' /* / /• Notary Public Page 4 of 6 ,/fO /' O'v- i\u II H t' ' ‘2. Ij. . -41« T ^ f t CITYof ORONO V/ RESOLUTION OF THE CITY COUNCIL 2935NO. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the after-the-fact variance on the health, safety and welfare of the community. COHCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants an after-the-fact variance to Municipal Zoning Code Section 10.22, Subdivision 2 (A) to permit a 12'x32' deck constructed without a building permit and denies applicant's request for a 4'x48' second story deck and approves an access stairs from second floor bedroom limited to 50 s.f., subject to the following conditions; 1. Applicant shall remove 376.2 s.f. of non-stru<^ural hardcover within the 75-250* setback area as shoim o" 6 of this resolution, resulting in net hardcover of 4,979 s.f. or 28.8% within the 75-250' setback area. 2. Applicant shall obtain a building permit for deck constructed without a building permit and Council has waived payment for penalty fees for building permit and land use application. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only ana must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 11# 1992). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein# and shall be punishable as a misdemeanor# 5. The undersigned applicant has read, undershot^ and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 fO o\it: h CITYof ORONO I RESOLUTION OF THE CITY COUNCIL NO. 2935 _________ Existing Structural ■ 2,507 s.f. or 14,9% Existing Non-structural ■ 2,694.2 s.f. or 16.1% 4. The current application involves the request for an increase of structural hardcover at 299.2 s.f, or 1.79%, Applicant proposes the removal of 376,2 s.f. or 2.25% of non-structural hardcover resulting in a net reduction of 1.1% hardcover within the 75-250' setback area. 5. The Orono Planning Commission reviewed this application on February 19, 1991, and recommended approval of the after- the-fact variance based upon the following findings: A) The reconstructed deck meets all the required setbacks. It does not restrict the lake views of the adjacent residences, nor does it encroach the average lakeshore setback line. B) The second level lakeside deck provides a secondary means of egress from the split level residence. C) The proposed improvement will not result In an increase of hardcover within the 75-250' setback area as applicant must remove an equal amount of non- structural hardcover within the 75-250' setback area. The Planning Commission denied the request for the 4'x48' second story deck along the east side of the residence finding that applicant had not provided acceptable hardships to support approval of the additional variance. 6. 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 granting the variance would not adverse..^ 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. Page 2 of 6 o K o\ a ^ll CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2935_________ A RBSOLDTIOH 6RAMTIHG AM AFTKR-THB-FACT VARIAMCE TO HOMICIPAL BOmilG CODS SBCnOM 10.22» SUBDIVISIOW 2 (A) PILE #1609 i. the County, Minnesota (hereinafter "the property )t and mBREAS, the applicant has applied to the City after-the-fact variance to Municipal Zoning Code Section 1^.22^ Subdivision 2 (A) to permit a 12'x32' deck at 384 s.f. tnat repltced a former 10'x28' deck at 280 s.f. resulting a net Increase of hardcover of 104 s.f. where 31.7% *V^ed exists within the 75-250’ setback The second phase of the variance application ^"volyes a request by applicant for a 4'x48' second story ‘^eck along of the house at a total of 195.2 s.f. of additional within the 75-250’ setback area. ^he comprehensive appliestio involves approval of an increase of 299.2 s.f. or 1.79% of structural hardcover within the 75-250’ setback area. MON, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1609. 2. The property is located in the Lakeshore Residential Zoning District area for each residential lot. The property consists of 17,544 s.f., exclusive of 1,030 s.f. ^f •serving adjacent residence for a net area of 16,714 s.i. "X *; :>ni 2 s f or 31.7% hardcover exists within the 75- 250’ setback area. Structural and r.on-structural hardcover is determined as follows: Page 1 of 6 ft HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’75-2501 F.YTSTING HARDCOVER IN ZONE A. House______________ Length Wkiih X X X B. Garage C. Driveway X X D. Sidewalk ^.-1 X X *> E. Patio'Deck M.X X 41 F. Landscape Underlain By Plastic NO/^ X X X G. Ocher o.o> TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE , , ^ ^ A PROPOSED HARDCOVER I> ZONX A. House ________ ■_ Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck ^.3 /A 7 1>.o X X 4./ VkiA. F. Landscape Underlain By Plastic 'Mia lO^TH X X X G. Other 52.O' ^ 25-500’ TOTAL HARDCOVER IN ZONE total PR^^R^^REA in ZONE « i ^ i I 'L^CaS ) * \• « X 100 = 500-1000^ •zige S.F. as S.F. \ ^ • B S.F.V • B S.F. S S.F. XE S.F. ; V- : 1 =S F.•• *7 =r e>S.F.r ='71__S.F.VII s S.F. s 4C^S.F. ________^ s:6o O q S.F. 38<>S.F. =S.F. 'Z.'L. =S.F. S.F.A S.F.B =% B i2.l63 S.F. S.F.• s S.F. a S.F. '28>e S.F. -tl2X> a I'M*S.F. B S.F. S.F. B S.F. 11 S=S.F. a S.F. a S.F.. lin > a To T S.F. a ^---------------S.F. a S.F. S.F.A S.F.B % r. hardco \ter calculation worksheet SETBACK ZONE;(CIRCLE ONE)^75-250’25-500’500-1000’ EYISTING HARDCOVER IN ZONE A. House X __=S.F. Unftb X Width S.F. X __» ^S.F. X _« ^S.F. X _ss S.F.f'\' \ C Driveway X OB S.F. 1. A ; '<7:^ - •' X «S.F.1 D Sidewalk X S.F.\ :: X _=S.F. f’- h ,F Paiio/Dcck X _a-S.F.c ■ ^kK ■ X _at S.F.Vi ., F Landscaoe X _•3,een S.F. ■Uaderlaio X _«S.F. Bv Plastic X _« ___S.F. r, OtPi^r X a 00 S.F. TOTAL HARDCOVER IN ZONE xr»XAi DonDPPTV a RFA tN 7.0NIE •— <153? "*I5S5 S.F. S.F. A B A w 1 a A ^^0 X 100 r: PROPOSED HARDCOVER IN ZONE A House X _S.F. • Length X ’ _ Width S5 «S.F.• • X _= ___S.F. X _=r ‘ S.F. B Gaiase X __a S.F. m C. Driveway —S.F.» = ___S.F.• D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ B . S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A B L_ r1 TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator J FROM: DATE: Jeanne A. Mabusth, Building & Zoning Administrator November 14, 19% SUBJECT: #2192 Robert and Wendy Beutler, 1331 North Arm Drive - Variance Public Hearing Zoning District: LR-IB Lot area = 49,200 s.f. or 1.13 acres. Application: Applicants seek approval of a lot width variance (o permit construction of a new residence on a lot that does not meet the required 140' lot width at the shoreline and at the 75' setback line. Applicants also seek approval of the use of the existing residence as an accessory structure containing additional living space. The following ordinances are pertinent for this review: 1.Section 10.24, Subd. 5(B) - Lot width variance. Required = 140' At shoreline 74.89' At 75 ’ setback 83' Variance = 65. T or 46.5%. 2.Section 10.22, Subd. 2 - Review of hardcover. A. 0-75' setback area = 5,775 s.f. Allowed = 0 Existing = 267 s.f or 4.62% (192 s.f steps, 75 s.f retaining wall) B 75-250' setback area = 15,925 s.f Allowed = 3,981.25 s.f or 25% Existing = 178 s.f or 1.12% Proposed = 1,904 s.f or 11.95% C.250-500' setback area = 27,500 s.f Allowed = 8,250 s.f or 30% Existing = 5,964 s.f or 21.69% Proposed = 5,964 s.f or 21.69% No hardcover variances required; new structure will also conform to average lakeshore setback requirements. Zoning File #2192 November 14, 1996 Page 2 3. Section 10.03, Subd. 9(C-2) A. Allo^^•ed maximum footprint for an indi\idual accessor\’ structiire on property at 1.1 acres. Allowed - 1,000 s.f. Existing garage = 901 s.f. Proposed accessory ’ structure with additional living space = 981 s.f. B. Maximum allowed area of all accessory structures on property Allowed = 2,000 s.f Proposed = 1,960 s.f (78 s.f shed, accessory structure 981 s.f, garage 901 s.f) No variance required. 4. Section 10.24, Subd. 3 - Co nditional uses for second residential unit/guest house (10.20, Subd.3[G-l] Required area for two residential units = 2 acres Existing 1.1 acres Property does not qualify for a second residential unit/guest house). List of Exhibits A - Application B - Applicants ’ Addendum C - Plat Map D - Property Owners List E - Survey F - Existing Hardcover Facts G - Proposed Hardcover 75-250' Setback Area H - Second Floor Plan 1 - First Floor Plan J - Basement Floor Plan K - Elevations L - Applicants Request to Maintain Existing Residence Structure as Accessory Structure with Additional Living Space M - Existing Floor Plan N - Proposed Floor Plan O - Restrictive Covenant Zoning File «192 November 14,1996 Page 3 Description of Request Applicants propose construction of a new residence structure on a property that does not meet the required lot width of the LR-1B zoning district. The new structure will require no setback variances and will be located behind the average lakeshore setback line. The proposed construction will require no other variances. The existing accessory structures on the property meet the required setback. At the time the garage structure was constructed on the propert>-. the setback from the side lot line was 10 ’. The current code would require a 15' setback for a structure in excess of 750 s.f. but less than 1,000 s.f. The existing residence structure to be converted to an accessory structure at 981 s.f. will be located 15' from all lot lines. Applicants seek approval of the use of the existing structure as an accessory structur-^ containing additional living space. It is the intention of the applicants to retain the heating and use of a bathroom on the first floor, refer to Exhibits M and N. The majority of the structure will be used for storage. The former living room and dining room area will be office and work shop area. It is not the intention of the applicants to use the residence for sleeping rooms for guests as structure cannot function as a guest house/apartment. The Beutlers have reviewed the restrictive covenant required by the City for all accessoiy structures containing expanded living space (Exhibit O). The property is scr\ed by an on-site well. Applicants should advise if a new well is to be constructed for the residence or shall the well provide a water supply for both structures. It shall be applicants contractor's responsibility to provide an "as-built" of the sewer line serving both existing structure and proposed new structure. An additional S.A.C. unit will not be charged as the structure will not be used as an independent residential unit. Statement of Hardship Please refer to Exhibit B, hardships are reviewed as follows: 1. The property is ser\ed with sewer. There is no additional land available to expand the lot width of property. 3. 4. No other variances are required as a result of this improvement. The City has received no negative comments from the adjacent property owners notified of the proposed improvement. Zoning File #2192 November 14,1996 Page 4 Issues for Consideration 1.Should other modifications be made in existing residence structure to remain as accessory structure? Members should take the opportunity to inspect the interior of the existing residence in order to understand applicants ’ desire to maintain residence structure for continued use. 2.If plumbing for bathroom structure is to remain along with the kitchen sink, do applicants plan to heat structure throughout winter? 3. Will a new well be installed to sers e residence structure or shall existing well serve both? 4. Other issues raised by Planning Commission. Options of Action To approve as proposed or amended. Your recommendation of approval should include the following conditions: 1.Applicants ’ contractor to provide as-builts of sewer lines ser\ ing new residence and proposed accessoiy ’ structure with living space. 2.Applicants to execute restrictive covenant limiting use of accessory structure with expanded living area. Structure can never be converted to an independent residential unit for either rental/guest house or guest apartment use. Application # / 9 X Date Received C. C V Amount Paid ^ A ^ c v;. CIT^’ OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220 After-the-Fact Fees (Double application fee) OO PROPERTY INFORMATION Site Address Ot-;.’OE- Property Identification Number (P.I.D.) «o~i \ n\ QORl Attach legal description to application if not included on required survey. Date Property Acquired, 31 u nj e. \ *^ ______________________(month''year) I (do) (Eo nQi) also oxmi the adjacent parcels of land. Present use of propertv ’: vc residential ___other (specify). Zoning District: ~ 1^___________________________ APPLIC .\NT Name Pofeg.;.^ Bc.ofuc.tt. Phone (home) «4t ^ - 1 ^ ? Phone (work) H ^ 1 - o Address: Kaog.rr Dmott Citv:Zip: c^c; OM'NER (if different than applicant) Name B>.j>r-.-,cr.r» Phone (home) H12. - *m ’• i> Phone (work) Address: \'b}i\ >oet.TH aulm OC.<vjg- Citv:Zip: ^ 55 oo DESCRIPTION OF REQUEST Estimated Constmction Cost $ \-\<d,ooo~^ Describe request in detail: 1S>o«t-.o tOrti'«o V4oo5^__________________ (attach additional sheets if necessarj) VARIANCES REQUIRED Lot Area ><1 Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore f\rr Other (specify) VJ^C o\'^ fLx. ifaT' i-\c.o^C /Ns A.pn ^ SpAc.ts. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:________________________________—------ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted hv the application deadline date in order for vour application to be considered complete: 1. ^ 2. 3. v/ 4. 5. 6. 1. 8. Completed Application Form Certified Pr operly 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 sur\eyor) and include hardcover calculations as required. In addition, provide one (1) copy S'/i” x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'/i" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy S'/z" 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 your variance application is not complete if the above information has not been included. APPLICANT’S SIGN.ATURE The applicant hereby agrees to provide all infontiation 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. ‘ I _____Date hA V >______Applicant's Signature OWNER’S SIGNATURE .(jT v. The owner hereby acknowledges and agrees to this application and further authorizes reasonable entiy onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature! V _ __ ------------»e all submittals into t Datee C < -V V Applicant must have^ll suFmittals Tnto 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 to advise the Building & Zoning Office of this change prior to the meeting. 8 d Cit> ofOrono 2~'50 Kelley Parkway Post Office Box CO Cr\stal Bav. MN 55323 Biuldmg & Zoning Deportment -'M- »' J •• » •Vt'<1 ' *t W * A J- t. ^ . 1 .* < ■ Ms Jeanne Mabusth W'e ore requesting a variance to biuld a new home on ni\ propem located al 1 .'>31 North Ami Drive We are requesting tlus vanance as V\’e do not have the required lake shore troiiiage We meet all ot tlie other requirements (i e ; hardcover, set backs) We are also lequesnng that if a van.uice is appioved at tlie November 18 Planning Commission meetm? ilur this request be allowed tv- be heard at tlie Nov ember 25 City Ci'imciJ Meetuig We are requestmg tlus to expedite the building process IseCiiuse of the penduig winter season lluink you for yoi:r consider.ifion Robert A Wendv Buetler UvJ —4 I ’ I' RUN MTE 10/24/n •ATCH SIO HOWEPIN COUNTY PROPERTY INTORHATION SYSTEM PROPERTY OWCRS LIST RiPQRT NO. PIA55RQ1 PAGE 27 PROP AOOR OMCR NAME TAXPAYER NAME/AOOR PROP AOOR OiMER NAME TAXPAYER NAME/AOOR PROP AOOR OMCR NAME TAXPAYER NAME/AOOR PROP AOOR omner name TAXPAYER NAME/AOOR 50 07-117-25 A1 0021 01510 EUOIOOO AVE GORDON N NELSON ETAL GORDON N NELSON 1510 ELM4000 MOUND MN 5S5AA 58 07-117-25 A1 0020 01501 NORTH ATM OR P R • E A RODCRTS PAUL R a ELIZABETH A RQOERTS 1501 NORTH ARM OR MOUND MN SSlbA 58 07-117-25 A1 0050 01505 ELMHOOO AVE CHARLES E CARLSON CHARLES E CARLSON 25AA CYPRESS LA HOUND MN 555AA 58 07-117-25 41 0051 01505 NORTH ARM DR N P SIMNIONIH a C N P SXMNIONIN a C 1505 NORTH ARM OR HOUNO MN 555A4 L KENNEDY L KE12C0Y 58 07-117-25 41 0052 01517 NORTH ARM OR ANN L CARSON ANN L DER&Y 1517 NORTH ARM OR HOUNO m 55564 58 07-117-25 41 0081 01531 NORTH ARM OR R E BEUTLER a H BEUTLER ROBERT E a NENOY K BEUTLER 1551 NORTH ARM OR MOUND MN 55544 58 07-117-25 41 0082 0155V PARK OR PETER H LANPHER ET AL PETER a DIANE LANPHER 155V PARK OR MOUND MN 55544 58 07-117-25 41 00B5 01500 LOMA LINJA AVE MAN KULENKAMT MARj; A a NANCY L KULEltCAf* 1500 LOMA uINOA AVE MOUNO MN 65544 58 07-117-25 41 0084 01550 NORTH ARM DR A P »«1SEL a P A MEISEL RICHARD 0 a CAROL A TOOO 1550 NORTH ARM OR MOUNO MN 55544 ■•V 5^^ 38 07-117-25 41 0084 01545 NORTH ARM OR H SHEKELS a L SHEKELS TRSTES H 0 SHEKELS 8419 NORTH CARDINAL OR PHOENIX AZ 85028 58 07-117-25 41 0088 01504 ELrVIOOO AVE RICHARD J JOHNSON ET AL RICHARD J JOHNSON 1534 ELIMOOO MOUNO MN 55544 ■' ') J TOTAL BATCH 510 00011 . p» •.. ,* I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESEMTATICN OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE H51JJEP1N COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOHLEOGE AND BELIEF. •4 •*-# A DATE %• „ U-iW i Certificate of Survey forHnnsf* Xddrvss House Model RKO CONSTRUCTION i £ S.A* 1i t*%t^0 0» .,4 •r- 4r*»» pr*» f**«i CiMtt ^mnwt f« A uw»r iMOT iMM« «W f!)X •# 9mm iM^mttm —> 3 Cgfi Sift Ii*«v(iw jft3 0 (•« LOTS_±_^_^ BLOCK SAGA HILL REVISED ■• tmU^t IM« » IM W<»«w <0>4m «M •••• “ *<M r««* .. I ^ Ni, M p—i. - _____*0 .•% • ♦i •^i«lll ti»J(ft|a«*> r « y " I ^ C • -Xj* «- *• I I \ «M ;o*»5 n.*#S« oo^%t) CRATHIC SCALE * * PiONien m. »«•.»*• * - -r T4 48 192 25 4 100 32.4 28.2 914 il3 4.4 67 Total Wood Steps |192 Total Wood Steps I 100 Total House 1 981 Boulder Ret. Wall Area Shed m Area Garage f r Area 1 75 75 9,2 8.5 78 26.2 34.4 901 ■ 0 0 0 75 Total Shed 78 Total Garage 1 901 Decks & steps 20.3 #12.4 252 1 4.4 6 26 3 A•9 ............— 1 27 Total Decks & steps'3^ 1 Gravel Drive Area 13 121 1573 38 58 2204 -----------------------------------“1 Total Grave Drive 3777 iTotal Hardcover 267 Total Hardcover 178ITotal Hardcover 6964 1 Arpa 0 - 7S 75x77 577?Area 75-250 175x91 16925 I Area 250 -500 lie x250 27600 iPercentaae Hardcover 4.62%Percentage Hardcover 05%iPercentaqe Hardcover T\ ► oil. ^r>r>i-T.o HARDCOVER CALCINATION WORKSHEET (• . SETBACK ZONE: (CIRCLE ONE) 0-75*250-500 ’500-1000 ’ EXISTING HARDCOVER IN ZONE A. House ______________ Length Wkith X X X B. Garage C. Drivc'fc'ay D. Sidewalk E. Paiio'Deck F. Landscape Underlain Bv Plastic G. Other % X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONT. A -s- B X 100 PROPOSED HARDCOVER IN ZONE A. House Length s 1 B. Garage C. Driveway D. Sidewalk E. Patic/Dcck F. Landscape Underlain By Plastic G. Other X X X Width UT C. t 4 \ X. I O Z2> X X X X X X X X X 1 S o » 4 3*1 Z TOTAL Hi.RDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE iqo<4 -i- B )S 47.^*X 100 = •r- S.F. S.F. S.F. S.F. « S.Fi' S.F!: ■ S.F. S.P.* -j • •* S.F. s s. s s c * S.F. S.F. S.F. % S.F. S.F. ■ S.F. &» O S.F. I =1^4 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. W.^S % IS ^ Z,s A B A B \X r>-I y' .■■■* •• «-—■-> r~r m f"t" 1 i**-*** 1---11 • 1 l"^"..■' 't 1ri / - 1 r s li *- »L.-»m»arfcw» . ^ f i*-r* > ? *. 'A Vi r V^ ^ • •? « V • • i I? 1 i ! *r^X- » ..-^- i -i* ■ ’ •a 7cV* /^ : .L.Z'/i-r'•./ ^> ■ **■.t ltdA'u„ \ .y- » ». %- V -• I 1 City of Orono 2750 Kelly Parkway Post Office Box 66 Crystal Bay. MN 55323 Building and Zoning Department Ms Jeanne Mabusth: We are requesting a variance on our property located at 1331 North Arm Drive, Orono, MN because we would like to building a new home and keep the original cabin that we have been living in We would like to retain the original cabin because of its charm, character, and historical significance. The cabin was built in the 1 920's and has many of the architectural details that are reminiscent of that era such as, cottage winded, wainscoting thru out the interior, open eaves, decorative eave supports and over lapping roof lines. The cabin is in excellent shape and consistence with the surrounding properties and we have even had neighbors comment on what a shame it would be if we had to tear it down We will not use the cabin as a rental property but only as additional living space for ourselves. We would be removing all the kitchen appliances and the washer and dryer. Thank you for your consideration; Robert & Wendy Beutler i I •v \ rs. r ^ ■ iAJ yjy^rjir^_^/w% Or IZ’g._•___^___-»—--♦I if t r- A(*^ Or\ \fX^ i- c ^•i c i n: “§ 0 .^..■1».,-■—»••■ ---------------------- To;Chair Lindquist and Orono Planning Commission Members Ron Moorse, Citv Administrator From:Michael P. Gaffron, Assistant Planning & Zoning Administrator Date:November 13, 1996 Subject:#2193 Minnehaha Creek Watershed District, 4680M700 Creekwood Trail Conditional Use Permit - Public Hearing Zoning District: RR-IA, Single Family Rural Residential, 5 Acre Application: The Minnehaha Creek Watershed District requests a conditional use permit for land alterations wthin a wetland flood plain area. The proposed activity includes maintenance and improvement of the South Katrina wet detention pond located at 4680/4700 Creekwood Trail, involving the removal of approximately 3,900 cubic yards of material and construction of an outlet control structure. Lbt of Exhibits A - B - C - D - E - F - G - H - I - J - K - L - M - N - O - Application Plat Map Property Owners List Letter of Submittal Summary’ of Project Survey Indicating Easement Location Construction Plans Sheets 1-5 MPCA Disposal Permit Request DNR Permit Request City Engineer Letter 11/6/96 Environmental Assessment Worksheet (EAW) 1994 Air Photo City of Orono Resolution No. 1517, August 22, 1983 Documentation of Burial Mound Sites 1975 City Wetland Map Background and Summary of Proposed Work In 1975 the Lake Minnetonka Conservation District (LMCD) petitioned the Minnehaha Creek Watershed District (MCWD) to construct an upper watershed storage and retention project on Painter ’s Creek. The intent of this project 'vas to provide pre-treatment of surface water flowing to Jennings Bay. This resulted in the Painter Creek Upper Watershed Improvement Project which was constructed in 1985 and which the City of Orono supported (see Resolution No. 1517). V" Zoning File #2193 November 13, 19% Page 2 Two of the wet detention ponds created as part of the 1985 project are now proposed for additional work, and one of these, the South Katrina wet detention pond, is in Orono. The current project is designed to restore the flood storage capacity of the ponds created in 1985, and enhance water quality treatment by enlarging and deepening these two basins (the second basin is in Painter’s Marsh, in Minnetrista). The South Katrina wet detention pond will be expanded from approximately 0.18 acres to approximately 0.51 acres. The expanded pond area is all within DNR protected wetland 918W (Type 3). This is also listed as a protected wetland in Orono’s 1975 wetland inventoiy. Construction activities will include pond excavation and outlet structure modification. The project won’t have a significant effect on the hydraulics of the creek and will not change water levels from those approved in 1985. The pond will be enlarged and deepened, and a modified outlet structure will be installed that is designed to discharge the flow downstream in a manner that will discourage beavers from attempting to dam the creek. Construction is anticipated to start in the winter of 1996-1997 and be completed by next summer. The project rec. ’’■es permits from the DNR, the Army Corps ol Engineers, the MPCA and the Citv of Orono. Merits of Project City Engineer Shawn Gu‘ has noted that the grading plan and construction details are acceptable from tui engineering standpoint. As noted in the materials supplied by \he applicant, the intent of this pond expansion is to enhance the quality of runoff which ultimately flows to Lake Minnetonka. The wet detention pond is primarily intended to allow the settling and retention of sediments (and therefore reduce phosphorus loading to Lake Minnetonka) and also to enhance flood storage. Applicant notes that repair and maintenance of the existing structures and sedimentation basins is required to maintain their project benefits. Additionally, enlargement and deepening of the existing sedimentation basins at the same time as maintenance excavation, will provide additional wet storage volume and improve the water quality in Painter Creek and Jennings Bay. The cost of the two current maintenance projects is estimated at $457,000, of which approximately one-fourth is attributable to the South Katrina Marsh Project. Environmental Assessment Worksheet This project is in a mandatory Environmental Assessment Worksheet (EAW) category under the Minnesota Environmental Review Program rules, fhe MCWT) has completed the EAW which is attached as Exhibit K. Staff would call Planning Commission's attention to EAW Items 17 (Page 9), 25 (Page 11), and 26 (Page 12). These items identified two potential 1 Zoning File #2193 November 13, 19% Page 3 concerns, the first relating to impacts on the site and surrounding area during construction, and secondly the proximity to identified burial mounds. Regarding the latter, applicant has indicated the South Katrina project was reduced in area from 0.59 to 0.51 acres in order to maintain the appropriate setback from these sites. The State Archaeologist has documented these sites (See Exhibit N). The former issue, regarding site and area impacts during construction, is of concern to the City and is addressed in more detail below. Impacts of Construction The EAW notes that approximately 5.500 cubic yards of s^iil will be excavated and removed from the site for pond construction. The above-noted reduction in pond area from 0.59 to 0.51 acres has reduced this to 3,9(X) cubic yards. This does, however, result in approximately 400 dump truck loads of material leaving the site over private and public roadways. Applicant notes that while some dust mav be generated during construction, the project will be conducted during the winter when surface soils are bound together with frost. Additionally, most of the excavated material will be moist or saturated, hence dust is not expected to be a significant problem. During the course of .he project, which is expected to be ongoing for approximately one month, there will be n ise impacts on the neighborhood caused by construction equipment. This will have the greatest impact on the Creekvvood Trail neighborhood in Orono, given the intended haul route along the creek bed to near the Creekvvood Trail cul-de-sac, then on Creekwood Trail to Townline Road, then presumably south on Townline to County Road 6, then west and southwest to the disposal sites located approximately two miles distant in Independence and Minnetrista. Aside from the noise impact and truck traffic impact on the inunediate neighborhood, the City is concerned about safety and road maintenance. Creekwood Trail is a private road that is owned, controlled and maintained by the Painter ’s Woods Homeowners Association. While the City has underlying road, access and utility easements, the City has not exercised its rights to take this over as a public road. Therefore the applicant must treat it as private property and gain the approval of the Homeowners Association in order to use Creekwood Trail as a haul route. Note that applicant has chosen the Creekwood Trail access route rather than attempt to use the access easement underneath the power line along the north sides of Lots 1 and 2 (see Exhibit F), believing that the proposed route will result in less environmental damage. The intended haul route includes driving along the creek bed for approximately 100 yards, then up the bank via a 20 ’ drainage easement, onto Creekvvood Trail. This 20 ’ drainage easement exists to 1 Zoning File #2193 November 13, 1996 Page 4 accommodate a storm drain discharging rtmofT from the road surface to the creek, and there is a distinct and steep drop-off at that location. It may be neccssar>’ for the MCWD’s contractor to protect the drainage structures at that location, or work with the adjacent homeowner to identify a more suitable location for truck and equipment movement between the creek bed and the private road. Cit)' Engineer Shaun Gustafson has suggested the following conditions of approval regarding the construction process: 1. A haul route map and construction .schedule must be submitted to the City for approval prior to commencing v\ith the work. 2.Applicant shall be responsible for cleaning the surface and'or repairing any paved street (public or private) that becomes soiled or damaged due to the construction activities on this project. 3.For safety reasons, in times of inclement weather or early thaw, the City shall have the authority to stop all hauling activity on the project until such time that the City determines necessary. Staff would suggest the following additional conditions to assist in minimizing the impacts of construction: I. Applicant and contractor shall hold a pre-construction conference with the City. 2. Applicant shall transmit weekly updates on the construction progress to the City. 3. Applicant must address all concerns of the Homeowners Association. Possible Tree Impacts A small number of mature trees, perhaps 6-8, would appear to have to be removed for the expansion of the South Katrina pond. Technically this requires a variance to the Shoreland Ordinance, as docs the grading and excavating within 75 ’ of the OHWL, because this is a protected tributaiy under the City's Shorelard Ordinance. Applicant has not identified any trees in or overhanging the creek bed which may have to be removed in order to accommodate truck traffic, but if a significant number of mature trees which currently line and overhang the creek must be removed, this may change the character of the creek. The proposed plans do not include a proposal for replacement of the trees to be removed, and Planning Commission may wish to consider whether a condition of approval should be tree-for- tree replacement of those removed. Zoning File #2193 November 13, 19% Page 5 FHtiirc Maintenance The South Katrina pond will eventually again fill with sediment. Maintenance is expected to be required every 5-10 years. Future maintenance of the site will potentially result in the same types of concerns as the current review, but perhaps an abbreviated review process for future maintenance of this pond could be established. No Additional Easements Required Note that the City was granted Flowage and Conservation easements and drainage easements over the existing and proposed pond sites as part of the plat of Painter’s Woods, hence no additional easements shall be required by the City. Staff Recommendation Staff would lecommend approval of the conditiona’ use permit and the appropriate variances for tree removal and excavating within 75' of a protected tributary/wetland, subject to a number of conditions: 1 Maintenance and expansion of the South Katrina Basin shall substantially conform to the submitted plans for said basin, consisting of Sheets 1-5 of the Minnehalia Creek Watershed District Painter Creek Maintenance and Improvement Project. Applicant shall work with the Painter's Woods Homeowners Association to ensure that the interests of said association arc addressed and satisfied. 3.Applicant shall obtain a land alteration permit from the City of Orono prior to commencement of the maintenance and improvement project. 4. 5. Applicant and conUactor shall hold a pre-construction conference with the City. 6. A haul route map and construction schedule must be submitted to the City for approval prior to commencing work. • p.tA j , w*' ^ ^ , Applicant shall be responsible for cleaning the surface and/or repairing any paved street (public or private) that becomes soiled or damaged due to the construction activities on this project. Zoning File #2193 November 13, 1996 Page 6 7.For safety reasons, in times of inclement weather or early thawr, the City shall have the authority to stop all hauling activity on the project until such time that the Citv determines necessar>. 8. Applicant shall transmit weekly updates on the construction progress to the City. 9.Applicant shall coordinate discussions on pond maintenance in future meetings with Cit> staff, with the intent that future incidents of pond maintenance may be subject to an abbreviated City re\iew rather than the current process. 10. (For Discussion) Applicant shall replace on a tree-for tree basis, all 6-inch diameter or greater trees which are removed to accomodate this project. Options for Action 1. Recommend approval per Conditions 1 - 10 as listed above. 2. Recommend approval subject to revised/additional conditions. 3. Table for further information (specify). 4. Recommend denial, stating specific reasons. 5. Other. Isv nri I / .,1 {Application # ^f bate Received . /^:>~/9* Amount Paid ^JSC.%.nj CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION ^ Site Address End of Creekwood Trail at Outlet of South Katrina Marsh. Type of Application to be Filed Grading 101 G.Y. or more within a designated wettand, Property Identification Number (P.I.D.) 30-118-2333 0004 and 30-116-2333 APPLICANT Name Minnehaha Creek Watershed District Gray Freshwater Center Address 2500 Shadvwood Rd.. Suite 37 Phone (home). ________ Phone (work) 471 >0590 City Excelsior Zip 55331 _ OWNER (if different than applicant) Name Christopher Tillotson/James O'Neill Phone (home) 996/0686/ Phone (work) 863-4261/ Address 7130 Kenmare Dr/4680 Creekwood Trail Bloomington/ City Maple Plain Zip 55438/55359 Date Property Acquired (month/year) 1 (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____ S 15.00 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 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.(X) Comprehensive Plan Amendment _____ $100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District_______________ Present Use of Property_____Residential A 1 ^ Other (specify) Wetland/Wet Detention Pond J REQUIRED SUBMITTALS 1. ✓ Completed Application Form. ✓ Describe request in detail. See EAW.2. 3. 4. 5. 6. 7. 8. 9. ✓ __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. 348-3271). ✓ __Certificate of Survey (signed by a licen.sed surveyor) - 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 owner(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 to notified of this application. ✓ YOUR ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENT OR COPY FOR REPRODUCTION (II” 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 bestj^fhi^er knowledge. Applicant's signature Date 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 signature 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 revitv. 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 Oi fice of this change prior to the meeting. I RUN DATE 10/M/fAUTCN SOS COUNTY PRO«RTY INFORMATICN SYSTEW mOTE'^TY 0»t«R3 LIST REPORT NO. PXASShOI PAGE ^AOOR (»t«R NAIC TAXPAYER NAHE/AOOR ZB 50-11S-2S SI OOOS 04SS5 HAYZATA ELVO N STATE SANK OF LONG LAKE CARY L FRAZIER 4555 HAYZATA ELVO N HAPLE PLAIN MN 55359 38 30-118-23 SI 000404575 HAYZATA BLVO H L G LA ERESH ETAL L C LA ERESH 4575 HAYZATA ELVO HAPLE PLAIN HN 5S359 38 30-118-23 3Z 000401040 TO:iN LINE RO C i H RICKHAFER CHARLES i HAX1^C~ KICKHAFER 1040 TOHN LINE RO MAPLE PLAIN MN 55359 V if: I*'' PRW AMR ONNER NAME TAXPAYER NAME/AODR PROP ADDR ONNER NAME TAXPAYER NAME/AOOR PROP AMR ONNER NAME TAXPAYER NAME/AMR PROP AOOR OHNER NAME TAXPAYER NAME/AOOR S8 SO-118-23 32 0005 OlOZO TOHN Life RO T J LUNIESKI I J P HAHL T J LUNIESKI I J P HAHL 1020 TOHN LINE RO MAPU PLAIN MN 55359 38 30-118-23 S3 0005 04480 CREEKHOOO TR J F A V M O'NEILL JAMES F O'NEILL 4480 CREEKHOOO TR MAPLE PLAIN MN 55359 38 30-116-23 33 0008 04745 CREEKHOOO TR D A STOROAHL A N L STOROAHL DAVID A I NANCY STOROAHL 4745 CREEKHOOO TR MAPLE PLAIN MN 55359 38 30-118-27 34 0001 00038 ADPIiESS UNASSIGNED KIP A NELSON KIP NELSON 4580 NATERTOHN RO MAPLE PLAIN m 55359 38 30-118-23 33 0003 04750 CREEKHOM TR 0 M JELLISON t S L JELLISON DAVID M I SUSAN L JELLISON 4750 CREEKHOOO TR MAPLE PLAIN MN 55359 38 30-116-23 33 0004 04450 CREEKHOOO TR S C COLEMAN ASP COLEMAN STEPHEN C COLEMAN 4450 CREEKHOOO TR MAPLE PLAIN MN 55359 38 30-118-23 33 0009 04765 CREEKHOOO TR L H UNOERIIILL/H L UNDERHILL LONNIE H/TIARSHA L UNDERHILL 4785 CREEKHOOO TR MAPLE PLAIN fW 55359 TOTAL BATCH 503 00013 38 30-118-23 33 0004 04700 CREEKHOOO TR CHRISTOPHER L TILLOTSON CHRISTOPHER L TILLOTSON 7130 KEMARE DR BLOOMINGTON MN 55438 38 30-118-23 33 0007 04475 CREEKHOOO TR DAK BIEK DAVID A KATHRYN BIEK 4475 CREEKHOOO TR HAPLE PLAIN MN 55359 38 30-118-23 33 0010 00038 ADDRESS UNASSIGNEO PAINTERS HOODS HMOHNRS ASSOC PAINTERS HOODS HMOHNRS ASSOC 4750 CREEKHOOO TR MAPLE PLAIN MN 55359-9419 f t I J J 'r.-* (HI -I12! - ' Ar . Jr. i i) <-• J L- Gray Freshwater Center Hwys. 15 & 19. Navarre ua 2500 Shadywood Road Excelsior. MN 55331-9578 Phone <612)471-0590 Fax; (612) 471-0682 EmaU: adminOmnwatershed org Wet) Site: www.mnwatershed.org iMfd of MaMfffs: John E. Thomas President Pamela G. Blixt Vice President Monica Gross Secretary Thomas W. LaBounty Treasurer C. Woodrow Love Thomas Maple. Jr. Malcolm Reid District Office: Eugene R Strommen Oistrict Director Suzanne M. Weedman Asst. Oistrict Director 0 PnftMd on rtcyctod poptr contammg at lotit 30% post consumtr wtstt Niniebaba Creek Watershed Distrirt Improving Quality of Water, Quality of Life October 25. 1996 Mr. Michael Gaffron City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 f? 9 • % V .w .1 . \ ; V M -Ivi Re; Painter Creek Maintenance and Improvement Project Wenck File #0185-04-227 Dear Mr. Gaffron: On behalf of the Minnehaha Creek Watershed District (MCWD), enclosed is a permit application and the following supporting documents relating to the above referenced project: Environmental Assessment Worksheet (EAW) Certified Property Owner List, labels and plat map Certificate of Survey/legal description Survey of access easement Full size design plans (three sets) Reduced size design plans (one set) List of legal names of all persons with an interest in the property/list of others to notify Department of Natural Resources permit application and associated cover letter and attachments Minnesota Pollution Control Agency cover letter. Per our previous phone conversations, the MCWD project is completely within an existing MCWD easement. Access to the project is proposed to be through an existing Orono drainage easement shown on the attached survey you sent me for "Painters Woods". Please feel free to contact me at 479-4224 if you have any questions regarding the project or require further information. Sincerely, WENCK ASSOCIATES, INC Engineers for the E^tricti Andrew E. Syverson, P.E. Environmental Engineer AES/ljv Enclosures cc;Gene Strommen, MCWD Wavcriey Eby Booth. Smith Parker s M:)ii5\.ki-2rAwo«)RLviCKT:4A lth aes ij» 4 • 1 1 ;■ i Minnehaha Creek Watershed District Painter Creek MaintenanceAVater Quality Improvement Project I.Background Jennings Bay is a basin located at the northwest extreme of Lake Minnetonka (Figure 1). Based on water quality data available and di ^cumented to date, the water quality of Jennings Bay is inferior to that of other portions of Lake Minnetonka. In lakes of the upper midwest, as elsewhere, the availability of phosphorus is the limiting nutrient factor for algae growth. When the activities of man increase the amount of phosphorus in a lake, algae blooms and other undesirable conditions also increase. Sources of phosphorus entering a lake are classified as "external" (from "point source" - such as a specific discharge and "non point source" - such as urban and agricultural runoff) and "internal" (from the lake sediments). The size and nature of the drainage area primarily determines the amount of non-point source phosphorus entering a lake. The total watershed area for Jennings Bay is approximately 10,500 acres, while the surface area of Jennings Bay itself is 300 acres. The watershed area to lake area ratio (35:1) indicates a potential significant external loading. The Painter Creek sub watershed accounts for more than 75 percent of the total watershed of Jennings Bay. Painter Creek is one of the major tributaries draining into Lake Minnetonka. Painter Creek proper begins at the outlet of Lake Katrina <n Baker Park Reserve and traverses approximately 5.5 miles to its mouth at Jennings Bay, in the City of Minneuista (Figure 1). 1 k NAOl ISVH-I93AWORO\WTR-OUAL. AES-tJv The Painter Creek watershed has an area of approximately S,000 acres and is located entirdy within the Minnehaha Creek Watershed Distria (MCWD) in the Cities of Medina, Orono, Maple Plain, Independence, and Minnetrista, and represents approximately 11 percent of the total area draining into Lake Miimetonka. The watershed encompasses Lakes Katrina and Ihies, as well as numerous low areas, marshes, and wetlands. Existing land use is primarily agricultural and low density residential. Historically, the water quality of Painter Creek has been degraded due to Maple Plain wastewater treatment plant discharge and agricultuml land uses. This has adversely impacted Jennings Bay as well and is strongly suspected to be the cause for a significant build-up of nutrients in Jennings Bay sediments. Although the Maple Plain wastewater treatment plant discharge ceased in 19b6, Jennings Bay continues to show degraded water quality. It is believed that the "internal’' phosphorus loading from the bottom sediments is significantly responsible along with continued external loading. II. PRF.VTOIJS \fTNNFHAHA rRFFK WATERSHED DISTRICT PROJECT In 1982, an Engineer's Report for Pamter Creek as part of the Upper Watershed Improvement Project was prepared for the MCWD. Seven construction areas where identified and constructed in 1985 as part of the Upper Watershed Improvement Project CP-5 for Pst;;.:-^' Creek, as listed below: Lake Katrina Outlet Control Structures: A twelve foot sheet pile weir was constructed with an overflow elevation at 960.65 to increase water detention time in Lake Katrina. * South Katrina Marsh Channel Improvements: 2000 feet of channel was excavated to improve the hydraulic gradient through South Katrina Marsh. N.VO 11SVH-19 JVWORDNWTR-OU AL A£S-f]v South Katrina Marsh Outlet Control Structure and Sedimentation Basin: A 15 foot sheet pile vacir was constnictcd with an overflow elevation of 959.13 and a one third of an acre sedimentation basin excavated to reduce suspended solids. Painter Marsh Channel Improvements: 3000 feet of channel was excavated to improve the hydraulic gradient through the Painter Marsh- Painter Marsh Outlet Control Structure: A 55 foot sheet pile weir was constructed with an .' erflow elevation of 940.91 and a three quarter of an acre ^dimentation basin excavated to reduce suspended solids. Pond 937 Outlet Control Structure: A 50 foot sheet pile >^cir was constructed with an overflow elevation of 938.44 to increase water detention time in Pond 937. Painter Drive Culvert Reconstruction: The existing 87" x 63" CMP arch culvert was reconstructed to meet DNR standards as a fish velocity barrier. Overall the 1985 Painter Creek Project increased storage capacity by approximately 900 acre feet for major runoff events and substantially reduced peak discharges to Jennings Bay. m. WF.OUIRED MAINTENANCE Repair and maintenance of the existing structures and sedimentation basins is required to maintain their project benefits. In addition, enlargement and deepening of existing sedimentation basins at the same time as tlie mainienance excavation, w^U provide additional wet storage volume and improve the water quality in Painter Creek and Jennings Bay. A list of the required repair and maintenance including basin enlargement and deepening is shown under the following section (Cost Estimates). R^l ISV>4.191\WOW>WTR-QU AL. A£5-lj v I i 1 IV. Painter Creek MainteaanceAVater Quality Itnprovemeat Project Cost Estimate South Kairiua Marsh Item 1. Mobilization 2. Excavation 3. Overflow Structure Modifications 4. Restoration Uait CY. L. S. AC. Quantity 5,500 1 2 Unit Cost 57.000 S8 S10,000 52.000 TOTAL Contingency 10% Engineering, Legal & Administration 35% GRAND TOTAL N^0l»^0«.|91\MrOI^!^Vm-QUALA£S^iv Amount STSiQQ S44.000 $10,000 $4,000 SUB TOTAL $65,000 Painter Marsh 1. Mobilization L.S.1 $25,000 $25,000 2. Excavation C.Y.27.000 $7 $189,000 3. Overflow Structure .Modifications L.S.1 $5,000 $5,000 4. Overflow MH L.S.1 $10,000 $10,000 5. DropMH L.S.1 $3,000 $3,000 6. 24”HDPEPipe L.F.90 $60 $5,400 7. 24” Dip Pipe L.F.30 $45 $1,350 8. 24” Gate Valve EA.1 $2,000 $2,000 9. 36” CMP Areh Pipe L.F.45 $50 $2,250 10 36” CMP Apron with Rip Rap EA.1 $1,200 $1,200 11. Restoration AC.2 $2,000 $4,000 12. Clay Borrow C.Y.150 $12 $1,800 SUB TOTAL $250,000 S315.000 $32,000 $110,000 .S457.000 w C5omZn o w 5^. C) MH UOmoHo ?8 ^ ^ ^ O^ o o v;8|I!br § 6 ^ * O ‘jp' Sr?O Q m rfg r sd opoo > sX 5 w o s3o 3! H ?3m > C/l d 73m 73 {Aw 33 s *0;o i 3 § 9 § ?0o o •11 3: >z >• Clw ?3 (/) .'AfN 1 if. im.%I »ui€PWWKTVCOOM 00 M <r *0*0*0 >* > > ^ y. z w E*l E^ 73 73 Vi f • f # f C/I f^l !• »« isisisis^r r, c r 3i ^ ^ ^ n X X X X w > > 5 2 > > PI >►H 50 Pn >H 50 CAX PImH 5 >* > o o ^ m 5 SH O H 1 o o nto w ?3 H H o > > S 51to•H Owab H y 3 3 O 3 § T'S. »—4 ow {O r >K r:^ yV % hd > Hw :t7 M SI !P1 *5^ :z: Q w 3 > XI > X > 8^aM H a o « ^ o z > K-. O H ^ w 2 K> X a © g1^ NH ^ H O ^ n H ,\ Wenck • •Mil tMMUlM. I»» MO PtMWW OrMk CmI«« tKtUMMMiai >«|UMr« W«»M rM«. IM ism (ttji «7*-OM r««> lttj» « 71-4141 IMCHAHA CREEK WATERSHED DISTRICT PMITER CREEK MAINTENANCE AND IMPROVEMENT PROJECT C.I.P.-5 s»ciT tint MViliOMt OAtf TITLE SHEET •• a*Tf< «PTti«* im OHM - *1—0MN.JM. jrrO-JgL- \ 4 r > < ?• •T"- L 4 A ILBSIJB 5 i^difilWenck ■ ••4k AMMUIM.IM. *00 0*4* e«M«» ■«»lrMM«iiU> ••(UMr* »»iK**« SJJM f«»4 liljl 4»t-4l4j *k>«t Ifc^NDOMA CHEEK WATEWSICD DISTRICT P/aiTER CR£EK ^ WPROVCICNT MU mil OAfi'urttuarM mm KVISONI OAft DM-at- -------_ , V. V. «? M K> **w : J V*'* rt*« e>> S( (•■■ •l. ; ••.. ‘•■■\ IIIIIVIIIIIBIIUIIII IIIIIIIDOIBaiEilllllll lililVIllillllVIlll liiiiiifiaiBaicaiiiiiiiiiiiniiaRiiiiRiiii iiiiiyiisiiiiiuiiii iiiiiiiBaiBaiaaitiiii iiiiinRRaRRaiiniiii IIIIIUIIBIIBIiailll llllllIBBIBaiBBIIIIIIIIIIIRIIIMSIlflIIII iiiiiviiiiiBiiyiiiiiiummmmiw iiiiriiiMiiiiiiii iiimiiiimniii BBiiiiBaiBaiEaiiiiiiiiiiRiisiisiiniiii iiiiyiiiiiiiiyiiii iiiiiiEaiEaiBBiiiiii laiBniiiRRBiiniiii IIIBUlieiiBIIVBIIIlIBBIIBaiBBIBBIIIIII iiiiRiisiiiiiniiii iiiiyiisiiiiiviiii lllllIBBIBBlEailllll IIIIRIIBRIIMnilli S.- 4; I H" * IIIII 16!III )iBaiIIIIII - Wenck V«Mk ■ Im VOO W»Mf Om* C«*4«» lavUMaiMUl !!•»«• fMK SAMI lim 4M-4IM r«« uui 47I-4I4I liNNEHAHA CREEK WATERSHED OtSTRiCT PAMTER CREEK UAMTENANCE AND HAPROVEUENT PROJECT C.IP.-5 MCI mic SOUTH KATRtM QgTACS OArt.UMtMICN AM out D«M —/l!_ MOt—Ott. 4»^_JWL Gray FrtsftwalEr Center Hwys. 15 & 19. Navarre iUlatl: 2500 Shadywood Road Cxcelsior. MN 55331-9578 Phone; (6’2) 471-0590 Fax: (612)471-0682 Email; admm9mnwatershed.org Web Site; WWW mrwatershed org Board of Managers: John E. Timmas President Pamela G. Biixt Vice President Monica Gross Secretary Thomas W. LaBounty Treasurer C. Woodrow Love Thomas Maple. Jr. Malcolm Reid District Office: Eugene R. Strommen District Director Suzanne M. Weedman Asst. District Director 0 Pmitfl 00 rtcycJfd oaor at test 30% postcoASurjf wisti .Minnehaha Creek Ji.Watershed District H Improving Quality of Water, Quality of Life October 25, 1996 M, C * , A* « J-l' . J ..t-.) ■n V •■v Ms. Judy Mader Minnesota Pollution Control Agency Nonpoint Source Compliance Section/Water Quality Division 520 Lafayette Road St. Paul, Minnesota 55155-4194 .v>' Re:Painter Creek Maintenance and Improvement Project State Disposal System Permit Application Wenck File #0185-04-227 Dear Ms. Mader: On behalf of the Minnehaha Creek Watershed District (MCWD), enclosed is a permit application and the supporting documents to obtain the required State Disposal System (SDS) Permit for the proposed work. Also enclosed is a check for $85 to cover the application fee. The District has identified three soil disposal areas. Each disposal area is described below by providing specific site information. Ail proposed disposal areas are located in upland areas with no anticipated impacts to wetlands, lakes, or othei waterbodies. All of the proposed disposal areas have recently been used as farmland. See Figures 1 and 2. A minimum of a 35-foot buffer will remain between existing wetlands and upland fill areas. A silt fence will be installed upgrade of the wetland buffer between the land applied soils and any adjacent wetlands. All silt fences will be maintained until the farmland is stabilized with vegetation the following spring. All wetlands adjacent to the three soil disposal areas were delineated and documented in the enclosed Wetland Delineation Report entitled, "Upland Soil Disposal Sites for Painter Creek Maintenance and Improvement Project". All of the farmland will be seeded and or cropped the following spring. There are no designed discharges from the disposal sites, water from the spoils will infiltrate into the ground or evaporate. Enclosed along with the permit application are supporting documents and relevant project information which include the following materials: N.^ 1 S5VW.r7VWORDwJM’CC:6 LTR-AES-ljv Ms. Judy Mader Minnesota Pollution Control Agency October 25, 1996 Page 2 EAW DNR permit application construction plans (full and half size sets) information on project background information on upland soil disposal areas/wetland delineation report Soil Disposul Areas Area 1 Site Name; T.ocation: Intended Use: Dimensions: Volume: Provisions: Area 2 S.ie Name: Location: Intended Use: Glenn M. Rye Township 1 17N, Range 24W. NW‘/4 NW‘A of Section 2 North of Co. Rd. 26 and west of Co. Rd. 110 Minnetrista, Hennepin County Spread 0-4 feet of soil over existing farmland. Size of Disposal Area: 4.1 acres 785’ X 225' X 4' 26,000 cubic yards A minimum of a 35-foot buffer will remain between existing wetlands and the upland fill area. A silt fence will be installed upg»-ade of the wetland buffer between the land applied soils and the adjacent wetland. The soil will be spread during the winter months and the site seeded in alfalfa the following spring. Marvin D. Johnson Township 117N, Range 24W. SEV* N WU of Section 2 North of Co. Rd. 26 and west of Co. Rd. 110 Minnetrista, Hennepin County Spread 0-2 feet of soil over existing farmland. N >OIlS^*:2i\WOW>M-rM 102:6i.TTl-AES-ljv ing led ind iter ing ng :ed nd ter ng . k -2XS^ r- Ms. Judy Mader Minnesota Pollution Control Agencv October 25,1996 Page 4 Please call me at 479-4224 if you have any questions regarding this permit application or need additional information. Sincerely, WENCK ASSOCIATES, INC. En'^ineers for the District ■uj i Stt Andrew E. Syverson, P.E. Environmental Engineer AES/lw cc;Gene Strommen, MCWD Joe Yanta, COE Ceil Strauss, DNR Mary Leintz, City of Independence Julie Kemp, City of Minnetrista Mike Gaffron, City of Orono Waverley Eby Booth, Smith Parker N.MII 85MU-n7\WOIUMJM lU226i.TR-A£Sijv r t • 4 ’v ~ » • • ,.5<okin^j|;ni^ 0,>a.- - PROJECT -LOCATION . . N .> • I ^ 0^1. * ' 7 "^L . > ' • • --? _ • .;- - €C^ ' «I;% ,/?c-r-^ ^ I ' • /‘x/siJl••”1 .% n{sZ^/•^S i ~ X J^: 'f- •'<j5' •.— / / tnni i scale 1:24000 0 I »*»l£ 1000 iOOO 2000 iOOO ^000 rCCT 1 AicOMcrcA CONTOUR INTERVAL JO FEET MINNEHAHA CREEK WATERSHED DISTRICT Project Location Map Wenck\ Wenck Associates, Inc. 1800 Pioneer Creek Ctr. Environmental Engineers Maple Plain, MN 55359 OCT. 1996 Figure 2 «r MNESOTA REQUEST FOR REVIEW AND COMMENTS 97-6076 10/31/96 MINNESOTA DNR PERMIT APPLICATION NUMBER: __ DATE OF REQUEST:______________________________________ (Note: ConBootf •ppMgortoo ore Duo 30 dov« from receipt of thii BOtke. Retura CoauBeilti to: DNR • Dhisloo of WatentMctfoRcfioa, 1200 Warner Rood, St PaaLMN 55106.) FROM: CoM Strauss, Aren Hydrologist TO: □ City/Couoty □ Waterdied Authority □ Coos District (SWCD) □ Coq>s of Engineers a DNR WiUlifiB □ DNR Fidieries □ DNR Eco. Services O MPCA PHONE: (612) 772-7910 *Orono-Mike Gaffron r^netrlsta-Julla K. WischnacK / *lndapandanca-Mary Laintz NA - applicant__________________________________________________ Hennepin - AM Durgunoglu__________________________________________ *Joe Yanta Diana Regenscheid Oatyl Ellison Wayne Barstad *Judy Mader PROPOSAL INFORMATION Applicant: Mhinehaha Creek Watershed Distfict (agent - Wenck) Protactad Water Painter Marsh/South Katrina ONRIO#: 27-923/918 County: Hennepin Project Description: Excavation of 2.15 acres within Painter Marsh (27-923W) and 0.51 acres \Mthin South Katrina (27-918W) for a total of 2.66 acres. 1.49 acres of mitigation (at 1:1) proposed for portion that Is a conversion from wetland to deep water. Purpose of project is water quality improvement in Jennings Bay and provide additional flood storage. ___________________________________________________ * Received plans and supporting documents direcHy from appficant Location: S. 2. T117N-R24W and S. 30. T118N-R23W COMMENTS ON PROPOSAL Comments on Project by Reviewer (attach separate sheet if needed): Recommendation of Reviewer: Name of Reviewer:Title:Date: I request a copy of the recommendation of the Area Hydrologist: YES NO 'Gray Freshwater Center Hwys. 15 4 19. Navarre Maa^ 2S0G Shadywood Road Excelsior MN 55331-9578 Phone (612) 471-0590 Fax; (612) 471-0682 Email: admindninwatershed.org Wet) Site: WWW mnwatershed org Board of Managers: John E. Thomas President Pamela G. Blixt Vice President Monica C'oss Secretary Thomas W. LaBounty Treasurer C. Woodrow Love Thomas Maple, Jr. Malcolm Reid District Otfice: Eugene R. Strommen District Director Suzanne M. Weedman Asst. District Director 0 pr n’e€ Qfl MOtr cornimirg It ’Ml! 30^i Ttt consume wistf .Minnehaha Treek Jt-Watershed District Improving Quality of Water, Quality of Life October 25, 1996 . » Ms. Ceil Strauss Minnesota Department of Natural Resources : 1200 Warner Road ! St. Paul, MN 55106 Re: Painter Creek Maintenance and Improvement Project WenckFile ^0185-04-227 Dear Ms. Strauss: On behalf of the Minnehaha Creek Watershed District (MCWD) enclosed is a permit application for the above-referenced project. Per a phone conversation with Joe Yanta (COE), it is our understanding the project will also require Section 404 authorization under Regional General Permit No. 1 from your office. The two parts of the project include maintenance and improvement of the South Katrina and Painter Marsh wet detention ponds. The purpose of the project is to restore the flood storage and water quality benefits of the Painter Creek Upper Watershed Improvement Project constructed in 1985. A public hearing on the design plans was held on June 20, 1996. Tlie notice of EAW availability was published in the EQB Monitor on July 15, 1996. A public hearing on the EAW was held on August 8, 1996 and remained open to receive written comments until August 14, 1996. Four EAW comment letters were received from the following agencies: Metropolitan Council, Minnesota Department of Natural Resources, Minnesota Historical Society, and the Minnesota Pollution Control Agency. Response letters were sent to the above-referenced agencies. A Negative Declaration of the Need for an Environmental Impact Statement was approved at the August 22, 1996 MCWD Board Meeting. Since the EAW was completed, the only significant design change was the reduction in the size of the South Katrina Marsh wet detention pond from 0.59 acres to 0.51 acres. The pond size was reduced to provide the recommended setback distance from a recorded burial site per the state archaeologist. Enclosed along with the permit application are supporting documents and relevant project information which include the following materials: N'iJIlS 04.::T^WORDU.CS09306 LTR-.AES-Ijv Ms. Ceil Strauss Minnesota Department of Natural Resources October 25, 1996 Page 2 EAW EAW comment letter from DNR Response to DNR EAW comment letter Construction Plans (full and half size sets) Information on project background Information on upland soil disposal areas/wetland delineation report Please call me if you have any questions regarding this permit application of any frirther information is needed at 479-4224. Sincerely, WENCK ASSOCIATES, INC. Engineers for the District Andrew E. Syverson, P.E. Environmental Engineer AES/ljv Enclosures cc:Gene Strommen, MCWD Joe Yanta, COE Judy Mader, MPCA Mary Leintz, City of Independence Julie Kemp, City of M’mietrista Mike Gaffron, City of Orono Waverley Eby Booth, Smith Parker N \0ll5\O4.:27\WORDU.CS09)06 LTR A£S-Ijv r NA^26:0^l Xocal - State - Federal Water Resource Project Notification / Appiicatinn Fftrm Use this form to notify/apply to the U.S. Army Corps of Engineers, the Minnesota Department of Natural Resources, and your Local Government Uni» of a proposed water/wetland project or work which may fall within their jurisdiction. These agencies should advice you of their jurisdiction or permit requirements withm 45 days. Some LGLTs mav also require submission of their own application forms. Fill out this form completely and mail a copy, with plans, maps. etc. to each of the agencies listed on the reverse of the form. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGI>nsiING WORK. AGFNCY t.’SE OM-Y LGU NUMBER:MDNR NX'MBER:CORPS NTMBER: I. Applicants .Name (Lost. First. .VII.)Authcrtied .Agent, if any Minnehaha Creek Watershed District Addrtss (Street RJD. Box City. State Zip) Wenck Associates. Inc Area Code. Telephone (612)471-0590 (MCWD) (612) 479-4224 (Wenck) 2500 Shadywood Road. Excelsior. MN 55331-9578 II. Location of proposed project (anach drawing showing how to get to site) COLMTY Hennepin gU.ARTER SECTION(s) NW/SW SECnONis) NO. 2/30 TOVVNSHlP(s) NO 117N/118N RANGE(s) NO 24W/23W Lot, Block, Subdivision FIRE No. BOX No. OR PROJECT ADDREoS jiAME OF WATERBODY AFFECTED AND NUMBFR HP k \.r)WM) outlet of Painter Marsh (923W) / outlet of South Katrina Marsh (918W) m ESTIM ATED PROJECT CIST: $435,000 LENGTH OF SHORE AFFECTED (in feet) N/A IV. VOLUME OF FILL Or . KCAVATION (Cubic Yards): 27.000/3.900 CubiC ydS. AREA HLLED OR EXCAVATED IS 2.15/0.51 Acres. Square Feet (NOTE: You may substitute dunensioiu) V. TYPE OF W ORK AND AREA (CHECK ALL THAT APPLY); □ ACCESS P.ATH □ CONSTRUCT □ DKyN 0 EXCAVATE □ DOCK □ FILL □ REMOVE 0 REPAIR □ lake □ BRIDGE □ RIPRAP □ CULVERT tl DAM □ SANDBLANKET □ SHORELINE B □LAND OTHER (DESCRJBE):_Repair/replace existing outlet structures fsheet pile weir with ripraps WETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FILLED/DRAINED: No fillino or draining Proposed Attach applicable drawings, plans, and ASCS crop photos. Include a description of any proposed compensatory mitigation. Impoftant- Identify anv disposal and borrow areas. Describe the work below: how it would be done, what equipment would be used. See Attachment VI. PROJECT PURPOSE (why is this project needed - what benefits will it provide?); See Attachment VII. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing wetland/water impacts: Atuch additional sheets, if needed). See Attachment VIII. DATES: Proposed start of activity: December 1996 (Identify any completed work on attached drawing) Proposed completion: Mid Summer 1997 IX. ADJOINING PROPERTY OWNERS (Attach list if more than two) Name Address See Attachment___________________________ Suce Zip X. PERMITS have been received (enter an R) or already applied for (enter an A) from: ^ dnr army corps of engineers COLNIY ^ TOWK/CriY ___watershed DISTRJCT AMN POLLUTION CONTROL AGENCY See Attachment Has an archaeological survey of the project site been done?If so, by whom I hereby notify the recipients ofjhisform of the project proposed herein and '?qucsi Chat I be advised of any permits or other determinations concerning this project thall must obtain. I und6fsta?ki that proceeding with work before all r.quired authorizations arc obtained may subject me to Federal, State, and/or local administraiw. civil. and/OiCcrimlnaL^nalties. c that I must obtain. I und^rstaiyi thi istrail^, civil, and^crimmaj^nal Signature of Person Proposing Projeef or Agency _ _ _ _ < < < PLEASE CAREFULLY READ AND COMPLETE BACK OF FORM DATE N WlllVM-X27\W«iiaONILAff •AtSdv i INSTRlimONS - PLFASE READ CAREFULLY A copy of tfiis form, with copies of all plans, drawings, etc . should be sent to each agency indicated below. Please check the appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records. ✓__ local government unit (LGU): city, county, or watershed management organiation. Specify the LGU to which you are sending the form: Cities of Independence. Minnetllsta and Qrono The local SOIL & WATER CONSERVATION DISTRICT (SWCD) for the project Specify the county SWCD: -------------------------------—----------- ✓__ watershed D istrict (if one exists for the project area). Specify the Watershed District: MCWD IS the SDPllcaPt ✓ MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MDNR) regional office U.S. ARMY CORPS OF ENGINEERS (CORPS). Send the CORPS copy to: Department of the Army, Corps of Engineers, St. Paul District, ATTN: CO-R, 190 Fifth St East, St Paul, MN 55101-1638 ■Note: The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality rules may apply to your proposed project ATTENTION IFrnm IlSDAI: Any activity including drainage, dredging, filling, leveling or other manipulations, including maintenance, may affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with your local USDA office to request and complete Form AD-1026 prior to initiating activity. IMPORTANT: Some agencies, including the Corps of Engineers and the MDNR accept his form as a permit application form. If you wish this form to constitute an application to the Corps and/or MDNR for any necessary permits for your project please carefully read the following information and sign where indicated. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete and accurate. I further certify that 1 possess the authority to undertake the proposed activities^am acting as the duly authorized agent of the applicant /// , \ ) . _______________, Signature of Agent ^Signature of Applicant Date Date Note: The application must be signed by the person who desired to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the information requested below is provided. Agent’s Name and titip- Andrew Svverson. P.E Wenck Associates, Inc. Agent's AHflrpe*!- 1800 Pioneor Creek Center. P.O. Box 428 Maple Plain. MN 55359*Q428. Agenfs Telephone: (612) 479-4224 18 U.S.C. Section lOOl provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United Stetes knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowmg same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than S 10.000 or imprisoned not more than five years, or both. CFF attachment about MDNR PERMIT FEES APf*A£S^ Depiitmem of Nttural Resources Division of Waters NA-02659-03 Rev 3/94 nFPARTMFNT OF N ATI IRAL RFSQtJRCES WATER PERMIT APPLICATION FEES Use this sheet to determine your permit application fee if the project will be in DNR protected waters or wetlands. Fees must be paid with a check or money order payable to the "Department of Natural Resources". Cash cannot be accepted. Painter Creek Maintenance and Improvement Project Fee for the construction or repair of a dam.............................................................. (Under Minnesota ’s Dam Safety Rules, M.R. 6115.0300-6115.0520) S75.00 Fee for the placement of riprap shore protection ....................... (or place fill to recover shoreland lost to erosion) S75.00 Fee for all other projects ..........................................................................................................See Below* Minimum Fee:...........................................................................................................^ S75.00 Project Cost: S 435.000 x 1%.................................................................................B) S 4J2(L.Qfl Length of Shoreline Affected: __________ feet X 75 cents per foot ®C)S (For channel excavation projects, the shoreline affected is the difference in length between the e.xisting channel and the new channel.) Volume of Material Filled or Excavated: “tn Qon cubic yards x 75 cents per cubic yard D)S2UIlfi£l (For channel e.xcavation projects, the volume is only the material filled or e.xcavated in protected waters.) Ma.ximum Fee:.......................................................................................................... ‘DETERMINE YOUR FEE AS FOLLOWS: If B, C, and D are all less than $75.............................................................the fee is $2i If By C or D is more than $75 but less than $500, the fee is the largest amount of B. C. or D. If B, C, or D is more than $500..........................................................................the fee is $5QQ If you represent a Township applying for a road, bridge, or culvert project,...............................................................the maximum fee is $100. NOTICE— If a DNR permit is required for the work proposed, your application will not be processed unless the appropriate fee is submitted. Applications sent with no fee or an inadequate fee will be considered withdrawn after 30 days and no further action will be taken. The permit application fee for work partially or wholly completed prior to this permit application is double the normal fee; if a field inspection is also required, the application fee will be double plus the actual cost of the field inspection (not less than $100). Al.l. FEES ARE NONRFFUNDABLE This information is available in an alternative format upon request. O 1994 State of Minnesota, Department of Natural Resources N Wlt5'04-227'W*f#WTR-«W4 F1M-A£S4^ Local-State-Fedcral Water Resource Project Notification/Application Form; (Additional Application Information) V. Type of Work and Area: • Construction plans are enclosed wth permit application • Proposed compensatory mitigation for excavation in DNR protected wetlands 923 W and 918 W is as follow's: Total excavation (2.15 acres + 0.51 acres) = 2.66 acres Subtract excavation area in existing sedimentation basins (0.74 acres + 0.18 acres) = -0.92 acres Total Wetland Impact = 1.74 acres of type 3 wetland Subtract area of wetland fringe created around wet detention ponds = -0.25 acres (i.e., area shallower than 6.6 feet) Proposed mitigation ratio for conversion of wetland to deep water habitat -1:1 .'.proposed wetland mitigation = 1.49 acres of type 3 wetland The w'etland mitigation will be performed as part of a regional wetland restoration project which is currently being planned by the District. • There are no borrow areas on either of the two sites. • The proposed wet detention ponds will be excavated during the winter months with either backhoes or drag lines. Upland Soil Disposal Sites: Soil e,xcavated from the South Katrina and Painter Marsh wet detention ponds will be land applied on three soil disposal sites which have recently been used as farmland. See enclosed letter applying for an MPCA State Disposal System Permit. Also see enclosed Wetland Delineation Report entitled Upland Soil Disposal Sites for Painter Creek Maintenance and Improvement Project (October 1996). The above referenced report documents wetland boundary’s adjacent to the three soil disposal sites. VI. Project Purpose The project purpose is to restore the flood storage and water quality benefits of the Painter Creek Upper Watershed Improvement Project constructed in 1985. The original project was designed to reduce peak flows as follows: N \OIS5S04.227\WORDVATCRNCNTDNK 1 Storm Event South Katrina (Pre-project) South Katrina (Post-project) Painter Marsh Painter Marsh (Pre-project) (Post-Project) 1-yr 10-yr 100-vr 4.6 cfs 8.4 cfs 13.5 cfs 2.4 cfs 4.3 cfs 6.7 cfs 128 cfs 159 cfs 175 cfs 18.8 cfs 22.8 cfs 24.6 cfs It is estimated that the two project components provide approximately 500 acre feet of flood storage volume for a 100-year storm event. Detention times of over 2 days for a 1-year storm event provides significant water quality benefits. Due to blockages by sediment and debris, the existing structures are not providing any rate control at this time. Detention storage will be restored and water quality treatment enhanced by increasing the sediment and dead storage volume of the two ponds by a total of approximately 14 acre-feet. Outlet obstructions have consistently compromised performance of the existing ponds. Enlargement and deepening of the existing ponds will provide sufficient sediment storage volume and prevent hiture outlet obstructions. VII. Alternatives To maintain previously existing project benefits, work within the existing sedimentation basins and modification of the existing outlet structures is required and no alternatives exist. The detention and water quality benefits associated with the existing structure cannot be achieved in upland areas because of the very large storage volume (approximately 500 acre feet of storage in a 100-year event) provided by the existing wetlands. DC. Adjoining Property Owners Painter Marsh Site 36 02-117-24 22 0003 Gary L. & Sue E. Pettis 6200 Co. Rd. No. 26 Mound, MN 55364 South Katrina Site 38 30-118-23 33 0004 Christopher L. Tillotson 7130 Kemare Dr. Bloomington, MN 55348 36 02-117-24 22 0004 Glenn M. Rye, et. al. 3713 Towndale Dr. Bloomington, MN 55431 38 30-118-23 33 0005 J.F. & V.M. O’Neill 4680 Creekwood Trail Maple Plain, MN 55359 N \OII5KM-I11\WOM)WTCHMVT DNR I X. Permits An archaeological reconnaissance survey was conducted by the Minnesota Historical Society in the vicinity of the South Katrina Marsh Project. The survey located human burial mounds adjacent to a portion of the proposed project. The project has been reduced somewhat to allow for a 50-foot setback from the construction limits as recommended by the State Archaeologist. The District believes, by taking the above actions, it has fully complied with rules governing the recorded burial site. The District is not aware of any archaeological survey of the Painter Marsh site. N \OII5y>4.22nWORD\ATCHNCNT DNR ^ i Bonestroo Rosene Anderlik£i I Associates Engineers & Architects Bor^srroo ROifrte Ana^rUk ^nd Aisoct^m fnc ri .*n Af* fr^.tr'.r Ai!,on Oppc tuntty F'^fOyvr PrtnciD.^ii Otfo G Bone'.t^oo Pt • iosepn C Pt • Varvtn i Sarv^M Pi • 1hry>^ra i ^u'nef P£ • Gienr P Coofc P£ • Thom,»s i Noyes PE • PoDert G Schurijchf P£ • Jerry A BourcJor PE • ffoCc't W Rosene PE and Su'.an M Et>ef*in C PA Senior Consuitar>ts T A%s€KiAte Principals Mowvard A San^or j Pf • Keitn A Gordon PE • Robert ff Pfef^e'ie PE • Richard \«r Poster P£ > Davrd O Los»ior ^ of • ffoOc'; C Rir.rek Ai A . Varii A Nansen PE • Michae' T R^tmann Pf • Ted f<e d • ^ennt•t*' P Andersor' PE • Var* R Roi^s PE • Sidney ® n.an'i.ir^ «>£ l S • Robi-r f Kotimifh Offices St Paui Rochester WiHr*»a' and St Cloud \:N • Me(^;-'r \A'| November 6, 1996 s.-' 40U. ri •• t f Mr. Michael P. Gaffron, Asst. Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bav, Minnesota 5512? 13896 • ^ ^ Re: Minnehaha Creek Watershed District File No. 139-2193 Dear Mike, We have reviewed the construction plans for the proposed wet detention pond and outlet control structure for the South Katrina Marsh. The grading plan and construction details are acceptable from an engineering standpoint. We offer the following comments in regards to engineering issues for the conditional use permit. Several thousand cubic yards of excess material will be hauled from the site. The haul route from the site to the designated disposal areas will be Creekwood Trail (a private road) to Townline Road (a common boundary City road) and from there it is not known. A haul route map and construction schedule should be submitted to the City for approval prior to commencing with the work. The applicant should be responsible for cleaning the surface and/or repairing any paved street that becomes soiled or damaged due to the construction activities on this project. For safety reasons, in times of inclement weather or early thaw, the City should have the authority to stop all hauling activity on the project until such time that the City determines necessary. 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 55113-3898 ■ 612-636-4600 1 Environmental Assessment Worksheet (EAW) Note To Preparers This worksheet is to be completed by the Responsible Governmental Unit (RGU) or its agents. The project proposer must supply any reasonably accessible data necessary for the worksheet, but is not to complete the final worksheet itself. If a complete answer does not fit in the space allotted, attach additional sheets as necessary. For assistance with this worksheet contact the Minnesota Environmental Quality Board (EQB) at (612)296-8253 or (toll-free) 1-800-652-9747 (ask operator for the EQB environmental review program) or consult "EAW Guidelines," a booklet available from the EQB. Note to Reviewers Comments must be submitted to the RGU (see items 3) during the 30-day comment period following notice of the EAW in the EQB Monitor. (Contact the RGU or the EQB to learn when the comment period ends.) Comments should address the accuracy and completeness of the information, potential impacts that may warrant further investigation, and the need for an EIS. If the EAW has been prepared for the scoping of an EIS (see item 4), comments should address the accuracy and completeness of the information and suggest issues for investigation in the EIS. 1. Project Title Painter Creek Project 2. Proposer Minnehaha Creek Watershed District Contact Penon Andrew Swerson Address Wenck Associates, Inc. 1800 Pioneer Creek Center P.O. Box 428 Maple Plain. MN 55359 r *M • *. *) \? -•M. ■ • • (.1 "a ' .• I ' .*• , t A -♦ . >. . / Phone (612) 479-4200 3. RGU Minnehaha Creek Watershed District Contact Person Gene Strommen and Title District Director Address Minnehaha Creek Watershed District Gray Greshwater Center, Navarre 2500 Shadywood Road, Suite 37 Excelsior, MN 55331 Phone (612)471-0590 4. Reason for EAW Preparation [ ] EIS scoping [X] mandatory EAW [ 1 citizen petition [ ] RGU discretion [ ] Proposed volunteered If EAW or EIS is mandatory give EQB rule category number(s)Minn. Rules, pt. 4410.4300, subp. 27 N >OliSVW-n7VWofd\Wiii» EAW.AES-fjV Page 1 of 14 6/26/96 5. Project Location The Painter Creek Project involves nvo separate project components. a. b. 6. South Katrina Wet Detention Pond : NE «/4 SW »/4 Section 30 Township _U4iL Range _2iW County Hennepin Cit>-/Township Qrono Painter Marsh Wet Detention Pond: NW Vi NiW ‘/« Section 2 Township 117N. Range _24W County Hennepin City/Township Minnetrista Attach copies of each of the following to the EA If': a a county map showing the general location of the project: b. copy(tes) of USGS 7.5 minute, 1:24,000 scale map (photocopy is OK) indicating the project boundaries; c. a site plan showing all significant project and natural features. Description Give a complete description of the proposed project and ancillary facilities (attach additional sheets as necessary). Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. The Painter Creek Project involves two separate project components designed to restore the flood storage capacity of the Painter Creek Upper Watershed Improvement Project constructed in 1985 and enhance water quality treatment by enlarging and deepening the existing basins at the South Katrina and Painter Marsh sites. a. South Katrina Wet Detention Pond: An existing wet detention pond will be expanded from approximately 0.18 acres to approximately 0.59 acres. County Ditch No. 10 (Painter Creek) runs through the pond and drains approximately 3,600 acres. The expanded pond area is all within DNR protected wetland 918W (Type 3). Construction activities will include pond excavation and outlet structure modification. The project will have no significant effect on creek hydraulics and water levels will not be changed from those permitted as part of the 1985 project. The creek will flow through an enlarged and deepened pond into a modified outlet structure and then through an orifice in the existing control structure. Construction is anticipated to start in the winter of 1996-1997 and be completed by mid-summer of 1997. b. Painter Marsh Wet Detention Pond : An existing wet detention pond w ill be expanded from approximately 0.74 acres to approximately 2.15 acres. County Ditch No. 10 (Painter Creek) runs through the pond and drains approximately 7,800 acres. The expanded pond area is all within DNR protected wetland 923W (Type 3). Construction activities will include pond excavation and outlet structure construction. Tree removal will occur in one area on the east side of the project. Many of the trees in this area have been cut down by beaver activity. The project will have no significant effect on creek hydraulics and water levels will not be changed from those permitted as part of the 1985 project. The creek will flow through an enlarged and deepened pond into a new outlet control structure where it will flow around the existing control structure. Construction is anticipated to start in the w inter of 1996-1997 and be complete by mid-summer of 1997, N«ll5\04.227\Werd\Ptifiicr EAW.AES.ljv Page 2 of 14 6/26/96 i 7. a. 8. a. Provide a 50 or fewer abstract for me in EQB Monitor notice: The Painter Creek Project involves two separate project components designed to restore the flood storage capacity of the Painter Creek Upper Watershed Improvement Project constructed in 1985 and enhance water quality treatment by enlarging and deepening the existing basins at the South Katrina and Painter Mirih sites. Project Magnitude Data ■Smith Katrina Wet Detention Pond: 1.26 acresTotal Project Area (acres) Number of Residential Units Unattached NA Attached CommerciaUIndustrial/lnstitutional Building Area (gross floor space) or Length (miles) NA NA Total NA square feet: Indicate area of specific uses: NA Ojftce. Retail NA Manufacturing NA NA Warehouse NA Light Industrial NA Other Industrial Institutional ___ Agricultural __ NA NA NA Other Commercial (specify)_ Building Height(s) NA NA b. Painter Marsh Wet Detention Pond: Total Project Area (acres) Number of Residential Units Unattached NA '*■83 acres or Length (miles) NA Attached NA Commercial/Industrial/Institutional Building Area (gross floor space) Total NA square feet; Indicate area of specific uses: NA Ojflce_______NA_____________ Retail ______NA_____________ Manufacturing NA Warehouse NA Light Industrial NA Other Industrial Institutional ___ Agricultural __ NA NA NA Other Commercial (specify)_ Building Height(s)_____ NA Permits and Approvals Required List all known local, state, and federal permits, approvals, and funding required: South Katrina Wet Detention Pond: Unit of Government Type of Application Status MN Dept, of Natural Resources (DNR) Protected Waters Permit Permit application to be submitted in summer 1996 NV0il5'O4-227\WorfPiiftt«f EAW-AES-ljv Page 3 of 14 6/26/96 9. U.S. Army Corps of Engineers (COE) Section 404 authorization Permit application to be under Regional General Permit subrained in summer 1996 No. 1 MN Pollution Control Agency (MPCA) State Disposal System Permit Site specific information to be sent to \fPCA to determine if permit is required City of Orono Conditional Use Permit Permit application to be submitted in summer 1996 b. Painter Marsh Wet Detention Pond : Unit of Government Type of Application Status NfN Dept. ofNatural Resources (DNR) Protected Waters Permit Permit application to be submitted in summer 1996 U.S. Army Corps of Engineers (COE) Section 404 authorization Permit application to be under Regional General Permit submitted in summer 1996 No. 1 MN Pollution Control Agency (MPCA) State Disposal System Permit Site specific information to be sent to MPCA to determine if permit is required City of Minnetrista E.\cavation and fill Permit Permit application to be submitted in summer 1996 Land Use Describe current and recent past land use and development of the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses: indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. a. South Katrina Wet Detention Pond: The site's current land use is that of a wet detention pond abutted by a 104 acre DNR protected type 3 wetland. Hennepin County Ditch No. 10 runs through the wetland and iIk existing and expanded wet detention pond. The existing wet detention pond will be expanded from 0.18 acres to 0.59 acres and is compatible with the existing land use. Adjacent parcels to the south and west contain low density single family homes. The wooded parcel to the north is undeveloped. No environmental hazards due to past land use are expected as the site has historically been a wetland. b. Painter Marsh Wet Detention Pond : The site's current land use is that of a wet detention pond abutted by a 354 acre DNR protected type 3 wetland. Hennepin County Ditch No. 10 runs through the wetland and the existing and expanded wet detention pond. The existing wet detention pond will be expanded from 0.74 acres to 2.15 acres and is compatible with the existing land use. Adjacent parcels to the south and west contain two single-family homes and consist of pasture and agricultural land. No environmental hazards due to past land use are. expected as the site has historically been a wetland. N \OII5\04-aTlWo«rj>«iiiter EAW-AES-ljv Page 4 of 14 6/26/96 1 F 10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development (before and after totals should be equal): a. Smith Katrina Wet Detention Pond : b. Types 2 to S Wetlands 1.08 acres 0.67 acres Urban/Suburban Lawn Landscaping 0 acres 0 acres Wooded Forest 0 acres 0 acres Impervious Surface 0 acres 0 acres Brush/Grassland 0 acres 0 acres Wet detention pond 0.18 acres 1.26 acres Q.59 acres 1 .26 acres Cropland 0 acres 0 acres Painter Marsh Wet Detention Pond: Before After Before After Types 2 to 8 Wetlands 3.09 acres 1.68 acres Urban/Suburban Lawn Landscaping 0 acres 0 acres Wooded Forest 0 acres 0 acres Impervious Surface 0 acres 0 acres Brush/Grassland 0 acres 0 acres Wet detention pond 0.74 acres 2.15 acres 3.83 acres 3.83 acres Cropland 0 acres 0 acres 11. Fish, Wildlife, and Ecologically Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. 1. Smith Katrina Wet Detention Pond: There are no fish resources on-site. The site currently provides habitat for a variety of wetland wildlife, The expansion of the wet detention pond from 0.18 acres to 0.59 acres will enhance the diversity of the 104 acre type 3 wetland by providing deep water habitat. 2. Painter Marsh Wet Detention Pond: There are no fish resources on-site. The site currently provides habitat for a variety of wetland wildlife. The expansion of the w et detention pond from 0.74 acres to 2.15 acres will enhance the diversity of the 354 acre type 3 w etland by providing deep water habitat. Are there any state-listed endangered, threatened, or special-concern species: rare plant communities; colonial waterbird nesting colonies: native prairie or other rare habitat; or other sensitive ecological resources on or near the site? [] Yes [ ] No. If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. N \0l85'.O4*22'Wof^Fiifiief EAW.AES-tjv Page 5 of 14 6/26/96 I 1. 5^outh Katrina Wet Detention Pond: IS Yes 12. The Minnesota Natural Heritage database was reviewed by the DNR to determine if any rare plant or animal species or other significant natural features are known to occur near the above referenced project. Several rare features in the v icinity of the project were identified, but none were located in the section containing the project site. Ellen B. Heneghan, Endangered Species Environmental Review Coodinator (DNR), concluded '‘Because of the magnitude of the proposed project and the locations of these rare features, it is not anticipated that there will be any effect on these features by the project.” The location and type of rare features identified by the search are listed below. Location ^Township. Range. 1/4 1/4 Section^ 118, 23.NWNE 19 118,23,SWSE 19 118, 23,SWSE 19 118, 23,NWNE 29 118, 23, SW SE31 118, 23,SENW35 Element and Occurrence Number Maple-Basswood Forest (Bigwoods) #8 Maple-Basswood Forest (Bigwoods) #110 Pana.\ Quinquefolium (American Ginseng) #192 Colonial Waterbird Nesting Site (Great Blue Heron Nesting on Katrina Lake) #810 Maple-Basswood Forest (Bigwoods) #15 Maple-Basswood Forest (Bigw'oods) #122 2. Painter Marsh Wet Detention Pond : S No The Minnesota Department of Natural Resources, Minnesota Natural Heritage database was reviewed to determine if any rare plant or animal species or other significant natural features are known to occur near the above referenced project. No rare features were identified in the vicinity' of the above referenced project. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration (dredging, filling, stream diversion, outfall structure, diking, impoundment) of any surface water (lake, pond, wetland, stream, drainage ditch)? [] Yes [ ] No. If yes, identify the water resource to be affected and describe: the alteration, including the construction process: volumes of dredged or fill material: area affected: length of stream diversion: water surface area affected: timing and extent offluctuations in water surface elevations: spoils disposal sites: and proposed mitigation measures to minimize impacts. South Katrina Wet Detention Pend: lEl Yes The project involves e.xcavation within DNR protected wetland 918W for the purpose of removing sediment from an existing wet detention pond and for enlarging and deepening the existing pond to enhance water quality' treatment. The wet detention pond will be expanded from 0.18 acres to 0.59 acres. The outlet structure w ill also be modified to prevent blockages. The project does not restrict flow or change water levels from the original design for the 1985 Upper Watershed Improvement Project. The ponds w ill be excavated with backhoes or drag lines within a project easement area of 1.26 acres. A total of 5,500 cubic yards of soil will be excavated and trucked off-site across a City of Orono easement to Creekwood Trail and then on Town Line Road to an upland disposal site to be detennined later. b. Painter Marsh Wet Detention Pond : S Yes The project involves e.xcavation within DNR protected wetland 923W’ for the purpose of removing sediment from an existing wet detention pond and for enlarging and deepening the existing pond to enhance water quality treatment. The wet detention pond w ill be expanded from 0.74 acres to 2.15 acres. N lIS'S^-UTiWord'f nmef EAW.AES-lj»Page 6 of 14 6/26/96 b. c. 14. Tlie outlet structure has been redesigned and will be reconstructed to prevent blockages. The project does not restrict flow or change water levels from the original design for the 1985 Upper Watershed Improvement Project. The ponds will be excavated with backhoes or drag lines within a project easement area of 3.83 acres. A total of 27,000 cubic yards of soil will be excavated and trucked off-site across an existing MCWD access easement to County Road 26 and then to an upland disposal site to be determined later. 13. Water Use Will the project involve the installation or abandonment of any wells? [ ] Yes [X J No. For abandoned wells give the location and Unique well number. For new wells, or other previously unpermitted wells, give the location and purpose of the wells and the Unique well number (if known). Will the project require an appropriation of ground water or surface water (including dewatering)? [ ] Yes [ ] No. If yes. indicate the source, quantity, duration, purpose of the appropriation and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. 1. South Katrina Wet Detention Pond : H Yes No dewatering of groundwater is planned during construction as the excavation is anticipated to occur between December - February. However, temporary dewatering of groundwater from the excavation may be required If dewatering is required it would occur during pond construction which is anticipated to last approximately one month. Temporary d; .vatering would have minimal impacts on groundwater levels. 2. Painter Marsh Wet Detention Pond : S Yes No dewatering of groundwater is planned during construction as the excavation is anticipated to occur berween December - February. However, temporary dewatering of groundwater from the excavation may be required. If dewatering is required it would occur during pond construction which is anticipated to last approximately ^vo months. Temporary' dewatering would have minimal impacts on groundwater levels. Will the project require connection to a public water supply? [] Yes [XJ No. If yes, identify the supply, the DNR water appropriation permit number of the supply, and the quantity to be used. Water-related Land Management Districts Does any part of the project site involve a shoreland zoning district, a delineated 1 00-year flood plain, or a state or federally designated wild or scenic river land use district? If yes. identify the district and discuss the compatibility of the project with the land use restrictions of the district. a. Smith Katrina Wet Detention Pond: A majority of the project area is regulated under the Shoreland Management Act. Statewide DNR shoreland standards apply to an area within 300 feet of the protected waters (Painter Creek) running through the site. The project is compatible with the land use restrictions as the restrictions apply to lot N V01l5\04-227\Wofd\?aimef EAW-AES-ljv Page 7 of 14 6/26/96 1 i and s&TJCture development and no development is proposed. The project is almost entirely within the 100-year flood plain identified on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate maps. The project involves excavation and will therefore in no way reduce floodplain storage. Maintenance and modification of the existing outlet structure will allow the project to temporarily store flood waters within the South Katrina wetland as originally designed. Painter Marsh Wet Detention Pond: A majority of the project area is regulated under the Shoreland Management Act. Statewide DNR shoreland standards apply to an area within 300 feet of the protected waters (Painter Creek) running through the site. The project is compatible with the land use lestrictions as the restrictions apply to lot and structure development and no development is proposed. The project is almost entirely within the 100-year flood plain identified on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate maps. The project involves e.xcavation and will therefore in no way reduce floodplain storage. Maintenance and modification of the existing outlet structure will allow the project to temporarily store flood waters w ithin the Painter Marsh wetland as originally designed. 15. Water Surface Use Will the project change the number or type of watercraft on any water body? [] Yes [X] No. If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. 16. Soils Approximate depth (in feet) to: Groundwater: minimum average Bedrock: minimum average.Describe the soils on the site, giving SCS classifications, if known. (SCS interpretations and soil boring logs need UQl be attached.) a. South Katrina Wet Detention Pond: Oft.0 ft.30Q ft.350 ft. Soils at the site are predominantly Glencoe silty clay loam (Gc) and Peaty muck over .loam (Pm), b. Painter Marsh Wet Detention Pond: 0 ft.Oft.300 ft.■350 ft. Soils at the site are predominantly Glencoe silty clay loam (Gc) and Marsh (Ma). 17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres;.cubic yards. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during nnd after construction of the project. N VJII5 ’«*-::7\Wof(fJ'»cnief EAVi -AtS.ljv Page 8 of 14 6/26/96 i a. b. South Katrina Wet Detention Pond: Approximately 0.8 acres will be graded with approximately 5,500 cubic yards of soil excavated and removed from the site for pond construction. Glencoe silty clay loam and Peaty muck over loam soils are present at the site and the site grades are nearly flat. The ha2ard of erosion for these soils is slight. Grading and e.xcavation will be done during the winter months to prevent erosion problems associated with the flowing creek. Temporary erosion control measures such as silt fence, hay bales and rock construction entrance will be used where applicable. Soils will be restabilized with seed and mulch. b. Painter Marsh Wet Detention Pond: Approximately 2.6 acres w ill be graded with approximately 27,000 cubic yards of soil excavated and removed from the site for pond construction. Glencoe silty clay loam Marsh soils are present at the site and the site grades are nearly flat. The hazard of erosion for these soils is slight. Grading and excavation will be done during the w inter months to prevent erosion problems associated with the flowing creek. Temporary erosion control measures such as silt fence, hay bales and rock construction entrance will be used wrherc applicable. Soils will be resiabilized with seed and mulch. 18. Water Quality - Surface Water Runoff Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. 1. South Katrina Wet Detention Pond: The project will not change the quantity of site runoff. The quality of runoff discharged from the site will be improved due to enlargement and deepening of the existing pond. 2. Painter Marsh Wet Detention Pond: The project will not change the quantity of site runoff. The quality of runoff discharged from the site will be improved due to enlargement and deepening of the existing pond.; Identify the route(s) and receiving water bodies for runofffrom the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may affect a lake consult "EA W Guidelines " about whether a nutrient budget analysis is needed). 1. South Katrina Wet Detention Pond: The receiving body for the site runoff is Painter Creek which runs through the existing pond. The quality of runoff discharged from the site will be improved due to enlargement and deepending of the exising pond. Painter Marsh Wet Detention Pond: The receiving body for the site runoff is Painter Creek which runs through the existing pond. The quality of runoff discharged from the site w ill be improved due to enlargement and deepending of the exising pond. N ^ll5 i)4.227\Wefd‘>P*int«f EAW-AES-IJv Page 9 of 14 6/26/96 19. Water Quality - Wastewaters a. Describe sources, quantities, and composition (except for normal domestic sewage) of all sanitary and industrial wastewaters produced or treated at the site. b. c. b. b. Not applicable Describe any waste treatment methods to be used and ghe estimates of composition after treatment, or if the project involves on-site treatment systems, discuss the suitability of the site conditions for such systems. Identify receiving waters (including ground water) and estimate the impact of the discharge on the quality of the receiving waters. {If the discharge may affect a lake consult "EAW Guidelines" about whether nutrient budget analysis is needed.) Not applicable If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. Not applicable 20. Ground Water - Potential for Contamiaation a. Approximate depth (in feet) to groundwater: Q ft. minimum; QJ;. average. Describe any of the following site hazards to groundwater and also identify them on the site map: sinkholes: shallow limestone format ions/karst conditions: soils with high infiltration rates: abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. Not applicable c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating groundwater. Not applicable 21. Solid Wastes; Hazardous Wastes; Storage Tanks Describe the types, amounts, and compositions of solid or hazardous wastes to be generated, including animal manures, sludges and ashes. Identify the method and location of disposal. For projects generating municipal solid waste indicate if there will be a source separation plan; list type(s) and how the project will be modified to allow recycling. No solid or hazardous wastes w ill be generated by the project. Sediment will accumulate in the ponds and periodic removal and disposal of sediment off-site will be required. Indicate the number, location, size and use of any above or belowground tanks to be used for storage of petroleum products or other materials (except water). Not applicable N:N01l5\04.227\Woftf Painter.EAW-AES-ljv Page 10 of 14 6/26/96 r 22. 23. 24. 25. Traffic Parking spaces added___: Existing spaces (if project involves expansion)___; Estimated Total Average Daily Traffic (ADT) generated ___,• Estimated maximum peak hour traffic generated (if known) and its timing ___. For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. Not applicable Vehicle-related air emissions Provide an estimate of the effect of the project’s traffic generation on air quality, including carbon monoxide levels. Discuss the effect oft, affic improvements or mitigation measures on air quality impacts. (If the project involves 500 or more parking spaces, consult "EAW Guidelines" about whether a detailed air quality analysis is needed.) Not applicable Stationary source air emissions fVill the project involve any stationary sources of air emissions (such as boilers or exhaust stacks)? [ ] Yes [X] No If yes. describe the sources, quantities, and composition of the emissions: the proposed air pollution control devices: the quantities and composition of the emissions after treatment: and the effects on air quality. Will the project generate dust, odors, or noise dur-ng construction and/or operation? If yes. describe the sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. a. South Katrina Wet Detention Pond : E] Yes The project involves excavation and transportation off-site of approximately 5,500 cubic yards of soil. There may be some dust generated during construction by the above activity, however, project excavation is planned during the Liter months when the surface soils are bound together with frost. In addition, nearly all the soils to be excavated will be moist or saturated with groundwater. Therefore, dust is not e.xpected to be a significant problem. Typical construction noise from heavy equipment and trucks is expected during construction of the project. There are six single-family residential homes south and west of the project site. The closest home is approximately 100 feet from the construction easement. The project is not expected to be unusually noisy, however, construction may be on-going for approximately one month with site restoration activity occurring the following spring. Similar impacts, associated with operation and maintenance (sediment removal) will occur approximately every 5-10 years. b. Painter Marsh Wet Detention Pond : H Yes The project involves excavation and transportation off-site of approximately 27,000 cubic yards of soil. Tliere may be some dust generated during construction by the above activity, however, project excavation is planned during the winter months when the surface soils are bound together with frost. In addition, nearly all the soils to be excavated will be moist or saturated with groundwater. Therefore, dust is not expected to be a significant problem. Typical construction noise from heavy equipment and trucks is expected during construction of the project. There are nvo single-family residential homes south and west of the project site. The closest home is approximately 200 feet from the construction easement. The Page 11 of 14N VOI 85\W-227\Wof<fPamuf EAW-AES-ljv 6/26/96 project is not expected to be unusually noisy, however, construction may be on-going for approximately two months with site restoration activity occurring the following spring. Similar impacts, associated with operation and maintenance (sediment removal) will occur approximately every 5-10 years. 26. Are any of the following resources on or in -proximity to the site: No a. archeological, historical or architectural resources? b. prime or unique farmlands? c. designated parks, recreation areas, or trails? d. scenic views and vistas? e. other unique resources? X If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimice or avoid adverse impacts. a. archeological, historical or architectural resources? scenic views and vistas? 1. South Katrina Wet Detention Pond: The Minnesota Historical Society State Historic Preservation Office performed a search for the area of the project. Four sites were identified in the vicinity of the project. However only one of the sites was determined to be in the same Quarter section as. the project site. The four sites are listed below; Site Name Katrina Island Townline Road Painter Creek Mounds Katrina Lake Overlook Ty pe of Resource Prehistoric Site Prehistoric Site Cemetary Prehistoric & Historic The preliminary search determined that the Painter Creek Mounds are in the vicinity of the South Katrina project. Confirmation of no impact will be obtained from the Minnesota Historical Society prior to project implementation. 2. Painter Marsh Wet Detention Pond: The Minnesota Historical Society State Historic Preservation Office performed a search for the area of the project. No listed resources were identified in the vicinity of the project. 27. Will the project create adverse visual impacts? (Examples include: glare from intense lights; lights visible in wilderness areas; and large visible plumes from cooling towers or exhaust stacks.) [ ] Yes [X] No. If yes. explain. 28. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use. water or resource management plan of an local, regional, state, or federal agency? [X] Yes [] No If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no, explain. Page 12 of 14 6/26/96N VO 115\a4-227\Wor<fPainter EAV^'-AES-ljv \ 1 A1 29. b. c. d. 32. Minnehaha Creek Watershed District (^tC^VT)^ Water Resources Management Plan The Painter Creek Project is one of the capital improv ement projects summarized in the May 1996 Water Resources Management Plan. The entire project site is within an existing MCWTD easement. Impact on Infrastructure and Public Services IT/// new or expanded utiliiies. roads, other infrastructure, or public services be required to serve the project? [ ] Y'es [X] No. If yes, describe the new or additional infrastructure/services needed. (Any infrastructure that is a "connectedaction" with respect to the project must be assessed in the EAW; see "E.iW Guidelines" for details.) 30. Related Developments; Cnmulative Impacts Are future stages of this development planned or likely? [ ] Yes [X] No If yes. briefly describe future stages, their timing, and plans for environmental review. Is this project a subsequent stage of an earlier project? [X] Yes [ ] No If yes, briefly describe th? past development, its timing, and any past environmental review. The Painter Creek project includes both maintenance and expansion of two parts of an earlier MCWTD project completed in 1985 (Painter Creek Upper Watershed Improvement project). The proposed project consists of pond maintenance and expansion within existing ponding easements obtained for construction of the original project in 1985. Approval for the Painter Creek Upper Watershed Improvement project was obtained from the Department of Naniral Resources (DNR). Is other development anticipated on adjacent lands or outlois ? [] Yes [X] No If a, b, or c were marked Yes, discuss any cumulative environmental impacts resulting from this project and the other development. The expansion of the original project will result in improved water quality treatment within the South Katrina and Painter Marsh ponds. The project will convert additional type 3 wetland into deep water habitat. 31. Other Potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. No other potential environmental impacts have been identified at this time. Summary of Issues (This section need not be completed if the EA W is being done for EIS scoping: instead, address relevant issues in the draft Scoping Decision document which must accompany the EAW.) List any impacts and issues identified above that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that may have been or may be consideredfor these impacts and issues, including those that have been or may be ordered as permit conditions. Confirmation of no impact will be obtained from the Minnesota Historical Society prior to project implementation. N N01S5V)4.227\Word'P»inicf EAW-AES-ljv Page 13 of 14 6/26/96 1 i Certifications by the RGU (all 3 certifications must be signedfor EQB (acceptance of the EA Wfor publication of notice in the EQB Monitor A. I hereby certify that the mfonnati B. Signature lLm f ined in this document is accurate to the best of my knowledge. I hereby certify that the project described in this EAW is the complete project and there are no other projects, project stages or project components, other than those described in this document, w hich are related to the project as "connected-actions", or "phased actions," as defined, respectively, at Minn. Rules, pts. 4410.0200r$ubp. 9b and subb. 60. Signature r C. 1 hereby certify that copies of the distribution listry Signature (JLuS. eted EAW are being sent to all points on the official EQB E.-\W Title of signer Project Engineer Date.X.// N \0IIS\O«.Z:'nWo(il\Painicr EAW-AES-ljv Page 14 of 14 6/26/96 h k ■“V UPLM owe OATl 8-27-96 XBw MINNEHAHA CREEK WATERSHED DISTRICT Generol Location Mop I^^Wenck Wtfoek AatoclaUt. Ine. tSOO PiofiMr Cftk C«nlt< P.O. BOX 428 tnv1ronrn«nUI Cri4ln«crf Mop<« Pto*«. MN SSIS8-0428 ______ JUNE 1996 Figure 1 . p'' •• iSrJ- H >< Ste'ua'sssrs'aa's^ MIttMi I I >.*»**1 •» I s *•. !r^ f® ! BF ■-r II SbrjMnnM SCF* EBPm. \ I 'SSfTfiTJBFjaa^jtarvu I*™? 1 I JgN!eMff«Nr g — . - i '• 4 j ^ V* IfW-'V.^*^■S■^ft’■’-:•,'r : • 1 ;•••'. P®^i®l3i;:f''"^^‘’. -I ^'. W..''^^'4!^•.M i*:'-'■■■^■••■•■--■•• •' '•■■ V- V 1^-.'i --------------------------------------------------------------------------------------------------■ ■■■■ 1 - V ♦%r;f ^' ' • . ..J »7'.,:, ' 21 (V ‘fi'.' •'«V I r > < ,, V,V <\Y\>\r^7y '’.t. <^5.;: ‘.< * •*n ,.00R ORIGIN*' ' ^dj0 noKi/nss City of ORONO mmm, RESOLUTION OF THE CITY COUNCIL NO. 1517 i NCWi 1^' Vf, A RESOLUTION SUPPORTING THE PETITION OF THE LAKE MINNETONKA CONSERVATION DISTRICT SUBMITTED TO THE BOARD OF MANAGERS IN JULY, 1975 TO CONSTRUCT AN UPPER WATERSHED STORAGE AND RETENTION PROJECT/CP-5 PAINTER CREEK WHEREAS, the City of Orono has always been concerned with excessive flooding and deteriorating water quality in the Painters Creek subwatershed including Lake Katrina and South Katrina areas; and WHEREAS, the Orono City Council has, since July, 1975, discussed at great lengths the proposed pir ject as a result of the Lake Minnetonka Conservation District petition to the Minnehaha Creek Watershed District and is in full support of the proposed project; and WHEREAS, the governing board of the Lake Minnetonka Conservation District has submitted to the Board of Managers of the Minnehaha Creek Watershed District a petition requesting the construction of structures to enhance the retention and storage of storm water runoff in existing retention areas in the Painters Creek subwatershed of the upper drainage basin of Lake Minnetonka; and WHEREAS, the proposed project is consistent with the Minnehaha Creek Watershed District and the City of Orono's basic water management plan; and WHEREAS, the proposed upper watershed storage and retention project within the Painter Creek subwatershed will improve the water quality and provide flood control in the watershed area and Lake Minnetonka and other water bodies in the proposed watershed area; and WHEREAS, the petitioner proposes that the cost of the project be assessed against all taxable properties within the Minnehaha Creek Watershed District by the levy of a tax not to exceed one-third mill annually; and WHEREAS, the estimated cost of the improvement including engineering and administration costs will not exceed $444,120 in 1984 dollars. 1 City of OROINO £ RESOLUTION OF THE CITY COUNCIL NO. 1517________ ^ORONO NOW, THEREFORE, BE IT RESOLVED that the City of Orono supports the const ruction of an upper watershed storage and retention project/CP-5 Painter Creek. BE IT FURTHER RESOLVED that the Board of Managers of the Minnehaha Creek Watershed District approve the construction of the upper watershed and retention project/CP-5, Painter Creek, as referred to in the notice of public hearing dated July 27, 1983 estimated cost and proposed method of financing not to exceed $444,120 in 1984 dollars, to be assessed against all taxable properties within the Minnehaha Creek Watershed District by the levy of a tax not to exceed one-third mill annually. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held August 22, 1983. Attest; Alberta M. Strom, City Clerk \ ei2-2t!ii'-2374 ms SHPO eS9 P02 Jl-N 26 '96 15:49 MUmiSOTA STATE SITE FCSM rev. 8/89 (ep 5.1: slte.frsl XX NEW UPDATE COUNTY: Hennepin SITE NAME: Painter Creek Mounds USOS QUAD: ("•••» date) Hound Quadrenglc, FIELD #: 94-5-28 *1 Q C 0 7 \ SITE #: IT 1 IB 11 21 WC/^ H.A A Nk a LOCATION SBCTIOH: 30 lOWSBlF: 118S lAMCE: 23U tW? HAHE: Orono QUAKTUL-SECTIONS: NE 1/4. SV 1/4. SW 1/4 & SE 1/4, NW 1/4, Stf 1/4 TVf KMCB:SECTION: QUAETEE’SECTIONS: TOVNSmr:BAMGE 4nt>TT TftMAT. LOCATION: Fainter Creek Hounds ere located approxi»ately 2500 feet aouth o£ the T.H. 12 end Tevn Line Hoad Intersactlon. Tha cant«r of tho »tt« Is about 1000 feet east of Tovn Line Roed at this distance. OTM COORDINATES: (eentral polrtt !• aeeeptabla for are* 1*** th*i* 10 *<re« Jn elia) Z 15 E 445440 H 49S2540 2 15 E B Z 15 E N Z 15 E N BEST ACCESS TO SITE: Fron Maple Plain, approxlaately .6 miles east on T.H. 12. south on Town I-lna Road for approxlaataly .5 alUs. the site is located on tha east (left) side of Che road. 0¥N2E: (nsa., eddre*., phone) Christopher Tlllotson, 6417 Aspen Road. Edlne MN 55436. (&12) 938-1031 6 unkno%m owner directly north of Tlllotson property. TENANT: *ny) Nona SOURCE Of OWNERSHIP INFORHATION: Mn/DOT (1994) property maps and proposed construction plans for Hennepin County TOFOCRAPHIC SETTING: The sir* Is located on nearly level uplands adjacent to the old Katrina Lake basin.ELEVATION: 965 feet a.S.l. Creek> Mississippi River. Painter Creek is locace ELEVATION: 955 feet a.s.l. T.wn ncp *. VRflRTATlON- Prior to European settlement, the local vegetat^nDNR. 19..,. Th. current lend uae includes a fallow pasture and wooded lot. mSlOGMIHIC FKO7IWE/OE0H0ILPHIC 197J)/Un.tol.- Lerdal Till Region (Ag. Rapar. Sea. 1974. Twin Cities J SOILS; o6*.r»*Tlon. ar. It tSc''detelop^d In g^laclal • <« ■5 « \ CO O 3'1 Zt'ZtSlt'ZJS 0T:9T 966T./ST/TT 6it-2e2-2374 rns shpo 339 PB3 JLN 2G *96 15:49 HimSOlA. STATC SITE FlU rUU »: 94.S-28 Sits #: 21 HE/ifVp* 2 TIIUtfOEE UVEL OF XMFESTlGiLTIOE: infotfesut report eutbsnricaclon XX records review JB survey eveluaelon/lntensive testing; field verifleeCion excavecioTi/daCs recovery methods: surface reconrulisserce visibility surfeee conditions: pasture and vooded let, trensecc Interval(s); random poor XX fair moderate good •hovel tests: hue*' or of positive tests trs»S«cc/grld IntervAl(s): screen mesh slae: 1/8* test dimensions; »er of negative testa 1/2" other: provenience levela: •xcavstion units; nuaber excavated screen mesh slse: 1/8" provenience levels: 1/4' dlAenaions 1/2 other soil probes: number of cores taken transecc/grid interval(a): core diameter ADDITIOHAL DISCRimON/OIHER TECaMIQUES: Please see the attached Painter Creak Mounds Site map. SITE DESCEIPTZOM AtCHAEOtXKSICiO. CONTEST! (.«•<:« *11 »tt Mw" to woly) ja «Uinc<,) subsurface artifact deposit _ _ petroglyph/piccogreph OTSEVADSmOHM. BESeWmON! There JPP«« “ between 1 and 1.5 feet. ESTIMATED SITE DIMEHSIOKS: Approximately 183 meters N/S and 92 meceto E/W. ._ A«rimacad from: aurface arelface dlsertbution ISre^eiTrlliSr _ to;::Sweeru,el Ketur.e EE euICur.T Teerure. historical dooumantaclon ----- other. estimate of site FUNCTIOH: _ seasonal activity __ mlning/qoorrytns not determined iMnuf ac curing _ eommercial _ habitation _ sacred place __ ^oveminental XX human burial transpotcaeloo ^ military OTBER/ADDITIONAl. XHFOEMATIONj SO as-t'd • C't Ct.3r6£t3T9 0T:ST 966T/ST/TT 612-2Si-i3^4 S^FO ?3S P04 JLN 26 '^6 13:4-? WTtPieSOTA STATE SilE FILE FleU •: 94-S-2S Slt« •: 21 KeW p. 3 AECVAEOLOGICAL TSADITI0S/PttI0®C5): „ Prehistoric » Archaic Early Prehistoric _JEL Woodland _ _Middle Prehistoric _ _ _ Early Woodland ute Frehlstorl** _ _Middle Woodland faleoindian _ _ Lace Woodland Qoc decemined; Initial Woodland _ _Terminal Woodland Onaota/Hlsslssipplan _ _ Middle Hisaouri/flalns Vlllafa _ _ Historic CDLTOIAL 4FFlLIdII0¥CS): (efl., •slscMuet.*) Mot determined BTBXIC AFFILIATXOK(S):not determined EuroAverlcen Dakota O J lb 1* Native American (tribal affiliation undatarmined) ESTIMATEO ACE/ldSIS POE ESTIMATE: Tho estimated age of the site la between 3000 B.P. and 255 B.P. baaed on suapected prasance of mounds. ESTIMATE or EESEAICH POTESTIAL: Not determined AWIFACTS EECOVERED: types/quantltm; attach eceeeeien li.t) None jfruujirp rnwnTTTftll DP SITE: (laantlty specific sourcte of SlaturSeoce, If •">) __ l” frcUUy vltMn a fallow pa.curo ««l prl«rlly wloMn. vhac appaar. to bt. an undlaturtai MUtUotl lfif.ra.Uon or comm M on contlnootlon popor) docomentatiom i pamCIFAl. INPESTICATOR: David Mather FIBLP DIIIECIOR/CILEW: LaRoy Gonsolr. Thor Olmanson. Us Petersonp & Kant Shear IS$TItinieiUl./*eEIieVMSimSS tf»IUATIOH: Mlnn.oota Hl.corlcal SooUty (IHCM) - ________ Tu^t0tt or iHVEStlcaTIOK: Archa.ologUal n^„«rucclon of T.H. 12. Inolutlln* «v.tal alttmaw.- PIOJECI THC»P. ItiDOI S.P.P 2713 S >402, T.H. 12 dates of PIELDWOEX: December 1 & 9. 1994 PMPIODS PUBLISHED EEFEEEBCES TO SITE: None known PREVIOUS Brower* ___Slford 'Tl CLD surveyArysS compos ices 0TM«A®**^LETE CXtATIOS: Hone known ro 3?'“d OOl-i .:t’.:re..:r-:T3 oi:^t 966T/£T.'t^ r*i£ SHPo S39 PCS JUK 26 :«tS3 MINMESOXA STATE SITE FIU Field •: 94-S-28 ilte •: 21 p. 4 COMWT PEOJECT/EESEARCH lEFOET CITATION: (January 1995) Mather, DAVld «c al. Fhaaa I C\^lTural Rtsemzc^a Eaconnalaaance Survey Report; Hn/DOT S.P. 2713 d Alramaee ConacruccXen Corridors for MeconrCruccicn of T.M. 12 From Vsysmia CO Hoacrose. Ifsnncpin & ffrishc Counelos. Trunk Highway Cultural Resources Program, Minnesota Historical Society. Submitted to the Klnneaota Departmanc of Transportation, Sc. Paul. REPOSITORIES artifacts: None field notaa/phocoa: MHS (THCRP flla.e) ACCESSION a(S): None PUOTO oCS): 94.******** EVtachroma 94.**e*eee* tMftX UCENSE/PHOCXT numbers : (as applicable) State license #: 94-10 ARPA permit #/lasulng agency: Other parait/concracc #/lasuing agency: MnDOT Agraament 071453, Uork Order #14 fslSl nSS»fl(^deotn TOP #ac» atretue, describe eoll, end Isdleate *»««e c«Xtwrel oepoett reletee to etrotifrephys •ttach*oadf?iooef eaeete i* r**«arcf» identified eoro than ono dietlnct oroflle.) natural strata cultural strata INPORKAMTS: (naee, addreee, p»one) Nona known PRIVATE COLLECTIONS: (naae, add'ess, phone) None known SO 3'-:‘“d oa •3t'CP6ZP.3T9 0T:ST 966T/ST/IT bl'<f-232-237a PHS SHPO t PC'S JlW 26 *96 15:52 MIlillESOtA stats sits PXU fUld •: 9&-9*2S Slt» •; 21 HK/>Vp. 5 ▲TTACimilTS EIQUXSM at TXW of SUBMITTAI. TO THl STATE ASCHABOLOClSXS OFFICE: 1.) OEICINAL FOIH AKD THE FOLLOSIKfi AHACttlE»T$: cop7 Of quad ®ap lacticm with «lt« «raa ouillnad In »«d tketcli/photocopj of dlAgAostie axclfacc* Urf«-»e*lo (ag.. 1** - 30B/100') iUa mrmm nap 2.) 0«1 ADOITIOHAL COFI OF COMFIXTID SITE FORM AMD AITACIIMEIIIS Attacbad Attaohad Accaebad 3.) TVO AfiOITIONAl COflES OF QUAD MAP SECTIOM WITH SITE AREA OCTLIWBD XW MD Fr<rrida ACCESSION LIST and COPY OP PSOJECT/RESEAMCH REPOST If curr.ntly a^atlabla; o*ha«ls* aubait vhan ceaplated. SDIMITTED BT: Stacy Allan date SUBKITTEO: January 1995 IMSTITUTION/AGENCT/COMPANT: Mlnnasoca Historical Society (THCRP) A5DBES8/PH0NE: Fort Snelling^History Center. St. Paul. KW 53111; For SAO Use Only Data Bacordad (SAO)B.aeord«d By oa-i OT :cT ocf’ - - 612;-Se2-2T74 SHTO 6“9 P0T JUN •% 15:K5 MinilS0t4 STATE SITE FILE rUld #: 94'^>28 Slt« •: 21 HE/^ p. S (Co»pl*t* tif# Mt Aiding eo«?ll«(»c*-®ri#nt«d BCtiviti**) EEFIIVEO IMDEa: XX SECTION 10§, NATIOEUa. HISTORIC FUSEETATZOV ACT E«rpAnslble «g*ncy(»): Federal Highwey Adalnlscratlon/Wlnnesota DeparcaenC of Transportation Report subaitted to SHPO (date): 1994 • TMCRP Deccnber Honthly Report and Final Project Report SHFC Ref. *»: Not yet assigned '0 recoBiscndatlon: This posslbla aound group, the Fainter Crock. Mounds sice, is located within the potentially affected project area of both altomata g and alternate K north, for the proposed reconstruction of T.H. 12. It U therefore recoaasended that authentication of the suspected mounds be conducted by the Office Of the State Archaeologist and the Minnesota Indian Affairs Council at the discretion of chose egencles. SHPO detenslnstlon (dete):no effect no adverse affect conditional no adverse effect further Informacion/avaluation needed other: NRHP status:XX uncvaluatcd determined eligible evaluated (date): deteraincd ineligible subaitted (date):listed (date); Coaprehensive Flan Context: ^9 lut In sanual for context titles and detinitlone) AIRFA Coordination Initiated (date): ■ with. ^ MN 8TATDTES, CHAP. 138; SOBD. 138.31 • .42 R..p.n.lbl. .*.MyW/*<.ven«ient unit: Mlnnt.ota Bepurtnant ot Ir.n.port.tlon information forvarded to (date):«HS:MIAC: MN STATUTES, CHAF. 307.08 Responsible agency(s)/govemaencal unit (If any); coordination initiated: (to be coepiefo b, sao) MIAC RGU OTHER: (provide r.rerence wd e..crlbe ooordln.tlon) ,0 ■Ot Q'l 3r:rf.:r.:.r:i 0i:si 96eT/>:T/TT 1 ei2-2£5-2374 5HT0 C39 Poe JUN 2i '94 15:51 S.P. 2713 & ••02 painter creek mounds Sei/4.NW1/4.iW1/4 «ectlon 30 TII^N R2«W “ 0 ^00 Hcnntpi^^ County 200 A-' i' :i>f' ~'it>) /vtv.4' c^htk ■iv 3*:'“d ;.0 Gi'i ^3^6^r3T9 0T:ST 966T/ST/TT tzi pj(n (P XP•a VD €0 00 fl-H—\ I cn 0 01 Mn> 3: H- (D (0 D* rt ifl M- O < P« S'. 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Mabusth, Building &, Zoning Administrator November 12,1996 SUBJECT: #2194 David Alan Sutherland, 1365 Arbor Street - Variances - Public Hearing Zioning District: RR>IB, 2 acre minimum lot size Lot area * 7,000 s.f. (property is served uith sewer). Appikatioii: Applicant seeks approval of the side and rear setback variances to permit construction of a partial upper level second story/second story over the existing structure. The existing residence structure is located 3' from the existing single stall garage. The following ordinances are pertinent for this review: 1.Section 10.03, Subd. 12 - Separation setback from structures. Required * 10' Existing = 3' Variance = T Proposed = 3’ Variance = 7. 2. 3. 4. Section 10.03, Subd. 14(C) - Review' of structural coverage. Total area = 7,000 s.f. Allowed = 1,500 s.f Existing = 1,100 s.f Proposed = 1,100 s.f No variance required. Section 10.22, Subd. 2 - Review of hardcover. 500-1,000' setback area = 7,000 s.f Allowed = 2,450 s.f or 35% Existing = 1.978 s.f or 28.26% Proposed = 1,978 s.f or 28.25% No variance required. Section 10.28, Subd. 5(B) - Rear and side setback varla. ces. A. Rear setback Required = 50’ Existing and proposed = 29’ Variance = 21' or 42%. Zoning File #2194 November 12,1996 Page 2 B.Side setback Required = 30’ Existing and proposed = 18’ Variance = 12' or 40®-'©. List of Exhibits A - Application B - Plat Map C • Property 0\Miers List D - Surv ey E - Hardcover Facts F - Site Plan Gl-2 - First Floor Plan and Partial Second Floor Plan H - South or Side Elevaoon I - West or Rear Elevation Description of Request Applicant seeks approval of a side and rear setback variances for construction of a second level above the rear section of residence located within substandard side and rear yards. Intensification of the structure w ithin the required yard areas require variance approvals. The existing single stall garage and residence structure are divided by a 3’ setback. The current code requires a 10’ setback as applicant is intensifying portions of the structure within the substandard separation setback. This too requires variance approval. Review Exhibit 1, the 2’+ overhang will be higher than garage roof but may still require special fire wall construction. Review Exhibit A, applicant notes the proposed improvement is the first phase of construction of a complete second story estimated to be completed some time in four years. The second story above the remaining portion of the house will require a side and street setback variance at the time applicant is ready to proceed with the improvement. Review of Hardships 1. Subject property consists of 7,000 s.f. and is subject to 2 acre zoning standards, 2 Proposed improvement will not result in further extensions into the substandard yard areas. 3. Lot to rear of property is vacant, 4. Property is served with sewer. [ Zoning File #2194 November 12,1996 Page 3 5.Review Exhibit B, the area and width of the lot is consistent with developed lots to immediate south and southeast of the property. 6. Property is located immediately west of tlie City's Old Crystal Bay Road park. 7.The City has received no negative comments from property owners notified of the proposed improvements requiring variances. Issues for Considenrtion 1.Applicant should be advised if members see any problem with the proposed improvement scheduled in four years. 2, Will iq^licant be able to save mature evergreens to east and south of proposed construction? 3. Other issues raised by the Planning Commission. Options of Action To either approve as proposed or amended. .i ! Application # Date Received lli ±L' ''r - Amount Paid • c- c CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 (S50.00 per each additional variance) Renewal Variance Fee SI20.00 f f (no change from original application) ^ Variance for non-conforming structures S220.Ji^r » After-the-Fact Fees (Double application fee) ^«Cas^ ujt; “saud'j PROPERTY INFORMATION S ite Address / 3 hS Cl i~ i^Cr >______________________, ^ '±L Property Identification Number (P.I.D.) / O-'/ / 7 ^ cr^3 3/ OCSv' Attach legal description to application if not included on required survey. Date Propert)^ Acquired *7^73-- 9 __________________________(month'year) I (do) (do not) also own the adjacent parcels of land. Present use of propert>” residential ___ether (specify) Zoning District:_____________________________________ Phone (home) Mr"? 3" _________________________________ Plione (work ) <^7^-170/ Address: / HA" fir her P>:a. fic I City: /d/rf-j Zip:_S^O:i3, Namevl3f^Pl<di r/rVnc( OWNER (if different than applicant) Name _____________ Phone (home). Phone (work)_ Address:City:Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost S Describe request in detail: ^ ^ rvL A vW- * ^ . £/ oVi^adfc if* n#>r*^§c^lr\/^ '(attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:_____________________________________ (attach additional sheets if necessary) t y • ' i REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. 2. t/ 3. 4. 6. 7. 8. Completed Application Form Certified Property ONMiers 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 S'/i" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'/:" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy S'/j" 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 vvish 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 vour variance application is not complete if the above information has not been included. 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 revievv of ;his application, and certifies that the information supplied is true and correct toMhe past of his/her knowledge. Applicant's Signature Date 10 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 members for purposes of investigation ryi(4 verifip^ition of this request. ct 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, please make arrangements to have an authorized agent attend in jour place and to advise the Building & Zoning Office of this change prior to the meeting. 8 4 RUN DATE lO/ia/%HENNEPIN COUNT? WOPEIT? IWOTUTION SYSTEM PRIVERTY f»MERS LIST REPOir NO. PIASMOl PAGE *SATCH 504PROP AMR OMCR NAME TAXPAYER NAME/AOOR 58 10-117-25 51 0048 01575 BROM« RO S J E FRICKSTAO ADA HOEN J E FRICKSTAO ADA MOCN 1575 BM»M RO S NAYZATA MN 55541 58 10-117-25 51 004901580 ARBOR ST T M A R S SMITH TODD N A KRISTEN S SIXTH 1540 ARBOR ST NAYZATA MN 55291 58 10 117-2201595 8RCi04 P F A t KA!tV PhUIP KAL1V 1595 BROOI HO H4V2ATA MN 51 0050 RO Ss55591 PROP AOM ONNER NAME TAXPAYER NAME/AOOR 58 10-117-25 51 0051 01555 ARBOR ST BARBARA J GARCIA BARBARA J GARCIA BOX 114 1155 ARBOR ST CRYSTAL BAY 55525 58 10-117-25 51 0052 01555 ARBOR ST 6 C PETERSON A J N PETERSON GREGORY A JULIANNE PETERSON 1555 ARBOR ST NAYZATA HN 55591 58 10-117-25 5i 0055 01580 BRIAR ST P BONMAN A 8 t C»MAN PAUL A BARBARA BQMUN 5458 NORTH SHORE DR NAYZATA MN 55591 PROP AOOR OMCR NAME TAXPAYER NAME/AOOR 58 10-117-25 51 0054 01545 ARBOR ST DAVID ALAN SUTHERLAMi DAVID ALAN SUTHERLAND 1545 ARBOR ST NAYZATA Ml 55591 58 10-117-25 51 005S 01585 ARBOR ST E A LIBATIGU5 ET AL N/L EST ENRIGUE LlBATigUE BOX 159 1585 ARBOR ST CRYSTAL BAY MN 55525 58 10-117-25 51 0054 02140 NORTH SNORE OR DORIS X EISEMCRAMER DORIS I EISENKRAMER 2140 NORTH SHORE OR NAYZATA Ml 55591 I-'t ^ •\ 1—p:- ‘f PROP AOOR ONNER NAME TAXPAYER NAME/AOOR 58 10-117-29 51 0098 02180 NORTH SHORE DR MARTIN A ANDREA SCHNEIDER ATELIER LESUEUR INC 2100 NORTH SHORE DR NAYZATA Ml 55591 58 10-117-25 51 01555 CITY OF CITY OF BOX 44 CRYSTAL BROMI RO ORONO ORQNO 0101 S BAY Ml 55525 58 10-117-25 52 0019 02240 NORTH SHORE DR ART CENTER OF MINNESOTA MINNETONKA CTR FOR THE ARTS 2240 NORTH SHORE DRIVE NAYZATA MN 55591 9 •if'** pi i- PROP AOOR ONNER NAME TAXPAYER NAME/ADDR TOTAL BATCH flOH 00012 1I ■J RUN DATE 10/lR/MBATCH SOB kf*:* m ■ 4 •O' ■<«!•* • HlftCPIM eajNTY RRORERTY IMFOimATIOM SYSTEM OSOPCRTY QM«RS LIST KRORT NO. PIBS5401 RACK 7 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRi.'E REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEtMEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF HY KNOHLEOGE ANO BELIEF. DATE F. ^ ^ «• • *R ?•. ‘■'‘i 'v . .. 'M i •w^ k-1 HARDCOVER CALCULATlOiN VVURK^HEE j Lt h X •: I i •. I i 1 ’ SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOVTR IN ZONE A. House X Cqhc Lengih 8. Garaje • « C. Driveway ♦« D. Sidewalk ^OOO ^ • « E. Patio/Deck C OtiC, < rcofi ^ rfps F. Landscape Underlain By Plastic Or Fabric 22.Z X X X .k s.^ X X X X X X X X X G. OtherWoot> WALL- TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ B PROPOSED HARDCOVER IN ZONE A. House ______________ Lcngih B. Garage C. Driveway D'. Sidewalk E. Patio/Deck F. Landscape . Underlain By Plastic •’ Or Fabric G. '^OiKcr' X X X X X X X X X X X X •k‘ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _______B ^ 75-250’25-500’ Widih 12.-2 * . >•. . *.«> 1 spy ' • • - • 1 _602 ■i.f. S.F. . • . « • . .. ts ...... . •» S.F. Z?S-F,_ ■..> ' . ». X ' S.F. ■ - S.F. . p.. ' * 1 4 ■S.F.'--’ m S.F. 4L i •* .«• • * . . 22 S.F. 1^70 S.F. A '^oor>S.F. B =% » .1.. » 1 • . •* «S.F. 4 dSl’ •• • ' • ,i« 1 M ,•S.F; • • m S.F. ;; St S.F.^ • • • • u « -1 # • «1 1 C/S.C3 • » S.F. a>S.F. % ^ U t S.F. =.....S.F. S3 • • • . • S.F. SS S.F. * • • •• . * .•' S * F»* • • s % • •S.F. s 1 «S.F. • 4 • - *s.p'.' mm ^ • • • # ' * • . L.• • *w • %. • • • •'S.F. .A.* _ mm•S.F. B 9 • •• • •. % ......... • • • . • * • • • • • . . •«. t « ' I • »M4M I ^ I I * / CERTIFICATE OF SURVEY FOR DAVE SUTHERLAND IN LOT 3, BLOCK 2,- MARKVILLE • HENNEPIN COUNTY. MINNESOTA * • • t> « * ■ m >* > •« K, *. \* , I .•* • *• •. S 89“20' 30" E 87.50 oo«o oo oo o 2 ------------------------------------- r*.5* wood 202 * 3EXISTMG g: “ GARAGE-i 202 o eone. patio ^ block ^.....294)----------g I *.• Gravel- Drive »ri EXISTir^ s wall ** HOUSE ' 17.4 M ^ M • ..«t M 0 ■«<o* I I I \ «..• . f M. «. # Oo UJ LiJ q: Oo Q (/) CO • • 0^o CD q: < N 89‘’20‘ 30" W 87.50 A-f • . . *.. . •r..! M ^ ^ • • r M < It* «l • • • • » I «0 aa^ I« • • • 4 U « 9 ip#. •• •• • » It • J • • ♦ • • «• • • •«* LEGAL DESCRIPTION OF PREMISES : The Ecst Half of Lot 3, Block 2, Markville ................- o>.: denotes Iron marker •• Bearings shown ore based upon an assumed datum. This survey intends to show the boundaries of the above described property, the location of on existing house and garage, and the location of all visible "hardcover" thereon. It does not purport to. show ony. other improvements or .encroachments. . .. , .. - '• • ( .riV- . ___* < i.«l w *.» « I •« a I • ' % • * Coffin & Gronbfrg , Inc. ■^•'2 l.mut.uV f>i: r' n I hereby cerlify that Ibis survey was prepared by me or under my direct su{x»r- vision, and that I am a duly registered Civil Engineer and Land-Surveyor under the laws of the State of Minnesota. Mark S. Gronberg Minnesota License Number 12755 DATE 10-25-96 SCALE r's20' JOB NO •^6'*4 CERTIFICATE OF SURVEY -FOR- DAVE SUTHERLAND . IN LOT 3, BLOCK “2, MARKVILLE HENNEPIN COUNTY, MINNESOTA M. O -f O /Ift S 89*20'30" E 87.50 r, oo d GO oo ---------------------------------- t • mOQSUNG m ! - GARAGE'i cone, potto w Mock ----------29.0-.---------t *V V •t • f* 9m. Msap.'^ • •• 4 •* •• LUon to on O GOon < N 89®20' 30" W 87.50 ZL '>S^c»df^O ^/doA. £)C|)6«\.n 5(OI< LEGAL DESCRIPTION OF PREMISES : The East Half of Lot 3, Block Markville o : denotes Iron marker Bearings shown are based upon an assumed datum. ««• M « M Ckj* . % 9 • «« f > * 4 • •I %«r *.» 9« • M 9 «• • • * • '9 *» i •• •• This survey intends to show the boundaries of the’above described property, the locotion of an existing house and garage, and the location of oil visible -"hardcover*.* thereon.-It does not**—•* purport to show any other improvements or encroachments. ' ' ^ , Ap « h4 9 9 #* 91 4 9 1*1 ComN & Gronberg, Inc. I, . ’ 11,^-/ •- I.i-t! '.ii'",»1/-' Vfi I'liux,'- lvM.iiiur.Kt \m.hu * _N1\''"V-*- r>i: r. titi 1 hereby certify that this survey was prepared by me or under my direct super vision, and that 1 am a duly registered Civil Engineer and Land Surveyor under the laws of the Slate of Minnesota. DATE rO-25-96 SCALE Mark S. Cronberg Minnesota I.iccnse Number 12753 jOHNo 96*4 i {i W 0 *• —♦'• 'vSk^'T- / '^•' ’ V '„ . . » — - « -••— --iJ* ^V•• ) '■> K. ]\t.!? i‘ y %^0V4 r.. V»A-> r V» w -.V i«- <.5 ., n t. . .'‘.ov —.‘/i c.w / '6» To: From: Date: Subject: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. GafTron, Assistant Planning & Zoning Administrator November 15, 19% #2195 Genmar Industries, lnc./Minnetonka Boat Wwks, 1449 Shoreline Drive Boulevard - V'ariance/Commercial Site Plan Review - Public Hearing Zoning District: B-2, Lakeshore Business District Application: Request for commercial site plan review af^Hoval and variances for construction of a new building to replace the existing building on the property. The proposal requires variances for lakeshore and street (front yard) setbacks, 0-75’ and 75- 250' hardcover, and a variance to the number of required parking stalls, and a number of additional variances as noted below. List of Exhibits A - Application B - Plat Map C - Proper.y Owners List D - Letter of Request/Hardship Statement E - Applicant ’s Summary of Request (Table) F - Applicant ’s Hardcover Calculation Worksheet G - 1985 Survey H - 1996 Existing Conditions I - 1996 Proposed Site Plan J - Proposed Building Plans K - Proposed Building Perspective L - Resolution No. 2638 (5'22/89) M - Comprehensive Plan Excerpt: Lakeshore Commercial Land Use N - B-2 Zoning Code Section Background/Summary of Request A marina has been operated at this site for at least five decades and perhaps much longer. Minnetonka Boat Works began operating at this location in 1955. The City has been licensing this operation since 1962. The existing 30 ’ x 80’ building likewise has existed for many decades. Use of the building in the 1970 ’s and earlier included retail sales and service. By the late 1980's the retail use had ceased, and the building was used for winter service work, storage, and a caretaker apartment existed in the second floor. The building in recent years has been used mainly for storage. Zoning File #2195 November 15, 1996 Page 2 Applicant proposes to replace the existing building with a new 24’ x 46’ one story boat ^ales office. Slip rental and boat sales would be operated from this building by King ’s Cove, who will be leasing the site. Site Plan Review Please refer to Exhibit I, the proposed site plan, as well as Exhibit D, the applicant's letter of request. The applicant has requested the following: 1. Section 10.41, Subd. 4 - Commercial site plan review in order to obtain a building penmt. 2. Section 10.41, Subd. 8 - Variance to parking requirements. 3. Section 10.41, Subd. 12 (B) - Front yard setback variance. Section 10.41, Subd. 13 (A) - Lakeshore setback variance for building. 5. Section 10.41, Subd. 13 (D)/10.56, Subd. 16 (L) - Hardcover variance. In addition, staff has identified the following as issues requiring variance consideration: 1.Section 10.41, Subd. 9 - Variance to allow storage of boats, etc. within required yard (B-2 required yards are Lakeshore: 75’ Side: 10 ’ SUeet: 30 ’), 2.Section 10.41, Subd. 11 (A) - Variance for lack of sanitary facilities to serve slip customers. 3.Section 10.41, Subd. 12 (B.l) - Required lot area = 2 acres; existing lot area (east of County Road 15) = 1.86 acres; total site area = 3.29 acres; property exists as two tax parcels. 4.Section 10.41, Subd. 12 (B-3) - Variance for "lot width perpendicular to lakeshore" (lot depth) less than the required 200 ’. A number of additional variances were granted for the existing parking lot when it was expanded in 1989, including the following: Zoning File #2195 November 15, 1996 Page 3 1. Section 10.41, Subd. 8 (E) - Parking spaces separated by public roadway from the dock they are designed to serve. 2. j. Section 10.41, Subd. 8 (G) - Parking within required yard or landscape area. Tree removal v.ithin 75' of the shoreline. 4. 5. 0-75' and 75-250' hardcover variances for parking lot. Variance to 75' lakeshore setback for parking areas. Setbacks for Proposed Building The proposed building will be within the footprint of the existing building. Existing and proposed setbacks are as follows; Building Setbacks: Existing Building Proposed Building Required Variance Lake 20'49'75'26' North Side 15'15'10' Front (street)12*17 30’13' Because the existing lot depth at the location of the building is only 115’, it is impossible to meet the 75' lake setback and 30' required street setback without a variance. The proposal provides additional setback from the street with an increase in open space of 5'. The side of the building facing the street will have windows but no doors, hence that landscape/yard area will have no traflic, but according to the drawings provided will contain a sign identifying the site. The increase in lakeshore setback from 20' to 49' is a positive improvement to the property. While applicants intend to turn that 49' into green lawn area, they also propose to use that lawn area for displaying boats for sale in the summer (See below). Exhibit 1 indicates some additional 2' high shrubs for landscaping around the east and west sides of the building. Use of the Lakeshore Yard for Boat Storage Applicants propose to use the 49' lawn area east of the new building for storage of up to 6 boats for sale during the summer months. This use and the potential p>edestrian traffic it i Zoning File #2195 November 15, 19% Page 4 generates may work at cross purposes to maintaining a green open space within the lakeshore yard. The alternative is to devote additional parking spaces for storage of boats for sale, which will eliminate needed parking on the site but will allow the green space to ser\e its purpose. Clearly, the need for this variance results from the lack of space on the site to accommodate the existing and proposed uses within the constraints of the code, i.e. the site is overused. Most of *hese constraints relate to the physical layout of the site. Staff would conclude that although boat storage has historically occurred within 75' of the lake on the narking lots at this site, new boat storage in a space formerly occupied by a building and now proposed to be credited as non-hardcover is not allowed by code hanece a variance is necessar>' for this to occur. Parking The code requires 6 parking stalls for each 10 boat slips on water or on land. The site currently contains 68 stalls to service 111 slips. With the newly proposed sales function, an additional 8 spaces are required, plus 3 for employees. The total required number of spaces is (.6 X 111) + 8 + 3 = 78 parking stalls required, with only 68 available. However, applicants propose that 12 of the 111 slips be converted to in-water boat display, which applicants then suggest no longer should be counted in the slip parking requirement. Under their calculation, the required parking then becomes (.6 x 99) + 8 + 3 = 71 spaces. Because the current configuration only provides 68 spaces, they request a variance for 3 spaces. The code does not discern between slips used for rental purposes and slips used for display of boats for sale. It is staffs opinion that a 10-stall variance is needed. If the proposed boat display area was moved into the parking lot, it would likely reduce parking by another 8 spaces, leaving only 60 spaces and a variance of 18 spaces. This site has a potential on busy weekends for overflowing its parking facilities. The natural tendency would then be to park in any spaces remaining in the Windward Marina lot, which has its overflow parking in the residentially-zoned parcel to the north of the service building. One way to minimize the potential parking problems would be to limit the sales function to non-weekend/non-holiday days. Applicants have indicated that the sales function will occur on Saturdays, but will agree to being closed on all but 4 Sunday's per year, to be determined by King's Cove. Applicants have proposed the construction of 28 additional parking stalls on the west side of County Road 15 (see Application #21961 which would eliminate a variance for number of stalls, but would still require a variance to the requirement that parking serve uses on the same Zoning File #2195 November 15, 1996 Page 5 side of the road as the parking. While this additional parking area adjacent to Tanager Lake would clearly benefit slip customers who now must walk (dash) across County Road 15, the impacts of creating that parking lot may be significant. Hardcover Applicants have provided hardcover calculations separately for the east and west side of County Road 15. The propert>^ east of County Road 15 contains 81,220 s.f, of which 69,044 s.f. is in the 0-75’ setback zone. Existing 0-75' hardcover is 36.9%. Proposed 0-75’ hardcover reduces to 35.4%, but a portion of this proposed reduction is in an area proposed to be used for boat display. The non-hardcover status of area used for boat display is questionable. Likewise, existing 75-250' hardcover is 73.9% which will be reduced to 72.2%. The net overall result is a proposed reduction of 1,301 s.f, bringing the property slightly nearer conformity. Lack of Sanitary Facilities The zoning code has long required that marinas provide sanitary facilities connected to public sanitary sewer where available. This marina has had sewer available since the early 1980's but has never complied with this requirement, only providing portable toilets on each side of the road for slip customers. Further, the code was revised in 1995 to require provision of head pumpout facilities and a porta-potty dump station. Again, this marina has not provided those facilities at this site. The proposed boat sales/office building contains a single restroom which is clearly intended to serve just the employees and sales customers, not the slip customers (remember, this building is proposed to closed on Sundays). The applicant should be required to provide the appropriate sanitary facilities if slip rental is intended to continue at this location. Stormwater Facilities While no changes are proposed to the existing parking lot, that parking lot was designed under 1989 standards and does not reflect the current stormwater requirements. The existing ponding area likely does not meet NURP standards, but has been serving its purpose of preventing trash from the parking lot being swept directly into the lake. The City Engineer has net reviewed the existing pond but the B-2 code indicates a stormwater plan must be submitted whenever a building permit or variance is requested. If this proposal is approved, a condition of approval should be review and upgrade (if necessary) of stormwater facilities on the site. ................................................................r . Zoning File #2195 November 15, 1996 Page 6 Site Landscaping The proposed site plan indicates existing and proposed landscaping materials. Planning Commission should review these plans and determine whether any additional landscaping is necessarv. Zoning Code/Comprehensive Plan Inconsbtcncy Minnetonka Boat Works has not had a retail sales operation at this site for many years. The magnitude of the 1989 parking lot expansion was approved based rn no retail sales occurring at the site. The proposed new retail sales use not only rc':|dires additional parking, but illuminates a long-standing inconsistency between the Zoning Code and the Comprehensi/e Plan: The Comprehensive Plan since 1980 has indicated 'boat sales* is not an appropriate use for the B-2 district: "Lakeshore commercial areas are not intended for typical retail activities, including boat sales, which could be accomplished away from the lake." In contrast, the Zoning Code has since 1975 allowed boat sales as a permitted use in the B-2 zone. Issues for Discussion 1.Are the lot depth and lot area variances justified by the historic and current use of this propert)’ as a marina? Note that this type of variance is required whenever a residential or commercial site is redeveloped by total replacement of the principal structure... 2.Does the very non-conforming location of the existing building provide sufficient hardship and justification to allow its replacement with a building that will be more conforminc, in location, even though variances are still required? 3.Should the green space created by reduction in the size of the building, be used for boat sales display? If not, those display boats would take up required parking spaces, increasing the magnitude of parking variance requested. 4.Is there justification for granting a parking variance? Does the fact that any expansion of parking will also require variances, suggest an over-use of the site? 5.Does Planning Commission agree with the applicants' concept that devoting slips to boat display should reduce the need for parking stalls serving those display slips? If so, perhaps the code should be amended to reflect this... r Zoning File #2195 November 15, 1996 Page 7 6.If parking on the west side of County Road 15 is approved, the parking stall number variance is eliminated. If that parking lot is not allowed, is there sufficient justification to allow the retail sales operation to occur, if done so in a manner that does not increase the potential weekend parking problems? Under what conditions would that be the case? Is the suggested Sunday closing a viable control? 7.Is the 1,300 s.f reduction in hardcover on the site sufficient justification for the necessary hardcover variance? If boats for displa\’ are parked in the new non-hardcover area between the new building and the lake, how will that ultimately impact the non hardcover status of that lawn area? 8.If the variances needed for this project are not granted, £q>plicants intend to remodel the existing building. However, the potential uses of that building are still limited by parking needs for various activities occurring at the marina. Is the proposed office/sales building ultimately a better use of this site than the existing two stor>- structure? 9.Is there any reason why this mjuina should be exempt from providing sanitary facilities for its slip customers? Staff Recommendation Planning Commission should consider whether each of the proposed/requested variances is adequately supported and justified by hardships. Further, Planning Commission should consider whether the alternative of not granting the variances results in a lost opportunity to bring the site into some degree of greater conformity. Note that this application is separate from the request for a parking lot on the west side of County Road 15, yet the outcome of that application impacts the degree of variances requested for the east side. Planning Commission should address the following items in any recommendation: Lot area & depth variances Variance for number of parking stalls Variance for parking not on same side of road as area served Lakeshore setback variance for new building - Street setback variance for new building Hardcover variance Variance to allow boat storage in required yard - Lack of sanitary facilities for slip customers • Landscaping - Stormwater management - Specific conditions of approval Application # ^(9^ Date Received ro-ay-fu f A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change &om original application) Variance for non-conforming structures 5220.00 After-the-Fact Fees (Double application fee) Amount Paid < ^7C> c<- / *3o0‘ tli. 4 is Q % ‘■4 t ...E. PROPERTY INFORMATION Site Address Boatworks, 1449 Shoreline Drivo, Orono, MX Property Identification Number (P.I.D.) 11 -117- -22QQQ8 Attach legal description to.application if not included on required survey. Date Propertv’ Acquired August t ____________________________(month/year) I (do oo*) ^^50 die adjacent parcels of land. Present use of property: ___residential ___mother (specify) Marina ----------------------- Zoning District: Lakeshorc Business District Phone (home)APPLICANT rnonc tnome; _______ZL ' ' Name Gen.nar Industries, Inc. Phone(workV^7-1805 .. —' T TITTT o>inn r.n/- Minneapolis , MN 7\n- 55402Address: 100 S. 5th St.. Suite 2 4 0r '-ity._______|______!-------^‘P---------------- c/o Mary P. McConne11 OWNER (if different than applicant) Phone (home)-------------------------- sane as above __________________ Phone (work)__________________ Address:Cit>:,Zip: DESCRIPTION OF REQUEST Estimated Constmetion Cost $ Describe request in detail: See Exhibit 1 attached —----------------------------- (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _Lot Width X Hardcover Lot Coverage Y Setback:Front Side X_Rear Average Lakeshore Y Other (specify) -4^arking HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Exhibit 1 attached ---------- (attach additional sheets if necessary) REQUIRED SUB\UTTALS •//•O i O•7'r-• \ / J -J All oi the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. 2. J. 4. 6. 7. 8. Completed Application Form Certified Property 0%vners List of o%Miers within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govi Center. '-t8-'27l). Certificate of Survey (signec .icensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/i" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'/i" x H" for reproduction. Sketches or plans of floor & elevation views (provide one (I) copy 8'/j" x 11"). List of the legal names (include m'. atus) of all persons w'ith an interest in the property. This would include nc:. of applicant(s) if not current o\vner(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 your variance application is not complete if the above information has not been included. 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 members for purposes of investigation and \canon of this request. /(yOwner’s Signature /Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Plarming 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 to advise the Building & Zoning Office of this change prior to the meeting. 1 RUN DATE 10/2A/9A BATCH 502 HEIt«PIN COWTY PROPERTY INPORHATION SYSTEH PROPERTY OMNERS LIST REP«T MO. PIAS5401 PAGE S50 H-117-25 22 0005 01A42 SHORELINE DR JANES P RIVERS ETAL JANES P RIVERS lAAA SHORELINE OR NAYZATA MN 55391 50 11-117-23 22 OOOA 01A94 SHORELINE OR J P A H A RIVERS JANES P A NARY A RIVERS M94 shoreline OR NAYZATA NN 55391 50 11-117-23 22 0007 00030 AOORESS UNASSIGNEO J P A N A RIVERS JANES P A NARY A RIVERS 1944 SHORELINE OR NAYZATA m 55391 PROP AOOR 0»t«R NANE TAXPAYER NANE/AOOR 30 11-117-23 22 0000 01449 SHORELINE OR GEItUR INDUSTRIES INC himctonka boat NORX P O BOX 549 NAYZATA m 55391 30 11-117-23 23 0001 00030 AOORESS UNASSIGNEO GENNAR industries INC ninnetonka boat nork P 0 box 549 NAYZATA m 55391 50 11-117-23 23 0002 01475 SHORELINE OR 0 N A E A SCHNITT DOUGLAS R A ELLEN A SCHNITT 1475 SHORELINE OR NAYZATA m 55391 PROP AOOR ONNER NANE TAXPAYER NANE/AODR 30 11-117-23 23 0017 00030 AOORESS UNASSIGNEO CAS PLATOU CARL N A SUSAN PLATOU 1400 GREEN TREES RO NAYZATA m 55391 TOTAL BATCH 502 00007 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURAtf amh tdiic representation OF INFORMATION AS IT APpL^ XHT^ nlr/^ OF w"kS1”e TAXATION. TO THE MsJ^ DATE -4 c • ^ 1 y Exhibit 1 to Variance Application-Genmar Industries, Inc. Genmar proposes to remove the existing building at the property known as the Minnetonka Boatworks, 1449 Shoreline Drive, Orono, Minnesota and replace It with a smaller building. Existing Conditions. The current building occupies a building footprint of approximately 30 feet by 80 feet. It Is a two-story building and is approximately 4000 square feet In size. The lakeward portion of the building is located approximately 20 feet from Lake Minnetonka, the portion of the building fronting on Highway 15 Is located approximately 12 feet from the property line and the side of the building is located approximately 15 feet from the property line. The current building is authorized for storage and light boat maintenance. Proposal. 1. Building Dimensions and Setback. The proposed building is greatly reduced in size from the existing building. It will occupy a footprint of approximately 24 feet by 46 feet with a deck at the entrance approximately 6 feet by 16 feet. The building will be one story and approximately 1104 square feet. Because of the red"'t''i size of the building, we will be able to improve the setback from the by 29 feet and from Highway 15 by 5 feet. We propose to place the new building on the current side setback. We have attached a copy of an artist's rendering of the exterior of the building. The building will be served by an existing well on the property and city sewer. The existing building will be demolished prior to placement of the new building. The present building Is equipped with a basement which is located under the western 1/3 of the building. The basement will be filled and existing utility connections appropriately routed to service the new building. 2. Building and Site Use. The proposed building will be used for boat sales. It will have up to three offices, a storage room, reception area and a bathroom. We have attached a preliminary floor plan for the building. The maximum number of employees at the site at any time will be three. Genmar will lease the site to a dealer to sell Genmar boat products and manage the marina. We are currently negotiating a lease with a dealer who has a major marina operation in the east metropolitan area. The dealer would sell boats and a small number of parts and manage the marina. Of the existing 111 slips on Minnetonka, the operator would use the twelve slips closest to the building for in water boat displays. These slips would no longer be rental slips. The operator would display up to six boats on the property between the lake and the building. v> r IP,' iT..^L V'V r ‘•= . .-V . *• V V »' i* *- rrv ' v>^ >f >o> kT—*o The operator does not Intend to do any oil changes, maintenance or other significant boat-service related functions on the property. The operator may conduct some light boat prep to ready the boat for delivery such as light assembly i.e., installation of a rail, fly bridge or prop replacement. The operator will not be open on Sundays during the boating season. With the exception of the Herns listed above, the marina would continue to be operated as currently authorized. Variances Required. 1. Setback Lake : The building is currently 20 feet from the lake. The proposed building would be 49 feet from the lake, a 29 foot improvement. This would still require a 26 foot variance from the 75 foot setback requirement. Frontvard : The building is currently 12 feet from the Highway 15 right of way. The proposed building would be 17 from Highway 15 right of way, a 5 foot improvement. This would still require a 13 foot variance from the 30 foot setback requirement for front yard. 2. Hardcover. Genrnar currently has a variance for hardcover for 25,609 square feet of hardcover (15.48%) within the 0-75 foot setback area. The proposed project would r^uce the amount of hardcover on the property within the 0-75 foot zone by 1,089 square feet. The proposed project would still require a continued variance from hardcover (0-75 feet zone) in the amount of 24,405 square feet. There is limited area in the 75-250 foot zone of the portions of the property east of Highway 15. A hardcover variance for this zone is required since the existing approved parking lot covers 72.20% (8,791 of the total of 12,176 square feet). It should be noted that the proposed building will result in a reduction of 212 square feet of hardcover. 3. Parking. Genrnar currently has 68 authorized parking spaces to accompany 111 marina slips and building. Based on the proposed project, we will be converting 12 boat rental slips to in-water boat display which reduces the amount of parking required. Further, because the sales facility will be closed on Sundays, employee and boat sales customer parking will not be needed on Sundays which is one of the two peak parking demand days during the week. The total number of parking spaces required under the ordinance based on the proposed project is 71 spaces; 61 spaces for the marina and 11 spaces for the building (8) and employee parking (3 employees). The current site configuration will only allow for 68 parking spaces so a variance for 3 spaces will be required. 1 r ^ \ r/?': * • / \ \0^ *• V iu If the variance is granted, the parking configuration at the site will remain exactly the same. Hardship/Description of Unusual Property Conditions. The property has been used as a commercial marina for over 45 years in. The property is not deep enough to allow an expansion o^ the parking area that would meet the current ordinance parking requirements. Also, the majority of the property is located within the lakeshore protected area where no hardcover is allowed so essentially any developed use would require a hardcover variance. The existing building on the property is in need of repair. As an alternative to repairing the building, Genmar proposes to demolish the existing building and replace it with a substantially smaller build -ng which will substantially diminish the size of the variances required and bring tlic property closer to conformance with current road and lake setbacks and hardcove'^ requirements. Attached is a table comparing the current conditions with the proposed improvements. This table clearly shows the significant improvements to the property in terms of compliance with current ordinance requirements. In addition, Genmar will be reducing the amount of marina traffic and the accompanying parking needs by converting twelve slips to in-water boat display. . \ Building Setback Lake Side Front Marina Slip^ Hardcover 0-75 feet zone 75-250 feet zone j Gs'u */-rf U i 1 ?>’fsiyo Genmar Variance Request Current Conditions Old In Need of Repair 30x80 2 story 4200 square feet 20 feet 12 feet 15 feet 111 Rental slips 25,494 square feet 9,003 square feet Proposed New 24x46 1 story 1104 square feet 49 feet 12 feet 20 feet P9 Rental slips . - in-water boat display slips 24,405 squrre feet 8,791 square feet 1 ^ , rl-.,V i 10/'25/96 06:52 NO.624 B02 PROJECT : MINNETONKA BOAT WORKS LOCATION : ORONO, MINNESOTA OCTOBER 25. 1996 F PREPARED FOR: GENMAR PREPARED BY : SATHRE-BERGQUIST. INC 1- -N . .’1 NOTE : ALL AREAS DETERMINED BY PLANIMETERING • . ! r-« « L: SUBJECT : HARDCOVER CALCUATION WORK SHEET LOCATION: EAST SIDE OF C.S.A.H. NO. 15 SETBACK ZONE: f 0^75-250*250-51 500-1000 ’ EXISTING HARDCOVER IN ZONE HARDCOVER ITEM LENGTH (FT) x WIDTH (FT) = SQUARE FEET (SF) BUILDING PARKING LOT BOAT WELL DOCKS EXISTING POND 1,585 SF 21,300 SF 625 SF 344 SF 1,640 SF TOTAL HARDCOVER IN ZONE (0-75) = TOTAL PROPERTY IN ZONE (0-75’) = 25,494 SF 69.044 SF PERCENTAGE OF HARDCOVER IN ZONE (0-75^ -36.92% FOR THE EXISTING CONDITION LOCATION : EAST SIDE OF C.S.A.H. NO. 15 SETBACK ZONE : I 0^75-250 ’250-500 ’500-1000 ’ PROPOSED HARDCOVER IN ZONE HARDCOVER ITEM LENGTH (FT) x WIDTH (FT) SQUARE FEET (SF) BUILDING PARKING LOT BOAT WELL DOCKS EXISTING POND 496 SF 21,300 SF 625 SF 344 SF 1.640 SF TOTAL HARDCOVER IN ZONE (0-75 ) =24,405 SF TOTAL PROPERTY IN ZONE (0-75 ’) = PERCENTAGE OF HARDCOVER IN ZONE (0-75') = 69.044 SF 35.35% FOR THE PROPOSED CONDITION 10/^25/56 06:55 HQ. 624 PROJECT : MINNETONKA BOAT WORKS LOCATION : ORONO. MINNESOTA OCTOBER 25.1996 PREPARED FOR: GENMAR PREPARED BY ; SATHRE-BERGQUIST. INC. NOTE : ALL AREAS DETERMINED BY PLANIMETERING SUBJECT : HARDCOVER CALCUATION WORK SHEET LOCATiON : EAST SIDE OF C.S.AH. NO 15 SETBACK ZONE:0-75 ’ I 75-2561 250-500 500-1000‘ EXISTING HARDCOVER IN ZONE HARDCOVER ITEM LENGTH (FT) x WIDTH (FT) = SQUARE FEET (SF) BUILDING PARKING LOT 820 SF 8,183 SF TOTAL HARDCOVER IN ZONE (75-250 ) =9,003 SF TOTAL PROPERTY IN ZONE (75-250 ) PERCENTAGE OF HARDCOVER IN ZONE (0-75 ) = 12,176 SF 73.94% FOR THE EXISTING CONDITION LOCATION : EAST SIDE OF C.S.A.H. NO. 15 SETBACK ZONE :0-75* I 75-2501 250-500*500-1000* PROPOSED HARDCOVER IN ZONE LENGTH (FT) X WIDTH (FT)HARDCOVER ITEM BUILDING ___________- __ PARKING LOT ___________ — SQUARE FEET (SF) 608 SF 8,183 SF TOTAL HARDCOVER IN ZONE (75-250*) * TOTAL PROPERTY IN ZONE (75-250) = PERCENTAGE OF HARDCOVER IN ZONE (0-75*) = 8,791 SF 12,176 SF 72.20% FOR THE 'PROPOSED CONDITION 003 m. f t«i- • i9 f -^-1 'n B**‘.*; S3 ..v;--'. v/ '■) .y I:-ZiU^ rn >> I MI 7 n :*;-:*v^ja / •*.* \ I ^ i m 'W' < cn m 1*1 MINNETONKA BOAT WORKS BUILDING DETAIL ORONO. UMNESOTA GENMAR fii% SATHRE-BERGQUIST. INC. *iy ~ iM souiN MaiiiMAr • muOAiK m. mmi • (tu) «7»-mqo Sr 9 ■M mmM. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2638 _ _ _ _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISIONS 8 AND SECTION 10.41, SUBDIVISION 10 (D) AND PER SECTION 10.03, SUBDIVISION 19 GRANTS A CONDITIONAL USB PERMIT AND PER SECTION 10.41, SUBDIVISION 2 ' APPROVES THE COMMERCIAL SITE PLAN FOR MINNETONKA BOAT WORKS FILE #1396 WHEREAS, Genmar Industries, Inc. (hereinafter "the applicant") has an interest in the property located at 1449 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property")? and WHEREAS, the applicant proposes the expansion of an existing 42 stall parking lot by 26 additional stalls for a total of 68 stalls to support a boat slip expansion of the commercial marina of 48 slips for a total of 114 slips. Such improvement requires approval of a conditional use permit for land alterations in excess of 100 cubic yards and a variance to Section 10.55, Subdivision 8 for land alterations conducted within the 0-75' lakeshore protected area where none is allowed, and per Section 10.41, Subdivision 10 (D) seeks approval of a hardcover variance within the 0“75' setback area for an increase of 2,219 square feet or 1.7% (total existing = 23,390 s.f. or 14.1%, total proposed = 25,609 s.f. or 15.48%) as a result of the expanded parking area where no hardcover is allowed, and per Section 10.41, Subdivision 2 seeks approval of a commercial site plan for the expanded parking area within the eastern portion of the marina property divided by Hennepin County Road 15. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning Pile #1396. Page 1 of 8 City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2638_ _ _ _ _ 2. The property is located in the B-2 Lakeshore Business Zoning District requiring a minimum of 2 acres of area. The marina property divided by County Road 15 consists of 1.815 acres within the east portion of the property and 1*35 within the west portion of the property for a total of 3.281 acres. 3. The Orono Council reviewed this application on May 8» 1989, and conceptually approved the proposed variances and conditional use permit based upon one or more of the following findings and hardships: A) The east and west portions of the marina property are not deep enough to allow an expansion of the parking area that would meet the required lakeshora setback. B' The current pattern of docks on the west and east side with parking provided only on the east has existed for this marina for over 40 years w’ithout mishap. C) The majority of the property is located within the lakeshore protected area where no hardcover is allowed. D) The property has been used as a commercial marina for over 40 years. E) Based on County and City records there have been no personal injury or property damage resulting from the cross”Over use of the clients of either Windward Marine or Minnetonka Boat Works. The accident records of the City from 1985 to the present reveal only 5 accidents. None of these accidents were related to the cross-over activities of the clients of the marina properties. F) Drainage/run-off will be improved by providing re direction of surface run-off into a retention pond for treatment rather than draining directly into the lake per current pattern of drainage. G) The applicant, represented by Irwin Jacobs, has agreed to work with the City uo improve the level of safety for the users of the county road and the marina ’-installfacilities in the area. The applicant plans to install appropriate "No Trespassing" signage and provioe additio: .1 personnel to patrol the area. Page 2 of 8 City of OROINO RESOLUTION OF THE CITY COUNC'L NO. 2638________ H) The City has asked for inf'reased police supervision in the area to enforce "no parking" along county road. 4. The applicant proposes the removal of 6 mature trees as a result of the expanded parking area within the 0-75' setback area. Per amended Section 10.22r Subdivision 3» the applicant shall apply for a staff permit for tree removal and in addition submit a planting schedule for the required replacement trees. 5. On April 20, 1989, the Minnehaha Creek Watershed District granted a permit that would approve the expansion of the parking area and the retention pond with treatment facility for the Minnetonka Boat Works. 6. Glenn Cook, City Engineer, in a report dated April 12, 1989, conceptually approved the proposed drainage plan and ponding area subject to specific modifications in the proposed plan. 7. Wayne A. Matsumoto of the Hennepin County Department of Public Works, in a report dated May 3, 1989, noted the following: A) The County was not aware of an accident problem in this area and recommended approval of a marked cross walk to serve the clients of the marinas. He did not feel the limited number of accidents within this section of County Road 15 would warrant the installation of flashing yellow lights. B) He added that a pedestrian bridge would appear to be out of the question because of the limited land area and land base needed to support the handicapped requirement. C) He also noted that a walk-way under the Tanager Lake Bridge for the clients of the marina may result in a security risk. 8. The City Council has considered this application including the findings of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. i Page 3 of 8 ^*1 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. ___2638 9. 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 granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; wouId 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. 10. The City Council finds that the expansion of the parking area within the lakeshore protected area shall 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 its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants the variances and conditional use permit as set forth above and approves the commercial site plan date revised _______________ by Sathre, Bergquist Inc. and attached to this resolution as Page 8 of 8 for the Minnetonka Boat Works, subject to the following conditions: 1. Owner to execute a Developer's Agreement and post a Letter of Credit (150% of cost of required improvements) with the City to ensure the following improvements are fulfilled upon the installation of the expanded parking area: A) Drainage/surface water treatment improvements per final plans approved by the M.C.W.D. and City of Orono. The City Engineer has requested the following amendments to the drainage plan: i. The parking lot grading plan to be modified to provide a minimum 1% grade. Page 4 of 8 wm CITY^mm City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^38________ ii. The area between the parking lot and the lake should be a minimum of 6" higher than the parking lot. iii. Pre-cast concrete bumper curbs to be installed around the parking lot. B) ' Paving of parking lot access from County Road 15. C) Installation of loading dock within east dock section providing safe, easy access for clients. D) Planting of replacement trees and shrubs adjacent to dumpster. 2. Applicant to install appropriate "Private Property/No Trespassing" signage within both portions of marina property. Applicant is hereby advised that if fencing is deemed necessary at some future time, that variance approval is required if sections of the fencing are to be located within the 0-75' lakeshore protected area. 3. The City of Orono shall install a cross-walk as approved by Hennepin County and the Public Works Director of the City of Orono. Applicant shall participate in the shared payment for all costs associated with the installation of cross walk. 4. Final landscape plan shall include a planting schedule for replacement trees and screening of dumpster on the east portion of the property and as shown on attached site plan. 5. The new dock construction shall be subject to the following conditions: A) Access to dock must be maintained every 300'. B) The 20-B; C rating shall be maintained by providing fire extinguishers on each float and one on the pier or warf 25' at the head of the gangway to float, pursuant to Uniform Fire Code Section 79.911 (e). C) All electrical equipment installed and used must be in accordance with the National Electrical Code as it applies to wet, damp or hazardous locations. Page 5 of 8 piS- City of ORONO r: IQNOi RESOLUTION OF THE CITY COUNCIL NO. 2638_______ D) All portions of floats exceeding 250* in distance to ensure fire department access shall be provided with an approved wet standpipe system installed in conformity with Uniform Building Code Section 382 as follows : i. Hose station shall be spaced as to provide protection to any portion of the floats or the floating vessels. ii. Hoses shall be mounted on a reel or rack and enclosed within an approved cabinet. Hose station shall be labeled "Fire Hose - Emergency Use Only". iii. All equipment shall meet the approval of the fire inspector. 6. Erosion control shall be employed at all times on the site during the time of the expansion of the parking lot area. f 7. Applicant to apply for a building permit for commercial dock construction. 8. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by the application for a building permit within one year of the date of Council approval or this approval will expire on that date (May 22, 1990). 9, violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of Genmar Industries, it heirs, successors and assigns, hereby ajrees to the recording of this resolution in the chain of title of the property. Page 6 of 8 City of OROIVO fWONQC1 RESOLUTION OF THE CITY COUNCIL NO. _ _^38_ _ _ _ May, 1969. Adopted by the Orono City Council on this 22nd day of ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of May, 1989, by James R. Grabek 6 Dorothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. — OuUji . — , Ndtary Public ■ //csi •V. .J ^ n; w •' RIE K. SCHEFFLER ‘Uti»C - Ml.NNiSOTA COJNTY oapirti6*8*93 My Commission Expires Page 7 of 8 LAND USE JUNE, 1980 URBAN COMMERCIAL LAND USE Urban commercial development is limited to two areac which are provided with all the necessary urban services and facilities. The major commercial center of Orono will continue to be the crossroads center of Navarre. This area will provide sufficient opportunity for neighborhood retail and service businesses, plus adequate professional offices, to serve the needs of most Orono residents. Accessory functions such as offices and owner- occupied living units or limited multi-family developments will be considered appropriate in or near the Navarre commercial area. /n additional limited commercial area is designated on Highway 12 adjacent to similar land uses in the City of Long Lake. This area has utilities available from the City of Long Lake and will provide neighborhood services complimentary to those available in that City. LAKESHORE COMMERCIAL LAND USE Lake access and lake user serv’ice businesses arc appropriate for a lakeside community and require a lakeshore location. Special performance standards are necessary to assure protection of the lake environment and protection of neighboring properties. The primary purpose is to permit those functions that are directly necessary to support normal lake-use activities such as boat launching, boat service, boat repairs and fishing supplies. Lakeshore commercial areas are not intended for typical retail activities, including boat sales, which could be accomplished away from the lake. Accessory functions such as parking, winter storage and caretaker facilities will be appropriate in the lakeshore commercial areas. One lakeshore commercial area is indicated on the Land Use Plan along Maxwell Bay where resorts and marinas have historically existed. Sanitary sewer is available for boat sanitation purposes. Expansion of the existing facilities is limited however by surrounding residential neighborhoods, lack of public transportation, and environmental constraints including a crowded bay. Therefore, only the one contigucas area is considered appropriate for dedication to this use. Additional lakeshore commercial facilities do exist along County Road 15 north of Tanager Lake Bridge. This area has fewer transportation and environmental problems than Maxwell Bay, but it is not designated in this Plan for commercial use because municipal sewer and other urban services are not available. This area would be considered for future lakeshore commercial designation should sanitary sewer become available as projected in the CSPP Facilities Plan. CMP 4-26 ordinance no . ^32 SECOND SERIES an ordinance amending zon ^_g com SECTION 10.41* B-2 LAKESHORE BLSINTSS DISTRICT the city council of OROKO ordains as FOLLOWS: SECTION 1. Municipal Zoning Code Section 10.41, Subdivisions 1 through 16 are hereby deleted. SECTION 2. A new Section 10.41. Subdivisions 1 through 19 are hereby adopted to read as follows: SEC. 19.41. B-2 LAKESHORE BUSINESS DISTRICT. recreational purposes on shorelands'^ and have expanded the businesses have Busies, Districts adversely affect the lake water ES“ S. :s: xs;-=';rs environment. Subd. 2. Definitions. accessory or A. "Marina Business" means engaging in one or more of the permined, conditional uses allowed within the B-2 Lakeshore Business District. B "Charter Boat" is a watercraft carrying passengers for hire on Lake Minnetonka and which is required to hold a Certificate of Registration from the LMCD. Business DistritfstaU obuLTn^27m1trto par the provisions of the Orono Municipal Code. Subd. 4. Application. All applications for a building permit withm B-- Lakeshore Business District shall be reviewed by the Council and may be refen Planning Commission and/or a specially appointed Lake Use Committee for revie\ . Subd 5 PenninrfUsM. Within the "B-2-Ukcshore Business District, no land or structure slSt use^ e™ p. for one or tnote of the foilowntg uses: A. Rental of in-water boat slips. B. Sales of boats, motors, traUers and marine accessories. C. Repair and servicing of boats. D. On-land storage of boats, winter and summef. E. Marine fuel sales. F. Bait and fishing tackle sales. TT .c wirhin anv "B-2" Lakeshore Business District, the Subd. 6. Accessory Uses. W ithin any d - following uses shall be permitted accessory uses: A. Si2ns. Signs as regulated in this chapter. B. Boat head pumpout/ sanitaiy boat waste dumping facility. r Fishinc tournaments, subject to the "large assembly; liceme TA c t rtf nrf nackaf^ed foods or food from vending machines. allowed. E. Dive shops. F. Clubhouse (assembly/lounge/kitchenette area for use by slip mn "boat club" customers only). G. Lessons/teaching (sailing schools, etc.). H. Rental of boats. I. Sailboard sales/rental. j. Ice boating sales/rental/service and operations base. K. Ice fishing tackle sales L. Cross-counir>' ski sales/renial/service. C KH - r^ndltional Uses No conditional use permit shall be granted unless Subd. /. Condi landscaping and screening requirements of stmcre“or1anrsha"l/b^^^^ *e following uses except by conditional use permit: parking is available on the site. A. Boat Clubs (time share). Applicant shall demonstrate that adequate n cifp B Public boat launching. On-Demand (Cn-demand launching of customer- owned boats stored on the business site). ^ ^h u^ut cl shall ^^t^obUg^d rapproTsuch use if approved by LMCD when parking is inadequate, — ^ •_ • • ^ ^ ^ — m ^ ^#1 «c. Public Boat Launching. Transient. (^^™=hing of boats via a^p o^ d^mo^am m^adeVat” be at Council discretion. n Charter boat port of call. A charter boat port of call shall be defined as a location where a chatter boat f ^ TOmXV/ithK *e employees of the chatter boat. boat port of call regarding pro^rty. tSof operation, etc. as may be appropriate to protect public tol^r^p^c-anTS demonslrate to Council that all such conditions are met. •. • ________1 i:E. One caretaker dwelling unit, subject to conditions and limitations for such use that may be imposed by the City Council. subd. 8. Patking Requirements, 't'" [^forpSongl^^^^^^ the off-street patking facilities shall areals need not be paved, but shall S.Tb.Sl S. "S. “• “ “ or on land. A. Six parking spaces shall be provided for each ten boat slips on water C If the proposed use is to include the launching of boats owned by the public for the day from traders (i.e. Ihtblic Boat Launching. Trans.ent), ten add.t.onal auto-trader parking spaces shall be provided for each ramp. E The required parking spaces may not be separated by a public roadwayb. me requite v = nnnrenace or ramp thev are designed to serve.from the dock, a storage space, mooring space, door space, or ramp . F Required off-street parking space may not be utilized for o^n of goods or for the storage of boats. the s rsr-'i.«» reduced to less than 20S5 of the required spaces. G. Parking may not be allowed in any required yard or landscaping area. H Employee parking spaces shall be in addition to required above. The number^Umployee parking spaces shall be designated on an official parking plan to be kept on file with the City. 1 Where these minimum parking requirements prove to be inadequate for a given use. additional'parking may be required in order to continue that use. kuhd 9 Yards The minimum required yard areas for the district allowed within any required y^rd Subd. 10. Undscaping Areas. In addition to the required yard areas for the district, the following landscaping areas shaU be landscaped m accordance with the following provisions: A. The minimum landscaping areas shall be as follows. * 1 The lakeshore landscaping area shall be an area that is parallel marina operation. Side vard landscaping area shall be an area that is parallel to the side lot line and not « ithin‘dte lakeshore landscaping area or front yard landscaping area and shall not be less than 10 feet deep. • the lake;ho;:Ta:d"a ’t^-^^^^^^ Se Serpin^ a^r^r access to the 'pnblic road shall not e.xceed an aggregate width of 50 feet for each marina operation. B. The deuiled landscape plan for each landscaping ar.ta shall provide for a natural woods area containing trees so as in height. Shrubs not less than two feet m height shaU^ ^ to eventually provide. in *e landscaping area except the required the summer months. No uses sh required in addition to the natural landscaping and access roads. A pri reouirements^of this district. The use of any r;;iS roTS'a^rb^ .rees and shrubs. All landscaping shall be maintained in a healthy growing condition. C. All the required improvements in the landscaping will be completed prior to the date of Usuan^of an ’ occupancy certificate or as otherwise provided by this Chapter, whichever date occurs first. required landscape areas. 10% of the required landscape areas. Subd 11. Additional Performance Standards. Within the B-2 Lakesh Business District any land use must meet the following performance standards: 1i \ A Suitable sanitan' facilities connected to public sanitar>' sewer shall be f u.-nmen and further, suitable facilities shall be provided «hcaa pumpout facUities and a desisnated porta-potty dump station. B Insofar as practicable, all means of access to the operation from any , located ar d desic-ned as to avoid the routing of vehicles from the propert>- over street shall be so lo - rpcidential areas All access roads from the operation to my streets thar pmnanly .east *in>' f«. adjacent to th.. public public paved roadway f „ads from the operation to any unpaved pubhcTadwav shall be treated to mtnimiae dust conditions at least to the extent the unpaved public roadway is dust controlled. C. All lighting on the premises shall be shielded so that no direct glare can be seen from adjoining residences, from the lake or from the roadway. activity or private (non<haner) use of the boats stored on the prem.ses, unless other petmilsion is specifically granted by the Council. equipment and debris of all kinds. shall be screened so as to not be visible off-site. such cr.-'t as stall cus.omaniy a body of water wiUtai theje usea on me ---------^ X?mXor“eta"o otai^ce;^« .___ oVioii Via* rnncrmcted and maintamed ODSiru , of the Citv The length of docks and location 01 Duoys suaiii uc iva-*-- bX'cta Cod All such commercial do^ks and wharves stall Co^ercial docks shall be maintamed in a neat and orderly manner at all times. I If on-land boat storage faculties arc provided, the boats shall be stored neat and orderly manner. I Anv gasoline offered for sale or stored on the premises shall be placed e « mav hf reauired bv the Council, and as required m Municipal Code “9°34.°Turm^ o^contah-L sha/be stored in such a manner and location so as not to create a danger to the community. K. On-land boat density’. 1. Summer boat density. The number of boats stored on the SieSns^l'e nm parking spaces. 3 A site plan designating tie location of summer and winter boat storage shall be submitted for Council approval no late <%.n f.ree months after adoption of this Sn ^d shall require Council approval for any fL...e -.sons. feet in height. Subd. 12. Area. Height, Lot Width and Y..d Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty B. The following minimum requirements shall be observed. 1. Lot Area - 2 acres. 2. Lot Width Parallel to Lake - 200 feet. 3. Lot Width Perpendicular to Lakeshore 4. Lakeshore Yard - 75 feet. 5. Side Yard -10 feet. 6. Front Yard Along Street - 30 feet. - 200 feet. Subd 13 Setback, Hardcover and Tree Removal Regulations. All property in the B-2 Lakeshore Business District is subject to the requirements of Municipal Zoning Code Section 10.56. Shoreland Management. In addition, the following standards shah apply: A. Lakeshore Setback Regulations. The building setback from the shoreline shall be "5 feet. B Setback to Re^’dential. No operation or activities e.xcept for storage and parking may be conducted closer than 50 feet to the boc.tdary of an adjoining propetry line which prop^jrty is used for residential purposes. C Setback \l0n2 Streets. No operation or activities except for storage and parking may be conducted closer tha'n 50 feet to the right-of-way of a.-.y e.xisting street, road or highway. D. Lakeshore Hardcover Regulations. Within 75 feet of the shoreline there shall be no excavating, fillmg. hardcover, temporary or permanent struemres. Wito ^ to '’^0 feet of the shoreline there shall be no greater than 25% hardcover. ^ ^ feel of the shoreline there shall be no greater than 30% hardcover. Wiihm 500 to 1,000 feet of the shoreline there shall be no greater than 35% hardcover. E Tree Removal Regulations. No trees within 75 feet of the shoreline wiih the diameter of six' inches or more shall be removed without first obtaining a the Council. Tree removal and other vegetation management shall be tn accordance wtth the provisions of Municipal Zoning Code Section 10.56. Subd 14 Drainase. No land shall be developed and no use shall be permitted that results in water runoff causini floods, erosion, or deposits on adjacent properties. Site a^ drainage plans shall be submitted by the applicant any time a new use is applied fo.. wh through subdivision, variance, conditional use permit or buUdmg permit. Such p ans stall te provided in such detail as required by the Council and those plans shall be reviewed by >1« City Ldneer before submission to the Planning Commission and CouncU for »PP™vak Such Stormwater runoff may be required to be properly channeled into a natural water course, p g area storm drain or other public facilities. Construction of faculties to m^ge the qCaliroT^sto^ nmoff may be required. Any change in grade affecting mnof whet^r onto adjacent property or otherwise, must be in compliance with the Surface Water Management Plan, Shoreland Management Regulations. Flood Plam Management ‘ ’ and sLn be consistent with oiber applicable regulations or City Code ^ ^ ^ sSect 10 the approval of other agencies having jurisdiction over the area affected by the drainage. 8 Subd 15 Non-Conformins Use. Noc^viihstanding any other provision of this Chapter, any ncn-conionmng use of j j^^^uaiA' 1,1975, of $3,000.00 shall involving a stn:cmre with an assessor as set forth in Section be allowed to continue as a non-coniorming use subject to me pr 10.03. Subd. 16. %ariances. Variances may be granted to the provisions of this Chapter in accordance with the provisions set forth in Section 10.03. 17 Variances For Required Landscaping Areas. The Council may grant •ariance allofvin^ four vear Icaallanon and plaming period to meet the requtrements of the Wg Ind piantirtg p'rovisions hereof, to any appheant who: A Submits a detailed landscape plan showing sufficient planting and "a?wdirnmbt.«s!^ opaque in winter. B Submits four vear planting and landscaping plan which shall provide that in each year of the P'“"' " ^ i^)5) b.-planned a^d completed for e.ach requireddeiermined by the Council as of May 1 , 19 J5) b. P^ l.indscaping area according to t ,hc landscaping and planting in any ;:ruh:runds"caping Ima^'an'd Jrer^e^pplicVn. for .he landscaping and p.anting which Otherwise would be required in other landscaping areas. subd. 18. :'‘rhi«:rasirm^^^^^^^^ The City hereby adopts by on Ma^y 27. 1988 including sections the following: Chapter II of the La g^presslv reser^’es the right to deny ,00, •« W Subd 19. Reference to Other Ordinances. Section 10.41 upon the effectiveness of Ute Oriinances^ f.*4!:t'su'^hTrlances\«7«lated invalid ry^^ruft^fTmTc-^i^ffidiciion, no^^ more boat buoys than what was peimiite y Minnetonka Conservation District, declared invalid, or dun was last f' restrictive in its regulation District Ordinances if dte public healui. safev and welfare of the citizens of Orono so requires. i 1 r SECTION 3. Adoption and Publication. This ordinance shall take effect immediately upon publication. Adopted by the Cit>' Council of Orono. Minnesota on this 23rd day of January, 1995, by a vote of 4 ayes and 0 nays. Edward i. Cal^nT Jr., Mayo^^/^ L.II ^ iTi^lPfiiiiT ifii ■ If ri I Bai^i I ■ i iHi MF r \tft ii Wiiil I ~Hi P HI I ><;• iiii l■lllrl■T^■■■ t irnimmrtiai i Tlunimigir fit ii ~ ira tTt illiir ~ii imll'Ilir-T i f 11 r n imi iTaifc-tr— // TO; FROM; DATE; Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator November 15,19% SUBJECT: #21% Genmar Industries, Inc., 1440 Shoreline Drive - Conditional Use Permit'VariaiKC - Public Hearing Zoning Dbtrict: B-2 Lakeshore Business District. Application: Request for conditional use permit and variances to excavate and remove £^)proximately 5,000 cubic yards of material fiom the site of a proposed paiidng lot on the west side of Shoreline Drive near the Tanager Lake channel. The proposal requires variances for excavation and hardcover within the 0-75' lakeshore setback zone, as well as for extensive land alteration and intensive vegetation clearing in a bluff impact zone. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Letter of Request/Hardships E - Hardcover Calculations F - Survey G - Existing Site Plan H - Proposed Site Plan I - Proposed Grading Plan J - Existing Topography K - City Engineer Comments L - DNR Comments (Not received as of 11-15-96) M - State Archaeologists Comments N - Bluff Status Determination O - Comprehensive Plan Excerpts P - Police Incident R''“*orts Q - LMCD 1989 Approval of Additional Tanager Lake Slips Summary of Request Please review the applicant's letter of request. Exhibit D. Applicant proposes to construct a parking lot just north of the Tanager Lake bridge between County Road 15 and Tanager Lake. This project would involve the removal of approximately 5,000 cubic yards of soil, a portion of which is located less than 75' from the shoreline. The parking lot is proposed at an elevation ranging from Zoning File #2196 November 15, 1996 Page 2 approximately 940-944’ or approximately 6-8' above the surface of County Road 15. This will require the removal of approximately the top 25-30’ of this blutT feature, which according to i^plicant’s submittal rises to an elevation of 974 or approximately 45' above the lake level. As noted in applicant's submittal, the access to this parking area is north of the bluff and within 75' of the shoreline. The project as proposed requires the following City j^iprovals: 1. Conditional use permit for land alteration in excess of 100 cubic yards (10.03, Subdl. 21). 2.Variance for land alterations within 75' of the shoreline (10.22, Subd. 2; 10.55, Subd. 8; 10.56, Subd. 16[J]). 3 . Hardcover within 75' of the shoreline (10.22, Subd. 2; 10.55, Subd. 8; 10.56, Subd. 16[L]). 4.Intensive vegetation clearing w ithin 75' of the shoreline and in a bluff impact zone (10.56, Subd. 16fll). 5. Hardcover in 75-250' zone in excess of 25% allow-ed (10.22, Subd. 2; 10.56, Subd. 16[L]). Agencies from which the City has requested comment on this application include the DNR, MCWD, and Hennepin County Public Works. Applicant has also contacted the State Archaeologist. # Inconsistency w ith Comprehensive Plan ^ The 1980 City of Orono Community Management Plan ("Comprehensive Plan") contains a number of general land use and environmental protection goals and policies with which the proposed land alteration would be inconsistent. Specifically, General Land Use Policy No. 6 on page 4-13 indicates that "lake shorelines will be protected from alteration. Shoreland areas, whether bluff, beach or flood plain, are sensitive environmental features with significant impact on lake water quality', aesthetic values and land use function. These same factors act to draw development which can be destructive if not properly regulated. Natural vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clear cutting will be prohibited . . In General Land Use Policy No. 13, the Comprehensive Plan states "future developments must enhance the environment. Land development should respect and enhance the unique natural features of the site and the general environmental assets of the community. Preservation of natural views, vegetation, drainage and general respect for unique site features always producing more aesthetic results and lasting value for the property owner «nd the community than does w holesale alteration of the landscape or mathematical division to the highest possible density." Zoning File #2196 November 15, 1996 Page 3 The Environmental Protection Goals on page 3 20 include the following: "Lake shorelines will be protected from alteration. Natural vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clear cutting will be prohibited. In areas of soil or wave action erosion, natural stone rip rap shoreline protection will be encouraged." The Citv' has on numerous past occasions relied on these and other principles contained within the Comprehensive Plan, to deny land alteration conditicnal use permits and specifically, variances for grading within the 0-75' lakeshore setback zone, in cases where excavation and lowering of the natural lakeshore grades was proposed in order to. for instance, allow the creation of a walkout residence. The City has long taken the position that such excavations create an artificial and unnatural lakeshore t^>pearance. The existing bluff proposed to be excavate a|^)ears as a natural feature on the landscape. The State Archaeologist has given an opinion that this is a natural t^mnant glacial feature and likely is not dredge spoil. In staffs opinion, its alteration as proposed would be inconsistent with the goals and policies in the Comprehensive Plan. Hardcover Variance Applicant has provided hardcover calculations based on the portion of property located west of County Road 15 for purposes of this review. 0-75’ hardcover will increase from .06% to 7.30%, due mainly to the 25' access driveway at the north end of the padcing lot. In the 75-250’ zone, hardcover would increase from 0% to 53.57%, where only 25% hardcover is allowed. Bluff Status Staff has completed a cross section analysis of the existing hill, and determined that based on the zoning code criteria, the hill is in fact a bluff by definition, because: a. It is within the Shoreland District. b. The slope rises at least 25' above the OHWL (it actually rises approximately 40-45' above the OHWL). c. The grade from the toe of the bluff to a point 25' or more above the OHWL is greater than 30% (based on the zoning code definition.' uf "toe of bluff the grade is 63%, although at some locations it is 100% or a 1:1 slope). d. The slope drains toward the water body. Orono’s bluff protection requirements were created as part of the Shoreland Management Ordinance adopted by the City Council in 1992. While the City has granted a number of variances for construction of buildings within the bluff impact zone, this is the only request the City has received which proposes the total destruction and removal of a bluff feature. Zoning File #2196 November 15, 1996 Page 4 Intensive Vegetation Removal Shoreland Ordinance Section 10.56, Subd. 16(1) prohibits removal of live trees within the 0-75’ setback zone that are 6" or greater in diameter, unless a permit has been issued by City staff. That section requires replace of an equivalent number of trees of a size and nature found acceptable to staff. Section 16(1-2) prohibits intensive vegetation clearing within 75' of the shoreline and on steep slopes and in bluff impact zones. Intensive vegetation clearing is defined as the complete removal of trees or shrubs in a contiguous patch, strip, row or block. Since virtually the entire feature is within the bluff impact zone, excavation in an area approximately 100’ wide and 200' long certainly would be considered as intensive vegetation clearing. Hardship Statement Please re\ iew applicant's statement of hardship on the second page of Exhibit D. Applicant suggests that the property area and configuration would not allow the proposed use without the hardcover variances. One can either construe this fact as a hardship to the property, or can conclude that the property is not suitable for the proposed use. The safety concern is also noted as a justification for granting the variances. The compelling reason for the request ultimately is the over-development of the dockage system on Tanager Lake. In 1989 the Lake Minnetonka Conserv ation District approved an expansion from the pre-existing 25 slips on Tanager Lake to 64 slips, an increase of 39 slips. The LMCD approved this apparently without consideration of the ability of the land base to support such an increase in intensity of use. LMCD granted a special density license based on Minnetonka Boat Works providing a number of public 'amenities' (See Exhibit Q). The City Council subsequently and upon advice of the City Attorney, chose not to oppose the LMCD and ultimately allowed Minnetonka Boat Works to increase the size of the parking lot on the east side of County Road 15 to accommodate these slips, at the City required ratio of 6 stalls per 10 slips. How’ever, a variance w^as granted at that time to allow those stalls to be across the County Road from the slips they serve. Genmar is now concurrently proposing a revised use of their property on the east side of County Road 15 which requires additional parking spaces. In order to provide those spaces and also to provide a safer parking area for the Tanager Lake slip users, the current parking lot request has been subrr.itted. Safety Issues When the 39 slips were added on Tanager Lake, a requirement of the City’s parking expansion approval was striping of a pedestrian cross walk approximately at the north end of the Genmar property. Windward Marina (to the immediate north of the Genmar property) was redeveloped at about this same time. Staff has been advised by the owner of Windward Marina that on busy Zoning File #2196 November 15,1996 Page 5 weekends, Genniar customers have been known to use Windward Marina's parking areas, not only to avoid having to walk across County Road 15, but because the Genmar parking lot has been full. It is difficult to argue against the need for Genmar parking on the w^st side of County Road 15, other than to argue that the additional 39 slips should not have been allow*ed in the first place. However, those slips exist and unless the property owner agrees to eliminate a significant number of those slips or the City forces that to occur, a parking and crossing safety problem will exist. Police Chief Cheswick was asked to comment on the proposed new parking area. He noted the following: Creating an additional access point on County Road 15 at this location will not necessarily enhance the safety of that County Road. The additional traffic ingress/egress will add one more potential problem point along that road. In addition, parking that close to the Tanager Lake bridge will likely increase the amount of trespassing and pedestrian traffic in the area of the channel. Mr. Jacobs, owner of Genmar, has indicated that trespass and the safety of trespassers on the property continues to be a problem, especially near the bridge. The cross walk required by the City is likely little used and as functionally ineffective as most other cross wnlks that are not optimally located. A better solution to the problem of pedestrian traffic crossing County Road 15 might be installation of a bridge or a tunnel across the road. The existing traffic level of 20,000 cars per day is likely not going to decrease, and this site will only become a greater concern in the future. The concept of a tunnel or pedestrian bridge was discussed in 1989, but cost and security issues were given as reasons this did not go forward. The police department has provided an eight year histoiy' of incidents in the stretch from the Tanager Lake bridge to just north of Windward Maiina. The number of recorded incidents involving pedestrian slip users crossing County Road 15 is indiscernible. However, these records do not indicate the number of close calls, or define the degree of inconvenience experienced by marina users waiting for a gap in the traffic. Engineering Review- City Engineer Shawn Gustafson has reviewed the proposed parking layout from an engineering standpoint and finds it generally acceptable. Please review his letter dated November 4, 1996 (Exhibit K). Note the following engineering concerns: 1.The skimming and ponding basins should be expanded to accommodate the runoff from a 2 1/2" rainfall to meet the NURP standards. Zoning File #2196 November 15, 1996 Page 6 2. The plans should be submitted to the MCWD for review and approval. 3. 4. The plans should also be sent to the DNR for review and comment. Haul route, disposal location, construction schedule and traffic control plans need to be developed. 5.Applicant would be responsi ble for cleaning the surface of any paved public streets that become soiled. 6. The City must retain the authority to control hauling activity based on weather conditions. Parking Requirements for New Building As a separate but related application, Genmar is proposing to remove the old brown building at the northeast end of their projDerty , and replace it with a smaller structure intended to serve as an office for a new boat sales operation at the site. This marina was approved in 1989 for the minimum required number of parking spaces absent any retail operation occurring on the property. The 111 slips require 67 parking stalls at a required ratio of 6 stalls per 10 slips, and 68 spaces exist. The addition of retail activity at this site will require an additional 8 parking stalls, and applicant proposes to con\ ert 12 slips from rental/lease usage to use for storing boats that are for sale. The net result is a request for a 3 stall variance absent the ability to create additional parking on the west side of the property. This is further discussed w ith the commercial site plan and variance request. Application #2195. Issues for Consideration 1.Absent the safety issue, would there be any justification for approving the severe land alterations proposed in order to create a parking lot? 2.Are the hardships presented in support of the variances based on circumstances of the natural land features, or merely a function of the over-use of this environmentally sensitive property? 3. 4. Will granting of the variances alter the essential character of the locality? Is the plight of the landowner due to circumstances unique to the property, or are the circumstances created by the land owner? 5. 6. Can the property be put to a reasonable use if the variances are not granted? Would the City be better served by creating additional parking on the east side of County 1 Zoning File #21% November 15, 19% Page 7 Road 15 rather than approving the proposed new parking lot? Or. considering the excessive hardcover already existing on the east side of the property, is it more appropriate to place limits on the current or future use of the site? Should an alternative means for pedestrian crossing of County Road 15 be explored in greater depth? SiafT Recommendation Staff recommends that other options for providing safe access for the Tanager Lake 'lip users be explored ratter than removal of a bluff landscape feature, the removal of which would be totally inconsistent with Orono's Comprehensive Plan. Options for Action 1. Approve variances and conditional use permit as proposed. 2. Approve with specific conditions. 3. Table for further review or further specific information. 4.Recommend denial. 5.Other. ^ -a j- ii-4 I- fi V Application # // ^(*» Diite Received /C - CITY OF ORONO - GENER.AL LAND USE APPLICATION Amount Paid *LfOO. cC /✓I %~72^ PROPERTY LOCATION Site Address Minnetonka Boatworks* .1419 Shoreline Drive* Orono, MN Type of Application to be Filed rnnHir innn i anrt Vgvian/-«:> Propertv ’ Identification Number (P.I.D.) 11-117-25 25 0001 _______ APPLICANT Name Genmar Industries, Inc. Phone (home) Phone (work)557- 1805 Address lOO S. 5th St.^ Suite 24 0 City Mi nnpaprti 1 MNZip ^ a n ? c/o Mary P. McConnell Phone (home)_____________ _____________ Phone (work)_____________ OWNER (if different than applicant) Name N/A Address Citv Zip Da^u Property Acquired August 1985 _________ I (do not) also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - 2 .X S 75.00 For each variance request with CUP application _____SI75.00 Residential Accessory Use _____S250.00 Institutional (church, school, etc.) ______S225.00 Gueat House/Guest Apartments _____S200.00 Duplex Credit'Bldg ______S300.00 Commercial/Industrial Use X S250.00 Land Alteration ____Grading and filling - designated wetland or floodplain X Grading and filling - 101 cu. yd. oi more ____ Grading, seawall, retaining walls within 75* of lakeshore PRO-TID - see Fee Schedule SI50.00 Renewal Fee (no change from original application) Afte.-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____S250.C0 Commercial Site Plan Review (+ consultant fees) _____S300.00 Vacation _____S200.00 Easement Vacation _____SI00.00 Easement Vacation With Subdivision _____S350.00 Rezoning (PUD - refer to fee schedule) _____S350.00 Comprehensive Plan. Amendment _____SI00.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District Lakeshore Business District Present Use of Property ______Residential X Other (specify)Marina CUl h k REQUIRED SUBMITTALS 1. 2. Completed Application Form. 4. 5. 6. 7. 8. 9. Describe request in detail. Certified Propert> Owners List of owners within 350’, labels and plat map (} -»u ’ must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348*3271). Certificate of Surve> (signed by a licensed surveyor) - refer to handout for survey information. Anach 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 o\vner(s). Construction plan, if applicable (see staff for requirements). _ As an addendum to this application, please anach a separate li^* of any other persons y» i wish notified of this application. YOU ARE REQUIRED TO SUPPLY’ 30 COPIES OF LARGE DOCL'^IENTS OR COPY FOR REPRODUCTION (11” X 17” OR SMALLER) FOR ALL DOCUMENTS SUB.MITTED. (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 ir formation has not been included. Cenification by Clerical Department that Land Use Application is complete, Initials of Cleri'cal Staff:.___________________________ Date----------------- applicant s signature . u . 7 • „ The applicant hereby agrees to provide all information required or requested b> 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 hi^er knowledge. AP ^ u-M.T OWTsER ’S signature ,v, ^ The owner herebv acknowledees and agrees to this application and further authorized reasonablf ?ntr>' onto the propeny by City staff. consultanB, agents, commission members, and Council members for purposes of in' estigation and verification of this request. Owner's signature I'7 Date IQ y T-" 7^ Building & Zoning Office of this change prior to the meeting. RUN BATE 10/24/911EATOI 512#R0R ACMomER mmTAXPATEIINAHE/AODR /MR ADM OMCB NANI TAXPAYER MAHE/AOM QNNER NAME TAXPAYER NAME/AOOR PROP ADOR OltCi NAHi TAXPAYER NAME/ADDR Sa 11-117-25 22 0004 01440 SNOREL* 1 M JAMES P RIVERS ;.TAt JANES P RIVERS 1444 SNORELIHE OR MAYZATA HN 55591 I* 11-117-25 22 0007 OOOSa ADDRESS UNASSIGNEl J P A H A RIVERS JAMES P A MARY A RIVERS 1444 SNORE LINE DR MAYZATA MN 55591 55 11-117-25 22 0013 00056 ADMESS UNASSIGI^D THE CITY Of rnOMO CITY Of ORONO P 0 BOX 64 CRYSTAL BAY MN 55525 SB 11-117-25 25 0001 0005B ADDRESS UfMSSIGNED 6ENMAR INDUSTRIES IfC HINNETCNKA BOAT MORfC P 0 BOX 549 MAYZATA MN 55591 HENNEPIN county PROPERTY INTORMATION S>5TEM PROPERTY Olt€M LIST58 11-117-25 22 000501442 SHORELINE DR JAMES P RIVERS ETAL JMmS P RIVERS 1444 SHORELINE DR MAYZATA m 55591 58 11-117-25 22 0008 01449 SHORELINE DR GENHAR IIOUSTRIES INC MINTCTONKA BOAT HORR P 0 BOX 549 MAYZATA MN 55591 58 11-117-25 22 0014 01452 SHORELIflE OR LAUREN E DORN ETAL LAUREN C BORN 1452 SHORELINE OR MAYZATA MN 55591 58 11-117-25 25 0002 01475 SHORELINE OR 0 M I E A SCHMITT DOUGLAS R A ELLEN A SCHKirr 1475 SHORELINE DR HAfZATA HN 55591 REPMT NO. PI45S40IPAGf 5558 11-117-25 22 000401444 SNORELINE DR J P I M A RIVERS JAMES P I MARY A RIVERS 1444 SHORELINE OR MAYZATA HN 55591 58 11-117-25 22 0010 0005B ADDRESS UNASSIl^O J P I H A RIVERS JAMES P t MARY A RIVERS 1444 SHORELINE DR 4AYZATA m 5S591 5B 11-117-25 22 0015 01420 SHORELINE DR S B i A B SILL STEVEN B a AMANDA B SILL 1420 SHORELINE DR MAYZATA MN 55591 58 11-117-25 25 0011 01485 GREEN TREES RO 0 L A H H VERGEYLE DAVID A MARGARET VERGEYLE 1465 GREEN TREES RO MAYZATA MN 55391 . ■ ■■ * \S PROP ADOR ONNER NAME TAXPAYER NAME/AOOR 58 11-117-25 25 0012 01495 GREEN TREES RO J A HALKER ASS MALKER JAMES A A SHARa4 S MALKER 1495 GREEN TREES RO MAYZATA MN 55'91 58 11-117-25 25 0017 00058 ADDRESS UNASSICNEO CAS PLATOU CARL N A SUSAN PLATOU 1480 GREEN TREES RO MAYZATA 104 55391 TOTAL BATCH 512 00014 n A • Exhibit 1 to Conditional Usa Permit and Variance Application • Genmar Industries, Inc. Genmar proposes to construct a parking lot adjacent to Tanager Lake on the west side of Highway 15 on the portion of the property known as the Minnetonka BoatworVs, 1449 Shoreline Drive in Orono, Minnesota The parking lot will provide safer and more convenient parking to users of the rental slips adjacent to Tanager Lake west of Highway 15, Presently, boaters access the Tanager slips by parking in the existing lot located adjacent to Lake Minnetonka east of Highway 15 Beaters must then cross over Highway 15 to access their slips. Given the heavy traffic conditions on Highway 15 during peak boating days, the proposed lot would provide a much safer access point to slips Existing Conditions Currently, the parcel of the property is undeveloped. The location where the parking area will be constructed is characterized by a steep hill, which is approximately 25 feet tall and constructed of dredged spoils. We have contacted the State Archaeologist who will provide a determination on whether the site presents any archaeological significance. Trees and understory arc located in this area. Proposal. 1. Parking Area Specifications and Setback. The proposed parking area will be constructed following the limited removal of trees and excavation of soil. Approximately 5,000 cubic yards of soil will be removed from center of the hill area as shown on the enclosed site and grading plan. Vegetated berms surrounding the parking area will be left in place to provide a visual screening from Highway 15 and Tanager Lake. Following grading, the surface of the parking area will be graveled. This lot will provide 28 parking spots in an area approximately 55 by 170 feet. Vehicle access to the parking lot will be provided from Highway 15. Genmar has discussed the acquisition of an access permit with Hennepin County staff during a site meeting held on October 23, 1996. Hennepin County staff indicated that an access permit would be provided if the road entrance could be moved as far as feasible to the north to provide sufficient sight distance for traffic. The proposid road entrance location requires placement of the entrance, and road connecting the entrance to the lot, to be within the 75 foot setback from Tanager Lake. The access from the parking lot to the Tanager Lake slips will be a four- foot wide walkway with gravel and wooden steps where required. All other portions of the parking lot are in conformance with the 75 foot lake setbacks and 30 foot frontyard setbacks. Runoff from the parking lot will be directed to a ponding basin and skimming structure as shown on the attached grading plan. • r* }i ^ V ■!'.*■ ...'•' ** t. 2. Parking Lot Us9. The proposed lot will be used only by persons renting slips from the marina manager. “Private - No Trespassing ’ signs will be posted. Construction of this lot will allow the marina to operate without obtaining a variance for parking for the project proposed adjacent to Lake Minnetonka east of Highway 15. These parking spaces will also allow the entire marina (Minnetonka and Tanager) to conform to existing parking ordinance requirements Variances Required. 1. Setback. As noted, a portion of the road entrance and road connecting the entrance to the lot will be within the 75 foot setback from Tanager Lake. The area falling within the setback has been minimized and is required by Hennepin County to provide sufficient sight distance for traffic. 2. Hardcover. The proposed project would require a variance in both the 0- 75 foot zone and 75-250 foot zone. The hardcover area within the 0-75 foot zone would be 3,295 square feet. According to the ordinance, no hardcover is allowed within this zone without a variance so a variance would be required for the entire 3,295 square feet. The hardcover area within the 75 - 250 foot zone would be 9,299 square feet or 53.57% of the total area within this zone The ordinance allows 25% hardcover vyithin this zone so a variance of 4959 square feet or 28.57% percent would be required. (See hardcover calculation sheet). Hardship/Description of Unusual Property Conditions. The property has been used as a commercial marina for over 45 years. The property is not deep enough to allow the construction of the parking area without a hardcover variance. The access road is required to encroach within the 0-75 foot lake setback due to Hennepin County highway requirements for sight distances for oncoming traffic and persons entering or exiting the lot. The construction adds to the safety of marina operation by providing parking near the slips located on Tanager Lake. Presently, marina customers must cross Highway 15 to access the slips. This Highway is heavily traveled and poses a safety risk to pedestrians trying to cross the Highway during certain times. The extra parking provided by this proposal ensures that the entire marina (Minnetonka/Tanager) meets all current parking ordinance requirements. \%t % 7. 10/'25/S6 G6:53 NO. 624 PROJECT : MINNETONKA BOAT WORKS LOCATION: ORONO. MINNESOTA OCTOBER 25. 1996 PREPARED FOR: GENMAR PREPARED BY : SATHRE-BERGQUIST. INC e • , i ‘ J NOTE; ALL AREAS DETERMINED BY PLANIMETERING SUBJECT: HARDCOVER CALCUATION WORK SHEET LOCATION : WEST SIDE OF C.S.A.H. NO. 15 SETBACK ZONE: I 75-250*250-500*500-1000* EXISTING HARDCOVER IN ZONE HARDCOVER ITEM LENGTH (FT) x WIDTH (FT) DOCKS TOTAL HARDCOVER IN ZONE (0-75*) « SQUARE FEET (SF) 25 SF 25 SF TOTAL PROPERTY IN ZONE (0-75 ) PERCENTAGE OF HARDCOVER IN ZONE (0-75) 45.111 SF 0.06% FOR THE EXISTING CONDITION LOCATION : WEST SIDE OF C.S.A.H. NO. 15 SETBACK ZONE ; \0^75-250 ’250-500*500-1000* PROPOSED HARDCOVER IN ZONE HARDCOVER ITEM LENGTH (FT) X WIDTH (FT) = SQUARE FEET (SF) ENTRANCE DRIVE GRAVEL TRAILS DOCKS 2.950 SF 320 SF 25 SF TOTAL HARDCOVER IN ZONE (0-75 ) = TOTAL PROPER! Y IN ZONE (0-75 ) PERCENTAGE OF HARDCOVER IN ZONE (0-75 ) = 3.295 SF 45.111 SF 7.30% FOR THE PROPOSED CONDITION mStm . lE/25^06:53 K3.624 . C^. PROJECT : MINNETONKA BOAT WORKS LOCATION : ORONO. MINNESOTA OCTOBER 25. 1996 i PREPARED FOR: GENMAR PREPARED BY : SATHRE-BERGQUIST. INC. .y NOTE : ALL AREAS DETERMINED BY PLANIMETERING SUBJECT: HARDCOVER CALCUATION WORK SHEET LOCATION : WEST SIDE OF C.S.A.H. NO 15 SETBACK ZONE;Q-75* I 75-2501 250-500'500-1000' EXISTING HARDCOVER IN ZONE HARDCOVER ITEM LENGTH (FT) x WIDTH (FT) •• ^r^SS‘SS2S^S^K'X^SS3BS»S5SS SS S S25^ ^ M ^ ^ ^ ^ ^ ^ ^ TOTAL HARDCOVER IN ZONE (75-250 ) SQUARE FEET (SF) OSF TOTAL PROPERTY IN ZONE (75-250 ) * PERCENTAGE OF HARDCOVER IN ZONE (0-75 ) « 17,360 SF 0.00% FOR THE EXISTING CONDITION LOCATION : WEST SIDE OF C.S.A H. NO. 15 SETBACK ZONE:0-75* I 75-2501 250-500*500-1000' PROPOSED HARDCOVER IN ZONE HARDCOVER ITEM LENGTH (FT) x WIDTH (FT) = SQUARE FEET (SF) ENTRANCE DRIVE GRAVEL TRAILS PARKING LOT 24 SF 24 SF 9,275 SF TOTAL HARDCOVER IN ZONE (75-250') = TOTAL PROPERTY IN ZONE (75-250) = PERCENTAGE OF HARDCOVER IN ZONE (0-75 ) = 9,299 SF 17,360 SF 53.57% FOR THE PROPOSED CONDITION < 4 * f- “ “I ! !ia w m > Hzzm maooe 5 Zo nc: 00 f'' u| fli •I > H Z 3m ma Ooc H zo 6 S 5 9 I I S 1S 8• B H r 5 S i I 91 I li ** B•• • • III t •* ' * '-j .J I o f 9*626 9-0C6 9*626 & (■, j 1.-3 o U n Q 1/1 Bonestroo Rosene Anderlik& Associates Engineers & Architects Bonei^'OO Pcierte Anjv hf> A j fryc H Affrrm.»ti\. o Actton Of^?orfun/fy frrp/ove* PrtfyciD^fi Otto G Bonestroo PI • Joseph C Andefi** P£ • M<^rvin L Sorvai<t. PE • RiCh.vd E Turner PE • Clem .7 Cook Pfe • Thom.^i 6 Ncyes Pt • ffohe^t G Schunicht Tfc • Jerry A Bourdon PE • RcDert VI Rosene PE and Sutan V EOerlm CPA Senior Consultants Asi.r'C tr^ nc/pj/^ Hc.va'd A Sanford PE • Keitr-j A Gordon PE • Robert R Pfef^ene. Pf • Richard \H Ecctc" P[ • Dav d O Lo -Shta r’E • PoDert C Russeit A I A • Mark A Hanson. PE • Michael T Rautrrann PE • led K Field PE • Kenneth P Anderson PE • Mark R Rolfs. PE • S dre/ P >Vit'iamson PE L S • RoOeri F Koismeth C*' St P^u! Rochc'i’er Vtilin>a» aod St Ooud MN • Ve(|uon Wl November 4. 1996 s ^fOth a.'} t - ff - iv ,' ♦ % Mr. Michael P. Gaffron, Asst. Building and Zoning Administrator City of Orono Post Office Box 66 Ciy stal Bay, Minnesota 55323 [NOV. !7 1896 Re: Genmar File No. 139-2195 Dear Mike. We have reviewed the grading plan for the proposed gravel parking lot for Genmar (Minnetonka Boatworks). The plan provides 28 parking spaces. The lot elevation is shown approximately 6 feet above CSAH 15, A 15-foot berm and a few trees will remtiin between the roadway and the parking lot. A 22-foot berm and the majority of the trees on the site will remain between the shoreline and the parking lot. The grades, drainage and erosion control measures shown for the parking lot are acceptable from an engineering standpoint. The skimming and ponding basins should be expanded to accommodate the runoff from a 2 inch rainfall to meet the NURP standards in the City’s Subdivision Code. The plans should be submitted to the Minnehaha Creek Watershed District for their review and approval. The plans should also be sent to the Department of Natural Resources for their review and comments. A few thousand cubic yards of excess material will need to hauled away from the site. The haul route, disposal location, construction schedule, and traffic control plan should be submitted to the City for approval prior to commencing with the work. The applicant should be responsible for cleaning the sunace or any paved public street that becomes soiled due to the construction activities on this project. For safety reasons, in times of inclement weather or early thaw, the City must have the authority to stop all hauling activity on the project until such time that the City determines necessary. 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 55113-3898 • 612-636-4600 STATE ARCHAEOLOGIST ID:NUV U'yb 1^;: No .UUb r .ui L Uiu Jeffery Mcll^ Geninar Holdings. Inc. 100 S. Hfth Street. Suite 2400 Minneapolis. MN 55402 M \ \ ^ .V* foo November 13, 1996 REi Topographic Feature 0 T117N/R23W. Soction Tl, NEVVNWV. (Hennepin County) Dear Mr. Mclby: As we have previously discussed, the above feature was examined in-field this office on 11.05.96. The above indicates that the hummock is a remnant glacial feature similar to other such features found in the immediate area; it docs not appear to be a dredge pile and is not an a prehistoric burial mound. While the prominence of the hummock may have made it a likely spot for a small archaeological or burial site (atop the hummock), the feature has been extensively impacted by prior excavation which would have destroyed such a site. Nonetheless, please note that MN Stat 307.08 (overview enclosed) prohibits the disturbance of human burial sites or remains; you arc to contact this office immediately in the event that human remains are inadvenentiy uncovered or otherwise discovered at any time during project development. Contact me directly if you require any additional information or clarification. enc. oc; J. Jones, MIAC Fort Snelling History Cunier, St. Paul, MN 55111 Tel: (612) 725-2411; FAX: (612) 725-2427 ■d 4 blrtTE HRCHRtULUbibI lU:l'«UV 1 JU 1 • W* I I ’I U . W V-‘ W I OfHce of the Slate Archaeologist Fort Snalling HUtoiy Ccntor SuPaiil,MN SSlll-4061 Mark J. Dudtlk* State ArckaeologicI (612) 72S-2411; FAX (612) 725*2427 Mioaeroto SutuUa 13831*131.42 aad 307.08 Establisbed in 1963. the OrHcc of the Stale Archaeologist (OSA) Is charged with sponsoring, conducting and directing rsaearch into the prehistoric and historic archaeology of MinnesoU; protecting and preserving archaeological sites andobjecU; disseminating archaeological information through the publication of reports aad articles; ideotifyiofu authenticating and protecting human burial sites, reviewing and licensing archaeological fieldwork conducted within the state; and enforcing provisions of MN Statutes 138.31*138.42 The Stale Aidiaoologtst is ■ professional archaeologist appointed hy the Minnesota Historical Society. Under MN Suiules 138.31*138.42, liocosure through the OSA is required for field archaeology undertaken on all lands or waters owned, leased by or subject to the paramount right of the slate or iU subdivisions, as well as on lands impacted by publicly-funded deveiopmeot projecu. Proposed projects are reviewed to assess the appropriateness of research methodology and to assist in identifying strategies for mitigating potential adverse effects to known cultural resources. Only professional archaeologists meeting the Secretary of the interior’s Standards for Archaaaiofff (36 CFR Part 61) may be licensed to conduct such investigations in the slate o( Minnesota. A copy of the application form including terms and conditions for licensure can be obtained by cootacting the above address. MinneaoU'a"Private Cemeteries Act* (307.08) affords all human remains and burials older than .50 years, and located outside of platted, recorded or identified cemeteries, protection from unauthorized disturbance; this statute applies to burials on either public or private lands or waters. Authentication of burial sites is ,y^ndvr«f^ under the sole auspices of the OSA per this statute. In the event that a burial is either known or suipetled to be asaodated with American Indian peoples, the OSA works in concert with the Minnesota Indian Affairs Council (MIAC) to ensure the integrity of such burial sites. Guidelines for the protection of burials covered under this act have been developed jointly by the OSA and MIAC. The OSA maintains a database of idontified burial sites in the slate. The OSA also maintains a daUbase of the state’s idcnliried archaeological sites in collaboration with the Minnesota State Historic Preservation Office (SHPO). For further information on this database, please contact cither the above number or the SHPO (see separate listing under 'Minnesota Historical Society"). ^ I ENVIRONMENT JUNE, 1980 6.THE WETLANDS AND MARSHLANDS OF THE CITY WILL BE PROTECTED AND PRESERVED AS WILDLIFE HABITATS, AS UNIQUE OPEN SPACES, AND AS THE ONLY ECONOMICALLY PRACTICAL METHOD OF FLOOD PROTECTION AND STORM WATER RUNOFF FILTRATION. The Harza Study, the 208 Water Quality Management study, and Orono's Surface Water Management Plan all recommend this approach to permanent water quality management for Lake Minnetonka. In addition, the Orono Plan goes on to identify individual wetlands and marshlands that require protection as part of the City's storm water management program. the policy of this plan to effectuate the policies and recommen dations of the 1974 Orono Surface Water Management Plan. 7.PROTECTION OF THE CITY'S MARSHLAND, WETLANDS AND DRAINAGEV.’AYS SHALL INCLUDE PROTECTION OF ADJOINING LANDS AND PREVENTION OF DRAINAGE, FILLING, DREDGING OR WETLAND'S VEGETATION REMOVAL. Ordinances will setbacks for all land alteration or construction. Wherever possible.* the City will acquire open space and flowagc easements for conservation of these lands. 8. LAKE SHORELINES WILL BE PROTECTED FROM ALTERATION. Natural vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clearcutting will be prohibited. In areas of soil action erosion, natural stone rip rap shoreline protection will be encouraged. 10.LAKE BED ALTERATIONS WILL BE DISCOURAGED BECAUSE OF ADVERSE SHORT-TERM AND LONG-TERM EFFECTS ON WATER QUALITY. Dredging of lake beds releases large amounts of otherwise trapped nutrients and silt which adversely affects water quality for long periods of time. Dredging of new channels or inlets will not be approved to provide riparian access where none existed naturally. Dredging will be permitted in limited circumstances only where absolutely necessary to maintain existing natural riparian access permanently lost by something beyond the control of the landowner. Periodic low water conditions or the owner's desire for deeper draft watercraft are not sufficient reasons for disrupting sensitive lake beds. • i CMP 3-20 i i I IPROTECTION OF LAKE RESOURCES WILL ALLOW REASONABLE ACCESS, USE AND ENJOYMENT WHILE PREVENTING OVERCROWDING AND EXCESSIVE ENCROACHMENT. In conformance with Mn. DNR Shoreline Management regulations for recreational development lakes, the City will prohibit overly dense development within 1,000 feet of Lake Minnetonka. Lake use regulations promoted to limit excessive boat density and overuse of sensitive bays. Land use regulations will be developed to provide reasonable control over building density, land alteration and lakeshore encroachment. | I I I [| II LAND USE JUNE, 1980 3. 4. 5. DEVELOPMENT DENSITY WILL BE LIMITED THROUGHOUT THE CITY TO A LEVEL WHICH WILL NOT OVERLOAD THE NATURAL SURFACE WATER DRAINAGE AND FILTRATION SYSTEM* Uirb3nlzd^i.on i.ncfsdsss the speed and quantity of surface runoff while decreasing the water quality. Developed land use densities will be determined by comparison between known levels of volume and pollution generation and known marshland capacity for ponding and nutrient assimilation. THE WETLANDS AND MARSHLANDS OF THE CITY WILL BE PROTECTED AND PRESERVED AS WILDLIFE HABITATS, AS UNIQUE OPEN SPACES, AND AS THE ONLY ECONOMICALLY PRACTICAL METHOD OF FLOOD PROTECTION AND STORM WATER RUNOFF FILTRATION. Wetlands, drainageways and floodplains will be protected from encroachment and from alteration or destruction by filling, grading, excavation or drainage. Wherever possible, the City will acquire open space and flowage ease ments for conservation of these lands. PROTECTION OF LAKE RESOURCES WILL ALLOW REASONABLE ACCESS, USE AND ENJOYMENT WHILE PREVENTING OVERCROWDING AND EXCESSIVE ENCROACHMENT In conformance with Mn. DNR Shoreline Management regulations for recreational development lakes, Orono will prohibit overly dense development 1,000 feet of Lake Minnetonka. Lake use regulations will be promoted to limit excessive boat density and overuse of sensitive bays. Land use regulations will be developed to provide reasonable control over building density, land alteration and lakeshore encroachment. LAKE SHORELINES WILL BE PROTECTED FROM ALTERATION. Shoreland areas, whether bluff, beach or floodplain, are sensitive environmental features with significant impact on lake water quality, aesthetic values and land use function. These same factors act to draw development which can be destructive if not properly regulated. Natural vegetation in shoreland areas will be preserved insofar as practical and reason able in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clear- cutting will be prohibited. In areas of soil or wave action erosion, material stone rip rap shoreline protection will be encouraged. CMP 4-13 • 1• ,! i il I'. f ; I • 4 . » h j ;l T i LAND USE JUNE, 1980 I 1 1 1 a 1 14. 15. 16. FUTURE DEVELOPMENT MUST ENHANCE THE ENVIRONMENT. Land development should respect and enhance the unique natural features of the site and the general environmental assets of the community. Preservation of natural views, vegetation, drainage and general respect for unique site features always produces more aesthetic results and lasting valu'^ for the property owner and the community than does wholesale alteration of the landscape or mathematical division to the highest possible density. PHYSICAL IMPROVEMENTS REQUIRED TO ACCOMMODATE NEW DL^HELOPMENT MUST BE PROVIDED BY THE DEVELOPER. Whenever required, improvements must be provided by the developer. Because the City has limited staff and limited bonding potential, physical improvements such as roads, drainage and utilities required to accommodate new subdivisions or development should be designed, financed and installed directly by the benefited developer as a precondition to increased land use density. In addition, this philosophy includes developer responsibility for special fire protection equipment or devices in the case of unusual land uses or building configura tions, and/or special security services in the case of unusual public safety situations. ALL PHYSICAL IMPROVEMENTS MUST CONFORM TO CITY STANDARDS. Physical improvements related to health, safety or community systems such as roads, pathways, drainage or utility systems will be designed, located and constructed to uniform, City- established standards to ensure proper fxinctioning and compatibility with overall City plans. DEVELOPERS MUST DEDICATE LANDS REQUIRED FOR PUBLIC USE. Land subdivision or any development that results in increased land use density, and hence increased demand for municipal services, will be expected to include public dedication of lands necessary for additional road rights of way, parks, playgrounds, open space, ponds or storm water holding areas whenever such facilities are directly used by the subdivided land or required by such density increase. CMP 4-15 : MO VC 10 WED, NOV 6, 19V6,4: F M Mni/K>L3 INDUIKV r'.EKUItT FUK SHORELl / TANftbER r F:t?o. Bv : 3 ZO •M^O G*^ido: 16 i4L'DKbS» ------------ Riiporting Di.*trict; 4 -------------- L'e-icr i Ot » g: ECD • Mo CK96»A4:7 Inv Cpd?> U‘i496 9 7«hC bt jii » TAi IbbUED Cf 966 107196 9 90 ‘»2 ?»FI CD TAU iblur.E CR963974 J 3300 DWl -MISD CLEmRLD l*V AFREST rr.7660l3 l'.*i;.96 9 9«.-or GFElD TAC lb«^UED • Cr<966C»00 lotrv-s 9 9».'02 GREC ASS!ETEL ( F:76‘^9‘>0 100096 9 9* »02 bFEED lAH ISSUED CR96S0US 100796 9 Sc02 SPEED ISSUED CFi9rjlj04 1 lOMt<V6 9 9».»n2 bPEFb rr.u ISSUED •c »6*jg:;9 HX*596 9 9U02 SFEEC TAu rssuto c»>\- iVl I0v»r96 J 35 ‘:m.’Ei LARt D BY tmRLCl Cf<96*»..-6 092996 M 4lo4 LIOUOR - PQSbc53‘N TAC I-^SUED 1 •CRS6b6Si 092996 M 4104 LlOUfiR - fTJbSfcS^lN tmu issued 1 CK963719 •092B96 9 90«.»2 bPEED TAb ISSUED r.K90S47Q 091/96 7 9(X»2 SPEED TAG ISSUED •CR9634/6 091796 9 ^0 ‘.’2 snxD TOG ISLUED CP967076 o6**4V<‘> 9 9313 PROPEKiy 1 OUN*i ASSISTED « i:r<v6.:60 U11696 9 9420 PI - n‘/A ASSISTED CRVj/97 ^12.1V1 V 2130 CRIM r«LiNb^ 0')VI4*t ’M CLEMPED DY ARREST CK95747:112293 9 9200 or viJL A3GIGTED 1 CR7%/.3!jU 10109b J 35« '0 DNl-MISD CLc.AKED DY ARREST 1 Cr935737 O90:.95 9 90<»2 SPEED lAG ISSUED I JN030(-10 UED, NUV 6,1996,4i20 FM oDl'KbbS INDUIR/ MFOKT FOR &HURCL1 / TAN.-^GER PAuje: f <eq. 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V V.» 1 1 bPEED-lPtEN ASSISI ED — >>■-<* IT •1 ,.■* • *.V" 1 1 ■ o • ♦ r 1 »•.T ■ 1 \ 0 ^ / ] • 9 Ur'?:tzs/ CR9r<il35 CP 9-62*‘0 CR9:bV4l Lh r^^WZ9 1114-.: 9 IP*997. 9 9'X.'2 lPj79:. 9 Vv02 110397 V VMii p:»::'J93 9 9oor 10:€J9 3 9 9^3 Rf tfcL JrtO 5FetD-W»mN 1!>L5»JI0 ni> 15iCi.it U TAJ »v=isiSTr b T.%c i 'mO> i-ta lo C99T39J8 p : ::893 9 9002 SFECD TAO ILLOEL CfvV TL946 P»U793 9 9 J<.i2 Ok ELD TAG Tb* 'lED P.'1*79 3 9 7001 GF-Ck 1 foO liGHKO • tRv:S’48 09/V93 9 9-2 b*^fcb Tm.j ISEoED JNU30C10 i4f. D • W< • •' t ,1 99to ,4t:'0 I M ADD k LSS SHOf'fcLl INL'UIKY REPORT FOH / 1 f-‘iN^»OcF< Faj^rfJ Rea. B 1 M'O - tk) Can* No cr;9:..,347 Inv 04t« Cod« 091993 9 9002 ipl i jn bPEEU it «tu . r< li Ia RUED CJ:73:i70 063893 9 V«At4 Lh3 ' DihI V / DOC iAti 1 SLUED CR9T2558 060193 E 47<X)tSC-U^-FLCr Af4 OtF Cl CORED 0/ ARREST • a\<T2ZZ^031V93 P 3^19 v'<ESRoSO-W:> rR F liOA crv9:rie>':0SU93 A 3241 AGLT 3-3U&bTrtN»:ML CLC RI D DV AAF vEGT ^ cR9:::i6i 051193 9 9o01 INC'JRONIL VIOL Th C 1S:-UI'.D CR726766 rR9/67/>5 12P>92 9 l?P»92 9 9002 9<»02 SPEED BFrF.n :al itoiFi* TA»^ is:uto • Cr:734'M7 000192 9 97T0 SICE CORED AhSISTF.D • CR924016 0S0192 V 2230 CPIM .V M-jT OOVN C m cleared by arklot ; * LR7'J3I94 m7o392 9 9005 COMPLAlNIb ASbiGfFD 1. CK92179 011292 9 9«>02 StEED TmC IClillfcD CRV1%191‘103091 9 9«XiO TRAFFIC VIOL ION PJSULL* i:R ‘?1444!^091091 9 9977 WARH.V*i»' ARKLET AburCTRD ' CUV11636 OMB71 9 9o0'*»TRAF'IL VIUL TAu Kir»PLD - CR9ir*J43 •61291 9 7R..Frit: VIOL Tmo iar<a*:r‘ Lr,9ij52:*M6U91 9 9vOO TRAFFIC VlOl-■»A l- I73U1D ChVMl‘433 060791 9 9o ‘.‘0 i(x \rrtc: vigl t iC ISL’.JED - CR7I236U 060471 9 9'.»«•‘»rr*' t VIOL roO i:.3UCD cr 9ii:b.*>.060:9I J ::^oo ^i<^^^F’ ic-G«*-OT*-r:p JUVENILE cifATiar CH9 114/0«•041601 9 9 ‘>00 IFAFFPl vim TAb ISSUED Cf 71 1464 04»ri91 9 9«.»«:*o TI:ArFIC VP’L toC IFSUGP f ».i;9ii46:^041591 9 90*X*nvMtTir VPM.^AO ISSUED CR?l!46l • ‘41491 o 9oo:»TRAFFIC VIOL TAG IS7L»fO ir.» :.o.: i :ll', muv 6,1 796 ,4:10 FM ^•DbRF.eS IMIM'IRY FftrURr roi. OHORLLI / TAMO0ER Fancj ^ i\o«4 . l^v« 5.*0 ,0 C*^**#? No Cf 91130/ Inv Date Cocl»- •.40991 5'i.mX i Dear r inti fin Trorrii: viol Gl .^tus Th C rioLGD f t.r«7 11 TPo O4e09i 9 9«/*:»o TRAFFIC Vm TAG lUSUCD LR*’11321 040291 9 7«: 00 TRAi rir VIOL TAG pi ‘.:ui:D - Crv«..4i739 032V91 7 iPArriL v:oL TAG IGEULb C^9 Hill 032391 7 9i ‘«.»0 1 RAFF PI VIOL ioC- Cr <‘11007 ♦*•32091 9 IRARFIC VUIL r0 lUG'JFD - c;?\9 11032 •>31791 9 9o*:o TRAFFIC VIOL 7*«G iriiULD 1 1 1 39?.* 9 •.'♦;••••;»TRAFFIC Vini.r.v- loGURD r< 76r»7 -.0 «920ir 9 9».»*'.»2 r:-‘.eo rfitj I:. OcD 14.x- TO I47ti SHaRfc:LI^4l. CAGF-NUhlEO RPr-YM RPT-DAY FR IhARY-OTrE>4SE • l;LSC NUMlJF R MfvKET-Nr^Wt CR-01 CR-92 CR-9:- CR-V3- CR-*9:’. CR-9T. nR-v;- CR-9T- CR-93- CR-7!r CK*-9‘j CF< -96 CR-96- CR-96- CR-76- CR-V6- '00C>CK>0421 1 000<;003706 ‘<X»t,»OO01940 -0000002487 ‘.)000<'07l^2 -O0OWO7153 O000007173 •<X»C “X*071 74 ^»00t>^03/33 •0<X»o003340 r»O0<‘*«»0564ti *oo«:>ooo674:: <mm)u001u4 7 00‘XO0l623 «X>00001713 0o->.»002U42 <XX^<X>0? 169 9 I 709 92/07 73/04 93/03 93/12 93/12 93/12 93/12 94/U6 95/03 93/<j 6 95/. 96/02 /05 /17 /28 /30 /2l /2l /21 / -> 1 / ^ i 96/0:. 96/03 96/05 96/06 /13 /2B /30 /17 /26 /26 /31 /24 /07 MVA rr<pr MVO FROP MV<I F KOF PI-MVO MVf^ FROF HVO FPOP MV/4 prof MVA FRQP liVA “POP MVA FROP MVA PROF* MVh FRUP PI-MVA MVA FkUP PI-MVh HIT 4 RUN F I-MVP* DAMAGE damage DAMfiGFi DAMAGE damage DAMi »CE DmMAGC OhiM/^fiE DAMAGE DAMAGE damage M\OP DmM 1444 1449 14 44 1449 1475 14/5 1 4 /3 147.^“ 1442 1444 1444 I 44<; 1444 144 4 1444 1442 1444 K L L 5H0FELINE SHUKELINE SHORELINE SHORELINE SHUIvELU4L ShOKELINE CHORELINE SHOkELIME SHGF uL H E- bHUFELIr4E CHURELINE GHUF;lL1NE SHUsELIrrE SHLRELINE EHORELINE LI lORELlNt: RH0f-£LU4£ A LAKE MINNETONKA CONSERVATION DISTRICT IN RE: APPLICATION OF MINNETONKA BOAT WORKS (ORONO) The hearing on the application for a special density license and new dock license for the Minnetonka Boat Works was held at 7:30 a.m. on April 8, 1989, at the Lake Minnetonka Conservation District offices, City of Wayzata. The Applicant was represented by Mr. Byron Heimark and Ms. Beth Whittaker, The Applicant owns property in the City of Orono having frontage on Brown's Bay and on Tanager Lake. Applicant seeks approval to expand its facilities from 41 to 47 boat storage units (BSUs) on Brown’s Bay and from 25 to 67 BSUs on Tanager Lake. The property has 3310 feet of frontage, including a breakwater. Counting the frontage of the breakwater, the proposed facility would provide one slip per 29 feet of frontage. Without the breakwater frontage there would be one slip per 19 feet of frontage. In either case, the proposed is well within the maximum density allowed under LMCD Code, Section 2.05. The amenities proposed by the Applicant changed during the course of consideration of this matter, partly in response to concerns expressed by the LMCD, the City of Orono or the public. The final proposal is as set forth in the following Order. Owners in the vicinity of the proposed facility expressed concern about additional boat traffic on Tanager Lake and the Channel between Tanager Lake and Brown's Bay with the associated impact on aesthetics and safety. However, the Board finds that the review criteria of LMCD Code, Sections 2.03 and 2.05, are met and that the amenities hereinafter set forth are sufficient to justify issuance of a special density license for the proposed facility. The District has prepared an Environmental Assessment Worksheet for the proposed facility and has concluded that the construction and maintenance of the facility will not have a significant adverse environmental Impact. ORDER On the basis of the foregoing, it is ordered that a new dock license and special density license be granted to the Applicant on the following conditions: 1. The licenses are granted for construction and maintenance of facilities for 2. 47 DoJs on Brown's Bay and for 67 BSUs on Tanager Lake in accordance with the dock plan attached hereto as Attachment One and hereby made a part of this Order. The licenses are conditioned on the continuing maintenance of the following public amenities, each of which has been suggested and agreed to by the Applicant. a. One slip shall be maintained for use by the Sheriffs Water Patrol for emergency purposes, b. Licensee shall provide a boat for charter purposes to groups or individuals at least three times per year at no profit to licensee and shall annually report on the same to the District. c.Licensee shall provide boats with a professional guide for fishing excursions for underprivileged or handicapped children or adults, at least five times per year, providing access for approximately 25 such persons, at no charge, and shall annually report on the same to the District. d. e. Licensee shall maintain a public pay phone. Licensee shall maintain an MCWD approved skimming and ponding basin for runoff. f. g- Licensee shall maintain landscaping on the grounds. Licensee shall provide a loading zone for Tanager Lake customers. allowing such customers to load a boat at the Brown's Bay facilities which shall be handicapped accessible. 1 h. Licensee shall maintain one additional restroom on Tanager Lake side. I. Licensee shall make available its shop boat for emergency use by fire departments which add the name of licensee as an additional insured on liability insurance policies. The licenses granted herein shall confer no vested rights to the use of Lake Minnetonka. All such use is subject to continued regulation by the District to assure the public of reasonable and equitable access to the Lake. By Order of the Lake Minnetonka Conservation District Board of Directors this day of , 1990. C ) " * > ) >., 1 Eugene R. Strommen, Executive Director Lake Minnetonka Conservation District IKllO-011 Hennepin County JL An Equal Opportuniry Emplo>*cr / ^2^- * w »ij£wHf .'Jf: . k # V % <9 JC^r-• '-7/? November 14, 1996 i Hike Gaffron Asst. Planning and Zoning Administrator City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 Re; Minnetonka Boat Works Site, CSAH 15 (File #2196)I Mike; The proposed access to the above site, as far north as practicable, Is acceptable to Hennepin County. The road right-of-way should be totally cleared of vegetation, and graded to enhance the southerly sight-distance and maintain positive drainage. Thanks for the timely inquiry in this matter and please call with further questions. Sincerely, David K. Zetterstrom Entrance Permit Coordinator DKZ;jh cc: Tom Johnson Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8496 (612)930-2500 FAX:(612)930-2513 TDD:(6l2)930-2696 ReocW ?op<r SENT BY: DNR;11-18-96 8:50AM; 6127727573 ->6124730510;#2/2 Minnesota Dcpartmeni of Natuial RcsDurces METRO WATERS - 1200 WARNER ROAD. ST PAUL, MN 5510^ (612) 772-7910 - telephone (612) 772-7977 - faximile Nov^mtjCT 15, 1996 Mr MiWc Gaffron Citv of Orono P 6. Box 66 Cr)stal Bay, Miuncsota 55323 RE LAND use APPLICATIONS. CITY OF ORONO, HENNEPIN COUNTY Dear Mr. GafTron. I have commeiUs on the folloumg land use applications on tlie Planning Commission agenda for Nov ember IK 1996 #2IS7. Donald oml Robin Helgager. 3265 County Road 6 (Lake Classen 27-162P1, The 2f>p(icanLs are proposing to increase Uk footpruit of Uke.\istmg house significantly (essentially double), with most of the ailditjon extending mio cither the 15u foot niminiiim lakcshorc setback or the 50 foot mint mum road setback An existing garage that docs not cunently meet the lokcshote setback would be replaced by an attached garage that would meet the lakcshorc setback except for a small portion of the corner We lecoinnieixi tliat die city deny the at'pbcation as currently proposed There is reasonable use of the lot without the extensive encroachment into the lakcshorc and road setback areas However, we would not object to the rcpKiccmcni of the garage as currently proposed ^y^2l96. Genmar (Minnetonka Boatvoiks), 1449 Shoreline Drive (Tanager Lake 27-14IP). The appiicani rc<iucsis to remov c the lop 18 feet {approximailcy 5.000 cubic yards of material) of a hill in order to construct a parking lot for a marina facility on Tanagcr Lake. The “hiir meets the dermition of a bluff in the city's shorctand management ordinance We rccommcni that the city dem- the request to significantly alter a natural bluff area in order to build a parking lot The need for parking on the Tanagcr Lake side of County Road 15 was created when the Tanagcr marina facility expanded by 42 sLps in 1990. Wc feel this is a selt-CTcaicd hardship If the parking on the Brown's Bay side of County' Road 15 was inadequate to sea c the Tanagcr Lake facility, the Tanager Lake facility should not have been expanded by 42 slip.< Please contact me at 772-7914 should you have any questions regarding these comments Sincerelv, ..-H Ceil Strauss Area Hydrologist C’Minnehaha Creek Watershed District Lake Classen File (27-162P) Minnetonka Biiatworks File Lake Minnetonka Conservation District Tana^icr Lake File (27-14IP) |>\K lni*.rni,iiii»n. M ' .'Vfi Dri r.iHMi • | IN f.ilj I .Mi/i #i57 \ « I *1 ti> ly I AAtpl \‘«a fliv M .i*\ -n •,* U*.l (iSt • I •••ti.iifv.* f) ^ Mi t nvii'tt I I *M*. P*‘.i.f TO:Thair Lindquist and Orono Planning Commission Members Pvon Moorse, City Administrator FROM; DATE: Jeanne A. Mabusth, Bu'lding & Zoning Administrator November 15,1996 SUBJECT: ^^2 190 James G. Fullerton, 111 - 3350/3400 Fox Street - Sketch Plan Review for Proposed Class 111 Subdivision Zoning District: LR-IA Total area = 27± acres (no designated wetlands) Existing 3 lots Proposed 6 lots (2 of 3 new lots are lakeshore) Areas are reviewed as follows: Lot 1 = 3 acres Lot 2 = 2.5 acres Lot 3 = 3.1 acres Lot 4 = 7.7 acres Lot 5 = 7.5 acres Lot 6 = 3.1 acres Lbf of Exhibits A - Application B - Location Map C - Sketch Plan D - Engineer's Report 11/12/96 E - Staff Sketch F - Topogiaphic Map Review of Application The subdivision involves three parcels of land owned by the Fullerton family consisting of approximately 27 acres of dry land. The subdivision will create three new lots in addition to proposing a rearrangement of lot lines between James Fullerton's homestead and adjacent properties. All of the lots meet the 2 acre dry minimum requirement. The five lakeshore lots meet the required lot width at both the shoreline and at the 75' setback. Lot 2, the non-lakeshore lot, meets the required 200' lot width to the rear of the 50' setback line. The property is served by a private driveway at a paved width that varies from 18-20'. Access is controlled at the Leaf Street entrance by an 18' width iron gate. Review Exhibit D, Gustafson recommends that the road by widened to a minimum 24' width and to allow a combination of ditching and curbs to save mature plantings adjacent to the roadway. 500' of the east end of drive is surrounded by stone walls creating additional restrictions on installing an improved widened road. Zoning File #2190 November 15. 1996 Page 2 The zoning staff would recommend that we work with applicant on apian for an upgraded road that will minimize the impact on existing plantings and the aesthetic structures adjacent to roadway. Staff will ask the fire department and police department to comment on the 18 ’ wide opening at entrance to future private road. Review Exhibit B, property designated as No. 4 has access rights to the roadway. We have no information at this time as to any limits placed on number of units to be served. Applicant shall provide a copy of the easement defining access rights of the propeny owner. Access to the residence at 3250 Fox Street is via a separate private drive to the east. It is staffs understcciding that the easement agreement allow s access to the drive if property is subdivided at c future date. Refer to Exhibits C and E, Let 1 will achieve access via a 30' wide outlot. Lot 1 becomes a backlot and subject to special lot and development standards. Area of lot must meet 150^0 of area requirement proposed at 3 acres. Staff has sketched the back lot building envelope as follow s: 75’ front 45’ sides 75’ lake*. *A 75’ setback is the minimum setback required but will I'e impacted by properties to the north served by Oxford Road in determining the average lakeshore setback line. It is applicant’s desire to maintain the caretaker house on Lot 4. The property will meet the area requirements for the caretaker house but note the structure is located within the 0-75’ setback area and will be recognized as a non-conforming structure requiring variance approval should building envelope ever be expanded. Two garages either encroach proposed lot lines or are within substandard setback areas and will be removed. As already noted above, there are no designated wetlands w ithin the Fullerton properties. Applicant will be responsible for providing a wetland delineation of the area locating all Type 1, 2 or 7 wetlands not included within the City ’s wetland mapping. The City Engineer asks that the drainage way draining through Lots 3 and 1 to the northwest be protected with a 20’ drainage easement (refer to Exhibit F). The topographic map locates the low area at the road in the approximate location of the culvert that drains eventually to the northwest. Fees The following will be the cost for filing a preliminary subdivision application for the rural division based on 1996/1997 fee schedule as follows: Zoning File #2190 November 15, 1996 Page 3 Preliminary subdivision application $375.00 + 25.00 per lot = $525.00 Septic - $50.00 for each new lot = $200.00 Private road = $600.00 plus 50ji per lineal foot Conditional use permit for guest house on Lot 4 = $225.00 (to include septic review). Directives to Applicant Planning Commission should provide direction concerning the willingness of the City to consider formal road standard requirements with the development of the cul-de-sac road. The engineer has asked for a paved 24’ width with possible ditching or curbing in various sections. Is an 18-20' width road adequate for a six lot subdivision with potential future units coming from the former Dixon properly (designated as property four, Exhibit B)? o Q Application it -a / l V'.’ t Date Received Amount Paid ^0 A ' <^(T‘ CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION "FOX Prooertv Identification Number 'PID)os - m -T.2) - M3- OOCH Please check one - Property abstract or X Attach legal description to application. Name O o UNI Q> \a 31'^‘5TON torrens?as- in -13' MM-oooa 0-3- 1 n-13-44- 0005 05 - in- 23- -0001 Address uq X-O Phone (home) qo *4 - *21? M 4 Citv CV\^bJfS/E:A6>0L.l<>Zii::^^OXPhone (work) 1 - OWNER (if different than applicant) Name K/' f Address i= OX Phone (home) M *3^ ^ *^^03- Cit\ n /"ziSSr Phone (work) 33^^ U (cttach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size M- Z? 0 Present use (check) Present Zoning District Acres Dr>’ Land Acres W'et Land Acres Total, all parcels Residential; no. of units Other (specify)______ u PROPOSAL _________Division for Tax Purposes Lot Line Rearrangement Only (no new buildling sites) _________Subdivision for New Building Sites Numoer of Building Sites 3_____Existing Units ___New Units Total Units X 4 Proposed Gross Density Minimum Lot Size Proposed Use (check) I Units per _ Acres 0. Sq. Ft. Dry' Buildable Land X Residential _________Other (specify)_________ . 1 MINIMUM .MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application fees" listed below 2. Completed application form. 3. Preliminary plat information on Certificate of Survey . 4. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt. Center 348*3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application Zoning Ofticial's Signature ______________________________________ Date_______________________________ MINIMUM m aterial REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 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 I. II & HI) S250.00 _____ Subdivision of a Lot Line Rearrangement S3 50.00 _____ Subdivision Application (Class I &. II) S350.00 _____ Preliminary Subdivision Application S375.00 S25.00'lot (Class III & all non-residentia!) _____ Final Plat Application (Class iil) S200.00 _____ Legal Review and Filing: _____Subdivision only $75.00 Subdivision w easements and covenants min. $200.00 Totals _____ Park Fees (to be determined per Section 1 i.62) _____ Legal and Engineei ing Review Fees (as incurred) Renew al of Class I and II Subdivision Application $200.00 (No change from original application) ~ Renewal of Class HI. Preliminary Subdivision Application $200.00 (No change from original application) Renewal of Final Class HI Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: _____ Proposed Private Roads $600.00 S.50'lineal ft.;_____lin. ft. x .50 = S______ Proposed Public Roads $900.00 + S.50'IineaI ft; lin. ft. x .50 = $ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 * S25'stub Proposed W'atermain Extension $250.00 + $25'stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System. Site Evaluation Review (applicable to rural subdivision applications) S50.00'per lot x _____new lots C. Flexible Application Fees/Misc. Fees Variance $220.00 ($50.00 per each additional variance) Easement Vacation Associated w ith Subdivision $100.00 ~~~ PRD Application with Subdivision S30.00.T)wening Unit The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Anomey. Planning Commission'and Coungilnecess^ry- to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Owner's Sianarure Date_ % Date \^Jo Applicant must have all submi^als into the City Office 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 anend a scheduled meeting, please 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. I Ill * EXHIBIT A $•% •» 9 M » %I , % J * il 9^ SKETCH PLAN FOR FULLERTON TRUST tat a •• <t » t • ta .% * .fc-/ • . . *t i . a <»• t ti t • IC • 4 • I Piwt—m 0999 J ? / a « 'juJkial Imdmmrk- \ 9M0I.. V S»r99i I I tctt «•• • I « i €9^O/a/0 A/0i4ff ,9 L.s! A'O /:j.?/, £^0p4ion ......... 5 B ' % *' 3./tAC. 7:s:i AC A/9MBKiMirf ; 9^^9 4490 9 f<UM9f or fA'UJ - I • t tta* M «t . - I __ _ *t. «(Viraaa I at t<*ti ' MAXWELL BAY LAKE MINNETONKA /•; #- • * * * I * * f • I « ^ l« « • • . - JF*" «t IT^:sjo-acf*4.o a9^a PRELIMINARY LEGAL DESCRIPTION: That part of Tract A, RLS 13.58, Hennepin County, Minnesota, lying West of the cul-de-sac to be .relocated’tind f.ormcd according .to tlxe. terms of this. Purchase Agreement*^ and lying South of a 1-ine drawn between a point on the West boundary of said Tract A which is 400 feet Southwest of the Northwest corner thereof, measured along said West boundary, and the center of the Relocated cul-de-sac. COFHN & GRON'BERG, INC. i < iiV.'.iiIJ'-: 'Ni' • > “' V,*. /'J,it|tr, ■' •4*’2 I inurnk A\%»»« * \1\ ** I hereby certify that this survey was prcparc^l by me t>r under rny direct super- vision/and that I am a duly registered Qivil Engineer and Land Sur\eyor under the laws of the Slate of Minnesota. • * • m: r\4UI Mark S. Cronberg Minnesota License Number 12755 SCALE /"-zoo' jOBN-O,• % * eONfSTROO AND ASSOCIATES ^612 6361311 11/12/96 16:39 g :01/01 NO:188 l/J Bonestroo Rosene m Anderfik & Associates Engineers & Architects . M** * m f 4«•no>. \ Ci •! • / v:?* ^ Ann ii . • M ♦ . ^ Ft • tirr*4v:t! Vr#''r? i> • <. »vnn •* • • »!>».•/».>. t V **t • ? t* » „ : « k • ie*»y A 9 tit 1:ft pf • r ^•-lJ *4' • Pf .u *r m ** ''A r4»*-u»t «.•. A.ui. t . •• 1 • • * e I A Af • I* f *f • 4 fj.fti *t •l‘«. Jc ’€ • • C ai* .Mia * H.wio , • VH*SAe( T t«u«n.vw't Pf • » fwrK! *»£ • »Ai*>.i v4*> Pf • M «. F PC • Vir%»^e\ ^ \lf « “i i ^ • v-*■ ►•m'P* tn i* P«t< *rr 4 .m •« » C*'.^ • Vt'Ji No\ ember 12. IW6 s ’J, . I• : • - • ♦ # Ms Jeanne A Mabusth Building and Zoning Adminivtrutof City of Orono Fo5t OtfivC Box e>r> Crystal Bay, Minnesota 55.^2.J Fullerton Trust Flic No 139-219<J Dear Jeanne. We have reviewed the proposal to subdivide the Fullerton property at Fox Street. The property is lixaicd west of Leaf Street on Ihe north shtire of Maxwell Bay in Section The property access js presently provided by a l.65t> loot long paved private cul-dc-s.u that serves three existing residences The subdivision will add four additional lots ts> the private street Tlie existing pasement vanes in widlh from 18 to 20 feet The Subdivision Code requires a 2d foot minimum paved width for private streets serving up to seven units The pavement section is 8 inches of class 5 100‘i crushed .iggieg.itc .uid ^ inches of pavement The maximum cul de-sac length is l.(KK) feet We offer the following comments in regards to engincenng issues It appears feasible to widen the roadway to 24 feet in most area.s west of the first 500 feet by shifting the cenierline north or south to avoid trees. The roadway could be either rural (with ditches), or urban (with 4" bituminous curbs), or a combination of the two. The first 500 feet of the street west of Leaf Street has stone retaining walls along both sides, 24 feet apart In this area it would be best to widen the road to 22 feel with bituminous curbing to avoid the walls. At the iiUcrsectton vsith Leaf Street there are two .stone monuments vsith an 18 ftnii wide iron gate between them One or both i*f the monuments should be moved to allow a 24 fcKi! wide roadway. The new cul-de-sac location should be staked in the field to determine if trees will need to be reimwed for the cnnsiruclion. Drainage and utility easemenis should be* platted 5 feet wide along the lot lines and 10 feel wide along the right-of-way. A 20 fixit wide drainage casement should be shown across Lots 3 and 1. leading northwesterly from the existing culvert to Stubbs Bay I’lease contact me at this office if you have any questions regarding this matter Yours very- tndy. HONK.STROO. ROSKNK, ANDERLIK & A.S.SOClATliS. INC .Shawn D Gustafson. P.F. JL 2335 West Highway 36 • St. Paul, MN 55113*3898 • 612*636*4600 M3S?I • m •» ^ EXHIBIT A «•% j« ft « I •% •0^> • %t . % i * H M SKETCH PLAN FOR FULLERTON TRUST • << <»• •• > • •• •%< •* ,, « I It -t .1 * I IH » %. ^ m MM €0 em0r mimmmk0090 ' frm 0^mt0rnfmm0 0^19 i^00fm9mf) LOT - ■ '7 • ■*'S// y ft ^JuJieia/ hmJmmrk-. I I Mt*t0'4f£ XT « i • I* •' KXXl = A/o-acf^ca /IASA PRELIMINARY LEGAL DESCRIPTIlN: That part of . Tract A, RLS 15.58, Hennepin County, Minnesota, lying West of the .cul-de-sac to be relocated end f.ormed according .to the. terms of this. Purchase Agreement*^ and lying South of a Hne drawn between a point on the West boundary of said Tract A which is 400 feet Southwest of the Northwest corner thereof, measured along said West boundary, and the center of the Relocated cul-de-sac. Coffin & Gronberg, Inc. (dUiJ Slif.i'b' f' Srfi' ^**2 r.mi.ir.uk Au niif • Lone Liki , MN Ihc liuvs of the Stile of Minnesol.v »cr- unucr Mark S. Gronberg Minnesota License Number 12755 SCALE /"iZOO' ion NO. 9crZg’fi„ % ORONO PLANNING COMMISSION MEETING MINUTES FOR OCTOBER 21, 1996 ROLL The Orono Planning Commission met on the above date with the following members present Acting Chair Charles Schroeder. Janice Berg, Elizabeth Hawn, Lili McMillan, and William Stoddard, and Sandra Smith arrived later in the meeting Dale Lindquist was absent The following represented the City Staff Building and Zoning Administrator Jeanne Mabusth and Recorder Sherr> Frost Mayor Callahan and Council Member Hui r were present Acting Chair Schroeder called the meeting to order at 7 00 p m SCHEDl'LED PCBLIC HEARINGS/Pl BLIC INFORMATION REVIEWS (#1) #2178 NATHALIE GR.W/ROBERT AND LORRAINE RODEN, 460 AND 480 ORCHARD PARK ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT - 7:00-7:04 P.M. The Affidavit of Publication and Certificate of Mailing were noted Robert and Lorraine Roden were present, along with an attorney, Kevin Dunlevy, representing Nathalie Gray. Mabusth reported that the application is for a subdivision of a lot line rearrangement involving a 15'x I IT corridor east of the Gray property Deeds were exchanged in 1971 reflecting this change but taxes have never been corrected, neither do Hennepin County maps indicate the change The applicants would like to clean up their titles and get the taxes adjusted noting the di\ision will have no impact on either property Mr. Dunlevy commented that the tax split problem was not noticed until recently He noted that the County allowed the deeds to be transferred and recorded in 1971. There were no public comments Haw n moved, Berg seconded, to approve the subdivision of a lot line rearrangement for Nathalie Gray and Robert and Lorraine Roden involving the properties located at 460/480 Orchard Park Road w ith the condition that owner of Parcel A apply for the legal combination of the 15’ corridor w ith the homestead parcel at the City oflices prior to the subdivision being sent to the County for filing. Vote Ayes 5, Nays 0. (#2) #2186 JAMES PFLEIDER AND YVONNE COOK, 509 AND 511 NORTH FERNDALE ROAD - SUBDIV ISION OF A LOT LINE REARRANGEMENT- 7:46-7:48 P.M. The Affidavit of Publication and Certificate of Mailing w ere noted. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#2 - #2186 James Pfleider and Yvonne Cook - Continued) The Applicant. James Ptleider, was present The application is for a lot line rearrangement, whereby Pfleider would acquire a parcel from Cook, w hich he now maintains, in an equal exchange of property to Cook Mabusth said Staff was concerned with septic setbacks ^ut Steve Weekman inspected and confirmed the 20’ setback from the newly defined lot line Both lots will maintain two acres in area as required by code The applicant had no comment There were no public comments Berg mov ed, Hawn seconded, to approve the subdivision of a lot line rearrangement for James Pfleider and Yvonne Cooke involving the properties located at 509/5 11 North Femdale Road with the conditions that owners of Lots 4 and 5 apply for the legal combination of the smaller parcels and adjacent homestead parcel at the City offices prior to the subdivision being sent to the County for filing V'ote Ayes 5, Nays 0. ACTION ITEMS (#3) U2\15 FILXNK AND SLSAN KOLBSKY, 4785 NORTH SHORE DRIVE VARIANCES - PLBLIC HEARING - 7:48-8:20 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present Mabusth reported that the application is for variances for street setback and hardcover in the 250-500' setback area Staff reviewed the memo and adv ised applicant submit an amended plan in response to issues raised in memo With the additional information obtained, Mabusth said there are now no excesses in either hardcover or structural coverage now proposed at 12.2% The 24'x30’ garage addition is located in the required rear street yard. Since it is a thru lot, a 35' street setback is required. The applicants reviewed the concerns regarding the access from unimproved Park Avenue, which would involve obtaining a new address They have determined that they are unable to make immediate changes and are not inclined to close off their access from North Shore Drive at this time A new proposal has been submitted that includes a 24'x24' garage and a 12-l/2'x24' deck and staircase to the south of the garage addition. The deck would be attached to both the house and the garage This would eliminate the street setback variance but would require a side setback variance of 2'. The garage addition meets the setback to the rear. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21. 1996 (#3 - «2175 Frank and Susan Koubsky - Continued) The new proposal would result in hardcover in the 250-500 setback of 33 7 o for a 3.7.o variance Allowed in this setback is 30® o hardcover, and it exists at 21 2®o The structural coverage limit is met. It was noted that the grade level deck is not included in the structural coverage facts as there is no railing and it is at grade level The garage is pioposed at 576 s f The ITx39' driveway (663 s f) could possibly be reduced in size to 14' wide or 490 s f drive The sidewalk is 80 s f The deck is 421 s f and 200 s f of new hardcover for a total ot 3930 s I Schroeder asked the applicants why they would keep the front drive Koubsky said the drive is a direct access to the house, and the garage is heated along with the basement. There is only two bedrooms in the house, one of which would serve as an entrance to the new garage Once ihe proposed garage is up, the lower garage would be turned into the spare bedroom and entry area The existing drive would allow access to get parts and such to that area The applicants are unable to do all ot the work at the same time due to budget constraints It is their plan to remove the front driveway but it will take several years Hawn asked when ■ be new garage is to be built and how it will be used Koubsky said there is only one door to the existing garage now and is only used for one car In the beginning, the new garage will have no direct access to the house There is a doorway to the back of the garage McMillan asked if the sidewalk w as necessary Koubsky said it w ould allow access to the house. McMillan asked if there was any problem w ith remodeling the garage now to convert it to living space Koubsky noted a furnace located in the lower garage now as well as hot water heater and the considerable amount of remodeling that would be required Berg asked if the driveway would be reduced in width. Koubsky noted that the driveway will be 14' wide and landscaping will be removed at 210 s.f Mrs Koubsky said it was their intent to move the garage back in order to keep the site line Stoddard noted with a 3 7% v ariance in hardcover in the 250'-500' setback, if the driveway was reduced and landscaping removed, the hardcover would meet the requiiement Mabusth asked when the address change would be done Koubsky said they had no time frame and were meeting with the neighbors Koubsky said it is his intent to remove the driveway and make a 3-tiered landscaping area for aesthetics Their plan for the total remodeling is 5 years MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 When asked about neighbors comments regarding the remodeling. Koubsky said Gwen Gables was in fa\ or of the proposal and Mr Olson would like the garage moved back It was noted that Mr Olson's access is off Park Avenue w ith a Tonkaview address Hawn asked if the Koubsk7s were comfortable with working within a time limit for the driveway removal Koubsky said he was willing to work with that but noted his budget restraints Time limits may be set as part of the conditions Stoddard asked about removal of the shed. Koubsky noted their lack of storage space but said they would be willing to remove the shed as it is in the right of way McNIillan commented that she was of the opinion that the garage was in a good location but had concern with allowing two driveways to remain The safety factor with access from North Shore Drive was noted Mrs Koubsky said it is unsafe during the winter due to its steepness but has been improved upon Schroeder suggested one year for removal of the driveway Koubsky said it would cost W,000-$5,000 to remove it Mabusth said the driveway can be barricaded by berming or fencing if cost for removal of bituminous drive is of issue Schroeder said the Planninu Commission w as more interested in removal of hardcover Mabusth reiterated the safety issues involved and the need to cease access from North Shore Drive This would involve a change in address to also occur It was noted that the City cannot legally deny access from the County Road Stoddard suggested removal and reseeding of the driveway. Mrs Koubsky commented that there was the ability to add on to their present garage but they were trying to accommodate the changes desired by the City The Koubskys said it would be different if their house was lamer W During discussions, Stoddard said he would like to work with the applicants Hawn said five years was too long to wait for the removal of the driveway Hawn said she understood the need to do the remodeling in stages but was not comfortable with allowing tw o driveways to remain within the steep topography of the property She also noted runoff to be a concern. Schroeder saw the plan as sensible but also ejuestioned the timing and expressed concern over two driveways remaining The issue of safe access is of considerable concern for the City Access is difficult in winter Mabusth said it had been her understanding from early discussions with applicants that the driveway was going to be removed and the address changed to Tonkaview It was noted that if the applicant added a stall to their current garage, it would still use the same access which is not a desirable solution. Koubsky noted that the ditches were removed in the roadway causing the access to become safer. r MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (M3 - ^#2175 Frank and Susan Koubsky - Continued) Mabusth adv ised that if the North Shore Drive access is no longer a problem for applicants that they take time to explore their options before building garage addition at north side of residence Schroeder suggested a time limit of 3 years Koubsky asked for additional time to review the options Stoddard did note that they would have the time between this meeting and the Council meeting to review the plans. Koubsky suggested the application be tabled. Schroeder moved, Stoddard seconded, to table Application #2175 at the request of the applicant to allow additional time to consider the length of time tor the project and to obtain cost estimates Vote: Ayes 5, Nays 0 (#4) #2176 DANIEL S. PERKINS, 55 LANDMARK DRIVE - RENEWAL OF ANNUAL CONDITIONAL USE PERMIT - PUBLIC HEARING - 7:05-7:18 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Mabusth reported that the rene'val application proposes for removal of 200 cubic yards of peat material from two wetland areas on applicant’s property Approval was granted for the first removal from the smaller of the two ponds in 1995 This application is for the second phase involving 200 cubic yards of peat removal tor the winter 1996-1997 season. Mabusth noted that access would not be from either Landmark or Bayside but from the Butterfield's property to the north as in the first application Schroeder read into the minutes a letter submitted by the applicant requesting an amendment to the proposal for shorter periods of time to simplify the procedures from every' year renewal Mabusth questioned whether this would involve a change in the amount of removal Perkins said the amount of 200 cubic yards would not be changed as this has been determined to be the amount that is usable in the time period Applicant wishes to amend the current proposal to 200 cubic yards each year for a five year period. Perkins said he would reapply if a change is required. He noted that in the past two years, only one digging took place. McMillan inquired how many dump trucks was needed to remove the fill Perkins said two different sized trucks are used, and the removal is completed in one day. McMillan also inquired if he crosses the Luce Line trail Perkins said that the Luce Line was crossed and Butterfield has property on north side of the Luce Line and is allowed to mine peat on his owm property through a permit gained from the DNR. Butterfield has legal access over Luce Line. 5 MINUTES OF THE ORONO Pl.ANMNG COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#4 - #2176 Daniel Perkins - Continued) Stoddard inquired if wetlands permits were in line It was noted that the Corps of Engineers has given permission, but it is not in the jurisdiction ot the DNR In that case, Stoddard said the only issue w ould be that of the length of time involved in issuing the permit He noted that the Council has approved an annual review Schroeder alluded to the minutes of the Council meeting where the application had been approved in 1995 The Council had thought an annual review made sense Mabusth reviewed Council's concern regarding major changes in federal and state regulations and felt an annual review is most appropriate Perkins responded that the removal would not be done annually but only every other year McMillan questioned the slope and banks of the pond noting that there was a steep drop otf Perkins w as of the opinion that there was a tapering to the bank McMillan commented that when the pond dries, there will not be a gradual slope Hawn voiced concern with a straight edge to the pond with water in it and questioned whether it would be hazardous if used as an ice rink Perkins said the water level is usually to the edge of the pond McMillan suggested that the slope was not 8 i Mabusth asked if there w ere any cattails McMillan noted the pond to be that of type 2 citing no cattails planted Perkins said he did plant duck root Mabusth questioned planting when not completed. Perkins said it was done by Butterfield Hawn asked Perkins to work with Butterfield to correct the slope Stoddard moved, Schroeder seconded, to approve the conditional use permit and variance based on a Council review of ev ery other year with applicant correcting the slope per the permitted varying slopes of 5 1 and 8 1. McMillan and Perkins discussed how the correct slope may be obtained Mabusth noted with the last digging from this pond, the correct slope should be able to be obtained. Mabusth informed Scliroedcr that the current permit is for the mining of 200 cubic yards to peat for the winter IQ96-1997 season Vote; Ayes 5, Nays 0 (U5) #2179 THERESA NORSTED, 2811 CASCO POINT ROAD - AMENDED VARIANCE - PUBLIC HEARING - 7:18-7:46 P.M. The Affidavit of Publication and Certificate of Mailing w ere noted The Applicant was present MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (US - #2179 Theresa Norsted - Continued) Mabusth reminded the Commission that the applicant had tabled her application in order to reconsider her needs after receiving Commission comments and Staff information The property in question is located on the curve of Casco Point Road The proposal is tor hardcover, structural coverage and setback variances tor the constmction of a deck addition and a detached garage In response to Stall's recommendations, the applicant has submitted an amended proposal consisting of a detached garage with an outside stairw ay and a tw o story 7x10 5' deck on the lake side of the residence Neither structure would be located in front of the average lakeshore setback With the amended application, a side setback variance would be eliminated The TWO stall garage would have an upper level storage area The applicant had originally j lanned on an it .erior access with pull down stairs but had thought it would interlere with cars parked in the garage. The plans call for a 5-1/2 x3-l/2 deck at the upper level ot ou.side staircase The location of the garage would be as in the first plan submitted but there is a structural coverage drop from 15 7® o to 15 6'''. The hardcover proposed at 32 8®/o is amended to 28 5®/o in the 75'-250' setback Staff commented on the location of the garage doors on the adjacent lots The property to the west has garage doors facing away from street On the east side, the door is to the street side and only 3’ from the street The applicant ’s garage is proposed at an 18 ’ street ^ setback with traveled road located 20-22’ and located 3’ from the side lot line With the 1’ overhang, however, it would be considered at 2 from the side lot line. Mabusth added that the building inspector found no need for special fire wall requests for the garage at the proposed side setback. Norsted was in favor of the location of the garage due to mature trees on the property. It was noted that two mature trees would be lost it the garage were locate • nearer the residence The garage is also in the same general area as the previous garage Stoddard nrrted that there is less hardcover with the front entry. Council’s denial of front entry' doors in a similar proposal was noted. Mabusth informed the applicant and Commission that the side staircase was not shown on the survey She voiced concern with affecting a tree located near these stairs. Norsted said she was informed by a tree expert that it would not interfere with the root system of the tree. The applicant added that the outside staircase was her preference McMiHaii asked outside stairs to the basement Norsted said she was willing to remove the three concrete steps, 3’6", as trade in order to gam approval of her proposal There were no public comments. MINUl ES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21. 1996 (#5 - #2179 Theresa Norsted - Continued) In discussing the front placement of the garage doors, Mabuslh informed Stoddard that trees would be lost otherw ise and there would be a major increase in hardcos er if changed to a side entry The IS’ proposed se.tack is also an improvement over that of the neighboring garages In discussing the side setback at 2' with the garage overhang, it was noted that the neighboring garages are 1' from the lot line and no specific requirements or concerns have been noted by the building inspector Norsted said she also spoke with her neighbors. All agreed that the trees were a valued asset Stoddard asked Norsted if she would consider a smaller garage. Mabusth noted that Norsted had been willing to remove a grade level patio in order to maintain the 24'x24’ garage size. The Planning Commission did not encourage the garage to be moved closer to the street in order to lessen the hardcover. Hawn noted the room to maneuver allowed safer access. 1 he issue of the outside staircase instead of an inside staircase w as discussed. The staircase adds 35 s f of additional hardcover Hawn suggested a pull-down staircase along the back of the garage Concern w as voiced over how it would change the roof style Norsted was concerned with the ability to move around i.iside the garage and with the look of the garage Mabusth noted that hardcover and structural coverage w ould be reduced if the staircase were moved inside the garage The storage area is not planned for heat or piumbing. McMillan suggested the pull-down staircase be located between the two stalls Stoddard asked if Staff recommended the side staircase Mabusth said it was not discussed with applicant and is part of the amended plan She noted there is no side setback variance with the amended plan tor the deck addition The hardcover variance is 3 5% ind structural coverage at 0 6% The grade level patio was not counted as structure but v.as reflected in the hardcover calculations Berg asked if the applicant would consider a 22’x22' garage Norsted asked if it would help if the staircase with deck attached to garage was remov ed from the proposal Schroeder noted that the purpose is to stay at or below the structural coverage allotment. Schroeder also informed Norsted that it was likely that she would end up with an interior staircase due to the diftlculty in the winter in accessing the storage by an outside staircase. Schroeder commented that if the outside staircase was removed, he would be inclined to support the proposal There were no public comments. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OTTOBFR 21, 1996 (#5 - #2179 Theresa Norsted - Continued) Hawn moved, Stoddard seconded, to approve Application #2179 for side and street setback, hardcov er, and structural coverage variances for a two level lake side deck and a 24'x24' detached garage with an interior staircase only with doors facing the street side Vote Ayes 5, Nays 0 (#6) #2180 PEGGY AND FR.ANK PICHELMAN, 2920 CASCO POINT ROAD - V ARIANCES - PUBLIC HEARING - 8:27-8:51 P.M. The Affidavit of Publication and Certificate of Mailing were noted The Applicant was present Mabusth reported that the application involves major additions for a home located on Casco Cove, a cul-de-sac consisting of 6-7 homes The house is a single story rambler similar to others in the neighborhood built in the 1960's The improvements proposed consist of a 24'x24‘ attached garage in the street yard, located 8' from the street where a 30' setback is required To the lakeside, a I3'xl4* deck and 16'x24’, 3-level, addition are proposed, a family room on the main level with lower level basement with an atrium upper level There are two options for an access drive Option 1 would involve the garage do* »8 to the street side, and Option 2 would involve doors facing to the side The second j.'-f'. proposed over the single story residence meets the setbacks and is behind the •veraRe lakeshore setback, hs are all ot the improvements proposed at the lakeside. pfAiposal calls for a structural coverage variance of 3 4%. Hardcov er in the 7*'-'’50' 5 - »ck is proposed at an 11 7% excess with Option I, where the doors are to the iiurdcover c.xcess would be at 14 b% under Option 2, with doors to the side anu u...vway in the street yard with a back-out apron (see Addendum F-1 and F-2) The street setback is 8’, although, the actual traveled road is 5-6' beyond that The applicants had no comments to add at this time During public comments. Mike Barrett, 2912 C asco Point Road, located across the street from the applicant, commented that he had not heard directly from the applicant regarding this proposal He said he received notification from the City and saw the posted sign. Barrett said the improv ements to the lakeside or inside of the home were .icceptable to him However, he is very concerned with the garage He understands the desire to have iwo stalls instead of one, but he sees no space for the larger garage without sacrificing home space He is concerned with the proposed garage being only 8' from the street, which would be situated ditlerently from others in the cul-de-sac Barrett feels the garage improvement may be too ambitious for the lot. He said he could not visualize the garage without setback or architectural violation and noted it w ould cause the loss of two mature trees in the yard MINUTES OF THE ORONO PLANT^flNG COMMISSION MEETING HELD ON OCTOBER 21,1996 (#6 - #2180 Pegg\’ and Frank Pichelman - Continued) Schroeder clarified that the correct notification procedures were toUowed. Mabusth said the concern was with the lack of notification from the applicants Lua".* Powell, 2916 Casco Point Road, whose home is next door to the applicant on the north side, said she has lived there for 24 years She reported having a major concern over looking at a whole new stmcture (24’x24’ garage) on the property In her opinion, it would change the uniformity of the cul-de-sac Powell said she liked the plans for the lakeside but found difficulty with the plans for the garage as well as the amount ol hardcover The addition would cause her yard to become shaded resulting in difficulty in growing any vegetation. Schroeder inquired what the side setback was for the improvements Mabusth informed him that the side setback is 10'. which meets the requirement Powell said she also is concerned that the improvements wouid cause poor sight lines for accessibility She added that there is a tuck under garage She also noted that the children currently residing there do not live there year around Powell said she would consider civing 7 to the applicant for a larger side garage This would allow her kitchen not to look out on a major structure Powell also noted there were two mature trees that would be lost under Option 2 Barry Glassman. 2914 Casco Point Road, lives two doors away from the applicant He noted, when looking at the contour of the property, the garage and cars would now stick out into the road Glassman said the improvements would obstruct the views of the Powells He felt the lakeside improvements were all right as the house is tucked into the property at that side Mr Pichelman was asked to remark Pichelman said it was not his intent to offend anyone He said they have not lived in the area long and had some crises which caused time to be of essence Pichelman said it w as his intent tor the plans to fit in with the leualities of the City Pich(,!m.in said there was already an 8’ line from the end of the giage and 14’ to the bitu.i.inous Mrs Pichelman noted that they had considered coming out to the side to lessen any problems for the neighbors, but were concerned with a 3 ’ side setback The garage to the lakeside has only access to the lakeside and is used for storage only Schroeder noted that the applicant would like to work with the neighbors. Mrs Powell said she would be willing to work with the applicant but did not see how the improvements could happen Hawn said she was inclined to wait until the neighbors and applicants have spoken before further review as the proposal may change as a result. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21. 1996 (#6 - #2180 Frank and Pegg>' Pichelman - Continued) Mabusth informed the applicants that the next review would be November 18 She added that a side stall garage would fit in better with the neighborhood. Schroeder asked if the addition in front of the average takeshorc setback could result in a smaller garage to lessen the hardcover Mabusth concurred that there would be a possible reduction in the structural coverage Schroeder moved, McMillan seconded, to taWe Application M2180 for further deliberations of plans for a garage to fit in with the neighborhood and reduce hardcover. Vote Ayes 5, Nays 0 (#7) #2181 JAMES N\ STROM, 1745 CONCORDIA STREET - RENEWAL VARIANCE - PUBLIC HEARING - 8:51-8:53 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present, along with Architect, Garj' Frazee Schroeder excused himself from review of this application Haw n chaired the review. Mabusth reported that the renewal variance was approved in November, 1995, and would expire November 27, 1996 The applicant did not feel there was time to begin the work prior to that date and has asked for an extension The approval w as tor the razing of an e.xisting residence and constaiction of a new residence The property does not meet the 1/2 acre zoning standards and proposes a 9-1/2’ side setback at both north and south side lot lines I he structure is located in front of the average lakeshore setback, which is impacted by the existing home on property to immediate north that is located 200’ from shoreline There are no changes proposed in current application The applicant had no additional comments There were no public comments. When inquiring about the average lakeshore setback, Stoddard was informed by Gary Frazee that there was a problem with calculations when attempting to remodel the existing home It was determined that the best option was to rebuild. The current home and neighbors home were noted to now touch the side lot line MINUTES OF THE ORONO PL.ANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#7 - #2181 James Nystrom - Continued) Mabusth noted that the hardcover in the 75-250 setback would require a 10®o variance and a 30®/o variance in the 250-500 ’ setback, due to the limited area in the 250-500' setback area The existing drivewa>’ at 1250 s f has a major impact Mabusth informed McMillan that a new garage would be built in the street yard and would result in a reduction of hardcover for the driveway Frazee added that the garage currently loads to the side and major removal of asphalt would result from the doors facing the street Stoddard received confirmation from Mabusth that the proposal is the same as what was approved in 1995 Stoddard moved, McMillan seconded, to approve Application #2181 tor vanance renewal. Vote; Aves 4, Nays 0 (#8) #2182 HERBERT TERRY OLSON, 3640 BAYSIDE ROAD - CONDITIONAI USE PERMIT/VARIANCES - PUBLIC HEARING - 8:59-9:23 P.M. The /Vtfidavit of Publication and Certificate of Mailing were noted Jane Olson w as present Mabusth reported that the application is for a conditional use permit and variance to construct a detached garage The existing garage is currently located adjacent to CoRd 84, and the applicant proposes to rebuild at same substandard street setback 6' to the east A private sewer clean out was located by Stall'just to the northeast of existing garage If retaining walls are proposed around newly located garage, the sewer line would be impacted Mabusth said she received a call from Mrs OLson on this date, who informed her that the purpose of rebuilding the garage was due to the fact that the walls of the existing garage serve as retaining w alls of adjacent steep banks The Olsons would like to rebuild the garage and excavate around the garage in order to have retaining walls. The property is considered a through lot as well as a comer lot requiring a 50' setback from three sides of lot There is also steep topography to contend with There is an accessory structure at the northwest comer of the property Mabusth said an application for a side setback variance in 1986 for a proposed addition was never proceeded with. Mrs. Olson said the addition w as bum but moved to the north side of the home where no variance was required It had been requested at the Planning Commission during that review that with the large size of the property, another area not requiring variances could be found where the addition could be built The Olsons thought it over and made the chanue MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21. 1996 (#8 - #2182 Herbert Terr> Olson - Continued) Mabusth said the Olsons would like to locate the garage at the 9' street setback The SlalT was concerned and had the Engineer review it finding that two tiers of retaining walls w ill not fit in the existing elevation with the location of the private sewer line There is also concern over backing out into the County roadway, especially in light ol the steep elevations to immediate west Mabusth said they also looked at the drive coming in from the east (Stubbs Bay Road). V\ hen asked to comment by Schroeder, Olson said they have lived there for 20 years and have adjusted to where the garage is located and prefer that location Olson said the slope and landscape is a big consideration, and they like the look of it as it now stands. McMillan asked about a concern with the garage being at the same elevation of the house and blocking the view Olson said the prime view is to the south She noted, if the Commissioners were concerned, guests, service, and emergency vehicles use the long driveway During a recent remodel, the driveway was used to remove debris and access the home, w hich would not happen if the garage w as relocated to the end of the driveway. McMillan asked Olson to consider the garage being tucked into the northwest area of the property adding that she understands there is a slope but there is one by the garage now. Olson said in front of the current garage, it is level now. and would have to excav ate around it Mabusth said the excavation would be close to 8' with 4' at the first tier of retaining walls, and then another 4' Mabusth also said there is concern with drainage and not having enough room, and the possibility of relocating the sewer line Haw'n asked about shov eling of the steps in the winter time Olson said it was hard but she is used to it. Hawn noted this would not be the case if the garage was near the driveway, but Olson said the driveway was long Stoddard asked why a C P was required Mabusth explained that it was due to the lot being a through lot requinng a 50’ setback at both the front and rear setback lines. She noted that the lot being a comer lot also creates a hardship for the Olsons Schroeder asked Olson if she understood that the sewer line would have to be relocated Olson said she did nut would rather relocate the sewer line than relocate the garage. Mrs Olson asked if she w as unable to move the garage, what requirements would be involved in repairing the garage Mabusth said the garage was non-conforming and needs major repair w hich requires a v ariance Mabusth added that the garage roof also needs replacement Olson said the rebuilt garage would not serve as a retaining wall for the bank. Olson said when the property was sold, the house would probably be taken down. Mabusth asked Olson if she found the garage to be convenient Olson said it w as very convenient. MINUTES OF THE ORONO Pl.ANNING CONLMISSION MEETING HELD ON OCTOBER 21, 1996 (#8 - #2182 Herbert Terr> Olson - Continued) McMillan asked if there was any more detail on the retaining walls Mabusth said no detail was known but the design would have to show how much excavation would take place McMillan also asked if sewer lines can be moved Mabusth said they could but would be at the expense of the applicant Mabusth also noted that the sewer lines need clean outs located everv so many feet Schroeder asked Olson if the> have thought through the cost involved in relocating tne sewer line Olson said no but did know what the «'*wer cost them initially Schroeder said it was his opinion that the application should be tabled to allow tor further consideration. Olson was informed of the proceedings whether the application would move on to the Council or tabled and brought bark before the Planning Commission. Hawn asked if the Olsons w ere able to pull out from the garage onto Bayside Road. Olson said there is about I-1/2 car lengths prior to entering Bayside. which enables them to look for any traffic Stoddard said he struggles with relocating the garage in this area when there is room to move it elsewhere without requiring a variance Berg added that the cost of moving the sewer line is on top of the relocation. Mabusth asked the Planning Commission for direction, whether they would allow the rebuilding of the garage in that location, to enable the Olsons to proceed Hawn said she didn’t understand why the applicant preferred the garage in that location but asked for consideration of safety and of other options Hawn also asked about any impact on the sewer, the cost involved to relocate the line, and whether the applicant was prepared to pay the cost McMillan suggested building the garage to the north She later said it would be a good exercise to consider such a change Okson responded that it would require more excavation McMillan asked what makes this garage handy. Olson said she’s able to look across the street and stores items in the garage, though not her main reason McMillan said she favored tabling the application and would like to see the design of the garage if it is to be lebuilt in that area or see a working plan for a garage off of the long driveway. HawTi moved, Berg seconded, to table Application #2182 for further review V'ote: Ayes 5, Nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#9) #2183 CHARLES "BUCK" KR.AIMER, 2990 SOMERSET LANE - CONDITIONAL USE PERMIT - PI BLIC HEARING - 9:24-10:04 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present Mabusth reported that the application is for a conditional use permit to dredge open water areas within two wetland areas The applicant owns three lots within the Old Crystal Bay- plat In review of both sites by the Engineer, no problem w as found with creation of the pond in the northwest quadrant of applicant’s homestead property , w hich is of a type 7 wetland The type 7 wetland in the woutheast and front yard was reviewed by John Smyihe of Bonestroo, who is an aquatic specialist Smyihe said he would like to see this type 7 w etland protected and not altered, which w ould result in loss of several elm trees and sedges found within the wetland Mabusth noted that this area is not a DNR protected wetland, nor is there wetland located on the City designated wetland map*^ Because of this, no variance is required Mabusth said the applicant desires to have an open water area with the creation of irregular shoreline to encourage habitat with 8; 1 and 5:1 slopes Gustafson and Smyihe warned that this may result in the loss of vegetation and a unique type 7 w etland that show s no signs of degradation Kramer said his intent is to improve the looks of the area, and he is in tavor ot preservation Kramer said he was informed that he could go around existing trees, noting that alot of the trees have been under water for years Some have already been removed due to the flooding, which Kramer feels will continue. Kramer believes the irregular pond design will protect what is there. Mabusth questioned whether the pond has been designed and if it will be as proposed She noted that the existing plantings provide a natuial bufl'er from the cul-de-sac Kramer reiterated that it was his intent to preserve the area with open water, irregular shoreline, use of nursery seedlings, and possibly some new trees lie mentioned working with a nursery firm in Wisconsin Schroeder asked if the applicant intended to plant evergreens and grass for a decorative pond Kramer said the plantings would be geared towards wildlife He also informed Schroeder that it was not his intent to mow the area McMillan voiced concern with the steepness, noting the difficulty in creating a gradual grade, and with working around the trees without destroying the root systems Kramer said he would have to be selective but did not agree that the area was steep. McMillan noted that some wetlands dry up in the summer and type 7 wetlands tend to be seasonal. She informed Kramer that tamaracks aie a more natural tree for location next to wetland areas Type 7 wetlands were conducive to more deciduous trees, such as ash. McMillan noted the difficulty in growing plantings in some soils and the need for information. Kramer reported that he has completed 5 or 6 ponds, which have been very successful, lie said he lost about 25% of the trees and kept replacing those lost. 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#9 - #2183 Charles Kramer - Continued) Berg asked what the purpose was for the open water Kramer said it was his intent to attract waterfovsl McMillan reported that he needs to realize what surrounds the area, i e , houses and dogs, and what privacy is there allowing ducks to be attracted to the area Kramer said there are ducks and geese now He added that he moved to the property 1- 1/2 years ago and intends to enhance what is there with the right input from experts Schroeder asked if Smvihe has visited the property Mabusth said Smyihe visited the property on this date and w as of the opinion that the ponding should be discouraged as the area has not been degradated and is very unique He did not see any problem with the pond in the northwest quadrant Stoddard questioned if the open water area could be created in less than 100 cubic yards of spoils removal. Mabusth said a permit would not be issued as the City would restrict all land alterations within this wetlands as a finding and condition of the current conditional use permit McMillan asked if there was any problem w ith a back yard wetland. Mabusth said no. Smith noted that the Commission has reviewed other ponds, questioned there were specific requirements, and how this pond compares to those mentioned Mabusth said the ponds being referred to by Smith were protected wetlands and required a variance It is not the case in this situation as this wetland is not a designated wetland Smith noted that the Collin property is unique and eflbrts were made by the City and developer to protect it. Smith said she was not comfortable with the intormation on what the ponds will be like Hawn agreed with Smith She would like to see specific drawings on how it will look over time She also questioned how the ponding could be created without destroying the elm trees Hawn w ould also like the updated plans to include what kinds of plantings w ill be used and where they will be located Smith added that she would like to know the elevations of the plantings. Smith suggested a wetland specialist could provide that information. Kramer asked what the responsibility w as of the Corp of Engineers Mabusth informed him that it is their responsibility to look over land alterations for unprotected wetlands. She noted that the covenants obligate Kramer to have the Corp of Engineers review the alteration as it was classified during the subdivision Kramer said the Corp of Engineers had no problem with the pond Mabusth said they would have no problem until it involves filling Kramer said he understood that development destroys such land but it is his intent to preserve it. Mabusth informed him that the plan before us would destroy plantings. She noted the need for more detail as there is concern when equipment is sent into this wetland area. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#9 - #2183 Charles Kramer - Continued) Sc ifoeder commented that one option would be to do nothing as the area is fairly unique a> it stands Kramer agreed that this would be an option Mabusth noted that there are guidelines to be used for spoils to protect thr septic sites and wetlands She suggested John Smyihe work with the applicant Kramer said if he thought trees would die. he would not go ahead with the plan Mabusth responded, with the plan as shown, trees would die Kramer said trees have been under water and will be again McMillan added that alot of trees do live, some do die, and some become duck blinds, all as part of the natural cycle Stoddard inlbrmed Kramer of the problems incurred w ith type 1 and 2 wetlands producing purple loose strife He noted type 7 to be rarer and need to be preserved He suggested Kramer research wetland consultants, who could delineate what is there and will know what will grow Kramer asked if it w ould be all right to add plantings Mabusth said it would and noted that there was personnel to assist him in that area Hawn asked to discuss what will be done with the spoils Mabusth said the spoils would have to maintain a distance of 20' from any wetlands The key is to protect the septic sites and keep trucks away from those areas by staking it out Mabusth noted that the 26' separation from wetlands required by code protects designated wetlands. She saw no problem with the 20' for this area. Hawn noted that for conformity, she was requesting the 26' separation Mabusth said the Commission can ask for 26' Stoddard inquired about the elev ation of where the spoils would be taken. Kramer said Mark Gronberg suggested some spoils be taken to the left side and some to the right side of the roadway McMillan responded that there is alot of vegetation on the left side of the property and believes the spoils would kill alot of the vegetation. Mabusth added that there is concern with restoration of the ground cover When asked by Kramer where the City would prefer the spoils to go, Mabusth said the optimal choice would be to leave the site entirely but feels a suitable site can be found on the property once the wetland and septic sites are staked out Stoddard asked when the applicant intended to create the pond Kramer said he would like to complete the pond this fall. Stoddard noted that it takes time to delineate, mitigate, and develop a restoration plan Stoddard said he would agree to the pond in the back yard with more detail received prior to the Council meeting. Mabusth asked the applicant to work with Staff regarding the front yard pond. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#9 - #2183 Charles Kramer - Continued) Hawn moved, Schroeder seconded, to grant Application #2183. in part, for a conditional use permit to excavate a pond of the degenerated type 7 located in the rear yard behind the southwest pool and permit the applicant to place spoils 26 ’ from any adjacent wetland on the property having previously located septic and building sites The spoils are to be confined to the east side of outlot C with suitable erosion control steps taken under the direction of the City Staff. Kramer asked if this prevented him from placing spoils on the left side of the property. Hawn said it did Schroeder commented that there was enough space and fewer spoils than originally planned Hawn added that there was suitable vegetation on that lot before building and would require erosion control Mabusth aereed Schroeder asked that the motion include a 16-1/2' edge around the perimeter of the pond be planted with plantings conducive to a wetland pond. The other type 7 wetland on the property is not to be altered. The applicant is to work with Staff regarding additional plantings V'ote Aves 6, Nays 0 (#10) #2184 BRIAN CARRINGTON, 1920 SIXTH AVENUE NORTH - VARIANCES - PCBLIC HEARING - 10:04-10:09 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The .Applicant was present. Mabusth reported that the property is located on the north side ofCoRd 6 There will be a new residence on the property The existing residence is proposed to be converted into a storage structure and plumbing fixtures are to be removed The issue lies in that the e.xisting residence, now becoming an accessory structure, is located in front of the new principal structure and requires a variance. Carrington said he would like to maintain the heating system in order to work in the storage building. The heat would be used only when he is In the work shop refinishing antiques Haw n asked if this can be done without maintaining water Carrington said he would like to keep the well for watering the shrubs adding that the water would be turned oft' during the winter months Carrington said the structure would be used as work space only. Hawn asked if there w ere any necessary ’ repairs. Carrington said he would need to reshingle next year and perform some repair of the foundation supports for the porches. i is Mn'JUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (^ilO - 2184 Brian Carrington - Continued) Smith asked if there was any historical significance to the house. Carrington said, although It \sas the Wolsfeld property, there is ro significance noting the size as being that of a double earaee There were no public comments Stoddard asked about the well. Carrington said it would be used for irrigation and would need a spigot only on the outside of the structure A new' w ell is being dug for the new residence Smith moved. Hawn seconded, to approve the variance to convert the existing residence to a storage building to include heat for a workshop and maintain the current well for use as an irrigation system for outside yard use. The other plumbing fixtures are to be removed McMillan asked if the neighbors w ere notified Carrington said he spoke with the adjacent neighbor, who approves, and the City notified others in the neighborhood. Vote Ayes 6, Nays 0. (#11) #2185 RICHARD AND MARV JO KOVACEVICH - 1580 BOHNS POINT ROAD - VARIANCE - PUBLIC HEARING - 10:09-10; 14 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was represented by Jim Jensen. Mabusth reported that the residence was built in 1987 along with the pool. At that time, the open water area of the pool w as not considered hardcov er It is now considered hardcover resultinu in an excess of hardcover over the 25% allowable Hardcover exists at 27. l8®^o The proposal results in no increase with the placement of improvements over existing structure fhe 75 s f of additional hardcover will be matched with the removal of equal concrete area Structural coverage is at 11.3% 1 here is no impact on the average lakeshore setback as there is no structure on the property to the east. Mabusth said there has been no response from the neighbors Jensen said the 900 s f swimming pool will held 9" of water during rainfalls. McMillan added that the pool cover would have to be removed for this to occur He noted the 870 s f of excess hardcov er or 2.1% in the 75-250 ’ setback The home is located 150' from the lakeshore Jenson said there is good retention on the property and no net change in the hardcover. MINUTES OF THE ORONO PLA.NNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 There were no public comments Hawn moved. Smith seconded, to approve Application ^2IF5 hardcover variance with no net increase \ ote r' ves 6. Navs 0 (#121 ZONING AMENDMENT B 5.B-6 - C ONTINCA MON OF PI BUG HEARING - 10:14-10:20 P..M. This application is a contin»*ation of the public hearing on the Zoning Amendment for the B-5 and B-6 Zoning Districts The changes in the amendment arc a result of a September 27 work session Ntabusth asked if there were any questio ns Hawn, who was not in attendance at the work session, asked for clatificatior. p .^zia ning to permitted uses She cited the example of allowing a sit-down restai./ant but not a drive- thru restaurant Hawn asked what Orono’s viewpoint was in respect to erving alcohol in an upscale cuisine restaurant ^chroeder responded that it would requite a future amendment of the code The exclusion is drive thrus w ould not be allow ed under conditional uses either McMillan inquired if there were any liquor restaurants in Orono Mabusth said the only one Would be Jimmy ’s Lounge Mabustb s.aid a Class I restaurant with on-sa!e liquor would require a conditional use permit as well as a liquor license Schroeder alluded to page 1. under Discussion, item #1, where a Class 1 restaurant is dexvribed as a sit down restaurant with no liquor or live entertainment and inquired if liquor was not allowed Mabusth said the definition came from the existing code. It w as decided that all of the business uses should be revisited and reviewed to consider further changes during this upcoming year Schroeder moved. McMillan seconded, to recommend approval of the draft ordinance. Vote: Ayes 6, Nays 0 PLANNING COMMISSION COMMENTS (#13) REPORT OF PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL MEETING OF SEPTEMBER 23, 1996, CHARLES SCHROEDER Schroeder noted no confticts with decisions made by the Council on zoning issues. i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21.19% (#14) OTHER ISSl’ES FOR DISC I’SSION McMillan reported that the October 14 Council meeting was historic with its unanimous approval of the Alternative 6 proposal by Mn/DOT This proposal places thv .::w Hwy 12 on the north side of the railroad tracks w ith major effect on the Orono Oak. neighborhood, east of Orono, and Silver Meadow by Old C rystal Bay Road McMillan said the railroad would benefit from the elimination of three at-grade crossings and two railroad trestles at Orono Orchard and May Street Final approvals are to be made in November (#15) PLANNING COMMISSION APPROV AL OF MINUTES OF THE SEPTEMBER 16, 1996 MEETING Schroeder moved. McMillan seconded, to approve the Minutes of the P'mning C'ommisf’on Meeting of September 16. 1996 Vote Ayes 6. Nays 0, (#16) PLANNING COMMISION TO SELECT REPRESENTATIVES TO ATI END THE COUNCIL MEETINGS OF OCTOBER 28, 1996 AND NOVEMBER 12, 1996 Mabustli noted that the ice arena issue will be discussed at the upcoming October 28, 1996 Council meeting if the MUSA application is approved on October 24 Hawn will attend the October 28 meeting of the Council. Berg w ill attend the November 12 meeting of the Council. ADJOURNMENT Schroeder moved. Stoddard seconded, to adjourn at 10:28 p m. Vote: Ayes 6, Nays 0 Charles Sch. oeder. 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I '' >,mi rm jij#. ^ ■■'Si ■■ ,f-:/ r .Wm Ss'V > >1 U»- ->J5 tSJZ -MS Mi }■■ •j -. ;~i ; ., ♦ ^•"> f'fii111-® “I-Ol 10 5^33 5§?5 §i-5§ ipi ^ K c •*^ O o*«re « •^§ = r •r 8^iris 3-^ Hi's- 2 5 a- a£ If •< =Uo.|> 3 2•3 3 3 O 3 3 c p r 5^ C c o o ao the Boats ... *1 HRIMP I IHy • Never Frozen d at MPLS/FRIDLEY If • 6319 Hwy. 65 ■ t north of 694) ■ 1 •10AM-5;d0PM I SEAFOOD CO. I :STON. TEXAS I I DATTON/rom A1 Donation will let state create area for environmental study FF WITH ordell OTGE rience ty Seat 43 hlei. liiirrUlHii m«.l. M|4% pac;i:aio*si/\|{ iiMKiiNi * The Luce Line Stale Trail abuts the iracM. and the 13NU envisions a site where trail users can park their bicycles then enter Wouil Rill, rhere they will walk beneath the canopy of tall trees and ihrounh a protected remnant of the Rig Woods. •'0>'»!.1rtilian brmmnr^ 'iVa II tw s givinq rtn aclual hand* on I tnlo»maiiv« 3 hoo» class Perl«cl so'lem Aho »Mant lo b»osh up Ion A Rosovitit) )Ion. St. Lenis Poit) Storts) ten) Park, Brooklyn Park B Roseville) Sleras) rIsr X Bloomington gll , liili ■ A S ns! 881-2595 Native forest 'Hie Rig Womls blanketed more than 2 million acies ol east- cenlral Minnesota, inchidinj* much of what is now the metro area. The hardwood forest was dominated by j»real. old trees, be neath which were countless wilil* Rowers. Most of that forest was logged long ago and has hern ciinverled to agriculnire and oth er uses. loilay. less than 1 percenl of the original Rig Woods remains — most of it in small, scattered parcels ihal h.ive been degradeil, often by grazing livestock and in vasions by nonnative plants. One of tire few large*, public tracts of the oUl forest is Nerslrand Rig Woerds State Park, near North- Held. rhere is strong iniere l in re storing pieces of lire Rig Woods. Rut that lakes lime: Cireal oaks grow slowly from liillc acorns, and the DNR and conser\'aiion groups art eager to protect the few jinvale parcels of the Rig Woods lhal renrain in good con- ililion. l ire Oroiro tract was identified as such a parcel last /ear by the DNlTs County biological Survey, which is an-inventory of natural resources throughout Minnesota. 'Ural prompted Djupslroin. who supervises the DNR's Scieirlific and Natural Areas Program, to tell Dayton and Strieker lhal the slate was interested in cooperat ing with them to preserve their land. Dayton. 78. is a retired chief /In inspired name: Riuce Dayioir. who donated ir>0 acres in Orono to the state, was inspired to name the tract Wood Hill by a pas sage in “Song at the 1 east of Riougham Castle.“ an 1807 poem by Willi.im Words- woiih; love luul be fuitnd in huts where poor men lie; lUs daily teachers had been woods and rills. The silence that is in the starry sky, rite sleeft that is among the lonely hills. To hear excerpts from the poem, call R73-9045. To read the lull poem, see Star Tribune Onli’ie at w'w'w.st art ribune.com. where he is a life trustee. A younger brother. Wallace Dayton, is a major contributor to cotiservaiion causes. Among his donations was a $1 million con tribution in 1090 to the Nature Conservancy to buy tracts of ex ceptional ecological value. Thai’s the largest gift ever fnim a Min nesotan to the conservancy, a pri vate group. Rruce Dayton had mil been involved in such land preserva tion efforts before he was con tacted by Djupsiroin. However. Dayton said. T or a long time, my wife and I had been thinking. 'What is the best and highest use lor this proper ty'C We didn’t want it developed. When the DNU suggested that they wanted it. we gave it a lot of thought and decided lhal wtiuld be the best outcome. It’s just the % MlESJWWW I ark St. Louis Park , H.vy I : >4 591-1535 I Ttm^nyrr^^iWiff ... _________ ____ natural outcome of what we’ve executive officer of Dayton 1 lud- enjoyed for almost 50 years." son Cnrp. and a major art collcc- In a subsequent meeting with tor and philanthropist. Strieker, Djupsiroin. Dayton asked, "Whai 01, is founder of the Marsh, a would you say If we gave ii to health and fitness center in Way- zaia. Dayton's philanthropy has been largely in the arts, l or ex ample. he paid $5 million in 1995 for a (Taude Monel painting for the Minneapolis Institute of Arts. you?’ Djupsirom's answer was suc cinct: “ That would be fantastic " A • 'j A 7 I *' •'%, -.**m Star Tf <)urc Photo by Miu; Zerby Bruce Dayton and his wife, Ruth Strieker, donated 150 acres of the Big Woods in Orono to the Minnesota Department of Natural Rerources. “It's just the natural outcome of what we've enjoyed for almost 50 years," he said. other benefits because of the donation, the DNH can draw $1.25 million from the stale Critical llaliiiai Match Accotmi to hoy the adjacent 29- acre parcel, which also is a prime remnant of the Rig Womls. The accotmi. part of the Rein vest in Minnesota program, is used t(» buy and restore haliital fur wildlife, fish and native plants. Donations of cash, lami or ease ments on land are matched dollar fi>r dollar by state money appro priated to the account. Recatise offers to donate mon ey or properly have outrun matching money in the accotmi. the DNR recently put a hold on using several million tiollars ’ worth of donations. That does not affect the $1.25 million made available by the Daylon-.Sificker gift. Howev er. until the Legislature appVopri- aies more money, the DNR can not use the additional $2 l»5 mil lion made available by lhal dona tion. Once that motey is available, Djupsirom said, the DNR plans to use it to buy or obtain protective easements on worthy land near the Oiono tract. Dayton and Strieker, who live on part of the tract, have alloweij neighbors to waU through their woods. Tve kept it open," Dayfon said. "I’ve encouriged other peo ple to enjoy it as Ido. I try to walk through it eveiy d^y." Dayton first acquired part of the tract in 19-17, then gradually expanded it by buying adjacenU undeveloped proi.H-Tlies. “1 have no ide.i what it would go for now." he said. "But 1 got here early enough to buy some of this land for S20U an acre." ■a___ JT tone gy mory oric dot al talk time NO lONt-TERM CONIRAGT REQOIREO! FREE CAllER I.O.! RP TO BO HOBRS OF STANOBV TIME! PRONE, PAGER ANO ANSWERING MACHINE w VffpW AILONE! Uncover ^nrdening tips atul informaiion every Thursday in Home cV: (larden. -r-Tf* News You Can Use. ATSiT Wireless Services Authorized Dealer