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HomeMy WebLinkAbout02-22-1994 Planning PacketPLANNING COMMIiSSTON MEETING TUESDAY, FEBRUARY 22, 1994, 7:00 P.M. 2780 KELLEY PARKWAY - COUNCIL CHAMBERS COUNCIL representative : - JoEllen Hurt ATTENDANCE AppUcants presenting proposals before the Commission are asked to move to the podium at the front of the Chambers when their application is announced by the Chairman. SCHEDULED PUBLIC HEARINGS\PUBL1C INFOR.NLATION MEETING 1 7 00 p.m.1^1903Ernest Lemmerman,1297Wildhurst Trail/4620 TonkaviewLane- Subdivision of a Lot Line Rearrangement. 2 7'30 p.m. #1905 John Powers/Ken HopkLis, 75/85 Femdale Green - Subdivision of a Lot Line Rearrangement ACTION ITEMS- Review of these items will commence prior to or between scheduled public hearings. 3.#1897 R. Hunt Greene and Jane E. Piccard. 865 Panenwood Road - variances - continuation of public hearing. 4.#1903 Tandem Properties, 2645/3025 Watenown Road - preliminary subdivision - continuation of public hearing. 5.#1902 Dan R. Guenthner. 120 Golden View Drive - conditional use permit - public hearing. 6.#1904 Eric and Shelly Liljequist. 3490 Birch Lane - variances - public hearing. Planning Commission Comments 7.Report by Planning Commission Representative to Council Meeting of February 14, 1994. 8.Other issues for discussion. If PLANNING CONCVIISSION MEETING - TUESDAY, FEBRUARY 22, 1994, 7:00 PJM. Additional Items 9. planning Commission approval of minutes of the January 18, 1994 meeting. 10. Planning Commission to select a representative to attend the March 14. 1994 meeting of the Council. 11. Planning Commission schedule of B-2 workshop 2/23/94 at 5.00 p.m. 12. Joint Mectmg of the Council and Planning Commission, March 11. 1994, 8:00 A.M., Council Chambers adjournment 05=r u •i ~ 1- »—.om n' :j S- ® n |r.§a? IT • <Kn O tj (/) CJ’^ O3 " n - V ?!• n!i?‘Ip- a n* O1 ^ i |3» PI si I ♦ I To:Orono Planning Commission Members Mavor Callahan and Orono Councilmembers Ron Moorse. City Adminiiirator From: Date: Subject: Jeanne A. Mabusth, BuildLng & Zoning Administrator Fcbruaiy 17, 1994 #1903 Ernest Lemmerman. 1297 Wildhurst Trail'4620 Tonkaview Lane Subdivision of a Lot Line Rearrangement Pertinent Ordinances 1. Chanter 11 - Class II Subdivision. Section 10.24 - LR-IB Lot Standards. Lot 1 Required = 43,560 s.t. or 1 acre Existing = 33.975 s.f. or .78 acres Proposed = 20,900 s.f. or .47 acres Variance Before Subdivision = 9,585 s.f. or 22% Variance After Subdivision = 22,660 s.f. or 52% Lot 2 Existing = 12,750 s.f. or .29 acres Proposed = 24,600 s.f. or .56 acres List of Exhibits A - Application B C Property Owners List Plat Map D - Planning Commission Action Notice E - Planning Commission Minutes 8/16/93 F - Sewer As-Built G - Original Sketch Plan H - Preliminary Plan I - Detail of Building Envelope for Undeveloped Lot Description of Request r , i. t Applicant has fulfilled directives of Planning Commission at time of sketch plan review. The required topographic information will be included in your packets either on Thursday or . - f viy»*nfhpr rp'jtricted outside activities i he requuxa lopo^rapnic uuuimauuu vrui ... ----------------- - - . . presented at your meeting. Unformnately, the extreme cold weather restricted outside activities but surveyor has confirmed they will be available for your review. Note the rear lot line of existing developed lot has been moved 12’ further south maintaining a mi^um 15’ setback from the existing garage. Note survey shows a 7’ 3" setback to the west side lot line. As noted in the earlier review, a sewer unit has been assessed against the undeveloped parcel. Access to the proposed new building site off of Tonkaview Lane must be approved by the Public Works Director. Zoning File # 1903 February 17, 1994 Page 2 Since the sketch plan review staff has learned that part of the subject property is torrcns property and the lot line rearrangement must be recorded as a formal plat. Note surveyor’s notations advising of vague descriptions for boundaries of undeveloped lot along Wildhurst Trail and Tonkaview Ijne. Surveyor has advised that the plat will not be accepted by Registrar of Title Office with these boundary discrepancies. Applicant must file for a registration of undeveloped lot for plat to be accepted by the County. The applicant chose not to file a variance application with the subdivision application. Before Mr. Lemmerman priKeeds with any further expenditure of funds for registration of propertv', filing of variance application and platting costs, the proposed subdivision will be presented for Council ’s conceptual approval. fhe Planning Commission may act on the current preliminary subdivision application but the final plat cannot be presented for Council ’s formal and final action until the registration of the property is completed. If Council conceptually approves the proposed realignment of lot lines, applicant may proceed with the necessary steps to complete the subdivision, file a lot area variance for the undeveloped lot and commence registration of remaining property. If Council denies proposed lot line rearrangement, applicant may file a lot area variance for the existing lot at .78 acres. Issues for Consideration 1. Should shared lot line be readjusted at northwest comer of proposed Lot 2 so that existing garage meets 10’ side yard setback? 2.Upon review of the topographic information, does the newly proposed division line reflect limitations of physical boundaries? Planning Commission Recommendation The Planning Commission ’s recommendation of approval must include the following conditions: 1. 2. 3. Application cannot be presented for Council ’s action until registration of abstract lands is finalized. Designation of drainage and utility easements 10’ wide along the perimeter property lines of both lots and 5 ’ along the interior. Realignment of side lot line so that existing garage can meet 10’ side setback -- any other changes to reflect topographic natural boundaries of properties? Isv kmimom material necessary for complete preliminary application 1. Completed Application Form 2. Preliminary Plat information on Certificate of Suryey. 3. Certified Property Owners List of owners within (you must obtain 348-3271) Hennepin County Department of Finance A-603 Govt'Center 4. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. completV^*^^°” Zoning Department that Preliminary Plat Application is Zoning Official's Signature Date <3 m ^ “ 2. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. FEES Sketch Plan Review (Class 1, II & m)§200.00 Subdivision of a Lot Line Rearrangement Preliminary Review (Class I & ll Subdivision) Preliminary Review (Class III & all non-resldential) qooTooN 300.00 325.00 + 25.00/Lot Final Plat Review (Class III) •(Plus any legal or engineering charges)175.00 Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application 150.00 100.00 The applicant hereby agrees to provide all information required or Plannina'co^lssf Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this anni i <-■» further agrees to pay all additional fees established by ordiMnce. Applicant's Signature Date Ovmer C7 Date Office of this change prior to the meeting. J gi-.i M v.« »a MAW «k« ,#« «\'-A■■•■■';^;i \m■ aONNIR HAM S« 07rll7-ZS S2 0020 moo AWm J (K«5S TONKAVIEM la ~ DENNIS A NEVER DfNNXS A NEVER A«60 NORTH SHORE OR NNjV fSJiA. f i t:tis 07-U7-25 S2 004S OASAO ^ TONKAVIEN U KE»METH J HICKEV KSMR^TH J HICKEV lAAAO TONRAVIEN LA HE>«CPIN COUNTV PROPERTY INTORNATION SVSTEH PROPERTV OHNERS LISTSO 07-117-25 52 002A 00058 ADDRESS UNASSIGTCD DENNIS A NEVER DENNIS A NEVER 4480 NORTH SHORE DR HOUND Itl 555AA58 07-117-23 32 00A5 00058 ADDRESS UNASSIGNEO J 0 OOLEZAL A J A ROSTAD J D DOLEZAL A J A ROSTAD AA50 TONKA VIEN U NOUNO m 5554A 'v,4/ ‘ ' ♦ I. At'-" ■ ■j' :* * ' A* ^ v'V ‘i* iltlM 4] St T9t~U7>23 St 00A7 DASM' TOMCAVIEN LA |^t^ iU|.L ; . • ; - , HILLXAH A tULL " ‘ totka Vien U , ‘.r ■ I i c ' -isy ‘i”*" *1 -'i 003 00027 v ‘i ■ -oK H i ■H c 't: 1Kv’*'®' . . V f • • R * A * '>r» ^ * . •. ;'* *• •' 4. •k 8.1 r S'fi 'LT ^ P C r 1•. ■: Ij »p?:K*?- . ■■■. . i 58 07-117-aS 5^ OOSO 04880 NORTH SHORE DR DENNIS A MEYER DENNIS A mYER 8880 NORTH SHORE DR MOUND MN 55384 t I «• V ■ to • • •(• A V • • «■•! Vi *... «•’ REIK»T NO. PIA35A01 PACE 1238 07-117-23 52 0050 01510 REST POINT LA C H REICH A L F REICH $ H A S J SCHHIOT 1510 REST POINT LANE HOUND NN 553AA N*.'• *-> A,I •"•A•1.11vv.*. r :1 •■■ .r' T-to V vi.vAv.^'. •. V ';. ■, ^L'. ’K-- •'•■ ■ v' -' i:..:.m. • ’ i «%38 07-1X7-23 32 004804850 TONKAVIEH LA J 0 OOLEZAL I J A ROSTAD J 0 DOLEZAL I J A ROSTAD 4850 TONKA VIEH LA HOIM) HN 55384 38 07-117-23 32 0052 01315 REST POINT LA K J GROVER i S R GROVER KEVIN J GROVER AND SUSAN K GROVER 1315 REST POINT LA HINNETRISTA HN 55384 * VtA» 4 '. ' , *t„ *■>“ K’ • • ■ ^ 'U''^r- ■ • *-K‘• ' I ' W‘ * I W'to .'•‘ir '■ V'-:V NS4,':aV ' T V.ri P.;v "Y , y-'-v •. . I ’•i - V'i--i * r •■•-TV;; I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTNENT OF PROPERTY XAXATION. TO THE BEST OF NY KNOHLEDGE AND BELIEF DATI ARl^t^ ^ 'V *11.* ' : t . ♦. ;:'V ...ri' -ra* . I. t3 «>» •fl7-^^'« **Oll#|/ '^ttlOHURST Tt MNOLP H SOSKIN «NOLO n SOSKIN Ot gOOCNOOR.DR HE^•4CPI^^ COUNTY PROPERTY INFORtUTlON SYSTEM PROPERTY OHNERS LIST m^-- ti5 ppno^ > •^07«U7-» n'ooiaLtmST POINT CIR •#WXrt |UY JURKNS .•RTWaC^JUROfNS- »tg pitT POINT cm 97-U7-25 51 0027 'MTLBHURST TR,_ _,, 9im ^KILOHURST TR «»!/N*«fei'j*W «7l£5r .i«iu» KtinUlWST TMa */*• ’ • l^ JSr-07:117-25 51 0051* (JJassi-.a ; Hse • uw oEV fNp JT s i -^5402 ^ ' i#lii ♦• . r ■ / MTOWl^-M 51 0050 WtOMU^T TR ) {%.t i r I I* ti •» •i >■ 'f V-. V' Vi H NfVSH ETAL ___H»€LSN- E14 NZLOHURST TRL W'l'?5504 i ■ ■ ipSsRW'fc^ttHTON 0 » SHERYL L NOLO IN^wg^ffOAtS TOMUVIEN LA “*S 'r >.V.v--Y- .1 •\:U fr. : .V-- H‘-- • «• ' J '■ ' V I :.v^ 1; , K ,.,;t .. • 58 C7-117-25 51 001501270 MILOHURST TR J I R STASIK JAMES STASIK 1270 HUOMURST TRAIL MOUND 7M 555A458 07-117-25 51 0015 04545 NORTH SNORE OR HAROLD L AL8RECHT ETAL HAROLD L ALBRECHT 4545 NO SHORE OR MOUND FM 55544 . ’ %I .fA I ’ • ' ' / 1 • •*4 t* ■ .» 0 . % P I ■ k •♦ A * 58 07-117-25 51 0028 00058 ADDRESS UNASSIGNED ROBERT L BIRKELANO A WEB ROBERT L BIRKELANO • ; 1258 MILOHURST TRAIL ’ mound mm 55544 58 07-117-25 51 0052 01297 MILOHURST TR E J LEMMERMAN ETAL ERNEST J LEMMERMAN 1297 MILOHURST TR MOUND MN 55544 , • • .9\ ' r \% 58 07-117-25 51 0058 01241 MILOHURST TR f \ t,’ S M HENNESSY A K L HETtCSSYi' » . • . 1 *. ' *1?• '* \s , ■*}■> • * ‘ ‘t i •«■ ’•I'' • . •• t P 4 S M A K L HE7t«SSY 1241 MILOHURST TR mound W 55544 \ V • p 38 07-117-25 32 0024 00038 ADDRESS UNASSIGNEO J R ABRAHAMSON/0 ABRAHAMSON JAMES R A DAMN ABRAHAMSON 14475 40TH PL N PLYMOUTH m 55444 w* ■- # »•■ /r; . t %• f N 'REPORT NO. PIH5S401 PAGE«. PI455401 , , .V, . t 4 1 fja J;. .V -ftr'Y.' •! f.■' ‘Sw;iv ■v,^::,Av:..38 07-117-25 51 001701557 REST POINT CIR STEVEN M BECgAFT STEVEN M BECRAFT 1557 REST POINT CIR MOUND rt4 5554458 07-117-25 51 0024 00058 ADDRESS UNASSIGNEO ROBERT L BIRKELANO ETAL ROBERT L BIRKELANO 1298 MILOIWRST TRAIL . , mound MN 55544 58 07-117-25 51 0029 04510 NORTH SHORE OR P SAMICKI A K M SANICKI P SANICKI A R H SANICKZ 4510 NORTH SHORE DR MOUM) MN 55544 38 07-117-23 31 0033 00038 ADDRESS UNASSIGNED ERNEST J A MARY J LEttCRHAN ERNEST J A MARY J LETtCRMAN 1297 MILOHURST TRAIL MOUND MN 55544 . »V \ r - - - - - -- ^ :• v..,-5 k’Vif> 38 07-117 00038 ADDRESS UNASSIGNEO KATHLEEN 6 ASH KATHLEEN 0 ASH . ' 4589 SHORELINE DR 8101 SPRING PARK MN 55584 38 07-117-23 52 0027 04455 TONKAVIEH LA MAYZATA PROPERTIES INC MAYZATA PROPERTIES INC P O BOX 8 EXCELSIOR MN 55551 , (in”7T. V -/ ^ ,9/> .*v '• iC6)(57)/^V7 ■'.;'^/s %ft «3 4 Si -^ ..Vw'6^ -1i-:33L (47)W1<• "I N4 1 O /-^1 'XC7'-^^1 ■^ii —~y 5®^-i -v’{r)i^>v/y V*.2 (451V a:“ TOMSCAVIgJff. "'' ^? Y 1 Aft A.(46)? (38) ;’J ■K (3^i \ 7.^>4 n (9) V 21)7 5 v: V. 46^ ) 14) V ^ 4 je ^ 1 (^3)|SAI^DESilS L (15) N8^*T6-# fC4 V»<-^ (27) 44 « C4ST LINC C7 < L S H3? 7 Pt ly ka» 79. (5C) I Sniffs ^7 0* is^ wl^( 26) g TsT K (13) t\ (32)’/ (26)O. J rt*A ? f ?».05 .(31) /v 36.2 (24)/(27) 7 V. / / ^ 64 T9 1.66 ** / '(IS) '(17)V < ,2s (58) c M ■-S ■ >.. c/thistas«a; COTI2 '(») 9?II ; .z''fk 56)7^O M \^ n ST^\(29)1 (29) :?53. (30) ‘.i: ,<• # P'W S i r (53)V (52)9 ►X ; r" 350 5/ss’■NeRW.35' 6*469 9? 4 15 \X X 6r 61 37 57 ( »7) (34)(I* .t \V.c- C9). TMCCn T (TLi (39) \ 14;. 3 ■7 V' (5) 16 (37) 5 \, >>> j’ -V (M)7 “\> IJ \■\ V ‘V Cm 271 ^ * A ^__ (37)V *. ► 37) £*SI U»< Cf * I S itW - j^94.T9 <5*vY '-9* n 'J!- V. '9a A z 97.™r' NOT TANOCNT 1^4 iS. f > ^./' '> CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #1845 NOTICE OFPLAiNNING COMMISSION ACTION DATE OF NOTICE: August 25, 1993 TO: Mr. and Mrs. Ernest J. Lenunerman 1297 WUdhurst Trail Mound, MN 55364 TYPE OF APPLICATION: Subdivision/Sketch Plan DATE OF MEETING:8/16/93 VOTE No formal vote of the Planning Commission is required for Sketch Plan reviews The Planning Commission provided the following conceptual direction: The Planning Commission looked favorably upon the proposed lot line rearrangement and concurred with the staff that upon review ot required topographic information, the City may request that the building envelope of the vacant propern' be e.xpanded by taking additional land to the north and west of your homestead property. The Plarming Commission also agreed that the lot area variance was reasonable with lot proposed at approxunately 19,000 s.f. Staff would recommend that this subdivision be completed as a plat rather than a metes and bounds subdivision. It is not clear whether the property has been platted with the drainage and utility easements along perimeter boundaries of each lot. The surveyor should make that determination to determine if a vacation would also be necessary. The City will request that drainage and utility easements be defined along the perimeter of each of the lots if they have not been dedicated with the original subdivision of the property. At the time of the filing of your formal plat, the City will ask for topographic information to determine whether additional area from your homestead can be given to the undeveloped lot. Staff would recommend that you meet with your surveyor to determine benefits of platting the lot line rearrangement. Staff would also recommend that you arrange to meet with staff prior to filing the application so that staff can make any other recommendations. Subdivision of a Lot Line Rearrangement Fee = $300.00 It is staffs understanding that you will apply for a lot area variance application with the subdivision. Please advise staff if you plan to submit a development plan. If so, preliminary sketches or floor plans should be provided along with conceptual elevations of proposed stracture and survey of the newly configured lot locating strucmre on survey. Surveyor should also include topographic information on survey. Lot Area Variance Application — $175.00 Please contact Jeanne Mabusth if you have any further questions concerning the review of your sketch plan or of your pending subdivision/variance applications. Please be advised that the review of the subdivision and variance application will be separate applications and reviewed on their own merits. Isv * i )f • i minutes of the ORONO planning CONLMISSION MEETING HELD AUGUST 16, 1993 ZONING FILE #1852 - CONT. . , • ^ thW u a 12 acre former dump site that was closed in the early ’70s. The Mabusth explam^ ^ ^ cubic vards but fill was never received under the City limitwi apptom s ^ jjj [o.ooo cubic yards and the conditional use first pennit. The second pp received from Stubbs Bay permit in effect cutrendy « for *0^^^ , recent lake sewer project ^ Eisu-er is represented by Cliff Reep of GLContiactmg, SrMrnSrwrenTrl^cuMc^y-ldageLuid be reached^ •III!Reep replied he is not sure when they wUl complete the total 20, Mabusth suted that aU of the conditions of the original application wiU be held. Peterson asked if he has always met every prior condiuon and if there were any problems. Mabusth reported a recent problem a week ago regarding filling of tires but the matter was cleared up. Nolan asked why all the filling, for use. ,t was moved by Peterson, secon.^ by f i^‘--™^trp ”r^t he^^“ueTt^'S fo«S «- *•« requirements. Ayes 4, nays 0. (#12) #1845 ERNEST LEMMERMAN JfT^oposed lot line rearrangement and lot area VARIANCE - 10:02 TO 10:21 P.M. Mr. and Mrs. Ernest Lemmerman were present. MINITTES OF THE ORONO PLANNING CO.NLMISSION MEETLNG ' HELD AUGUST 16, 1993 ZONING FILE #1845 - CONT. Mabusth explained applicant seeks direction concerning approval of a^proposed lot ^ reaningement and variance for the development of a vacant lot. The access “ I nroDcrtv is on Wildhurst Trail. He has purchased tax forfeited property and has ^out 33,000 s f. S area. The proposed lot line re^gement will reduce tte vacant lot to 19.600 s.f. Mr. Utnmennan ’s homestead lot would be mcreased to 26.150 s.f. ^ i^rested. He has been there for 36 years and has cleared up that area. It has a nice vie^t of Forest Lake. Chair Schroeder asked if it is a buUdable lot. Mabusth answered the lot needs variance approval as it is m a 1 acre zone. It is sewer approved. Volan asked whether it would be a benefit to realign the lot for better balance. Your waU is only a couple of feet behind your garage. The line could actuaUy be moved ftirther down balance. Uinmennan said that would not be a problem and noted the hill being useless. He explained several years ago the residence had burned down on the vacant land. Chair Schroeder stated that the issue here would be a lot area variance. J^d^tTiL^e wlw rm^"ts‘?0%Tf Sa^but he doesn’t meet 80% for the required lot areas. Lemmetman stated that he would have no problem dropping the lot line down. Mabusth asked if memiKts TOO^SiS^rof It was reviewed favorably in 1985 required airf members need only give So‘n“rppSr^ U wlTa^o help m determine lot lines by examining a topographic map but we do not have any topo information. MINUTES OF THE ORONO PLANNING CO.\LMISSION MEETING HELD AUGUST 16, 1993 ZONING FILE #1845 - CONT. Peterson stated he had no problem with what Lemmerman is tr>'ing • do and it seems to fit into the rest of the neighborhood. It is an unusual piece of property. He would like to lake a look at the topography. Lemmerman said he har been working with it since 1986 to make it a workable situation. Mabusth relayed information that she received a phone call from a lady who was an interested buyer.. Lemmerman stated he had not been contacted. Peterson said he felt Lemmerman was on the right track and to keep working with her. Schroeder said it makes sense and is consistent with the neighborhood. (#2) #1848 CITY OF ORONO, 1940 SHORELINE DRIVE - 1000 OLD CRYSTAL BAY ROAD COMPREHENSIVE PLAN AMENDMENT NO. 5 - MUSA BOUNDARY AMENDMENT PUBLIC HEARING - 10:21 TO 10:32 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained that both properties are outside the MUSA boundary lines. The septic system at 1940 Shoreline Drive has a failing septic system. The applicant seeks approval of a connection to an existing sewer line at the southwest comer. The property is approximately 2 acres in area. The adjacent property owner, Mr. Morse, and the railroad do not have a prc‘'lem with the amendment as proposed. Peterson commented that we should encourage these hookups to eliminate septic system. Mabusth said they should be encouraged in the shoreland areas and this is a property that is located within a 100’. Callahan said you can’t be connected to the sewer unless you get the approval of Metropolitan Council. The other connection involved here is the Melamed property so you are being asked to approve those two MUSA lines. PoMJii 60^0 r.J.b. / /. tj^/^<rrrtc. y^-52. lx 7^^ V^-JT3 ^ To fAy Lof V >-e-K II r » r « f I PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR ^ ERNidT LEMMERMAN ... -4Q^;rONlCMnEllf GARDENS [fTIO^A: f0,m n» #r fjfti l•.ti..»t.Mr iO r.it jt rig« rj? p«r>i .1 Kltli Mid do-tMMttriy IlM il tnU tfcwc. dortliwmrly to tho polot of Oogloo i r>At a^ttmOE I: Airat%Mft Of^t TOMKAJIM ffoI^UriiiWumrlJt“rwro;|‘S.nhJ.|t.f}y Mr.no. Wtj tM is,2%lB:R.RrR"RR^Ks «j h s?.'tRM**s*f IR iRi ^W^|tanntplf» County g RlARtfOti. Ii•r'4MUt • t Mrktr fouad mi iMtrUiff tro upon on »iii»td ditoR# ' t ’ ’ * > ■ v;.i .* *r m»N o*«; fi«.«irT»oK A J • COFFIN & GRONBERG, INC |'*2 I .ir.’.if .It t'Ui* ' I I".! fti: r'^ mi .ill \i\ ' -V I hm-K trrt.lt tiul lh.t tunrt hj» I'crfMird K mr .w «|»Mn «n<) lh*l I**4 dulyrr|ii*lnrdCu.llnjinrrf 4»tdUftJ^urtrttu under Ihr Ut«' td ihr Suit .d MritncMHi ------------------------ Milts r.iv«avrK Mwtort.4j Lnentr SumSt U" tCAlJ P30* D*n I2I0-93 93-900 f it «* ' a ft . 4 • > TO: FROM: DATE: Planning Commission Members Ron Mwrse. City Administrator Jeanne A. Mabusth, Building & Zoning Administrator February 17, 1994 SUBJECT: #1905 Ken Hopkins/John Po%-ers, 75/85 Femdale Green - Subdivision of a Lot Line Rearrangement (Class Piertinent Ordinances Chapter 1 1 - Class I Subdivision Section 10.55. Subd. 15 (A-3) Subdivision will result in the reduction of dry buildable land. Applicants propose crediting of wetland area under this section of code as property is served with sewer allowing for credit of wetland areas. Existing Lot 2 = 3.13 acres (1.02 wet [.73 wetlands, .29 acres drainage easement)) Proposed Lot 2 - 2.02 acres (.73 acres wet) Parcels A, B and C = total area l.ll acres (.29 acres wet) Other pertinent information for this review: Resolution #2970 final plat Fairway Hills Addition Resolution #2927 Council Minutes 2/11/91 List of Exhibits A - Application B - Addendum C - Plat Map D - Property Owners List E - Existing Properties F - Proposed Subdivision G - Resolution #2970 Approving Plat of Fairway Hills Addition H - Resolution #2927 I - Council Minutes 2/11/92 J - Survey Description of Request Applicants propose the reconfiguration of the northern boundary of lx>t 2 so that northern triangular piece of contiguous dry buildable land is divided and would be recombined with pre­ existing residential lots (Lots 5, 6 and 7, Alio Terrace), review Exhibit J. Properties in Alio r Zoning File #1905 February 17, 1994 Page 2 Terrace are substandard in area and do not meet the required 1 acre minimum lot size. The additional lands will improve lot area. Mr. Powers has assumed the resfwnsibility for dividing the three parcels for future connection to his own homestead lot and to the two. northern residential lots. Staff has been advised that Mr. and Mrs. Famand, the owners of Lot 5. wish to acquire the additional area. Lot 6 is being offered for sale and it is the hope of applicant to sell parcel to future land owner or maintain as part of Power's homestead. Mr. Powers' attorney has been made aware that the Cit>- does not allow substatKiard lots to be created without being legally combined to adjacent homesteads as Mr. Famand is not an active participant in this application. If this subdivision is approved as proposed. Mr. Powers would have to legally combine Parcels A. B and C with his homestead parcel Lot 7. The legal combination of Parcel C w ith Ixit 5 could take place w ithout the resolve ot Parcel B. It would be impossible for Parcel B to be combined w ith Lot 6 prior to the legal combinations of Parcel C w ith Lot 5. Section 10.55. Subd. 15 (A*3) would allow a property served by sewer to achieve credit for the wet area as long as the wet areas do not exceed the dry buildable - dry 1.29, wet .73. Please review Exhibits G. H and I. The intent of the City was to maintain above all the standards of the RR-IB rural residential no matter if sewer was provided to the property. The specific notice was set in place as Mr. Powers had expressed an interest in acquiring an easement over the property to achieve access to the adjacent golf course. Planning Commission members advised that such an easement would have to be excluded trom the dry buildable area of Lot 2. Issues for Consideration 1. Have the applicants provide adequate supportive information for Council to reconsider its original ruling on the rural dry buildable in the subdivision of Fairway Hills Addition.' 2. Although the lot is oddly configured and contrived to satisfy the rural contiguous dry buildable. would you recommend to the Council to reconsider based on the findings that substandard Lots 5, 6 and 7 will be increased in area. 3. Would this area ever function as addition yard area for this addition property? 4. If you support the current lot line rearrangement application, how many parcels should be created in the northern corridor? 1, 2 or 3 as proposed? Remember Parcel B could not be sold to Lot 6 before Parcel A is sold to Lot 5 in the current three parcel configuration. Zoning File #1905 Februan’ 17. 1994 Page 3 Options of Action To approve subdivision of lot liiK rearrangement being amended to include onl\ _2_ parcels and that sketch of lot liiw rearrangement be amended per City’s standard boilerplate: or Denial finding the lot line rearrangement to be in complete conflict with the directives and intent of Resolutions #2927 and #2970. r 1 ft CITY OF ORONO - SUBDIVISION APPUCATION PROPERTY LOCATION Site Address 75 Femdale Green ProjKrty Identification Number (P.I.D.) 36-118-23~^^-QQ2Q-------- Please check one - Property______abstract or —IL-----torrens? Attach legal description to application. APPUCANT; (Owner of Lot 7, Alio Rae Terrace) Phone (home) Name John L. Powers Address «5 Femdale Greea City Wavzata Phone (work) 347-7000 _____Zip 55391 OWNER (if different than applicant)Phone (home) Name Kenneth R. and L. Hooldns—--------- Address 75 Femdale Green_______ City Phone (work) Zip 55391 EXISTING LAND USE Number of Tax Parcels Development Size 2.39 .73 3.12 Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check)Residential; no of units _Ji Other (specify)_________ Present Zoning District RR-IB PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites pc Number of Building Sites: no change 0 ___ no change. Existing Units New Units Total Units Proposed Gross Denuty: no change Units per Acres Minimum Lot Size:N/A Sq. feet Dry Buildable Land Proposed Use: (check)Residential Other (specify) PLEASE SEE ADDENDUM ATTACHED HERETO. minimum material necessary for complete preliminary APPLICATION 1. Completed Application Form 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owners List of owners within 350’ (you must obtain this list from 4. Hennepin County Department of Finance A-603 Govt Center 348-3271) As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete, Zoning Official’s Signature Date 1. Payment of fees (park fees, filing fee, sewer and water assessments). 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. Certification by Zoning Department that Final Plat Application is complete, Zoning Official’s Signature Date FEES Sketch Plan Review (Class I, II & HI) XX Subdivision of a Lot Line Rearrangement $200.00 300.00 my [•■•TttraTti #rUt rtKvr* irtniTt ■ilWO OI •:^i rt III r*:i ■ i ir^:^ ii 11 ii r^. i nirtv^Tii isnnriiTiT*^ ififMArt m ijaiCllUM TO SUBDIVISION APPLICATIQN FOR PROPFltTY mCATED AT 75 FERNPALE GREEN The property which is the subject of this Subdivision Application and which is legally described on attached Exhibit A (the "Property") is irregularly shaped and includes a long narrow strip on the north side that abuts, on the east, Lots S, 6 and 7, Alio Rae Terrace. John and Roxanne Powers are the owners of Lot 7, AUo Rae Terrace. Patrick and Carolyn Famand are the owners of Lot 5, Alio Rae Terrace. The Owner of the Property would like to re-configure the northerly boundary of the Property so as to eliminate the long narrow strip on the north side of the Property. The Owner would like to divide said strip into three separate parcels, each of which would become a part of a lot adjacent to it on the east. These propos^ parcels are designated as Parcels A, B, and C on the attached survey. The balance of the Property following the proposed re-con figuration of the northerly boundary is shown as Parcel D on the attached survey. John and Roxanne Powers intend to acquire Parcels A, B and C. Patrick and Carolyn Farnand have expressed a willingness to acquire Parcel C. At present, the owner of Lot 6, AUo Rae Terrace, is not interested in acquiring Parcel B. John and Roxanne Powers have agreed to acquire Parcels A and B with the intent that Parcel B may in the future be sold to a successor owner of Lot 6, Alio Rae Terrace and Parcel C may be sold to Patrick and Carolyn Farnand. (Unless and until such sales are made, John and Roxanne Powers wiU own Parcels A, B and C.) Lots 5, 6 and 7, Alio Rae Terrace, are currently zoned R1 A. The acquisition of Parcels A, B and C by John and Roxanne Powers will not have an impact on the present use of Lots 5, 6 and 7, Alio Rae Terrace. John Powers submitted the proposed legal descriptions for Parcels A, B, C and D to the Hennepin County Platting and Survey Department. John Smith and Ron Odegaard of that Department reviewed the legal descriptions and have determined that a registered land survey will not be required in connection with the proposed subdivision. ii pr| >im- 1^1 rI r¥s*A!l -r. »■i ^ *fv,< ^ J '•■'1;ftiE-sa^^mri 'Si ('■’ ' ■'if■ -t.^ * ■■ ''■ .43’ j^r V 'j '»-^ mfe :immj j IP k^-. r •' ^ itW=»va/j4,.&HEM4CPIN. ^ i1 ywV MTHI'*'■ -rrtwl* iooli 00til*^^ NWTHCATf ROT««rs»NAMC/»^ ill M0RTH6ATE RO/*>’^'1“'''’ * ^V'W:!. > ■•'•T;-r.-*.•.' y .7 ^ r' *“k .fr 1^. MAYZATA HNV tf.S5SY1 i.mmn>i j^TAXRAVM ►lip 'M ii'CvKINNETH R • LINOA L AV€ H iHtkR>TH MM 55AA7 44 0020 GREENHOPKINS HOPKINS . » .;. r* ''HYMom \Jm^ ' CMttR NMk* :T L 1 N j LAPtifKC ,-.,iTAXPAYfll\V^f»TtMOTMY L A NANCY J tAPERRE i^^iW0€/ADft* *‘iS «*N0**-EmT- '‘“’“I* *. L.i V ■mh PI • COUNTY property INFORMATION SYSTEM PROPERTY OWNERS LIST ■=ratt-AREPORT NO. P-----SS S4-118-25 4* 0018 00058 ADDRESS UNASS1GAR0 NORTHGATE THO HOMEOWNERS NORTHGATE TWO H0«0HNERS UNKNOFM •A 5?# i;58 54-118-25 .44 0018 00045 FERNOALl GREEN T L A N J LAPERRE ' ■TIMOTHY L 4 NANCY J LAPERRE V 45 FERNOALE GREEN HAY2ATA MN 55541 WiV' YftS '*58 54-118-25 44 002100058 ADDRESS PENDING T L i N J Li».>ERRE TIMOTHY L 4 NANCY J LAPERRE 45 FEWIDALE GREEN WAYZATA W 55581 58 54-118-25 44 0022i^: *£|M00058 ADDRESS UNASSICNEO «HAYZATA country cub >■ TV jShayzata country cub * «80X 151 NAVZATA »< SS581 • • >4?".-P *Mi J '• vt !r ‘.r >*. < •• i.-' *.■'■' 'h^'*:'-k' 'i • *8 ^ 1. ■ ,V' 88 0i-Ut-2S 12 0001 00200 NAYZATA 8LV0 W MAYZATA COUNTRY CUB NAYZATA COlWTRY CUB 80X 151 hayzata Ifl 55581 H'^akiiS! TOTAL 8ATCH • V m'ooozi .4: ■>, .c- ^ . , ■« '• 1 m-'wt iil4 . t )pm ,' • w '••■ • ^ Ilf -n if ^1 i; ■ ’« '•/ 1- i ■ l'' irnMm:■iPl- 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN 2?biicoRIl4'^3^ representation OF INFORMATION AS IT APPEARS THIS DATE ON ^<E JECORW OF THE HEftiEPIN COUNTY DEPARTFJENTyDF PROPEIjyr^AXATlW, ^ OF MY KNOWLEDGE AND BELIEF. re^ m DATI 7/ Ifl- ii !• ^ .-i ill 1}A 'V ♦^ .w vt V , < ' • ■ \ ^ . ^4.* * I %' .• 4 P i*If .-•** ______/t---- • .* I \ \ •• «, \ 1 t o o * - \ \ \ %CSH0#^ CITYof ORONO IRESOLUTION OF THE CITY COUNCIL NO. ^^-0 A RBSOLOTION APPROVING THE PLAT OP FAXRHAT HILLS ADDITION PILE NO. 1615 tfHEREASr the City of Orono is a nunicipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a two lot plat by Kenneth R. Hopkins and Gary D. Mroz, hereinafter "the subdividers"; and WHEREAS, the subdivision has been found to meet all standards of the RR-IB rural residential zoning district finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, a portion of the property has been assessed a sewer and water unit, the City Council approved sewer and water services to both Lots 1 and 2, although both lots meet the required rural standards for residential development; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution #2927. 2. Dedication on the plat of right-of-way for a public road shown as State Highway Ho. 12. 3. Creation of a new private driveway shown on the plat as Outlet A. 4. Concurrent with the creation of this private driveway, the subdividers have dedicated to the City utilities and access easements granting to the City permanent access, improvement and utility easements over said outlot; the subdividers have created a declaration of certain maintenance covenants wherein each of the abutting and/or benefitting lot o%mers covenants and agrees to permanently maintain and pay the cost of maintenance for said private driveway. Page 1 of 3 (5 r O O ^ ^ » I « mm >• CITYof ORON by the Wayzata Country Club. 6. Dedication to the City of Flowage and Easements providing for limitations on the use and drainageways described therein and shown on the plat as drainage easements. 7. Ei-7cution of a subdivid.rs' aqreenent ’=^5 installation of certain credit-subdivision approval and the posting of a letter of credit at 150% of actual cost of required improvements. 8. Payment to the City of a Parle Dedication Fee in the amount of $10r200.00. 9. Pavment to the City for the legal review and ot the plat easements and covenants in the amount of $150.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of Fairway Addition, Hennepin County, Minnesota; subject to the following condition: 1. Permits for residential construction on both Lots 1 and 2 shall be issued by the City of Orono. Sewer and water permits shall be issued by the City for both Lots ^ The billing for sewer and water usage shall be the responsibility of the City of Orono. Lot 2 has received credi? of the previously assessed water and sewer unit charges againthe property. Based on scheduled, a sewer connection charge for Lot 1 is $7,22 . and a water connection charge is $3,531.18. 2 Building permits will not be Issued for new construction until utilities are installed and the access road has been approved by the City Engineer for safe use by municipal inspection vehicles• 3 Final utility and road construction plans must be approved by the City prior to installation. 4. The subdividers and future owners are hereby advised j»nv aranting of access easements involving Lot 2 may decrease the two^acres in area of dry contiguous lands and that the existing standards of the RR-IB zoning district shall be effective even though municipal service has been provided to Lot 2. Page 2 of 3 RESOLUTION OF THE CITY COUNCIL NO. ^ o r .*>-... ► ; <r- CITY of ORONO RESOIJTION OF THE CITY COUNCIL NO.w970 5. The aforesaid plat shall be filed by the City of ° with either the Hennepin County Recorder's Registrar of Titles office on or before December 10, i - ^ JL together with a certified original copy of this Reso and executed copies of the easements and covenants no e above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of the City of Orono on this 10th day of June, 1991. ATTEST: Haliin, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City* USDA S. VEg^, mOTAHY PUSUC • MIWNfSOTAcautrn^ y ' I Notary Public Page 3 of 3 I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2921_ A RSOLOnON GRANTING___ PRSLZMJNART APPROVAL OF THE PLAT OF FAIRNAT BILLS ADDITION FILE NO. 1615 ffHEREAS, Kenneth R. Hopkins and (hereinafter "the applicants") on December 28, 1990 filed a formal subdivision application with the City two lot residential plat of property legally described in Exhibit A, attached (hereinafter "the property") and; NHEREASr after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoninc and Platting Codes, the Orono Planning Coiraission held a public hearing on January 22, 1991 at which time all persons desiring to be heard concerning this application were oiven the opportunity to speak thereon; and WHEREAS, at their regular meeting held on February 11, 1991 the Orono City Council considered the subdivision application of the applicants, noting the following findings of fact: 1, The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 26.3 acres. All of the proposed residential lots meet the required 2 acre dry contiguous land area, as follows* Lot 1 " 2 acres Lot 2 ■ 2.11 acres (1.08 wetlands) Outlet A » 1.01 acres (.75 dry; .26 wet) Outlet B « 20.1 acres 3 Portions of Lot 2 have been assessed a sewer and water unit and shall be served by municipal services yet retain current rural standards for development. Page 1 of 5 / CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2927 -------- 4. Lot 1 has been found to on-site sewage treatment facilities to se.ve c future needs. 5. Lots 1 «nd 2 have been found to satisfy all rural Standards of the RR-IB zoning district. 6. outlet A has been created and eastern portion of Lot 2. 7. outlet B has been created to f of the property for a„d serves as open space "areIs‘%“o=n\TsVin^g%f tlVUenra^e’a of the golf course. HOW, therefore BE IT RESOLVED that based^ upo^ or more of the findings noted Jof Fairway Hills Orono hereby approves 1990, revised January Addition per the survey ^ ^ot Surveys Company, Inc., ^^d aVp^ov^e^s t"hTerttnVior^/n^n?=ipal water and sewer to Lot 1, subject to the following conditions. . r 1 and driveway within Outlot i‘ '^^l”^b\^"suMect to ^ set forth in the reso'lltion approving a‘°conditional use permit and variance for all land alterations. 2 Building permits for residential construction °n both r. 2 shall o.ssued by the City of Orono. SewerLots 1 and 2 snail issued bv the City of Orono forand water Pe^^Jbs ^^all b water usage !Sril^fe%he‘«spons?bility o7the City of Orono. Based on tSe 1991 fee schedule, sewer connection charge for Lot 1 $7?224.57 and a water connection charge is $3,531.18. Page 2 of 5 //V liW • V ,v ;7 CITYof ORONO RESOLUTION OF THE CITY COUNCIL wn 2927 3. Building permits will not be issued 'frfties'are until the plat is granted *^2*has^been*app*roved by the City installed and the access road j'fP^tion vehicles. ??nnru^^!rtilt^^anU^n^d ?feVo^'s e% Y'my;ofem=eYfsY\°ee-rncl^o%”ld°^0^ Agreement). 4. Applicants are hereby advised^that^anyjra^ service has been provided to both Lots 1 and 2. FINAL PLAT SUBMITTALS The following list of final submittals mu_st ^c\%dYl"eYlouYcYl"mYe:tng"on"tSe“sVcondYnd fourth Mondays of the month: s°s, ■”,“■“.'5 s 14^ 1990f revieSed January ^2# 1991e b' Dedication of "drainage and utility wide along all perimeter property lines and 5 each side of internal property lines. c) Designation and dedication of a drainage easement over wetlands and drainageways within Outlot A and Lot 2. d) Designation of Outlets A and B per plat drawings. Page 3 of 5 i •1/} . ■ } / •V .1 !/0 K O w fi^s-% i 4«o^ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.2927 LEGAL DOCUMENTS required: a) Title ooinion addressed to the City. owners^ mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicants must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed Flowage & Conservation Easement over the wetlands/drainageways within Outlot A and Lot 2, Please review sample drainage easement enclosed herewith. Please make necessary amendments to include shared driveway to be installed and maintained within designated wetland. d) Signed and executed developers' agreement and letter of credit for installation of sewer and water improvements and private driveway. Applicant to provide letter of credit at 150% of actual cost of improvements . e) Signed and executed Access and Utilities Easement over Outlot A. If shared sewer and water lines extend beyond boundaries of Outlot A» legal description must be expanded to include this area. f ) Copy of private covenants to cover ownership/maintenance of road and culverts and yard areas within Outlot A. Applicants may wish to expand to maintenance of dry land areas of Lot 2 along east boundaries. FEES TO BE PAID: Total Due $300 .00* * a) Park dedication - Park Commission will accept park fee in lieu of lands. Rolf Erickson, City Assessor, has been asked to determine the fair market value of the lands inclusive of Lots 1 and 2 and Outlot A. Applicants to be advised as soon as Mr. Erickson has submitted his findings. Page 4 of 5 Exhibit A resolution *^29 2 7 Property Description PARCEL 1 (P.I.N. 01-117-23-11-0001) That part of Lot 58, Auditor’s Subdivision No. 184, Hennepin County, Minnesota lying north of New State Highway o. PARCEL 2 (P.I.N. 36-118-23-44-0013) The south 52.00 feet of Lot 9, Blook 1, ALLO-sp TERRACE, except that part thereof taken for New State Highway No. 1^. PARCEL 3 (P.I.N. 36-118-23-44-0012) Lot 8, Block 1, ALLO-RAE TERRACE PARCEL 4 (P.I.N. 36-118-23-44-0001) r.f East ■* /2 of the Southeast Quarter of Section 36, North, Ra'nge 23 West lying South No 12. ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1613-JENSEN HOMES CONTINUED A motion was made by Callahan, seconaed Resolution #2926, granting a Conditional nassed rental guest apartment. Motion, Ayes-4, Nays-0. Motion passed. 11615 GARY MROZ ft KEN HOPKINS, 59 FERNDALE GREEN PRELIMINARY SUBDIVISION RESOLUTION #2927 AND #1616 GARY MROZ ft KEN HOPKINS, 59 FERNDALE GREEN CONDITIONAL USE PERMIT RESOLUTION #2928 Mr. Gary Mroz was present. Bernhardson reviewed the information Mabusth in her January 15, 1991 memo. He saia Served li?h wayzata does not object to this property munic’oal water and sewer. The lot to the south has been tested “and could accommodate a primary and alternate -'oncern was raised regarding the control of weeds on t^ Properties near Ferndale Green. It would be the of t.he owners of the two lots, or the owner of the Outlet, to maintain the easterly portion of lots. Both acre minimum. There is also some concern about developing this orooerty in light of the future Highway 12 corridor. It was telt ?hat such an issue should be left to the individual property owners." With regard to the Conditional Use Permit to cross a wetlands, Bernhardson said, “Appropriate modifications will be made to the wetlands and the drainage occurring through a culvert system, so not to impede the storm water ponding. Mabusth adaed that the private drive that will serve this orope^tv has been pushed to the north side of the out..ot. She Lid “This was done to allow flowage from the low lying JLL of lot to the east to flow without restriction to the Lainaqeway to the culverts. Mr. Anderson, the Engineer, has met on SLte with the property owner to the east. The revrsions are reflected in the most recent plan, which the City is recommending.“ Bernhardson noted that the Planning Commission had voted unanimously in favor of recommending approval, but took no position on the sewer and water issue for Lot 1. Callahan asked Mabusth to elaborate on the situation that would exist between the property owners and the Wayzata Country Club. Mabusth stated that early on in this process she was contacted by an attorney representing an adjacent property owner. - 13 - . r' • ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1615 A |1616-MROZ/HOPKINS CONTINUED She said, "There is no legal easement granting access for the adjacent property owners to the Golf Course. I would refer to Mr. Mroz for any information he may have in this respect. I explained to the Attorney that the City must be assured that two acres of dry contiguous land is maintained. With the exclusion of the wetland, and the areas of the 30 foot and 15 foot drainage easements, the dry contiguous is reduced to 2.11 acres. I advised the Attorney that any access easement that is created over that portion of property ma* reduce that area below the required two acre minimum." Mr. Mroz said, "The property owner in question is John Powers. He had approached us about purchasing the portion of our property that is located behind his house. We informed him we could not sell any portion of the property. Mr. Powers asked us if we would allow the Club to continue maintaining any portion of that property that is not used by the new homeowner. We informed Mr. Powers that we would agree to such an arrangement. I do not believe we can legally grant an access easement." Callahan asked whether the access would continue to be used. Mr. Mroz replied, "It would depend on who owns the property. I would imagine it may be used by the adjacent property owners." Jabbour asked if the City would be notified by the County if the property owners filed an access easement after the subdivision is completed. Mabusth stated that the County would more than likely nofc provide any notification to the City of such an easement being filed. Barrett stated that the property owners could file such an easement. He said, "If an easement were filed and came to the City's attention, the City could treat it as a violation of our Subdivision Ordinance. Secondly, the City is putting the on notice that, if the easement decreases the lot size, it cannot be developed. That is the practical leverage that the City has to prevent unwanted easements." Callahan suggested that such language be included in the resolution. Goetten stated that she would grant the property owners access to sewer and water because Ferndale Green has sewer and water and the lots do meet the two acre minimum. Bernhardson suggested further amending the resolution to also place the property owners on notice that the provision of municipal water and sewer does not entail a potential reduction - 14 - ORONO COUNCIL MEETING HELD FEBRUARY IL, 1991 ZONING FILE #1615 & #1616“MR02/HOPKINS CONTINUED in the Trfo-acre Zoninc in the future. Mabusth stated that the City of Wayzata has agreed to ailo- the City of Orono to initiate and handle the issuance of ail perniits. She said, "Billing will occur through the City of Orono and wa will aake any refunds dee.ned necessary to the City ot Wayzata." It was moved by Callahan, seconded by Jabbour, to adopt Resolution #2927, granting Preliminary approval of the Plat ot Fairway Hills Addition, as amended to include notification to the orooerty owner of Lot 2, that the granting of any access easement zo the Wayzata Golf Course may decrease the lot sire below the required two acre minimum; and that both owners of be place.* on notice that the provision of .nunicipai water and sewer wi^l not entail a reduction in the Two-acre Zoning in the future. Motion, Ayes-4, Nays-0. Motion passed. It was moved by Callahan, seconded by Jabbour, to adopt Resolution 12928, granting a Conditional Use Permit and Variance to cross a wetland' for access purposes. Motion. Ayes-4, Nays-0. Motion passed. MAUREEN STEELE-BELLOWS, 265 BROWN ROAD SOOTH RESOLUTION #2929* It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #29*29, amending Resolution #2877 that amended Condition of Approval of the Byfield ?iat. Motion, Ayes-4^ Nays-0. Motion passed. ENGINEER'S REPORT: PAY REQUEST #4 - LIFT STATION |8* It was moved bv Callahan, seconded by Mayor Peterson, to approve the fourth and final Pay Request to Northwest Mechanical in the amount of $2,400.00, for wor'-c done to Lii.t Station 48. Motion, Ayes-4. Nays-0. Motion passed. PAY REQUEST #8 - WELL #3* It was moved bv Callahan, seconded by Mayor Peterson, to approve the eighth and final Pay Request to Keys Weil Drilling • Company in the amount of 510,351.95, for work done to Well #3. Motion, Ayes-4, Nays-0. Motion passed. CHANGE ORDER #1 - LIFT STATION #10 AND #43 Mayor Peterson removed this item from the Consent Agenda. She asked why the City Engineer had not taken into consideration the eventual return of the water table to a normal level. Cook explained, "With a project such as this, we consider only the existing conditions, not what may occur in the future. - 15 - t. ! 1 TO:plannin g Commission Members Ron Moorsc. Cit>' Administrator 3 FKOM:Jeanne A. Mabusth. Building & Zomng Administrator DATE:Februarv 15. 1994 SUBJECT: #1897 R. Hunt Greene/Jane Piccard, 865 Partenwood Road - Variances Continuation of Public Hearing Review of Amended Plan Section 10.22. Subd. 1 (A) • Lakeshorc setback variance A.Maxwell Bay Allowed = 0 Existing => 69’ Proposed = 52’ B Channel Allowed = 0 Existing » 46’ Proposed = 39’ (Setback approved in ’83 variance, also approved by DNR, review Exhibit D) Section 10.22, Subd. 2 - Review of hardcover 0-75’ setback area = 46,000 Allowed = 0 Existing = 4,497 s.f. or 9.11% Proposed = 5,040 s.f. or 10.9% (4,972 s.f. + 68 s.f. of new driveway hardcover) Alternative plan = 4,740 s.f. or 10.3% (Applicant would remove the 300 s.f. if backout apron was eliminated) List of Exhibits A - Applicants ’ Addendem B - Hardship Statement from Original Application Submittals C - Topo Maps of 1972 D - DNR Letter 1/12/94 E - Original Plan F - Amended Plan Zoning File #1897 Febfuar> 15. 1994 Pace 2 Review of Amended Application Applicants have submitted a revised plan with exact location of 929.4 elevation at Maxwell Bay. Note setback from Maxwell Bay shoreline for addition is now shown at 52*. As long as a 50* minimum setback is maintained, the DNH woulu take no issue w ith the 52’ setback. Applicants note the addition has been reduced in square footage proposed at 650 s f. (original 760 s.f.). Applicants note that the size of the garage addition is a standard size for a two stall garage with additional storage (24’ x 26’ = 624 s.f.). There is a reduction of 107 s.f. of driveway hardcover (175 s.f. - 68 s.f. of new- drive, see Exhibit F) resulting from drivew'ay area to be removed and driveway area to be covered by portion of new structure. Applicants have offered to remove 300 s.f. of backout apron. Staff once again would ask that a backout apron be provided because of the length of the single driveway. Applicants are willing to remove overhangs along the side of the structure facing the channel so that there is ik) further encroachment of the substandard yard area and would agree to limit overhang to 1 1/2’ along the side and front of garage. If maintained at 1 1/2’, there would be no impact on hardcover or structural coverage. A normal lot with 46.000 s.f. would be allowed 6.900 s.f. or 15% structural coverage. Total improvement would result in 2.447 s.f. or 5.3% structural coverage. Issues for Consideration 1. Is the reduction of garage addition adequate? Original 760 s.f. Proposed 650 s.f. 2. Should the struemre be reduced in length to minimize encroachment of Maxwell Bay shoreline now shown at a 52’ setback. Note a 65’ setback was approved in 1983 variance review. Review Exhibit C. this may have resulted from faulty topographic information. 3.Is a 1.13% increase in hardcover too excessive for this propert)' now proposed at 10.9fS? Structural coverage is proposed at 5.3% Options of Action Approval as propiosed or amended. Any recommendation of approval must include the condition that hardcover scheduled for removal must be completed prior to the final inspection for the new construction. r R9spons9 Planning Coaad.ssion c l/18/94-il897 Graana/Piccard ntm 1) A new survey was completed as requested. The new survey includes a square foot reduction in the proposed addition and indicates that the requested net additional hardcover has been reduced to 475 square feet (see 4 below). The total requested hardcover is now 4972 square feet. When we moved into this home in 1986 the hardcover totalled 5065 square feet. As part of the prior 1986 variance the hardcover was reduced by me to the current 4497 square feet. This request in combination with the 1986 worlc results in a total hardcover reduction of 93 square feet (see summary below). 2) Overhangs-The house was designed by John Howe, the chief draftsperson for Frank Lloyd Wright. I have been advised that any adjustments that are made to the overhang amount will be distinctly noticeable and substantially impair the architectural integrity and importance of the home. Nevertheless, I believe that overhangs in the back beyond standard are not required, and I believe that the front overhangs can be shortened by at least six inches if the city so desires. 3) Two car vs. three car-The new garage as proposed requires exactly the same hardcover as the standard two car garage proposed and approved in the 1983 variance application. The space for the third car is obtained by squeezing the standard spacing and shifting all of the normal side storage area to the side closest to the house. As such, the space for the third car is substantially substandard and I believe the city could properly consider the proposal a two car garage with storage area on the side. This was designed and proposed this way in deference to the city's hardcover concerns. In addition, we have now further reduced the square footage of the garage by shortening the corner closest to the channel. 4) Alternative reduction of hardcover-We originally discussed with the staff the elimination of the turnaround area that exists in the current driveway. If required, we would be willing to remove this area marked with an "A”. This would reduce the hardcover by 300 square feet. As such, the total additional net hardcover requested would be only 175 square feet or 0.4%. Summary of Hardcovor (squara faet) Existina-1986 Sxistina-1994 ProDosed Alternate House 1115 1347 1997 Decks 450 450 450 450 Walkways 75 75 75 75 Driveway 3425 2625 2450 2150 TOTAL JWf 4972 wn 1 // 0 » 77 a hardship/description of unusual property conditions This property has been an exception from the start. The property owners a^d'the proposed construction «5id^ a hill makinq it invisible to any adjacent property owners. The difficulties of this PfIfal^iched previously by tne city and a copy of a 1986 variance is attacnea detaili.ng many va"iance*when it required 5641 square?reroriLIcov^fin'’iL''!:7l"fonr"we ave^worhedw city to brina the current figure down to 4557 square feet. __ variance request will raise t.he hardcover to only 4927 square feet bv takinq out driveway space. tL original home and this proposed addition were both designed by the nationally recognized architect, doh" P°“®' the Prairie School. The addition will f’-«.9-acefully into the present home and landscape and create an .f’^F^^rin itssire within Orono. The home is on one of the largest lots in its neighborhood yet is one of the ^nallest houses in terms of square footage. In addition, the house has .no basement and limited storage area. The conversion of the two living space and addition of a 2 to 3 car garage will Sc . ,. the house small relative to its comparaole neighbors. We belie the allowance of the use of our lot as a hcmesite originally recognized tL lo^s peculiarity and the city-s desire to allow some^flexibility in its use due to the hardship imposed. e appreciate this effort by the city. r Certifieste of Sur^'ey; I hereby certifv hhut thl:« Is a and ecrrwnt rermoentitior. cf h s\:rv>^y of the^bo^jrularies of let 1, flock ?,--Vr.wcod. I‘. icca r.ct piircort tc 3^nw irprove oenta or *‘r.ercschr>'r.cj-^s indl' ot-? rrr-rr«d lcca*;‘cr. cf n or^'rooed buildinc. Existlnf: contour lines shown are froa torocraohic survey of July 12, 1971. Scale; Date : o : 1- = fC 4-14-72 Iron marker Gordon R. Coffin ’ Reg/JJJfi. 6064 Land Curveyor nnd Planner • Long Lake, Minnesota I \ \ I- STATE Of^.DEPARTMENT OF NATURAL RESOURCES MCTRO waters - 1200 WARNER ROAD, ST. PAUL, MN 55106^^^ phonemo. 772-7910 i January 12, 1994 Jeanne Mabusth City of Orono p.O. Box 66 Crystal Bay, Minnesota 55323 (27-133, #24),LAND USE APPLICATION #1897, LAKE MINNETONKA CITY OF ORONO, HENNEPIN COUNTY Dear Ms. Mabusth; January 18, 1997. ,1B.7 R H.-- oroor, i Jane E. Piccard, 865 partepwQod Ro.ad^ The IpDllcants^request lakeshore setback and hardcover variances in o?der tS constmct a garage. DNl. Metro Waters recommends that the city deny the variance requests as they are currently propos. tn-rerw-U-hTs level of protection. and we would not object it the city approved the variance. The Department should be advised of the action taken re^esIS within 10 days of final =°P/ f record should be forwarded to this office if the proposal is not as discuss'd above, before it is approved. Please conJfrt me at 772-7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist c: Ed Fick, Shoreland Hydrologist Lake Minnetonka file #24 aJAN. 1 5 1994 AN EQUAL OPPORTUNITY EMPLOYER i ^ p>*r:.yy •/,- .'’r o ^ -JO • 'oi^/,/.h. f% > /f'^^ot:»» I*. . #. -Q^ (Cr^ Orono Planning Commission Members Mavor Callahan and Orono Councilmembcrs Ron Moorse. City Administrator Jeanne A. Mabusih. Building & Zoning Administrator February 17, 1994 #1901 Tandem Properties. 2645.3025 Watertown Road • Preliminary Subdivision - Continuation of Public Hearing List of Exhibits A - Planning Commission Action Notice 1/28/94 B - Richard LaGarde Ixnter Richard Putnam Transmittal to MCWD 8420-0520. 0530. 0540. Sequencing, Replacement Plan, Evaluation Criteria E - Wetland Mitigation Summary by Mark Gronberg F - Wetland Maps by Svoboda G - Survey/Topographic Map of Dougan Property (White Oak) H - White Oak Circle Drainage Plan I - Staff Memo 1/14/94 J - Topo Maps of Luce Line Area K - DNR Letter Received 2/17/94 L - Amended Preliminary Plan Status of Application The application was tabled at the Planning Commission’s January meeting pending resolve of downstream drainage concerns, adequacy of culverts under Luce Line, impact of increased runoff from development on ponding areas adjacent to Luce Line and conceptual acceptance of mitigation plan by Minnehaha Creek Watershed Distnct. Staff has been in contact with all icviewing agencies and has received concepnial direction from both the Corps of Engineers and MCWD. The DNR. after a four-hour meeting with applicant and staff, have approved the drainage plans and have agieed to culvert replacement and alteration of the trail to make the stormwater controls work (review Exhibit ). Please review E.xhibit J, the topographic maps of Luce Line area. The southeast culv^ (18") of the Coffin property will be replaced. The DNR has agreed to allow the trail to be lowered approximatelv 1’ allowing for an emergency overflow to assure residents on nonh side of Luce Line will not be flooded. The DNR has asked that direct drainage to ditch along north side of Luce Line on Coffin property be minimized as much as possible because of the inability to widen and deepen ditches because of the steep elevations adjacent to trail. The DNR has been convinced that we are dealing with a very small watershed. Drainage currently exits property at 18 CFS and will be reduced to 1 CFS. The DNR seemed less concerned with the detention pond in the southwest corner of the Dickey property. Runoff currently exits property at about a 117 CFS and alter development wi^ exit at 84 CFS. Drainage will follow along an existing drainage path to die southwest ana on f tlie will and Zoning File #1901 February 17, 1994 Paue 2 evenoany .0 36'. 75' .on, cuUcn t^neaU. Luc. Li™. No changes a. proposed .n Urn drainage system. 4 fh^ Hriinai?e comins from the rK^rtheasi along Willow Dnve The DNR is “■ „ * we Line Refer lo vour iopos again. Drainage from into an existing ^nd atea arain through culvert at extreme east, the northeast will not dram P' j^»ention pond 4t the northeast corner ot propen> DeveloiKt shall Countryside neighhorhood. to minimize any impact on exntmg in conversations wtth Joe . anta at the ^dav review*' ll'e permit review at most would in the proposed mittgatton plan that a Toted that if the engineer this ease; stntple letter could be sent more abbreviated review wou.d be ,^5, ,ha„ three actes^ out within the next week He individual permit review that could of disturbed area, >'’•= P'.'*" " edihat most individual permits were taktng a result in as much as 120 day J'''''*' j, ,gview plans and additional submittals are sent minimum of 120 Os Wildlife Service. DNR. State Historical Society and to five reviewing agencies - me EPA in Chicago. .• u M n,.h4hii Creek Watershed Disinci has advised that with some Ellen Sones of the Mmnehah anolicant will satisfv evaluation ciiiena tor tweeking of the current mitigativin p an tot PP ^ ^ 30 jay replacement plans as set forth in the S . q giurd Bulletin. .Mter the 30 day period for publication of P'™'^'™™ht to the Minixthaha Creek Watershed Board for period wait, the application can t - nation plan and the stormwater control. toir regular monthly meeting ^ ^ Waiersfied District will probably be some lime The earliest possible petratt approval trom the vvaivrsne in April of this year. Review E,xhibit B. Mr. “T'iTnTe Di^^^ He states historical significance in the ‘ ^ .piritual/culmral significance and should that spirinial leaders all believe tonhe sue J P through the Mn/DOT roT^nVlotsC —council sometime ,n ..pnRMay 1994. Please review Exhibit 1. placing ap^icant of .in aonroval recommendation. Staff would ask tna council of Orono on notiL tot final approval of the ''■’««'« condition would also until all reviewing agencies have ‘•“"’P'«“ P^^^ installation of new culverts and alieraiion approval. • /f CITY OF ORONO P.O. Box 66 Crxstal Bay, .MN 55323 473-7357 TO: Mr. Richard Putnam Tamlem Properties 2765 Casco Point Road Wavzata. MN 55391 zonlm ; kilk #1901 NOTICE OF PLANMNC, COMMISSION ACTION DATE OF NOTICE: Januar>f 28. 1994 COPIES: Mr. James Deanovic Tandem Properties 2765 Ca.sco Point Road Wavzata. MN 55391 TY'PE OF APPLICATION: Preliminarv' Subdivision DATE OF MEETLNG: 01/18/94 VOTE: 7 FOR 0 AGAINST Tte Planning Commission recommended tabling the application until the following issues are resolved: 1. Impact on dowristream drainage areas. 2. Resolve of DNR’s concerns regarding adequacy of culvens under Luce Line to handle increased runotl. DNR also questioned use of old railroad bed of Luce Lirw functioning as dam and potential impact on existing detention areas adjacent to trail. Mark Gronberg has sent drainage study to the DNR as requested. Representatives of the DNR have also expressed concern with increased drainage flowing into park area to the south of the Dickey property. Staff plans to meet with DNR representatives to review the findings of their hydrologist and their final recommendation concerning stormwater treatment/management plan. 3. Minnehaha Creek Watershed District, local governmental unit responsible for implementing Wetlands Conservation Act. to provide direction to City ccncerrdng proposed plan tor mitigation of Type 1 wetlands to be filled. If stormwater detention areas arc not to be considered appropriate mitigation area, then applicants will be required to provide additional mitigation areas exclusive of detention ponds. General Comments on Subdivision The On-Site Septic Manager will work with surveyor/engineer to resolve separation setback ot five septic test areas and elevation of 100 year flood plain. The remaining lots of the tirst phase have been found to have suitable area for on-site septic development. The Planning Commission will recommend that Countryside Drive, a public road, remain as two cul-de-sac roads. Property owners are to continue private maintenance of Countryside Drive until roadway is a connected through road. All other cul-de-sac roads shall remain private. Back lot configurations were approved on Coffin site. Surveyor shall amend preliminary plan to conform to required building envelope for back lots. The Planning Commission approved the encroachment of the 26' required setback from designated wetlands for the land alteratioas Planning Commission Action Notice Januar> 28. 1994 Page 2 adjacent to detention pond in Lot 1. Block 1 of Coffm property ^n^t asked that cither cul-de-sac be relocatol or elevations lowered so that setback is met for cul-dc-sac of southern roadway in Coffin propert>'. The developer shall be expected to install bike trail along \xesl side of Dickey property. Staff wx>uld urge Council to desigrute interior trails within subdivision as public. The City shall provide further direction regarding adjustments of park dedication fee to reflect cost of developer's installation of bike trail along east side of Old Crystal Bay Road and lands dedicated for interior trails if approved as public. The surveyor is asked to adjust lot width for Lot 3, Block 1 on the Dickey property so that it meets the required 200’ at the 50’ street setback Applicant is once again advised that per Council’s directive, ail mitigation issues must be resolved before Council will consider preliminarv subdivision. It will be important that applicant and applicant ’s consultants work closely with the Watershed District, the Corps of Engineers and the Department of Natural Resources to assure that all unanswered questions or outstanding issues are resolved by the Planning Commission meeting of February 22nd. Deadline for the receipt of ail new information and exhibits is Monday, February 14th before noon. Please contact the Orono staff if we can be of any assistance in meeting this deadline. Failure to address these agencies ’ concerns will only result in further delay for applicant. « While Earth Land Recovery Project B 1 If Box 327 White E»1h Phone: (218)473^110 F4X: (218)473^178 January 24, 1994 ^ t • Pat Dickey 2645 Watertown Rd Long Lake, MN 5S35( Dear Pat. • f \ In regards to the area on your property which appears to have a lot of Cultural significance ttf Native Americans, I would like to thank you for your effort to preserve and protect this site. w’ In,recent months Indigenous tribal people have been addressing issues regarding Sacred Sites, Historical Sites. Hearings for possible ammendments to the Nebonal Historic Preservation Act have been held throughout the United States. Testimony from traditional practitioners. Eiders, Tribal Historiens throughout the US have echoed the same concern, that is, our language, Burial Grounds, sites that have Religious Spiritual significance, (fasting sites, ceremonial sites must be included and protected the same as historic buildings, battlegrounds etc.), also access to such sites must be maintained for tribal members. Currently possibe amendments to the Indian Religious Freedom Act reflect these concerns. Having coordinated ceremonies with spiritual leaders, (Medicine Men) on your property, it is our belief the site has alot of Spiritual Cultural significance and should be preserved and protected. If you should have further questions, please feel free to call. FEB 7 1994 Megwetch, (Thank You) Richard LaGarde Community Organizer I I W- »' ,1 r Ms. Qlcn Soncs Minnehaha Creek Watershed District (MCWD) 14600 Minnetonka Rlvd. Minnetonka, MN 55345-1597 He: Dickey/Coffm Permit Application Orono, MN Dear Ms. Sones, To assist in MCWD review of our Orono development we are providing additional information requested in the new regulations for S42Q.QS20 nenclng and 8420.0530 Replacement Plan Components. Sequencing The developer hired Franklin J. Svoboda <Sr Assoc, to prepare a "Wetland Classification Identification and Delineation Project No. 93-005, Oct. 29, 1993" As part of this report and investigative process the consultant asked all agencies, iind governmental units dealing with the project to meet out on the site and discuss the standards to be used in developing the site. MCWD staff attended these meetings and understand the problems with many of the sites Wpe 1 and II wetlands. As the Svoboda report states on pages 10 and 11; "Many of the wetlands on the property have been significantly impacted by agricultural activities. All or significant portions of wetlands la, lb, Ic. 2a. 6a, 6b, 7b, 8b, 8d ;uid 1 lb are toeing farmed currently or have been farmed in tiie recent past. In addition. basins. 12. 13 & 14 are within areas currently being pastured by livestock. In all cases, wetland functions are significant!)' degraded for biological diversity, w-ild life use. water qualit\', aesthetic and recreational v;iiue." The site visits and meetings with Uie governmental and regulatory represeniaUves provided us with very good direction in wa\ s to develop the Orono sites. ' 1. Since many of the type I and II wetlands were isolated, small, poorly drained farm fields or pasture areas, combining these lu-eas into a larger more diversified wetland ssould be beneficial. 2. Protect and enhance the quality type 111 wetlands on the site. 3 integrate the site drainage system with the created wett.tnds to Lure continued water supply and pondittg opportutt.ttes. -naUve plans were prepared clect^^pToint'^^'itv rnmmi^^ions numerous site visits lor staii anu \l% were held, a neighborhood meeting for the rs was held as well as a consultation vsith technical expert^ at of this process was many site plans. We believe the plan being - ’dered by the MCWD is the best blend of wetland creation, protec emovai. io nothing alternative- in this case will actualh destroy the majority • site’s wetlands because of agricultural use. Many i\ pc areas wi verted into cropland in a normal rainfall \'oar. Therefor, me jpement of the site into 2 acre plus lots, creation of major pondmg wetland areas is an improvement to the site’s wetland assets. acement Plan Components A. 1. Applicant Tandem Properties 2705 Casco Point Road Wayzata. Mn 55391 2. Corporation ’s Parmers in Project Peter Andrea Com pain- James Development Company R. A. Putnam and Associates. Inc. Contact: Richard A. Putnam, partner 471-0573 Mark Gronberg. engineer 473-4141 3. Engineering/Surveying - Miirk Gronberg Wetland Studies Design - F. J. Svoboda and Associates Owner - Richard Putnam ml ts rt. 2ni r a 5. •se VD uct B. Affidavit for wetland replacement Attached exhibit r 1 D. Replacement Wetlands 1. The grading plans and replacement/removal plan indicate the areas proposed for replacement. The table of \%t?tland replacement indicates the sizes of removal and replaced weUands. The type of wetlands being replaced is explained in the F.J. Svoboda and Associates report. The type of replacement wetland is shown on the Replace ­ ment Plan with type I, II or 111. 2. The r-lOO’ scale Grading/Drainage pUm provides plans for the drainage and wetland replacement. F.J. Svoboda iind Associates will be consulting with the developer to construct the Type I. II iind III wetlands. 3. The Coffin/Gronberg plans illustrate areas of excavation for ponds, replacement or removal of existing draintile. installation of outlet structures, and erosion control measures. 4. The soils of the removed type 1 wetlands will be used o rebuild tlie new type 1 areas. The Ha and Co soils in these areas will support the new areas, likewise the existing vegetation will fill in these areas. 5. Construction of the wetlands vsill begin with site grading in April/May '94 with completion by July/August '94. 0. Applicant does not have form requested. (MCWD needs to provide form.) 7. The replacement wetland was not previously restored or created under prior approval plans. To tl'.e best owner’s or applicant's knowledge. (R.A. Putnamly^^f^^ 8. The replacement wetland was not drained or filled during the past tenyea^ to applicant's knowledge. (R.A. Putnam) 9. The replacemOTt wetland was not restored with financial asistance from public conservation prt^aim to the applicant ’s knowledge. (R.A. Putnam 10. The replacement was not r^ored with private loaned funds. (R.A. Putnam) 11. The applicant will use its wetland consultant and ask tJie MCVVD staff to evaluate the construction efforts during the process and to inspect upon completion. February 18, 1994 AFFIDAVIT Ms. Hlen Sones Minnehaha Creek Watershed District 14000 Minnetonka Blvd. Minnetonka, MN 55345-1597 Re: Affidavit confirming that wetland replacement for Permit Application No. (Dickey/Coffin properties, Orono, MN) %vili occur with %vetland fill. Dear Ms. Sones. As required by Board of Water and Soil Resources Wetland Conson ation Act Rules, Chapter 8420.0530 (B), this letter is to serve as the affidavit to assure you that the wetland replacement proposed as part of the above- referenced project will be conducted concurrent v\ith the proposed wetland fill. Both wetland fill and replacement will be accomplished as part of one grading contract that will be carried out during the 1994 growing season. Sincerely, Tandem Properties and Peter Andrea Company Richard Putnam Partner coapli4fiC€ witti tbf t«<;u«ncin(} requir«Mntt tzom local,^^90V€CAMnt unit bmtocm prcpAcinq m r«pl4C««eat plan.Subp. 3. tVAluntion. At provided for In pact S420.32IO. ctchalcnl cpjtstlons cooctrning thm public value* Location* size* 4nd typ# of wetland ihall be subnitted to the tecbnical avalujtioa panel. ?.ne local ^overiment unit nay use a tecbnical evaluation panel to pcedeterm.ne pebllc value* location* slae* or type of wetlands under its jurisdiction and use this deterniaatfon ia adninistecine the act. Zetland boundaries euat be determined ustriq the methodoioqles in the federal Manual foe Identifying and Delineating JurIsdicttonal Wetlands (January 19d9). Wetland type aost be identified according to Cowardin# et al.* 1979* Classification of Wetlands and Deepwater Habitats of the United States and according to United States Pish and Wildlife Service Circular Mo. 39 (1971 edition) "Wetlands of che United States.* The technical evaluation panel shall provide its deteeminations to the local govecuaent unit for consideiac*.on. SAr KS s 14.OS; 103B.IQI; 1033.33S5 HIST: la SR 274 11420.0S20 saoonajwT^^ Subpact 1. Requirea^t. except for wetlands located in ^titltiwaaed ileXda thetace subject to subpart 8* and calcareous fens that are subject to subpart 9* the local governaeot unit . nay not consider or approve a wetland ceplaceaeot plan unless. the local governaent unit finds that the applicant has dcaonatrated that the activity iapacting a wetland has coaplled with ail of the following pcinciples in descending order or priority: A. avoids direct or indirect iapacts to the wetland that aay destroy or dlalnish the wetland under the criteria in subp.irt 3; a. ainiaizes the iapact to the wetland by limiting the degree or magnitude of the wetland activity and its ioplementat ion under the criteria in subpart 4: C. rectifies the impact by repairing* rehabilitating* restoring the affected wetland under the criteria in suoparc S: D. reduces or ciiminatts the impact to the wetland over time oy preservation and maiateaance operations urvicr the criteria in subpart 6; and E. replaces unavoidable impacts to the wetland oy restocing or creating substitute wetland areas having enuji or ^(«ater public value as provided for in pa*ti 0420.0S30 to 532? 2^30. 'iubp, 2. Afiplication options. An applicant may either SUOmtt the Information required for seque.nctng analysis as part ^be application for replacement plen approval or apply for a prelimrnmry aeqctncing determination from the local government unit before preparing a replacement plan. The local qo^mxrmmr unit may request adJitionaX information needed to make a determination, for pco}acte impacting wetland actaa lean than O.l acres the local government unit may provide an oit-site sequencing determination without wtittam documencatiom from th applicant; eicept for projects wtiich art located im wetlanda adjacent to amd within 1*000 feet of outstanding ceeomcce vale waters as defined in chapter 70SO: trout streams as designatec iQ Commissioner's Order Sumbec 2294; and trout lakes as designated in Commissioner's Order Sumbec 2230.Subp. J. DetermiaatioQ of impmet avoidmmoe. A. Avoidance must be required when indicated by part 8420.Q540* subpart 9. B. Vttland dependenct determination: (1| Based on information provided by tha applicant, the local government unit shall determine if the proposed project is wetland dependent. A project is wetland dependent if wetland features* functions* or values are essential to fulfill tbe basic purpose of the project. A wetland present at the site of a proposed project does not make that project wetland dependent. (2) A project that has been determined by the local government unit to be wetland dependent is eitmpt from th« analysis of avoidance alternatives in item C. C. Alternatives analysis: (1) The applicant shall provide tbe local* government unit with documentation describing at least two alternatives in addition to the proposed project* onm of wtiich may be the no-build alternative* that would avoid impacts to wetlands. The alternatives may include consideration of alternate sites or alternative project configurations on tb# proposed site. The alternatives must be judged by the local government unit as good faith efforts* or the local government unit may require the applicant to redraft them for cecensideration. (2) The local government unit shall determioe whether any feasible and prudent alteci^cives ace available tha* would avoid impacts to wetlands. An alternative shall be considered feasible and prudent if it is capable of being done troe an engineering point of view, is in accordance with accepted engineering standards and practices* is consistent wit* reasonable regulrtnents of the public health* safety* and welfare* is an environmentally preferable alternative based on a review of social* economic* and tnvIror.iientaL impacts* and woulc create no truly unusual problems. The local government ualt shall consider the following in evaluating alternatives 41 applicable: (a I whether the basic project purpose can be reasonably accomplished using one oc DOie other sites ill the same general acta that would avoid wetland impacts. A& \ 14o msy tyui D# Horn ccns id«r at ion onlyrCMttf it iscluddf or c^quir^s «n ar«A not own«d bf tn«>pllc«i%t tlut could c«JiOftabl/ bm obtJin«d, ut«d. aipaiuUd* oc in^qid to fuICill tfto bjstc pucpoM oC thm proposed pro]«ct:C&) th« qoMrai tuitabilicy ot aitacnata itas consldacad by tba appLlcanti(c) wfiotaac rtascaabla oodiCicatiOci ot lb#ixo. ftcopa configuration, or danjity oC tba pro|act uould aaoid ipacts to uatlmdj;(d) aCforta by tha applicnt to acconaodata: caoova ccnatcalntt on alttrnatlvai iapoaad by tociiog :andacds oc latrastcuctuca. inclodlo^ raq;uasta (oc conditional pacalti, 7actanccf. oc plannad unit davalopntiiti; and (a) tba physical, cccaoaic. and danoqrapbic *^icanants of tba projact. Ecoocnic coasidarat tons alona do It naka an altaxoativa not faasibla and pcudmot. |J) If• tba local qovarnnant unit datarninas that faasibla and prudent altarnatlva axiats that would avoid 'PdCta to watlaads. it sbaii dany tha caplacanrnt plan. IC no *asiblt aod prudent altatnativa is available that *^uld av-oid tpacts to uatlaodSf tba local govarnnanc unit shall avaluata la rtplacenant plan for cospLianca with subparts 4 to 4. Subp. 4. Datacniaatioa of inpact aiaiaizatioa. a. Tha applicant shall danonstrata to tha local »vtmnant onifs satisfaction that th# actl/ity will niniaiTt ipaets to wetlands, lo raviawing tha sofCiclency of tha >plicant*s efforts to ainiaiza vat land iapacts. the Local ivaraaant unit aust considac: (1) tha spatial requirements of the project; (2) the location of existing structural ot itural faatisras that oiay dictate tha placement oc conf igurJt ion ! tha project; (3l tha purpose of the project and bow the irpcse relates to placement, conf i*jurat ion. oc density: y) the sensitivity of the site design to ^e natural features of the site, including topogciph/. ideology, and existing vegetation: (5) the value, function, and spatial iStrltutlOA of the wetlands cc tne site; C5) indi/idual jr.d O'iau.jtive lapacts; ind iZ) xa applicant's efcorcs to: (3) sodify the sire, scope. Kifiguratita. or density of the prcjeci; 13) rcaove oc accoaaodace site onstraintf ir.cluding toning, inf cast ructure. access, oc natural eatures: aod fcj otherwise ainialre »xpacts. B. If the local goveffoient uni: finds that an ppllcant has not ccapLied with tha rcqulccaents to ainiaire •sfland lapacts. the local goverraier.t unit shall list. In I \ writing, its oojectiuna Id - • •applicant does not withdraw tha project proposal or Udicat# intent to subait an amended project proposal satisfying the local governastit unit’s objections, ths stattaent of objectineissnail constitute a denial.Subp. S. Ostscmloatloa of iapact cectlf lest loo. teaporacy impacts to a wetland aust be rectified by rspsicing. rehabiUtatiag. oc restoring the affected wetlaad.X. Xctivltles may qualify Cot a no-loss detttalMtloo in part 1420.0220 by meeting all of the foliowlag ccm^tioast (1) the physical characteristics of the affected wetland, including ground elevations# contours. Inlet diaensioas. outlet dimensions# substrate, and hydrologic are restored to pr.project conditions sufficient to ensue# that all preproject functions and values are restored: C2| the activity Is completed and the physical characteristics of tbe wetland are restored within six months oi th. st.ct oC th. .cti.ltfl *n<l (3) th. p.ctf tespooaihl. for ih. activity provid«s « p.cfor«anc* bo«a to th. local govatwnt tth.t *« aKuAt saCfici.at to cov.e th. .stl*at.d coat to t.scor. t^ wetland to pccproject cooditiona. '?he local 90Wttn«.ftt «n t shall rttuen th. pecfocoance bond to th. c.apoaslbl. party u^n a d.t.caination by th. local 90v.cnn.nt .nit that th. conditions in this it.m and ItM a hav. b..o net. B. An applicant shall b. 9rant.d a no-loss daterninatioA under the criteria in It*. A one. in a t.n-y.4» p«tiod for a particular ail. within a wetland, asc.pt that repairs to th. ociginal project shall b« allowed under the no-loss d«tec«ination. If the local goveemwot ualt detet«loes th. request to be n.ctsaary and reasonable. C. Wetland inpacts that do not qualify for a no-los» deterelr.ation according to th. cticetia in iieo A ate subject to replaces.nt under th. criteria in pacts 8120.0530 to StJO.OslO. Subp. 6. Oetetainal ton of reduction t.c .lieloation of iapacts over tiae. Aft.: an activity is coaplet.J, Cutth.e uetljp.d :spacts from the draining or filling aust b. reduced oc eliaitated by aaintaining. opetacing, and managing the proj.ee in a cannec that pteierves and maintains remaining wetland functions and values. The local government unit aust requite applicants to implvnect ocst Management practice* to protect wetland (unctions and values. Subp. 7. Onavoidable impacts. Una/oidatle wetland iMpacts that remain after efforts to ain-aiz., rectify, oc reduce or eliainate them must b. replaced according to parts 8420.051 to 3420.0630. Subp. 8. Wetlands on cultivated fields. If the wetland is located Of. a cultivated field, replacement must be accompLIs-neJ through restscation without regard to the priority orde. • lutpact 1. A wetland drained ot filled under this provision msc net b« converted to none^ricalteral Und foe cvn y««cs.Tho londownoc «ist esecutv and record « notice of thisoffice of tee cwiotr cecoedec foe the coent/ la tditch the pcopetty is located.fe. **» <^*«**««i* f««*. Calcareoes fens, as identifieddL drained, or otieevlsede^iadwl, wnoUy or partially, by any action, ooless tbewMisslcaer. under oa approved oanaqenent plan, decides tem aitecatlofl is.aeceseary, as provided in pact •420.1010.SAs MS s 14.04; IJIB.IOI; 10Ja.3J5S OZST: II SR 374 M20.0S3I aSUCB«3«T PtAM______ Ob a n application fora provided local qovernnent vvtland book in parts 8420.0700 iLfJ J ? ' v**“ ■ 0 do not apply; Instead the applicant transfer fora prescribed la part 3420.0740, svib^rt 2. iera Z: A. oeyaaizatlonal inforoatlcn. inclodlno the rolloi#ing: ^ <1| the post office address of the applicant; V |2| for cocpocaeloas, the principal officers of the CTcpotttlon. any parent coepenies. owners, partners, and jolne venturers, end e desi9natcd contact person; V (3) oana^lng aqents. subsidiaries, or consultants ir^ieJt; ^ involved with the wetland dcainin., or filling *'***^‘<*-*''^t confientnp that the wetland Icalnin^oi 5?iiT**^^*^!** *’*^®'* concurrent with the actual if cemA^¥ filUaq of a wetland or an irrevocable bank letter mi! !! ° sscucit, acceptable to the local geveronent eplacealUt•*"'** successful coopletion of the wetland value C. for the iepjcted wetland; m a cecenc aerial phcto-jtapn or acc-jtate laap of .'.e ispacted wetland area; >/ (2) the location of the wetland, including the :=unf/. watershed sane or nusber. and public land survey .oocdi.iate of appcoiioMte w-tlancJ center; *i-< >f the wetland, tn acre, or square f C; ,-ui ‘^tlind using United States Fish Circular NO. 39 (1971 edition) and National wentory sapping conventions (Covardin et al.. 1979); Jo«»n*nt vegetation in the •«*eedlfia**>i *”** *r*s* including comon naaas of the vegetation • rainla aJ co-.'scage and an estimate of coverage, for »«pl«. SO percent willow. 20 percent cattails, and 30 percent 31^ \V ^ o ^ (€1 € soil! Mp of %oii t/P« Modsubstrate. *^«rs avaLIabls:^ {!) to# SIX# of th« #sc«csb#d tb#t dcaiaa tiftcUct #«t«c Into tn# wstlaiwl as datacainad fro* a Uftitod Statas CovaraMot Sorv«y tapogcapbical map oc otbaf saitablt topographical sorvayiw' <8) trta locations of anp aacfact Inlata or ootlatSs natural oc otharvia#* dcaiaiog loto oc o«t of tha watljnds, jod if tha vatiand is aittiln the floodplaia of a stcaaa. river, or cthec ^ataccoocsop cha discaoca and diraction to tue wataccoaesa; Hi a *ap# photoqcapha or arittan dascriptlon of the laod lasa of tha iflaadiata vatershad aitain ona alia of tha lapacftd aatiaAd. tha sutcoondioq land asa inforMtioa shall also ifidicata tha ptasanca and location, if any. of liatlaad prasaevatton rtglcns and araas. i#atland davalopaant avoidance ragions and araas, and Mtland daflciant ragicns and areas as idantifiad in tha co*prehansiva vatec plan; (10) tha natora of tha proposad project, its Jaaal axtent. and tna iapact on tha wetland aust ba shown In • sufficient detail to allow the local gowarnaanc unit to dataraina tha aacant and types of wetland to ba iapactad and to demonstrate coeipltanca with tha raplacaaaat satpiancifi^ erltacia In pact i420.0S?0. If applicable; (III evidence of omacsbip or rights to tha affected areas, including a legal dasCbiption. Whan two or aora landowners ace involvcda incladlog toch tha impact site and the proposed rtplaceaent site, a contract or other evidence of ageeeaeot signed by all lacdownacs and notarized must ba included with the replacement plan. The contract oc agraaaanc must contain an acknowledgment of the covenant provisions in item 0. subitem (4>, by landowners on which a replacement w>*tLand is proposed and the locaclcn and acreage of replacaaant wetlands. The contract becomes binding upon final appr^jwal of the repLaceeent plan; (12) a list ot all other local, state, and federal pacaits and approvals required foe the activity; and (13) other information considered necessary by the local gevernment unit lot evaluation of the acrivlty; O. foe the replacement wetland, tree C. suCitems (1) to (^) a.hd (11) to (131, and: (II an explanatioa of the sire and type of wetland that will result from successfu. coaplttion of the repiactaent plan; (2) scale drawings showing plan and profile views of tha replacement wetland and fixed photo-rtferenca points for monitoring purposes.* Photo-reference points should Inctcda views of any control structures and e.nough aJditional points to adequately depict the entire pco)ect: laa (1) hOi# thm s«pUc«Mat ^11ynttimctmd, lot •Kcjv^tion or restoration by blockin<|1 MisclA^ tile; tb« type, site, and specificatioae of outlet tnictucee; eievttioca, reletlve to Nee:: Sea Leeel or subllilied beocb earb, of key features, foe eaaapie. sill* sergency oeerfloe, and structure height: aaJ best eanageeant tact ices that eili be laplseeated to preeetit erosion or site tgradatloa; ,(II foe created «»etlaada only, addltiooal soils aformatioo sufficiect to deteraSoe the capability of the site s produce and aaineair ««etiand characteristics:(^) a tiaatable that clearly states hov uheo apleaencation of the replaceeent plan shall proceed, and uhen oast ruction of the replaceeent uetlaod shall he final i led; (4) a notice in a fora provided by the board ttached to and recorded with the deed for lands containing a tplaceacnt eetland, specifying the followiag: (a> the location of the replaceeent uetlaod: |b| that the vietland is subject to the act; |c) that the fee title ounec is responsible fhe costs of repairs or reconstruction, if necessary, or for tplaceeeot coats: (d| that reasonable access to the tplaeeeeot eetiand shall be granted to the proper authorities >r iaspectioa« eoaitoring, and enforcement purposes; (e) that oosts of title review and docuaent tcording is the respoosibility of the fee title owner; and (f) that the local governaent unit or board in require necessary repairs or reconstruction work to return wetland to the specifications of the approved replaceeent Ian and require reinburseitent of reasor.able costs fron the etiand owner, or ran require cepljcemer.t of the wetland rcording to the act: (7) 1 statement that the r«pLaceiient wetland was previously restored or created unoec a prior approved eplacenent plan; (5) a stitvsen: thjt the replace*v>ent wetland was Qt drained or filleJ under in eteaptior. during the pceviaus t^n ears; (I) 1 St tteavnt that tne replacement wetland wjs Ot cestoted with financial iuistance fcocs public ccn^»ec*/* t i on rograss; (10) j statement that tr.e replaceaent wetland was ot ccstoceJ uiing private funds other than zho%€ cf the andcvnec. unless the funds are paid back with icreresc to the ndividual or crganiration that funded tr.e cestoration end the ndividual cr organiiatlon notifies the local qovarr.eenc unit in writing that the rtstcced wetland aay be corsidored fer eplacenenc; (II) a p.an for sonitoclng the success of the replacMcnt plan in eeetlfig the project goal in fublta* (1)# ar.d s% specified In parts •420.0410 and 8120.0420; and(12) other Inforeatloe consldeeed necessary foe evaluation of the project by the local governeent salt.K. the applicant nust provide iefornatlon known to the applicant or readily evnilable concerning the spec lei considerations criteria le part •120.0810, subpact •.Sai NS s 14.04: lOll.lOli iaiB.33S8 BZSTt 10 SB 274•420.0510 Bzpucafsirr ruui ithrjOBtton cminBih.Subpart 1. Seciueeclng. iefore consideration or approval of a replacenent plan, the local governnent unit Wt ensnte that the applicant has eihausted all possibilities to avoid and ninlnlze adverse wetland inpacts according to itquenclng in part 8120.0520. The applicant nust demonstrate to the local governnent unit that the replacenent plan conplies with this pact and part 8120.OSSO. Subp. 2. Type of repleccneet. The order of preference for the nethod of repUcenent. fron nost preferred to least preferred, is project-specific restoration, project-specific creation, then wetland banking. Nodificatioo or conversion of nondegraded wetlands fron one wetland type to anocher, foe esaaple by inpoundaent of additional water, does not constitute adequate replacenent. Wetlands drained or filled under an erenption nay not be restored for replacenent credit for ten years after draining or filling. Subp. 3. Tiniog of replacenent. teplacenent of wetland values nust be conpleted before or concurrent with the actual draining or filling of a wetland, unless an Irrevocable Kanh^ letter of credit or other security acceptable to the responsible government cnit is subnitted to the responsible governeent unit to guarantee successful completion of the replaceeent. All wetlands to be restored or created (or replacenent must be designated Cor replaceeent before restoration or creation. Submission to the local go/ernment unit cC the inforeaticn required in pact 8U0.05J0 and subsequer.t approval shall be con:ivlereJ evidence oC designation for replaceeent, provided the information is subeitted before the actual restoration oC creacion. Subp. i. Location of replaceeent wetlands. Weplaceeant wetlands shall be located within the same watershed or county as the impacted wetlands, escept that counties cr watersheds in which 80 percent or more oi the presettleeent acreage is Intact ■ay accomplish replacement in count les or watersheds in which 50 percent or more of the presetclesent wetland acreage has been filled, drained, or otherwise degraded. Replacement wetlar.dt should be located as close to the impacted wetland as posslhlt* preferably In the same watershed. ii £ ^ V# M »• •.^. • V. t^*.‘k\ ’. * fc«- ' 4 A 4 4 la aublt«a U)* *r<^ : an£ sMcy Coc Mat (uiic. <m kaoM to I th« spaelal ib9«ct 9. COFFIN & GRONBtRG, INC.amtvrrtNo. KMamacivNO and lamo piannino A42.A Ta MAWA C K AVn<IU6 tjOMO LAAC. MINN. eUA«/«*•/ 473-4141 TANDEM PROPERTIES WETLAND MITIGATION SUMMARY FEBRUARY 10,1994 JA. eioo at app'o^**- Halt wst «ns«c« iLltlas to and ;o fequaocln^ 4n pact Mil qo««caaMnt unit I (Mitt and pact c of pcafactoea foe ced to ItaJt pcojact-spMlflc on Of ctsavaesLoa of to anoctiac# foe doea not consticutt fillad uiidac an tne cxedlt foe tan :eMnt of vatland lAt Vlth ta# actaal ) Irrevocabla bank 3la to the ttsponsibla sible qovaensant unit ceplaccacnc. All laceiaeat must be ion oc cceatiOA. tti€ infocnaticn approval shall be ljc€»ent4 provided the cestOfJtion oc nds. Replacenent wAceeshed oc county as fs cc watersheds In sent acreage Is intact wActesheds Ifa which 50 inJ ACceAgt has bten leplAceaent wetlands i wetland as possible# 1. DICKEY SITE A. nigTURBED AREAS 1. Wetland 1 b; Lot 19, Block 2 2. Wetland 1 c; Lots, Block2&road 3. Wtedand 1 a; Lots 17,18, Block 2 4. W«land 2 a; Lot 17, Block 2, & road 5. Welland 14; Lot 2. Block 1, & road B. MITIGATED AREAS 1. Lotos a 9. Block 2 2- Lot 19, Block 2 3. Lots 18 & 19, Block 2 4. Lots 16 A17, Block 2 5. Lot 16. Block 2 6. Lots 3, 5, 6,13, Block 2 7. Loti, Block 2 8. U^s 1-6, Block 1 0.12 acres 0.38 acres 1.11 acres 0.16 acres 0.11 acres Total 1.88 acres 0.48 acres 0.17 acres 0.18 acres 0.18 acres 0.15 acres 0.19 acres 0.38 acres \ 50 acres Total 3.23 acres - ^2. CQPFIM SUE A. DISaiRBED AREAS 1. Wetland 10 a; Lot 1, Block 1, Ditch 2. Wetland 10 a; Lot 1, Block 1, For pond 3. Wetland 8 c; Lot 5, Block 1, For Beam 4. WtOand 8 d; Lot 6, Block 1, For Beam 5. Wddand6t>; Lot 15. Block 1 8. Wetland 8 b. Lot 14, Block 1 7. WfeOand 11 b; Lots 11,12, Block 1 & road 8- Wetland 11 a; Lot 11, Block 1 & road 2. Lot 2, Block 1 3. Lots 2 & 3, Block 1 4. Lots 5 & 6, Block 1, New Areas 5. Lots 6 & 7, Block 1 6. Lot 15, Block 1 7. Lot 8, Block 1 8. Lots 9,12.13, Block 1. 9. Lots 11,12, Block 1 10. Lot 20, Block 1. 11. Lot 17, Block 1 Total Disturted a 1.88 + 0.89 = 2.77 acres Total Mitigated * 3.23 + 2.73 - 5.96 acres 0.18 acres 0.32 acres 0.04 acres 0.07 acr^ 0.06 acres 0.13 acres 0,05 acres Q.Qlacres Total 0.89 acres 0.11 acres 0.15 acres 0.13 acres 0.76 acres 0.30 acres 0.06 acres 0.20 acres 0.50 acres 0.13 acres 0.20 acres 0 19 acres Total 2.73 acres »*•. A, ‘* ■ * W •COFFIN & GRONBFRG, INC.SUm/CYlNa. CNOJNtJtHfNa and lAND PkAHKiHa 4H?.A TAMARACiC AV'tNUt LOHr» I AXr. MiNUi 47^-At41 (3) TANDfcM PROPERTIES SUMP^ARY OF DISTURBED WbOANDS FEBRUARY 10, 1994 A. DICKEY SITF 1. WETLAND 1 c. TN* K ^igWy disturbed Type 1 basin usually farmed. Tie road needs to ^eneigndois to the south are not going to allow any connection to Manor 2. WETLAND 1 h te !?? • disturbed Type 1 basin usuaty farmed. The house pad ^ S^il^ ™ development, but the tUure home ownerwould IScoly want more space so this is being considered now. 3. wetland 1 a This >ra$ fumed in more typical years. The wetter central portion will undisturbed and the outlying portions support both wetland and upi^ weeds. Only these outiymg areas are proposed to be disturbed and mainly for ample yard area outside of Ifw budding pads. 4. WETLAND 2 a ^ 1$ another highly dsturbed Type 1 basin usuaBy farmed. Because of city requirements on road curvature, this area can not be avoided bv the proposed road. ^ 5. WETLAND 14 Tte Type 2 pastwed area with degraded wetland hmctions. Because or the cay need for a connection road and certain minimum curve requirements this area can not be avoided. However, only the western tm was crossed and only at 0.11 acres. ^ ^ of the representives of the agenciee that visfted the site and the wetland report indicated that these were highly degraded wetlands not servmq their ork^i purpose and their demise would create no great loss. «• A. A COFbTN GRONBiiRG, INC.SMJAVCYIMC;. BMOlN^JUNO AND LAND PLANKlfsK; 4JI2-A TaMAAACA AVl!NUe LONG LAK£^ MINN. 5Ci3Aa A73-41A1 (4) This is a Type 2 wetland. However, the above agencies agreed the swale leading to this wetland with fts 18 toot drop was of marginal value. Thus orty this marginal swale area is proposed to be altered for the necessary road connection and proposed pond area which capture aB runoff though the swale and treat It before It reaches the main part of this wetland. ^ WETLANDS ^ These two small depressions (tractor ruts) are very marginal Type 1 wetlands and are being improved to a better Type 3 wetland area. z WETLANDS 6 b & 8 b These are also Type 1 degraded wetlands usuaPy fiaumed which do not need to be (fi^urbed by this development but would Hkely be used by a future home owner, so they are being accounted for now. This wetland is also a Type 1 disturbed area usuaBy fermed of which a small portion is impacted because of the necessary road location and septic site location nearby. ^ Ttenwttfpo^ of this Type 2 wetland is actually the road ditch for ad Crystal Road and this dttch needs to be crossed In one area. Tbe number of lots on this sfte has been reduced form lots m order to preserve as many wetlands as possible. Only the i wetlands have been dWurbed in as minimum a way as possible and mmaiaccordance wfth recommendations in the wetlands classification report Sincerely, COFFIN & GRONBERG Mark S. Gronberg - 4*r 1 i ITB ^ ■■' . I L- '>1 D i i ziTi; Ay n>s»* m fl MM ^-y.: 'wwHMnniBnH- jrf «■ jHfellp-^^ \' 'V./ 4'': T'.-*: '•> : ' *r i.? 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'•A''v.> • t f,I w‘: O PO O o -< V /am iC PC O rrf ?3 J ■ / I 1 • • * iV-i-U P/If : 4 Ii» 0?.-4 ■ft’ •1 » . .* f A-. k r I I ?: iliv 4» I o -1o3O § ftv< \ S ' •'- 4m I . • '• ^ * WILLOW DRIVE S , f t • < >, \ • * » V.t i. » 'A I ♦ .V . t • . \ •'• i' . ■'i CXD ZR'iSTkL BM ROAD o> f— o» m o 0 3 3 0 3 o .«Q -n id — “»i "U 3 r- •— ft> z o* CD ?r 3 “I B» (1> 3 • 0> • O 3 W jC VI f~ O *-• tv i:3 53 Cl m3 Drov»o rt iCk) PD Ln CD C - 3 < fD Z *< fD O • 3 iA O O </l Qt O* O r-t rt IV >00 v» a t/> I C •• CL I O hJ.rfK ■ X^ f-nm -ri ^-T3 -H O 2 •—^OCiClO -H O fio O X Cl :t> z o :z-H ;3o -D > -< • • •—I• |— - 2^ • o :> 2 00 o o• c: m z pz > -o m ^ z r-CO ^ >o ^ z ^ r*«J nioee*/ \ .i«4' <<«««•« Ml W*4U« mmm4 ’-'irt ■ ‘v}4^\:m - A • ‘ s\v '?Sai' ;& I-v*** » i G rti Mxi^x::—,— 'ii'pif F'i->^ ■ ,i5e15?<f-<r p^kiiS <.<='''"'<■ ifrJjn? CAST. ■ I ^ •• . 1 J3 < h ^DESCRIPTIOM i^PM«lcr«tf'tan^ Survey No 13^0 H-" ;s fb^ /LL.i^FT'nA^'^^ .iv j •■. pi/jf.porri ■ • Acc..v<.rtAr^ / kX T(^- * • .•« ' ■ • '■■ • • • ■ij^cby certify that thit lurvey wat treoared ny rr>€ or IMI ' * 0'^* P«J-»«"-‘0 /J-7^ « \ BtJ MO ):y I ■ •. ' • ■. * » SlV; #i;v ■ ■ \Le\^'iINCH’too FEET J^JS^aJ'n ai'c-V. r^ro^ciioeo <*%• I y* 7 <J\ \ . r\\ 1 \ >v. \\y, V1.W*c-tt GORDON P. COFFIN land surveyor 6 PLANNER i ■ ^ To;Orono Planning Commission Members Mavor Callahan and Orono Councilmembers Ron Moorse, Citv Administrator From:Jeanne A. Mabusth, Building «& Zoning Administrator Date:January 14, 1994 Subject: //1901 Tandem Properties, 2645/3025 Watertown Road - Public Hearing List of Exhibits A - Application B - Applicant ’s Addendum C - Property Owners List D - Plat Map E - Council Action Notice 10/28/93 F - Council Minutes 11/8/93 G - Planning Commission Minutes 10/18/93 H - Draft Park Commission Minutes 1/6/94 I - Resolution No. 1408 Approving Countryside Manor Plat J - Engineer ’s Report 1/7/94 K - Weckman Report 1/13/94 L - Designated Wetland Map M - Drainage Summary N - Watershed Map O - Wetland Basins-Coffm Property P - Wetland Basins-Dickey Property Q - Preliminaiy Plat First Pha^e-Dickey Property R - Preliminarv' Plat First Phase-Coffin Property Brief Review of Application Applicant has filed a formal plat for 25 lots (15 Dickey property, 10 Coffin property) proposed as the first phase development of a total 46-lot subdivision. The second phase will be filed as soon as the necessary septic testing has been completed for the remaining 21 lots. The Planning Commission completed a sketch plan review of the comprehensive proposal at your October 18, 1993 meeting (review Exhibit G). The following ordinances are pertinent for this review; 1. Chapter 11 - All ordinances pertinent to Class III subdivisions involving dedication of roads, drainage and utility easements and variances. Zoning File ^1901 Januarv 14, 1994 Pace 2 of 9 2. Section 10.55, Subdivision 8 - 26 ’ setback must be maintained from designated wetlands by all structures and land alterations. Review’ Coffin parcel subdivision, note encroachment by cul-de-sac plat road and retention/ireatment pond within Lot 1. Block 1. 3. Section 10.28, Subdivision 5 (B) - RR-IB lot standards. 4. Section 10.03, Subdivision 27 - Special standards for back loLs. 5.Section 10.55, Subdivision 3 - Definitions. Definition 10. Definition 14. Definition 15. Definition 16. Ordinary High Water Level (OHWL) Wetlands or marshlands. Wetlands vegetation types. Wetlands soil types. 6. 7. 8. Section 10.55, Subdivision 5 - Defines the protected areas of the City and adopts the aerial overlay maps. Section 10.55, Subdivision 15 - Land development and platting. City to obtain drainage easements over designated conservation areas. Section 10.55. Subdivision 25 (A) - The necessary findings for granting variances to this section, specifically review finding 7. Pertinent Facts for First Stage Development Dickey Site (15 lot.s) Total area = 38.25 acres exclusive of road outlot. Wetland conservation areas were not designated by the City within this property. Applicant proposes 1.96 acres of retention/treatment areas for surface water detention and treatment. Total dry = 36.29 acres. Coffin Site (10 lots) Total acreage = 26.79 acres exclusive of road. W Total dry = 22.52 acres Designated wetland and retention areas = 4.27 acres r Zoning File #1901 January 14, 1994 Pace 3 of 9 Description of Subdivision Applicant proposes a first phase subdivision of the Dickey properly at 15 lots and Toffin property at 10 lots. The proposed road outlot w ithin Dickey parcel w ill link Countryside Drive, a public road, to Old Cry stal Ba> Road. Refer to E.xhibits I and Q. .At the time of the platting of Country side Manor. Country side Drive was designated a public road and the City was to take over maintenance at the time the road was a through road. The road outlot on the Coffin property- will be a private cul-de-sac road at approximately 1,250 lineal feet. Extension outlots have not been proposed to the west or nonh. Review Exhibit F. At the November 8, 1993 meeting of the Council. Council advised that Types 1. 2, 7 and 8 wetlands not designated on the City’s conservation area maps must be dealt w ith by other governing agencies before City would lake official action on an application. The Ciiv would not amend its ordinances nor conservation area maps as a result of the new classification of wetlands. If an application involved the filling of the.se undesignated areas, that any matter of mitigation would be dealt with by other appropriate agencies. Per Council’s directive, the "undesignated" wetland areas would not be shown as drainage easements and these areas would be credited against dry buildable. It was also decided that a 75’ setback would not be required for septic drainfields from a Type 1 wetland. The only areas to be designated with drainage easements would be the designated wetlands as shown on E.xhibit L and the retention areas required for surface water control and treatment as shown on the preliminary plans (not the mitigation areas). The Park Commission has reviewed this application at several meetings. Outside of the 3-acre park outlot shown on the Dickey property known as the Ancient Ones Park, the Commission is not asking for additional park lands. Some members have encouraged developer to designate interior park trails, but to keep them tor private use and not for public use. Both Park Commission and City Engineer have asked that the City’s Comprehensive Development Plan for bike trails along Old Crystal Bay Road be implemented by Tandem Properties installing bike trail along east side of Old Cry stal Bay Road. The subdivision is reviewed in more detail as follows; Lot Configuration All lots meet the required 2 acres of dry contiguous lands exclusive of designated wetlands and retention/treatment ponds. All lots e.xcept for Lot 3, Block I on the Dickey property meet the required lot width at the tront/sireet setback measuring approximately 190 . Lot lines can be easily adjusted to satisfy 200’ width requirement. Zoning File .<^1901 Januarv 14. 1994 Pace 4 of 9 The following are classified as through lots and conditional use permits would be required for any accessory structure installed at some future date: Lots 1 and 2, Block 2 and Lots 1. 2. 3 and 4. Block 1 all within the Dickey parcel. Two lots within the Coffin property achieve access via a 30’ private driveway outloi. Lots 6 and 7. Members should review the recent code amendment. Section 11.31. Subd. 5 (C) (1) entitled "Applicability". Please review applicant’s addendum (Exhibit B) that addresses the need for the back lot configuration. Has developer supported the need for back lots.^ Section B of code specifically states that back lot configurations should not be used when dividing a large parcel into numerous lots and may not be used as a tool for the convenience of the developer. The question to ask the developer - can cul-de-sacs be extended further south? If you are satisfied with the presentation of facts and findings, then Planning Commission may wish to recommend approval of the back lot configuration. If back lots are approved, then surveyor must redesignate setback areas. The north/south lot line would be front yard and not side yard as shown. Front and rear yards would now' be designated at 75 ’ and side yards at 45’. House location on Lot 7 would have to be moved 5 feet to the south. House site on Lot 6 would satisfv the 75 ’ setback. All future improvements shall be subject to special standards of this code section. The yard in Lot 5. adjacent to outlot. is already at 50 ’. Side yard of Lot 14 appears to be 50 ’ but the side yard adjacent to the outlot in Lot 15 would have to be expanded to 50 ’. This w ill not impact proposed house locations for Lot 15. Note lot areas of 6 and 7 meet the required 1505^ area requirement but note the acres are not of contiguous dry buildable. In discussing this with Mike Gaffron. he noted that this was not an issue during the review of this ordinance amendment as there was a need to provide additional space for buffering and that the minimum area required for zoning district had to be satisfied. Does the Planning Commission have any comments concerning this issue? Any resolution approving the subdivision must include reference to the back lot section of the code as it may impact future development of Lots 6 and 7. Drainage/Grading/Wetlands Per Council ’s directive, the applicant has filed the preliminary’ plans for permit approval at both the Minnehaha Creek Watershed District, the local governmental unit responsible for implementing the National Wetlands Act. and on the federal level the Corps of Engineers. As of this writing the City has received no comment but staff will provide status report at the public hearing. In the first phase development for both properties, less than '/i acre of undesignated Type 1 wetlands shall be filled for required road improvements. As required, applicant has shown 2:1 replacement. The .VICWD has confirmed that no tilling of Type 1, 2, 7 or 8 wetlands will be allowed without permits. ITie only improvement that will be allowed without permit will be the maintenance of a lawn area. No structures will be allowed. Zoning File n^l901 January 14. 1994 Page 5 of 9 The issue for staff has been how do we provide proper notice to a landowner who purchases a lot with these undesignated wet'and types as they will not be shown as drainage easements. The final resolution will list the lots that have involvement but it will be necessary to create an instrument for the filing against the Chain of Title of each property that w ill include mapping and metes and bi’mnds descriptions of the location of the various type wetlands with a disclaimer that before any land alterations or structures arc proposed within those protected areas, that they first obtain the necessary approvals from the Corps and the MCWD. The City is in receipt of the drainage study prepared for the surface water controls. The Citv Engineer has been given the information and staff will provide a report on his comments at our meeting along with the preliminary comments of the Watershed District and Corps. In reviewing the first phase development of both parcels, there is very linle involvement of the ”undesignated" wetland types. The second phase of development will raise far more critical reviews in the development of a building site, specifically review the Dickey second phase Lots 17 and 18. It would be helpful at our meeting if the sur\eyor would designiite any mitigation areas not included within retention/treatment ponds to be designated as drainage easements and e.xcluded from lot areas. Types I and 2 mitigation areas will be included as dry buildable area. Review E.xhibit H. The property is located w ithin three major watersheds -l^ke Classen, Ma.xwell Bay and French Creek. The majority of drainage from the property flows to French Creek. Review preliminary' plans, the majority ot site drainage is routed through established drainageways onto adjacent properties. Per the preliminary plans, developier proposes outlet drainage at the southwest comer of the Cottm property and directing drainage along Luce Line to both the east and west. Major runoff areas will continue to flow at the southeast corner ot Coffin property and southwest comer of Dickey property. The City mast review the impact of downstream drainage im the established drainage routes. The DNR will review the proposal on January 14. They are concerned with the impact of two drainage retention basins adjacent to Luce Line. It has been their e.xperience that when this is allowed to happen, it results in the undermining of the trail bed. The high elevation ot the Luce Line at the southwest comer is 984. The invert elevation is at 987, three feel above the trail. This should be reviewed. Staff will relay any concerns of the DNR at your meeting. It is my understanding that they are also concerned with the drainage that outlets via Lot 6, Block 1 in the Dickey parcel outletting at the Thompson fami property and eventually to the DNR park. All land alteration will necessitate the installation ot erosion control and must remain installed and in place until groundcover is restored. As Engineer s report notes, the City code reijuires a 26 ” setback from designated wetlands tor all land alterations. He notes that there are two locations on the Coffin property, specifically the rei^uired grading of the southerly cul-de-sac shown at 7’ higher than the adjacent protected wetland. He notes the cul-de-sac can either be lowered or moved south to avoid the .setback encroachment. The other is in Lot 1, BkKk I at Zoning File #1901 January 14. 1994 Page 6 of 9 the southeast comer of the Coffin property w here the reientioa^lreatment pond is located nght at the edee of the wetland. Engineer notes that this would be a logical location tor the pond which will function to protect the wetland from sediment deposition and would appear to satist\ some of the necessary findings for granting variances to encroachment ot a wetland as tollows. 1. Would proposal be consistent with the objectives of encouraging land uses compatible with the preservation of the natural landforms. vegetation and t e marshes and wetlands? Would proposal include development of land and water areas essential to continue the temporarv withholding of rapid runoff of surface water which would create downstream 'tlooding or pollution? The Planning Commission should make a rcconimcndation concerning this encroachment. Review Exhibit J. The City Engineer's preliminarv- report asks that all mitiption areas also be designated with drainage easements. This would not be consistent with Council s directive. Surveyor should be asked if this will have an impact on drv’ buildable ot each k Parks. Trails, Park Dedication Please review the Park Commission minutes of Thursday, Januarv' 6, 1994, E.xhibit H. The Park Commission reviewed the most recent plan for the first stage ot development of the mComn^ny. Th. developer advised they have been unable .0 fmd any conclus.ve evidence or supportive dtKumentation that would identify the property as having historica significance Mn^DOT has hired a consultant who is working closely with the Indian Council lo'detemiine if the site has some sienificance requiring preservation but the process will take a few “and may not be resolved un.tl May of 1994. If i. is found tha. .here ,s no htstorteal significance, the property will be developed as a single family lot. The park ouilot is located wiihin the first phase development and may have io Jbe d^oi s^:S aL aVared » ila, rt ChvTnlv allows credi. for the iratls adjacent to road right-ot-ways that share .he 10 drainage and utility easements that run along the sides ot public roads. Bod. Park Commission and Engineer ask that Old Crystal Bay Road -><.-“11 as pan of the^^^^^^ ?.;larS^'TmU.“Se':™ -ils W..1 be public or private will have an impact on the area a^d if dial would from Park Commission concerning the cost to tne ue.eiopci have any impact on park dedication tee. Zoning File #1901 January 14. 1994 Page 7 of 9 Septic Weckman notes all 25 lots have been found to have suitable area for primary' and alternate drainfield sites suitable for 5-bedroom home. Lots 2 and 7. Block 2 have been granted a variance for an slope for the alternate drainfield site. A condition of subdivision approval must include request that an old well pit be property sealed on Lot 2. Block 2. In response to the Park Commission and Fngineer's request for the installation of the bike trail along Old Crystal Bay Road. Weckman recommends that primarv drainfield sites for Lots 2 and 3. Block 1 be moved 5’ east in order to allow adequate separation from trail. Roads Review preliminarv plans. Countryside Drive shall be extended to Old Crystal Bay Road per the directives of the resolution. Once completed, the City will assume the maintenance of road when older portions have been reviewed and upgraded if necessarv . Directives ot the resolution granting approval of Countiy side Manor were repeated again in the Findings and conditions 'of the resolution that granted approval of Countryside Second Addition. The developed propenies within Countiy side subdivision have been served by the public road but maintained bv the private propeny owners. Developer has advised that the neighbors who attended infomiation meeting held Januarv 12 voiced major concern with the tact that this road would be a through road. They plan to petition the City to allow cul-de-sac to remain with a cul-de-sac to the west and a future connection corridor planed as an outlot. It was always the full intent of the Citv to create a public road connecting Willow and Old Cty stal Bay Road. The Citv Engineer asks if Manor Circle should be extended northward connecting with second phase cul-de-sac road to nonh. He also asks if there should be a north/south connection linking one of the plat roads to Watertown Road. The Engineer notes that continuation ot these streets is necessary for convenient movement of traffic, effectiveness of fire protection, prompt access for emergency vehicles and efficient provision of City services such as snow removal. As for the Coffin property, two cul-de-sac roads are shown at approximately 1300’ in length serving 9 lots each. The Engineer appears to concur that the location ot the numwous wetlands on the property poses a problem locating a logical connection tor the street These roadways would not m'eet the standards for a public road. Revh:w applicant s addendum Exhibit B. He notes the following reasons why a loop road would have a major impact on this property: 1. Narrow land corridor between west property line and location of designated wetland. 2. Roads would be located to the rear of Cygnet Place lots that are already limited in depth. Zoning File #1901 Januar>’ 14. 1994 Page 8 of 9 3. Location of existing drainageway that drains to the west to Cygnet propert>'. 4. Location of major area of trees providing screening for existing development to west and natural amenities for future development of property. 5.Road would also negate several septic test areas where property is severely limited by steep slopes and gentle sloped areas for the iastallation of mound. 1. Options of Action Anv formal action of the Planning Commission will be dependant upon the City Engineer ’s review comments on drainage plan, the concepmal approval of wetlands mitigation plan bv Corps of Engineers and MCWD for first phase subdivision and preliminary approval by the Wkershed District of the preliminar>’ grading and drainage plan. It should also noted that if the DNR disapproves of the retention areas adjacent to the Luce Line on the Coffin property, that staff may have to call for the tabling of the application until other retention areas are located on the site. Any condition of approval of this subdivision must include the following conditions: Dedication of plat road within first phase of Dickey parcel subdivision as public road. Note 66 ’ of Old Crystal Bay Road has been dedicated on both sides. Dedications were completed for all roads adjacent to the Dickey parcel with the Countiyside option. Cul-de-sac road on Coffin property shall be a private road. City to obtain underlying road and utility easements. Dedication of drainage and utility easements 5 ’ along all interior lot lines and 10 along the perimeter boundaries and adjacent to road right-of-ways. Prior to any site improvements, erosion control as shown on preliminary grading and drainage plans must be installed and maintained until natural groundcover is restored. Prior to site graJing improvements, all tested septic sites on die Cofftn propet^ must be fenced off. The following lots in the itrsi phase development ot the Dickev propero- must be fenced off; Lots 1,2.3, 4, 5, 6, Block 1 and ^ts 3. 4 5 6 and 7. Block 2. Note Lots 13 and 14, Block 2 will be fenced off at t e time'of the approval of the second phase construction for the interior plat road. Drainftelds to be moved 5 ’ to east within Lots 1 and 3. Block 1 to allow for adequate separation tor bike trail. 3. 4. 8. 9. Zoning File #1901 January 14, 1994 Page 9 of 9 6. Well pit must be sealed within Lot 2, Block 2 of the Dickey property'. 7. The following lots have been found to contain effective wetland areas not designated on the City’s conservation area maps. Dickey parcel. Lot 2, Block 1 - Lots 3, 4, 5, 6, Block 2; Coffin property' - Lots 1, 5. 6, and 10. Once again, designated wetlands of the City shall be shown as drainage easements on the plat. There are no designated wetlands within the Dickey property but within the first phase of the Coffin property. Lots 1 and 2. 7. 8 and 9 are involved with the designated wetland. Developer shall create covenants to be filed on the Chain of Title of these properties advising fumre owners of the limitations on the use of these areas and the need to first apply to the Corps of Engineers and the Watershed District it any improvements are proposed at some future date before obtaining the necessary permits from the City. Developer to install bike trail along Old Crystal Bay Road. If no historical significance is found within area of the proposed park outlot, applicant may have the option to convert park land to residential lot. The Park Commission has not asked for a park dedication. In addition, if interior trails are to be developed, said trail areas must be e.xcluded from dry buildable of residential lots. Park dedication fee will be dependent upon outcome of park land dedication and whether funds expended on bike trail will be credited against the park dedication fee. Readjustment of Lot 3, Block 1. Dickey parcel, so that 200 ’ is met to rear of 50 ’ front street setback. r r ^* •» * W ? t ^ Ci r . sJ 4L PH6NEN0.M STATE OFj^DEPARTMENT OF NATURAL RESOURCES'^ METRO waters “ 12 00 WARNER ROAD, ST. PAUL, MN 55106 772-7910 F.LEN0 February 17, 1994 Hs. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 RE; TANDEM PROPERTIES, COFFIN/DICKEY SITE, CITY OF ORONO, HENNEPIN COUNTY Dear Ms. Mabusth: We are writing to follow up on the February 3, 1994 naating with city staff, reprefientatlves of Tandem Properties and DNR staff. I'd like to summarize our understanding of the agreements that were made and concerns that were noted. Coffin Pro> erty - Most of the discussion focussed on the Coffin Property; Since the existing ditch along the Luce Line and the existing 18” culvert through the Luce Line already are inadequate for conveying runoff under existing conditions, the DNR ie concerned about making a bad situation worse. Therefore, it was agreed that Tandem Properties would be responsible for; a. cleantng/upgrading the existing ditch that runs along the Luce Line, b. replacing the existing 18” culvert, which is in disrepair, with a new/upgraded 24” culvert, and c. placing a new culvert under the horse trail in the area by the pond (at the east end of the property). The city has concerns about the potential impacts of the proposed development on the Ryerse property. Some type of emergency overflow is required for handling flood flows in case the lower culvert through the Luce Line is plugged. a. DNR staff agreed to allowing a second, higher culvert through the Luce Line to act as an overflow. b. DNR staff also agreed to consider minimal lowering of the elevation of the Luce Line at this location, provided; the slope in the graded area is no greater than one percent, DNR Trails & Waterways staff has an opportunity to review and approve the detailed plans, and the surface of the trail is restored. As noted during the meeting, any proposed change in grade should be kept to a minimum in order to avoid creating maintenance problems on the trail. AN EQUAL OPPORTUNITY EMPLOYER /Ms.-Jeanne Mabusth February 16, 1994 Page 2 r^KTTj 'Tv*Ale & Waterways remains concerned about the iopacte of ’ ■ "tur ld“ not “rf "to %c. raauirements for any future maintenance adjacent the Luca Line In^thrSeve^opment^'L Association Agreement ftp'll see an indication that the city was willing to °OMit to workino with the DNR on future maintenance. However, T«aui lontinues to be a concern and we hope to aee greater ^operation between the DNR and City of this and other similar sites that have, or will, affect tne Luce Line. construction taking* placo# Thank YOU for your assistance in arranging a forum sincerely, Ceil Strausa Area Hydrologist c: Martha Reger, DNR Trails & Waterways Del Barber, DNR Trails & Waterways Kim Waldorf, DNR Regional Engineer assoc 1 Shawn Gustafson, City Engineer (Bonestroo and Assoc.) Dick Putnam, Tandem properties To: From: Date: Subject: :> Orono Planning Commission Members Mavor Callahan and Orono Councilmembers Ron Moorse. City Administrator Jeanne A. Mabusih. Building & Zoning Administrator February 14. 1994 #1902 Dan R. Guenlhner, 120 Golden View Drive - Conditional Use Permit ■ Public Hearing Zoning District: RR-IB. Rural Residential Zoned Lands Total Area = 6.6+ acres Pertinent Ordinances 1. Section 10.28. Subdivision 3 (A) - Conditional use permit required for temporary greenhouse to be installed March 25 - June 15 on John Hallson property located at 120 Golden View Drive. 2. Section 10.20. Subdivision 3 (L) - Farms (crop and stock). Conditional use permit required if ten acres oi more. Applicant proposes 3.5 acres. No conditional use permit required. 3. Section 10.02, Definitions. 71 - Use 72 - Use-Accessory 73 - Use-Conditional 74 - Use Permined 75 - Use-Principal 4. Section 10.03. Subdivision 9 (E) - Accessor)' structures in excess of 750 s.f. footprint area but not exceeding 1,000 s.f. shall be located 15’ from any lot line. The proposed greenhouse is 840 s.f. Review Exhibit H, note structure has been placed behind principal structure and meets minimum 15’ setback from all other lot lines. 5. Section 10.20. Subdivision 4 (G) - Roadside stands. Sale of produce grown on site is allowed, subject to meeting required standards of code. Any approved access to property is via private road. Golden View’ Drive. List of Exhibits A - Application B - Addendum C - Plat Map D - Property Owners List E-1-2 Newspaper Articles I 4 Zoning File #1902 Februar)' 14, 1994 Page 2 F - Resolution No. 3098 - Granting Approval of Temporary Greenhouse in 1992 at Dickey Property Located at 2645 Watenown Road G - Septic Inventory Plan H - Survey/Site Plan Description of Request Applicant seeks approval of a temporary greenhouse to be installed at the John Hallson property at 120 Golden View Drive immediately nonh of the Dickey property where a greenhouse has been installed for the past two seasons (1992/1993). 'Fhe Dickey property is currently being considered for suWivisitin and property is no longer being otfered to Mr. Guenthner for planting of crops. The structure is proposed at 14 ’ x 60 ’ and at a maximum 10 height and shall be constructed as previously approved of 6mm poly material tacked to wooden perlon structure. As before, the structure must satisfy the building code standards for a temporarv' greenhouse. Applicant proposes the planting of approximately a 3.5 acre field. As before, major portions of the crop will be sold to various markets and restaurants and a smaller percentage to member families considered share holders. To the City ’s knowledge, produce has never been sold directly at the Dickey site although code would allow the selling ot produce grown at the site as an accessory use. Although the conditional use permit application notes only the use of the Hallson property, Mr. Guenthner has advised in a recent phone conversation that he may use a small portion of the Suess property on the west side. Staff advised the applicant of the limiiation.s now on the use of the Suess property because this property is currently under subdivision review. Septic testing has been completed for all proposed lots. If Planning Commission members can recall, original septic testing completed for proposed Lot 3 was negated because ot trucks driving over septic area. Suess had to provide additional septic testing tor Lot 3. Expansion to the Suess property may no longer be an option. The Dickey crop operation was located to the mid/norih of the 66 acre undeveloped property. The Hallson property is surrounded by two acre development to the west, north and south. There are certain activities and odors that emanate through care and maintenance of vegetable crops that may prove to be incompatible with adjacent neighborhood. Applicant should provide more detail on his operation. Issues for Consideration 1.The code does not limit the number of conditional uses or permitted uses on a given property. A conditional use permit is not like an accessory use where accessory use must be subordinate or supportive of principal use. A conditional use can be independent trom Zoning File #1902 February 14, 1994 Page 3 3. 4. 5. . ■ , - The code does not appear to limit the number of uses perniiiied or the pnncipal use. on^Vallows a conditional use permit for crop use “^i’re^eeTra^rX Is*is"« tntense a use of the 6.5 acre residential lot.- Should a property c^ntly -«;visio„ planting of crops? If septic areas Vtere P -at is the opinion of the Planning Commission? c wwt r The existing septic svstem is to the immediate west with an alternate Review Exhibit G. The existing p garage. site shown to the immediate north. Mr. Hallson has noted somewhere in the area of the proposed It may be to Mr. an interest in subdividing his property ^ equipment compacts area - «■“ -■ consider the Dicltey and the H^Hson pro,.rtic^ is ereenhouse.' Will the 3.5 acre planting area be a^quaic lo ip additional acreage is not available at the Suess property. Resolution No. 3098 that granted appmval of the-ict^or^iy- gmen^use on the_Diche^ “s^uuls c—'use permit ^ limited for a specified timel Should the conditional use permit be renewed each year. Options of Action recemmendation of approval must include the following conditions; installed to meet all required standards of the State Building and Any 1.Structure shall be Fire Codes. 3. Use of stmemre shall be limited to the specific period March 25 - June 15. When structure is taken down, s.mcute must be removed immediately from site and not stored on 6.5 acre parcel. Zoning File #1902 February H, 1994 Pace 4 nf nmrertv of potential of eliminating suitable septic areas on 4, of the us“ of heavv equipment compacting soils. Existing and staged pri^r t'o Uac .ns.aUa.ion of greenhouse or any other land alterations. OR Denial If Planning Conrnrission nrembers recommend denial, please refer to the necessa^ rntdings in Section 10.09. Subdivision 6 (A). i 4^ I ^ ' ^ __ClT‘i OP CRONO - CP^iSSAI. ) yPROPERTY LOCATION Site Address Property Identification tiunber (P.l.D.) 4 V • • rrrv r*rUX t 9 Wfl w*f %V.«»»V C T*‘ • iii“C *jT 1- T*‘'vI Aitrvvtw^ » Aw^ f T^.'V -fVsV**.>X Vti. vw^rv 1 J to acolicaticn if not iRcludgd... 'T'Please attach legal descriowion to a^^u , ^ on required survey. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ------------------------------------------- Phone (home) .wa^ applicant Phone (work) City fy^pls.Sip ^^oC» OWNER (if differe.nt than applicant) Ilar.e )-fAuc-5gN Phone (hone) H~7S'^ Phone Address QlLi Citv Ow'O^’lo Cip ^5^56 . , (cionth/year) I^?do^"?do*notT^also own f_ _ _ _ FEES - CONDITIONAL USE PERMITS w w-'th CUP application$ 50.00 For each va-ranc*. request - $125.00 Residential accessory Use $175.00 Institutional (churchy schools etc.) $150.00 Guest Eouse/Guest Apartarents $150.00 Duplex Credit/Bldg $250.00 Ccprtercial/Industrial Use $200.00 Land Alteration ss ;:i isi“s-v.;‘5“S;i SK=.'7I!;L.Grading, aeawall, retaining walls within ,5 PRD/PID - see fee schedule Renewal Fee - $100.00 (no change from y?eJ-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS oi;,n Review {+ consultant fees)$200.00 Conanercial Site Plan Review v*r $250.00 Vacation $175.00 Easement Vacation . s 75.00 Easement Vacation With Subdivision 5300.00 Rezoning (POD — refer to fee s $300.00 Comprehensive Plan Amendment $100.00 Appeals ” Other “ see fee schedule ccrrc } I vV vr .-. -. f - i\\/X I ’ S (o PRESENT DSB OF PROPERTYPresent Zoning DistrictPresent Use of Property Residential Other (specify)_ DESCRIPTION OF REQUESTi^^ribe request in detail: REQUIRED SUBMITTALS 3L.. Completed Application Form. . ^ owners within 350' (vou can obta. 0-^ thH^^st f^^rEinVeprrcounty Department of Finance A-603 Governme: '' Center 348-3271). . °?Li*sa»s«5™ _ not been included. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ce«ifIcatIorbrci«icarDepI"_nent that Land Use Application is complete. Initials of Clerical Staff; APPLICANT'S SIGNATURE 4 n'on -eauired or is true and correct to the best of his/her knowledge. Applicant's signature Date /-2^:271 OWNERS SIGNATUREuwniuu9 ijxvitirsj.a.v,*.. 1 i r.a 1 nn and further The owner hereby acknowledges J?? staVf° consultants, authorized reasonable entry onto the property J , ourposes of agents, commission members, and Councxl member P investigation and verification of this request, owner's signature \ third Monday of each month. Applicants must be present a aopiicant is review meetings of the Planning Commission and Council. If have an unable to attend a scheduled meeting, & Zoning authorized agent attend in your place and advise the Builai g Office of this change prior to the meeting. Jaiiuar>’ 26, 1994 4J. 77Jeanne A. MabusthBuilding and Zoning Atininistrator City of Orono Orono, Minnesota Dear Jeanne, Enclosed you will find a conditional use permit aoplicaticn for relocating mv temporary greenhouse to the Jotm Hal Ison property at 120 Golden View Drive, As you are well aware I liave been track faming in the city of Orono for the past three years, renting property from Pat Dickey, Bob Suess and now Jonn riallson. The previous three seasons mv greenhouse has been erected on Pat Dickey's land at 2645 Watertown road. As in previous years, I ^n.11 need to use a small greenhouse structure to help start transplants for the spring. I would like to continue the same arrangement with the 14 X 60 foot structure to be assanbled the 25th of march and disassembled on or before the 15th of June. Enclosed you will find a map with a more detailed discription of the proposed location of the greenhouse. Thank Ycxi for your consideration of the proposal. Sincerely, Dan R. Guenthner Cotimon Harvest Farm Local, Organic frsh-market vegetables ^ RUN om 01/24/94 V r^BATCH OOSi-.I ->PROP AOOR V , 0»««R NAH6.; ' TAXPAYER.• , ' : MAME/ADOR'w'’ *t(tI'PROP ADDR 0»t«R NAME . . ' TAXPAYER ^ MAME/ADOR• ' ■'■ f'V. Vi •16 04-117-2S 12 0007 02445 HATERTOMN RO PATRICIA C DICKEY PATRICIA C DICKEY 2445 HATERTOHN RD LONG LAKE ft4 55S545« 35-118-25 42 000702730 SILVER VIEW OR R A A C A SWANSON ROGER A A CAROL A SWANSON 2750 SILVER VIEW DR LONG LAKE MN 55354•-»HEftCPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY 0W«R3 LIST38 33-118-23 41 000802565 WOOOHAVEN OR NAM BASHORE NEAL K A MARY 0 BASHORE 2545 WOOOHAVEN DR LONG LAKE Tt4 5535438 33-118-23 42 000802680 SILVER VIEW OR SPEAK THE WORD CHURCH SPEAK THE WORD CHURCH 515 JERSEY AVE S GOLDEN VALLEY MN 55426. ; ;.V PROP ADDR OWNER NAME V TAXPAYERSi''*.' NAME/ADDR• y- r A.> . % 'f'v. ‘■ 38 33-118-23 42 0011. 02715 SILVER VIEW OR 0 0 PETERSON A K L PETERSON DONOVAN 0 A KAREN L PETERSON 2715 SILVER VIEW DR LONG LAKE MN 55354 i ? PROP *00R ' ■ ; OWNER NAME ^38 33-118-23 43 0005 ' 00120 GOLDEN VIEW DR , JOHN HALLSON r*» TAXPAYER ■ JOHN T HALLSON ■i’- ■NAME/ADDR P 0 BOX 171 ’j LONG LAKE MN 55356 rV-S..% • ' * * V ' i., ■38 33-118-23 43 0011 “it*,r ' •: • PROP AOOR . 00055 GOLDEN VIEW OR 0I«4ER NAME VO A N L ERICKSON TAXPAYER VAN D A NANCY L ERICKSON • * *4 NAME/ADDR 55 GOLDEN VIEW DR * -W •:V f LONG LAKE m 55356 >\ . . v‘‘J' . f -. Mi ' ••• ^"•'V'-’' ■ 'v'se' 33- W. iPROP AOOR SV OWNER NAME taxpayer . ^ ; NAME/AODR ■L-. 118-23 43 0014 • 00155 GOLDEN VIEW DR'da smith a a e gold-smith DOUGLAS A SMITH 155 GOLDEN VIEW OR 1^ LONG LAKE MN 55356* '• V .f:«I*;J• 38 33-118-23 42 001202475 SILVER VIEW OR T W ISAACS A R ISAACS THOMAS W A ROSALYNOA ISAACS 2675 SILVER VIEW DR LONG LAKE MN 55356 38 33-118-23 43 0009 00038 ADDRESS UNASSIGNEO J F A M C P VOGT ET AL GVO HA 85 GOLDEN VIEW DR LONG LAKE. MN 55356 38 33-118-23 43 0012 00085 GOLDEN VIEW DR M A A HILBELIFK MICHAEL J HILBELINK 85 GOLDEN VIEW DR LONG LAKE MN 55354 38 33-118-23 43 0015 00175 GOLDEN ’LL' - DR L A J STRAND LYW H STRAND 175 GOLDEN VII.. J.i LONG LAKE MN 55354 : ' i REPORT NO. PAGE58 53-118-23 41 0014 .02525 NOODHAVEN OR C J O'CONNOR A L S O'COtlOR CHRISTOPHER J O'CONNOR AND LYl«ni S 0'C0»t«R 2525 HOOOHAVEN LONG LAKE MN 55554 P14S5481MO ,IP >|t I -t'hf. ; ■ *■*mV vys ^'-438 33-118-23 42 0009 02650 SILVER VIEW OR < J V A 0 H CROTTEAU JOHN V A DONNA M CROTTEAU 2450 SILVERVIEH DRIVE ORONO MN 5535438 33-118-23 43 000402660 WATERTOWN RO T P GORMAN ALT GORMAN T P A L T GORMAN 2640 WATERTOWN RD S V LONG LAKE MN 55354 '•f 4-• 'S'.*'\ '•^1N•4■n i • W ,?!'n-.mffv.' 38 <55-118-23 43 0010 ; 00035 GOLDEN VIEW DR HAL CHORLEY MICHAEL E A LUCINDA CHORLEY 55 GOLDEN VIEW DR LONG LAKE MN 55554 38 33-118-23 43 0013 00125 GOLDEN .VIEW JAMES C A CARRIE 0 JAMES A CARRIE HEYERDAHL 125 GOLDEN VIEW t)D LONG LAKE MN 55354 T ,;m:. ‘-5; HEYERDAHL f ROAHL < M'VM r r ^ff 38 53-118-23 43 0014 , 00038 ADDRESS imSSlGNEO *IJiv LILLIAN B PETERMAN ET AL : , « TAXPAYER TO LET FORFEIT ^rv:i^' .V ',’J k m 1 U .V )JPi r-ii. V;--j ;> H. •' ■• .* •f^- 'RUN DATE Ol/ZA/K v ‘ • *( • •■ ,.* .V; ! ^ V‘ *BATCH OOS i/PROP ADDR ka 3S-118-2S 44 0001 02590 HATERTOHN RO■ 0»#«R NAHE ROeEF.r f SUE5S ETAL,a; taxpayer ROBERT F SUESS ■»! iV NAME/AODR i 2590 HATERTOI^I ROuV'"-V LONG LAKE MN 55356. ■r\-I V“ • :.f VV • * • • ^ *V :v ‘ ' w^• 4 , S ’ • • ki' \ .. >' f V ' I ■' ':V. v "'.Vi' t *f ^ I J'V ‘ K . ... . . ., i. p y± ■•:■; »• '. '• •. V- • ^-• ‘ • •»- “ / .i_HEJPffPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OEMERS LIST f'-. '^. V' ‘ ■ ■'■■'^'.'V*^'i*.'^ ‘ ••.'■•“ *. t •, f' .f** ' >v- • 4.. '/ t ' • • • *?..•• *T ■ . j ■ * .; .A . \ • IV 58 33-118-23 44 000202590 HATERTOHN RD ROBERT F SUESS ETAL ROBERT F SUESS 2590 HATERTOHN RO LONG LAKE MN 55356 TOTAL BATCHrIA/'•V ♦ / #1.R S /’ REPORT NO. PiASSAoiii ““ .: ■»•ifDOS 00020 ’‘4t*rip.'-2 ■V'*■ ‘-t’ ■ ''M- J.* ^>;v!f.fc Sw-aT. < ■ ’ i' ^ - ' ' JBm5-‘ ‘•- Smm-.mi-fcsS&sfi:h* . . V * 7‘- • .‘T- ^ X•■••r' - .y j. IV, , f .* ‘IV ^iia' ?i.i*)3yy-.'*jSK«‘^y4 mi^V. '1’ ■ r.7k f 1 •-'i mm: \ . ‘‘: ‘V.»■ ' • V' fei4 1 CERTIFY THAT THE FACTS REPRESENTED ARE AM ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEfWEPIN COUNTY DEPARTMENT OF PROPERS TAXATION, TO/WE BEST. OF MY KN0HLED6E AND BELIEF. M V »*• •* 5W ’- I • % ^ 44 ■ * St: *‘‘r ‘M '1 . • it r.4 - w.^'- ■• t^f*>f.,r tQ^inmuhity farms share an organic return to roots■" -wmm•.ijfi ' 4‘K m _i>Tvsr-: 1rasMia■>*ii^'i* / » f -I '%■ '■^-1. V V * v» %'„m T<^'S »; ’’'T :'-♦^» ■ «' rT Staff Photo by Marlin Levison * ./• Aj» -\.- » ^ w--'‘.. Dan Quenthner and Margaret Penninas, with a little help from Anne Guenthner, 6 ' V^i’^^htha. watered organically grown plants, part of a community-supported farming program, in a greenhouse near Long Lake. By Karin WInegar/Staff Writerhere's still frost in the■ ground, but the frogs areB singing love songs in the■ ponds among the oaks at Red Cardinal Farm. David Washburn and Meg Anderson raise flowers, vegetables and berries on this 35- acre organic farm just east of Mahto- medi. In a month or two. the hillside behind the small green barn will bloom with peonies, coral bells, as- tiibes, scaoiosas, irises and coneflow- ers. And the raspberry canes and blueberry bushes will burst up through the pine-needle mulch behind the chicken coop that has been con­ verted to an office. This is Washburns' and Anderson's third season as community shared agriculture (CSA) farmers. They plan to offer .TO fruit and vegetable "shares " — customers pay $395 in advance for 14 to 16 weeks of pro­ duce. They also are selling 50 shares FARMS continued on page 6E V • '^*1 '■•t » -» t TJ •f ^ r n/ Sii ii lii lory Card«tiv perrent of Um r»7' %4* im ifiM ^ Vic- ISd^thAi 40 By \Moey L CAftw U\e Stevo Tite fmmily of Wayiau tat down lo dinner and enjoyed new poU- toes, oicumberf and an e|^;plant cas ­ serole, all vrgetablef picked the very day they ale thera. But the Tales didn’t pr>w the vegeubles in their backyard —they don't have the space Nor did they buy them at a roadside stand. The fresh food on their uble came from the Common Haf>efl Farm on Water- town Rd. west of Long Lake. It was plai/.ed. cultivated and cared for by their farmer. Dao Guenthner. The Tates, who have purchased a full share (providing for a family of four) in the crops raised at the Common Harvest Farm, will receive a bag of fres h vegetables once a week for 20 weeks. They are one of 85 hous eholds in Minneapolis who refer to Dan Guenth- iier as “our farmer.” Sixieen other subscriber famiiies re- f ide in the readership area of this news­ paper. and they are ail beginning lo think abot ’t the food they eat m a different way Thev want to support a program that pro* mises thera fresher food than they could b’ly at any market, at lower pntes. and they want to know the food has been raised organically and locally. Many of the families strongly feel the need to be involved in the production of the food by going to the fields to see what is helping pick and pack their produce, and personally supporting their farmer and hia staff of five They want more 'nan a ’•subtle connection'* to their environment » •• • ,r Although the Common Harv est Farm is the only one in this area (the closest similar farm is in Osceola Wisconsin). Lhe idea of a subsenber farrii not new Japan and Switzerland have been doing this form of agnculture for years. Thirty years ago in Japan, concerned citizens formed " buying groups.** went directly to a farmer, and used this interesting ap­ proach to consumensm that is new hrp- pemng at Har\esi Farm. Here in the Umied Suies. this t>T)e t f farm is very prevalent m the northeast ­ ern states, where it first began Now it's cropping up on the west coast where Caiifomians refer to the food raised as "yuppy chow.” Farmer Guenthner feels that here m ^^Kihng WoiM Wiint'came'frn those NtmneioU. ■ nch the G^tJen.. -Me beUevea avenge penon i*«oiri|ilHiai^«Mwved ;2|j,ble of trom the food growing procHgPHKiiof 5Bt<e« totloioanh^ ifwepcwene thefoodMinnesounseatispagducetlOut Ubd for Ibod product*|«. of sulev.«d the let^ce yot. j .. u,, > that- has grocery hands six uroea before yog piitjl in yoBff ^ ^ Comm o n Harvest Faqig TbiTbr.tlir^ti piM m yotttf^4 ^ ^refngenilor. 411^ i Seen its lubscnbert double In number, “Thaf 8 average for a piece of pirpdiscc;* ^ [ with 100 people tunied away as ^tential said Guenthner, “and the sam||MJnie/a^ * custpmeraa Asked if bd planned to e*- food produced here vnthiO;th?lbdwt »od put more of the jus|^ travels a shorter distance h1 1 *JjjjjK, i?**^** Watertown Rd. into vegeiablet thdae aia sets of hands.” -pert teaeoiv OuenthM said ^ does plan to''cultivate and^lant more of theWhat Guenthner says he is really try ­ ing lo establish at the Common Harvest Farm is relauons hips—the relationship of people to land, people to food, and people to the food of the land. As Maggie Michaelson. coordinator of the weekljr food packing and diMnbution. explamt IS hard for people to get involved os be concerned about their environment if NtST they have no connecung link.** She feels this chance to see what goes into the ^wtng process —the work In planting and harvesting the dependence on the weather, the sharuigof the bounty —will provide them that Unlt^ge “There are a lot of closet gardeners out there.” Michaelson believes, people who dream of so.meday having that piece of land and growing their own food. They don ’t realue they can have that now. if not in their own backyard, then somewhere else, if they wnll lake the drae to gel in­ volved in the process. “Were not that far away from our roou,” said Michaelson, "or those days when our grandparents raised most of their own food.” VMien 1 related that my grandparents To Page 17 i ^ ' •• • subscriber list, .w i But Guenthner believes in toe “econo ­ mics of scale ” He would rather see sex'- eral other small subsenpuon farms start up than to make hia own much bigger. By keeping the farm small brogue and limiting the number of subscribers he serves, Guenthner and Michaelson see a chance to make tura^ifs not^yuppy chow ” they arf growing They want their subsenbers to be participanta, not spec­ tators. About 25 percent of the sub- tenbera how com e our to the fftm and help. They would like to raise that per centagCL They want to make the farm a gaihenrg place (or Sunday picnics or work-day pollucks. They had one such gathering in June and hope to have more soon. ^ Michaelsoa wpukf flie to see a child­ ren’s plot plantodiMdii^ac.where kids could have a pa|tg|t crops 'such as gourdC'i^uspkiiir^lmd Indian com. Guenthner envisions^ •demon ­ stration gardes^** where folks could learn how to plant their own backyard ploU, f omethuig ho encourages hia subsenb- ers to do so they dpp’tget hooked on toe ^ rii let rav farmer do it all for me” idea About 20 different vegeUble# are grown at Common Harvest rami,”ahd each week 85 bags of fresh produce are picked up at the .six drop-off points by the subsenber families. Each family sends a cloth reusable bag with their name on it to the farm where it is filled by helpers with whaujver produce is available at that Ume Recently, it was summer squish, potatoes, cucumbers, onions, green peppers, eggplant and cabbage. Meanwhile. 17 families in the Lake Minnetonka area who have decided they v%'antto ”get back to the basics ” and relate to the land and the food they eat. are expenencing what it is to be p rt of a "new economic model ” as Michatison puts it—the Common Harvest Farm. r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3098 A RESOLUTION GRANTING A CONDTIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3A PILE #1723 WHEREAS, Patricia C. Dickey (hereinafter "the applicant") is the owner of property located at 2645 Watertown Road located within the City of Orono (hereinafter "City") and legally described as Tract A, RLS 1089 and Outlet A, Countryside Manor, Hennepin County, Minnesota, (hereinafter "property"), and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the temporary use of a greenhouse for a four month period each year per Municipal Zoning Code 10.28, Subdivision 3A, Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #1723. The property is located in the RR-IB, Rural Residential Zoning District requiring 2 acres in area. The subject property consists of 64 acres. 3.On March 16, 1992 the Orono Planning Commission reviewed the application and recommended approval of the application as proposed based on the following findings; a)The structure shall be in use no more than three months out of the year. The temporary greenhouse structure shall be located on the 64 acre site so as not to impact the views of adjacent residential owners. c)When not in use the structure is taken down and the parts stored in a wooded or screened section of the property. Page 1 of 6 r o* o CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO 3093 The temoorary accessory structure shall meet all required setbacks of the RR-IB Zoning District and for oversized accessory structures. The City Council finds that granting a conditional use permit to allow the temporary installation of a greenhouse Safety oS^'SeneVa^l wSlLre^ of^She^Vublic?^wo^^ not Adversely oroperty values and that the proposed level of use of the prooerty will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5.The Citv Council has considered this application including the findinos and recommendations of the Planning Commission, e”fe°ct ce^^he prVpos%"d u™"t\=e Welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Perniit per Municipal code Section 10.28, Subdivision 3A \° 1.The temporary greenhouse shall be installed on f-u"c^u%%^%i;ri’'l = srred"°’n se^iuL^d wooded area of the property. 2.The temporary use of the property is approved ba site plan included as page 6 of this resolution. Any intensification in use shall require submission of a conditional use permit by applicant and owner. Page 2 of 6 o CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3098 3.The applicant and owner, Patricia C. Dickey, shall be responsible for all activities approved under the conditional use permit for the use of Common Harvest Community Farm. Direct sale of the produce grown on this property has not been approved with this current conditional use permit. 4.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. 5.The undersigned owner has read, understood 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. 1992. Adopted by the Orono City Council on this 23rd day of March, ATTOST: '^Dol-othyf'MT| Hallirf, City Clerk ■ (^ / Property Owner(s) Dan Guenthner, Authorized Agent of Common Harvest Community Farm Page 3 of 6 i * r <2V/ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3098 STATE OF MINKESOTA COUNTY OP HENNEPIN On this r-y*'C/-/'K ) ) ss. ^"4i-u- - -5-rrr-‘*tit^in and ^or'said county, personallybefore me e Notap Public within .......-----------------, appeared —~^7\ H.a«;rrTbed in and wno executed the known to me to be edged that he (they) executedforegoing instrument, and ,thrsame as his (their) free act and deed. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ^30'^' On y Notary Publxc ) ss.\ CAR0l£ A. HASEMAN POTAffr PUtUO-MtMCWTA HENNEPM COUNTy WY (XMMISSCN EXMCa MMi ---------- - ----------------wee* 199 Not^y Public g JAMIE LB0S^M l^nJW IWUCHaWMBOTA My Cooaa. Ew w Page 5 of 6 \ • . f low Dri ft' V' % C ~ CONFOHMI y ^ Hh;m SITE COPY Irr 11 f ic«li» of Survey for JoHii T. Hitlu^ of lot 2, BlocI I, Islilrs Hr^nniin County. Mlimosoti nr?*icfoV^ * V r /•>>?? • ^li % IS'^ 60' T«A|» MwSc- , CITYOFORONO SITE PLAN __ GRADING PLAN TTjippPOVFn Vj JkPPROVWi WUH PitVKjlON'j DATE.u -1^1 tfp l\f\e\eby certify tiiat tins is a true and correct resentatlon of a survey of llie boundaries of Lot 2, Block I, Hail son Estates, and the proposed location of tv.o proposed buildings. It does not purport to sliow any other Improvefnents or en- croaclmients. -COFFIN ft GKUfIBtUG. INC. MorK 5. Gionbcrg Mn.“11cT*No. 127S5 Engineers. Uind Surveyors, Plarrners Long Lake. Minrresota lUite : 6-8-0/ Scale: T = 100' 0 : Iron marker C?t.*J : Spot elevation Datum: Assumed CD O ) ‘ill V •r.-pj. M mm % ■/ouu^ NGPLAN lU ie and correct )oundarles of id t|ie proposed . It does not Bnts or en- CO___^ .1 I • . I • ll , I •li . , I I f. I ll < • '*1 I I h * 9 .f* ^1*: !l TO:Planning Commission Members Ron Moorse, City Administrator FROM:Jeanne A. Mabusih. Building & Zoning Administrator DATE:February 14, 1994 SUBJECT: #1904 Eric and Shelly Liljequist, 3490 Birchi Lane - Variances - Public Hearing Pertinent Ordinances Section 10.25, Subd. 6 (B) A. Area Required Existing Variance 21,780 s.f. or 1/2 acre 13,894 s.f. or .32 acre 7,886 s.f. or .18 acre B.Lot width Required = 100’ Existing at 929.4 elevation Variance = 57 ’ or 57% = 43’; at 75 ’ setback = CO’ Section 10.22, Subd. 2 - Review of hardcover A. 0-75 ’ setback area = 3,918 s.f. Existing = 0 Proposed = 0 75-250 ’ setback area = 9,976 s.f. Allowed = 2.494 s.f. or 25% Existing = 2,023 s.f. or 20.28% Proposed = 2,194 s.t. or 21.9% No variance required On June 14, 1993 applicants received approval of a street setback variance tor a 24 ’ x 24 ’ detached garage within street yard of lakeshore yard. List of Exhibits A - Application B - Propertv' Owners List C - Plat Map D - Proposed Site Plan E - 1-2 Floor P’ans F - 1-2 Elevation Zoning File #1904 February 14, 1994 Paee 2 G - Hardcover Inventory H - Survey I - Resolution #3288Description of Request Applicants propose removal of the existing residence and construction of a new residence with a 34 ’x34 ’ footprint at 1,156 s.f. Please review the hardcover facts. Exhibit G and existing survey. Exhibit H. Hardcover is proposed at 2.194 s.f. or 21.95^. Applicants have 300 additional s.f. to allow for stairs, deck or sidewaik. Applicants require no other variances to reconstruct residence as all required yard setbacks are met including the average lakeshore setback, revievt Exhibit H. There is adequate room for applicants to install a deck at lakeshore side where patio doors are shown. Hardcover facts must include steps leading from street side porch as shown in elevation. Issues for Consideration Should the City continue its policy of requiring area or lot width variances where no other variances are required at the time an existing residence is removed and a new residence constructed? For she benefit of the applicants, can we review some of the reasons wh:' the City would require th»s variant- review'. Staff has advised the applicants, that when the residence is removed, the lot is then considered as an undeveloped lot and subject tc current lot standards. Any condition of approval must include recognition of the proposed hardcover at 2.194 s.f. and that applicants are allowed 300 s.f. of additional improvements for steps, deck or sidewalk. r V • -^1 J ^ k CITY OF ORONO - V.\RIANCE APPLICATION Initial Application Fee $200.00 _ ($50.00 per each additional variance) mJJ„ Renewal Variance Fee $100.00 • (no change from original application) / / Variance for non-conforming structures $200.00 After-ihe-Fact Fees (Double application fee) I “ PROPERTY INFORMATION Site Address 3490 BIRCH LANE Piooertv Identification Number (P.I.D.)_____■f)8-117-?i) 43 QQ.0.2. f' 7 T^v r'Lilt w* Lnuito >ccTrc itmtwi- Uf I 4 W‘W ^ w • vv Attach 'legal description to application if not included on required sui^ey. Date Propertv' Acquired-------- 08/28/92 ------------------------------ -.-v-. .-wi I adjacent parcels of land. vr^r'" Present use of property: j^residential -----other (specify)--------------------- x ■ - Zoning District;^----------------------------------------------------- 01/2S/94 applicant Name Frio r T.ilipguisE Address:^aon Bii-r-h i.p.nt>--------------- Phone iFnme) 7/471-725^ P'uone(work) 612/ 8 71d51Q-Q- ____^Zip:.Si22.l-Citv: flrono____ 0\\'NER (if different than applicant) Name_____________________ Phoneihome) Phone twork)_ Address;Citv: DESCRIPTION OF REQLT:ST Estimated Construction Cost Describe request in detail; variance-Lor nov home con (attach additional sheets if necessary) VARIANCES REQLIRED Y Lot Area _ Setback: Lot Width Front __Side Hardcover Lot Coverage Rear Average Lakeshore Other (specify) HARDSHIP/DESCRl^ON O^^^^ uL^sIafFoperty conditions preventing .^ompl^^^^^^^^^^ Zoning Code requirenient5;_jia^d^o_|C^^ additional sheets if necessary) ‘A 1 4m 3 4, REQUIRED SI B.MITT.\LS Alj of the fonowijig.jnfonTiatJon rnust b€ submitted hv the application deadline date in order for your application to be considerpd complete: X Completed Application Form Certitied Property Owners List of owners within 150’ (you must obtain this list from Hennepin County Department of Finance, A-603, Govt Center, 348-5271). X ‘^^3p (obtained with property owners list). -X Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/%" x 11" for reproduction. X Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8Vi" ,x 11" for reproduction. X Sketches or plans of floor & elevation views (provide one (1) copy 8Vi" x 11"). SMt 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. 6. 7. 8. 9. The Applicant ar-d Property Owner must sign this application. Please remember that vonr variance application is not complete if the above information has not been included. APPLICANT S SIGNATLTiE 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 inform.ition supplied is true and correct to the best of h'S/her knowledge. Applicant’s Signature /■:Wa-7/ OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further autliorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation an^ verification of this request. Owner ’s Date 2'^ ^ Applicant must have all submittals into theKTity offices 25 days before the Planning Commission .Meeting. Planning Commission .Meetings are held on the third Monday of each ..vonth. 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. • •*mW OATI 04/U/93 BATCH 001 ■ Q?PROt> ADDR OHNEH NAME TA>0>AyER name /ADDS • / i>RQO AOOH OIMER NAME Taxpayer NAHE/AODR PROP AOOR OI«IER NAME TAXPAYER NAHE/AODR •I PROP AOOR ONNER NAME TAXPAYER •- NAME/ADOR • i . PROP AOOR ONNER NAME • TAXPAYER { ■'■ . nahe/addr SB 08-117-25 45 0001 05470 J8IRCH LA REX EUCEf« OOLIINGER JR REX EUGENE BOLLINGER JR 5470 BIRCH LA NAYZATA LM 5SS91 SO OB-117-25 45 0004 01444 BALOUR PARK RO VIOLET OEROSIA VIOLET DEROSIA 1444 BALDUR PARK RO HAYZATA MN 55591 38 08-117-25 45 0008 05510 NORtH SHORE OR D > J SIKKA OALJir A JASHINDER SIKKA 351C rJORTH SHRE DR HAVZATA Ml S5591 58 08-117-25 45 0015 05480 NORTH SHORE DR BRUCE A NUSDAUH BRUCE A NUSOAUM 5480 NORTH SHORE DR NAYZATA htl 55591 58 08-117-25 45 0025 05450 BIRCH LA E R ENGLER • B ENGUR EOHARD R t BOttllE ENCLER 5450 DIRCII LA HAYZATA HN 55591 I • V , PROP ADDR V ONNER NAME •' ••■...TAXPAYER • NAHE/ADDR * <-1 /« ..NAYZATA MN t ‘ 1 ., •:1 . 1 • I •A ■* . • • ............... * . I 58 08-117-25 45 0027 05440 BIRCH LA R NlLlIAH TONARD ETAL R NILLIAH TONARD 5440 BIRCH LA 55591 * i • *- r HEUIEPIfl COUNTY PROPERTY IHTORMATIOI SYSTEH PROPERTY OltlERS LIST58 08-117-25 45 000205440 BIRCH LA E LILJEQUIST « S LILJCqUtSr ERIC J t SHELLY R LILJEQUIST 5490 BIRCH LA HAYZATA MN 55541 58 08-117-25 45 0005 01440 BALOUR PARK RO R E EfIGEBRETSON ET AL RICHARD E ENGEDRcISON A JEAN ENGEBRETSOtl 1440 BALDUR PARK RO HAYZATA Ttl 55541 58 08-117-25 45 0009 05520 NORTH SHORE DR DAVID A SINGER DAVID A STNGER 5520 NORTH SHORE OR HAYZATA MN 55541 58 08-117-25 45 0014 05440 NORTH SHORE DR KENTON M CARLSON ETAL KENTON H CARLSON 3498 NORTH SHORE DRIVE HAYZATA Ml 55591 38 08-117-25 45 0025 D54S8 NORTH SHORE OR P E DOl'tlAM t 8 D DLADER PAUL BOHMAN/BARBARA 0 BLAOER 5458 NORTH SHORE OR HAYZATA Ml 55591 TOTAL BATCH 001 00016 REPORT MO. PAGE58 08 117-25 45 0005.01448 BALDimi PARR RO CORAL H LAURENCE CORAL H LAHRENCE 5120 lOTH AVE SO MPLS Ml 55417 58 08-117-25 45 000* 01456 BALDUR PARK RO HAP NELSON HALLACC E NELSON 6221 HASimURN AVE S MPIS Ml 55425 58 08-117-25 45 0012 05470 NORTH SHORE DR HAROlO J BROUELLETTE HAROLD J BROUELLETTE 5470 NORTH SHORE OR HAVZATA m 55591 58 08-117-25 45 0015 05448 NORTH SHORE DR KAO CARLSON KENTON H CARLSON 5448 NORTH SHORE DR HAYZATA Ml 55591 58 08-117-23 43 0026 0541.0 NORTH SHORE DR JOIRl C NELSON ETAL JOHN NELSON 5460 NO SHORE DR HAYZATA MN 55591 ■ * '• *c I- ' v" , 4*** ‘t •* - ' ' * f* * ' ‘ I ' • *».S * I •• f il:l! Ill) • .1 • .*• .,'••• *'•, * ■ - I .. I ; - ■vr: r; . • L .. . ! r of /n (9 ( k . . « • • «»• -•»|«rmi ux 4. aioc* I n.^Kt^f ».<i Mcn*w rmimxinm ^.cnm\ Hr^mptxx* Lat t« Biocft I. TUtg gurvcy IhuMO t^k locatiUA of gll e«i«tm9 butltfinqg «nH viiibic ‘hard- cow«r in mine ion to tnc bounder i«a of tno anovo doacriUi'd nroporty. It dooa not purport to «no« any otnar iopcnu oaion ia or cnerooctvnonia . n I Iron onikor Hoar mat «no«n aia naaod on an aaauood datuo. I iTtlify llul iktt »• f*Ty r»r^i4/r«i by inr t»# w*4J»* «J<rrti 4l*m «nd IIU41 4«« • 4aiy C*r4 Ln^mrri •nd Lund ^nnyo* wrnlrr inr U«v« id ihr SlM* M*Am«A4 WUrt S Cn««t)«TC Mmnrtuu Irmar N^i«uny IJT^k 1 • I ¥ • b I «»•«• bt • t«* Fiwfl^iNr ® USa^.f. fpAfbW«e: f75>drf^iNr =^76»^.F X'McMonigalArchitects Lri-^E^^UiVT pEi>lPEH^6. UAHE \T McMonigalArdiitects t^TTE-. ENT\te ^/TTE/t_fW- TD ftc yNPiNvirttO. tNjVv^rrfe^ VAf*t 1 EL€onMc^i s I't?” f’fEUMiNAft.-Y Lru^E-^^v/^vr fz-Et>voE.H6.e UAHE 55'2>^1 A. ■ Houss 3C: 3. GaI^ASc 0,.SlC£^<ALK di^d£- COuc. JC£]?>L —- zatJc'. t-2/^CtlecQ M • • •HARDCuVEa CALC’JLATIQH WORKSHEET SETBACK lotis: (ctRCLE-ONE) C-75'25C-5QQ' 5wQ--uC0 Exi st INQ HAncccvEr. ui Zcne PROPCS0 Q77r S.F. length width % t • • S.F. w X •. • • S.F. S.F. * m I • vt • _ $.?. ^V■0 V' IM. ■ 0 I •> if» • • c. Oriveiiay 2 1. ■■ PavA x JM. • •• , X - X - X S.F. S.F. S.F. S.F.’ Cf^5— t 5*<? • _ S.F. • • - X . ,*• »• ♦• •••• • 7. V X • • F.Landscape AREAS unoerlmh BY ■ . ^— plastic----- SHEETING >< 2-<r :____ X // u X m • • • » - X C^AyC. <f(o(KS s. - X X - X S.F. S.F.' S.F. S.F. t , ( . S.F. . S.F. I . ?.F. • % m • Total HAROCCves in Zone f TotAU PAOfEATY Aa EA IH ZC"® 201-^__^,S.F. • 9 9TS' s.f, £ T 9f 7^_ X 100 • ZO. • • » • • ComN & Gronberg, Inc.1 hrrcijy ccrtiTy that Iha survey was prrparctJ by me or uihIct my dirret super* maon. and th^ 1 am t duly rrg>slcfnf Gvil Engineer and Land Surveyor under the bwrt of tbe Siale of V^rmuU. OATf 7 . 1 ^ . 9 2 , V.. ... ( . .. NtN . . « • ■• ^ Mark S. Cnmbrr^ MinrK*suU Licemc NumU.*r 127SS HMNkX 1%^ CITY of ORONO RESOLUTION OF THE CITY COU'NCIL • • NO. p ^ B. r D. E. The former detached garage was located 1*2" from the side lot line and the new structure will be located 10’. The proposed improvement will result in a reduction of hardcover. If garage was placed parallel to street meeting the 10’ side and street setback, a large maple tree would have to be removed. If proposed garage was to meet the 30 ’ street setback, the 10 separation setback between principal structure and detached structure could not be met. 4 The City Council finds that the conditions existing on this property are peculiar to it and do not applv generally to other property in this zonmg distnct; that erranting the variance would not adversely affect traffic condiuons, Ught, air nor nose a fire hazard or other danger to neighboring property; would not merely Urve as a convenience to the applicants, but is necessary to aUeviate a demonstrable hardship or difficulty; is necessary to preserve a substantial propeip^ right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5 The City Couned 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 proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City CouncU hereby • ... fr. Miinicinal Zoning Code Section 10.03, Subdivision 9 (B) to permit the ^ToTa^i W^eScheTg^^^ within the street yard of the lakeshore lot to be located " L r.qu«d 30-, subjcc. to following eonditioost Page 2 of 5 iMifliQMi CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. • - 1.Authorities granted by this variance run with the property not with the applicants, but are permissive only and 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 (June 14. 1994). 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. 3.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. Adopted by the Orono City Council on this 14th day of June, 1993. lorothy kllin, City Clerk Edward J. CailafaaifrJr.'.^Mayor Property Owner(s) '/I / Page 3 of 5 taaMII OMI 41' STATE OF NANNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL<5 NO. ^ ^ -_______ On this /c/^ day of Tun^__________199^. before m^a Notar>' Public within and for said county, personally appeared J L> fjd —v.—^—X—r .y^arr.fcL known to me to be the person(s) described in and who execmed the for'igoing ihstniment, and acknowledged that he (they) executed the same as his ( e**) act and deed. m USD A S. VE£ notary Pueuc • MINNESOTA HENNEPIN COUNTY My convniuion «apir«s A-I2-M • 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) descnbed m and who executed the foregoing instrument, andTcknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 5 of 5