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01-19-1993 Planning Packet
MINUTES OF THE OROMO PLANNING CO^ISSION MEETING HELD JANUARY 19, 199£ ROLL Thft Orono Planning Commission met on the above date with the following roambars prasant: Acting Planning Commission Chair Mauraan Bellows, Charles Schroeder, Candace Rcwletta, Jeff Johnson and Ed Cohen. Stephen Peterson was absent. The following represented the City Staff: Zoning Administrator Jeanne Mabusth, Septic Manager Stephan Wackman, and City R«-cordar Tar I Naab. Edward Callahan, Gabriel Jabbour and JoEllan Hurr ware prasant. Chair Bellows called the meeting to order at 7:00 p.m. (•1) 91627 SAMUEL A. MCCLOUD. BIG ISLAND RECORD LOT 22 - VARIANCE « CONTINUATION OF PUBLIC HEARING 7:00 - 7:25 P.M. David Anderson was present for the application. Mabusth reviewed the former application for the Planning Commission thet involved a lot line rearrangement In March 1991, and an after- the-fact variance dealing with decking, retaining walls, and extensive stairways, which were constructed some time after the 1987 storm. She noted 40 s.f. of the deck attached to the existing residence and ail deci:ng near the lake are within the 0-75’ zone. Proposed hardcover within the lakeshore has been reduced and retaining walls remain, which the applicant propc>ses to minimize the 3.2 to 5 visual impact with plantings. The applicant proposes 3.2% hardcover in the 0-75’ zone versus 10.8% exittlng. Anderson reviewed the types of plantings he proposes for the property. Cohen asked what comprises the 3.2% hardcover proposed. Mabusth explained prior to the 1987 storm, the property had approximately 1% 0-75’ hardcover which ccmprised a stairway to the lake necessary because of the steep slopes. The 3.2% proposed hardcover includes the 40 s.f. of deck attached to the dwelling. Chair Bellows expressed concern about allowing the retaining wails to remain, which in essence is the "bones'* for the decking, and questioned what Is to stop the applicant from rebuilding the deck areas. She asked how the building Inspector fe!t about the plantings versus the railing along the retaining walls. Hbojsth stated plantings as such have been approved before in other I o^^at i ons. MimjTES OF THE ORONO PLANHirK3 COMHISSlOH MEETING HELD JANUARY 19, 1993 ZONING FILE 91627 - CONT. Rowl«tt« felt they should be given the opportunity to review the property prior to making a decision. Cohen stated he would not approve after-the-fact hardcover Installed within the 0-75’ zone, and agreed with Rowlette that they should be allowed to inspect the property. Chair Bellows indicated the proposal Is based on an engineer’s opinion, not a signed recoesaendatIon by a licensed engineer. She felt If this wera approved they would be allowing a potential for the decks to be rebuilt In the future. She felt the deck attached to the residence is enormous, and she felt that should be reduced to meet the 75’ setback. Anderson stated his client would not object to reducing the size of the attached deck. Chair Bellows suggested tabling the application to allow the applicant time to complete the following: 1) the engineering to be done properly, Including modification of the retaining walls; 2) revise the plans so that any flat area remaining Is not wider than 3’; 3) deck attached to cabin to be altered so as not to encroach the 0-75* setback area; and 4) portions of retaining walla needed to support decks to be removed. Johnson asked how much of the retaining wall system was installed to retain the slope versus how much was built to support the decking. He supported the Idea of retaining the slopes that fell In from the storm. Anderson stated he could not answer lhat question. It was moved by Cohen, seconded by Schroeder, to table Application •1627 for Samuel A. McCloud, Big Island Record Lot 22, to allow the applicant time to revise his proposal and submit any additional required documents. Ayes 5, nays 0. Chair Bellows recommended the applicant resubmit his proposal In time for the Planning Commission to visit the property. . a, I I ^ e>riB I if-W"r^i a/ k ii- —- ^Aik. I.A.U MINUTES OF THE ORONO PtANNlNQ COMMISSION MEETING HELD JANUARY 19. 1993 (#2) 917S7 ROBERT L. NAADE, 998 VILDHURST TRAIL - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:2S - 7:40 P.H. The Affidavit of Pubi i cat ion and Cart i f i cata of Nailing «»ara not ad Mr. I Mrs. Waada wars prasant. Mabusth axplainad the applicants proposa a conditional usa parmit to allow a non-rantal guest apartment to ba installad within their rasidanca currantty undar construction. Sha notad access would be via a secondary door leading into an opan area which is part of tha garage. Chair Bellows asked the hardships for tha raquest. Mrs. Waada axplainad thair son has diabetes and has major medical problems with which she and her husband need to help, and by living near him they could do so. This option would provide him with soma indepandanca. Mabusth clarified the applicants are not asking for a variance and therefore do not have to prove hardship. Chair Bellows expressed concern that the entrance to tha apartment is not via tha principal portion of the rasidanca as required by code. Hr. Waada suggested the addition of a wall at the base of the landing which would In essence make that room a part of the house. Cohen felt that would be reasonable. Chair Bellows felt that would still not meet the Intent of tha coda. Schroader explained to the applicants that their Intent Is to prevent the ran' ! of the unit In future years. Chair Bellows asxv * conditional use parmit approval could run with tha owner/apok ant rather than the property. Cohen asked how a subsw^uent purchaser of the property would have knowledge of such an arrangement. He felt It should be registered in the chaIn of title. 11 I ■ riWii I aim KINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ZONING FILE ilTaT - CONT. It was movad by Cohan, sacondad by Johnson, to raccHnraand approval of Application #1787 for Robart L. Vaada, 998 midhurat Trail, for a conditional use parinlt to allow a non-rantal apartmant unit within \ha principal rasldanre, subject to tha applicant radasigning tha proposal in accordanca with tha racoowiandatIon, and a resolution be filed In the chain of t‘tla noting approval of such Is applicable to the current owner only and any subsequent owner must obtain approval from the City prior to use. Ayes 5. nays 0. (93) 91789 LIB8IE HOPWOOO, 1205 l-AKEVIEN AVENUE - VARIANCES - PUBLIC HEARING 7:45 - 7:50 P.N. The Affidavit of PubI ication and Certificate of Hal I Ing ware noted. B^'lti Goetze, applicant’s father, ^as present for this application. Habusth explained tha original house was destroyed by a fire, and that residence had a street side deck which did receive variance approval. The proposed residence will be replaced In the same envelope as the existing, but the setback variances required are less as the deck will not be replaced. Goetze noted they wilt be using the existing footings. Habusth added the proposed residence meets height requirements. It was SKJved by Johnson, seconded by Rowletta, to recommend approval of Application #1789 for Libbie Hopwood, 1205 Lakevlew Avenue, for variances to construct a residence using the existing footings. Ayes 5, nays 0. (94) 91790 HINNETONICA CENTER FOR THE ARTS, 2040 NORTH SHORE DRIVE - VARIANCE PUBLIC HEARING 7:52 ~ 7:55 P.M. The Af fIdav 11 of Pub Iication and Certificate of Mailing were noted. Ralph Hartlnson was present. Habusth explained the Art Center Is requesting the Installation of a small directional sign along County Road 15. The applicant has contacted Dave Zetterstrom from Hennepin County, who has approved a location for the ^ign. . MIMUTE8 Of THE OROMO RLAMNING COMHISSION HEETING HELD JANUARY 19, 1993 ZONING FILE 91790 - CONT. It was Movsd by Chair Ballows, sacondad by Cohan, to raconmend approval of Application 91790, Hinnatonka Cantar for tha Arts, on tha proparty locatad at 2040 North Shora Oriva. for a varisnca to install a diractional sign along County Road IS. Ayas 5, nays 0. (95) 91791 BLAKE BICHANICH, 332 WESTLAKE STREET - VARIANCES PUBLIC HEARING 7:55 - 8:00 P.M. Tha AffIdavit of PubIicatlon and CertlfIcat® of Hal I log wars notad. Hr. and Mrs. Bichanich wara prasant for this application. wackman axplainad tha applicants own two adjacant parcels, for which thay propota a 50 s.f. addition to tha south side of tha rasidanca and ano'ther addition of a basamant iowar laval to tha north sida of tha residance. Thay ara proposing to mova tha northarn structura 10* ciosar to tha laka to anhanca tha vlaw, and a tower is proposed to Join tha two structures. Tha property has bean astassad for one sewer unit. Tha hardship is the narrowness of the lots. Johnson asked tha setback from tha laka. Bichanich noted the houses are approxIwataly 150* to 200* from tha laka. It was stovad by Chair Ballows, sacondad by Cohan, to recommend approval of Application 91791, BiaKa Bichanich, 332 Westlake Street, for side lot line variances to construct additions to the existing rasidanwas. Ayas 5, nays 0. (98) 91792 DON QRONBERQ, 110 LEAF STREET - VARIANCES PUBLIC HEARING 8:00 - 8:15 P.M. Tha Affidavit of Pubiicatlon and Certificate of Mat IIng were noted. Don Gronbarg and Mark Gronberg ware prasant. Mabusth briefly reviewed tha areas of lots within the neighborhood and two area variances approved since 1975 based on currant rural standards. Tha property now has sewer available. However, the shoreland regulations raQuira tha residence to be setback 75’ from the edge of the tributary is opposed to the 26* setback previously required. This requirement reduces the building envelope, as wei’ as the need to dedicate right-of-way for Leaf Street. I MINUTES Of THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ZONING FILE §1792 - CONT. Mark Gronbarg submittad a iattar indicating tha accaptanca of a 25^ right-of-way from the City Engineer and Public Morkt Director. Nabusth noted they are asked to approve a shoraland setback and area variances. The tributary Is considered a protected tributary. She added the average area of daveioped lots in this neighborhood is approximately 14 acres. Don Gronbarg reviewed that he purchased the lot In 1968, and at that tine the property was dry to the southeastern most stake of the property. He noted the homeownera along the tributary are responsible for the height of that body. He added this is a holding pond for Lake Minnetonka. He indicated his neighbors on either aide are considering additions to their hosMs. Chair Bellows asked if It would be more beneficial to approve street setback variance. Mark Gronbarg explained the run-off comes from up on the hill straight to the creak, and with this proposed plan there Is more of an outpouring towards the street and down to a grassy area and essentially to the creek. He felt this proposal improves the drainage situation In the area. He added, there is thought of widening the road which would place the residence too close to the road. Cici Graham, 35 Leaf Street, expressed her favor of the proposed structure and felt it would be a positive addition to the neighborhood. Cole Graham, 96 Leaf Street, urged the Commission to consider the project, and added the adjacent properties will probably follow suit. He noted a need for the houses in the area to be upgraded. Johnson pointed out that the property was platted prior to the adoption of the current regulations. He also added, the applicant purchased the property 34 years ago with the intent to build on the property. He felt they should recognize that fact. Rowlette questioned the fact that the neighbors control the dam. Mabusth clar I f led that the homeowners’ association working with the DNR control the level of the water. Mark Qronberg added any repairs necessary are the responsibility of the homeowners' association. 6 Ufa Ktaiiiw HINUTES OF THE (»K>NO PLAHNINQ CCMNISSION HEETING HELD JANUARY 19, 1993 ZONING FILE §1792 - COHT. Mabusth au«stion«d Qronberg as to his statemants ragarding tha control of tha dam and hoM that ralataa to tha tributary today and impact on his proparty. Don Gronbarg atatad th# original craak was in tha cantar of tha currant craak, and th# building envalopa Mould ba 75* from that original creak bad. thus a varlanca Mould not ba nacaaaary. Schroadar agraad thara is significant hardship in that ha has OMnad tha proparty since 19S6, and tha proposed residence Mill be setback consistent with tha neighbors. He added there is an artificiality about tha entire creek. It was moved by Row latte, seconded by Schroeder, to recommend approval of Application tW92, Don Gronbarg, 110 Leaf Street, for a lot area variance and shoreland setback to construct a new residence. Ayes 5. nays 0. (•7) 91793 TIN JOHNSON, 627 NORTH FERNDALE ROAD - CONDITIONAL USE PERNIT/VARIANCE - PUBLIC HEARING 8:20 > 9:00 P.N. Tha Af f Idavl t of Pub 11 cat ion and Cert i f icate of Hal I ing were noted. Tim Johnson and Narle Friesen of Often Brothers were present. Chair Bellows read a letter from Joe Thomas, 629 North Farndaia Road, indicating his approval of the project. Chair Bellows noted that the opinions submitted by the unlicensed landscape architect has no validity. Mabusth reviewed the drainage patterns of tha area. She noted a Conservation and Flowaga Easement was taken over tha wetland area on the Johnson property during the 1961 subdivision of the property. In the fall of 1992, staff discovered work crews dredging up soils in the area to determine if a pond was feasible. She noted recent paving changes in private road to tha north had intensified drainage down the shared lot line area and had endangered an adjacent mound system on property at 629 North Farndaia Road. She indicated the property is severely limited with regard to septic expansion. She said staff could not recommend approval of any pond north of the drainage easement line in order to protect and preserve the alternate septic site. MINUTES OF THE ORONO PLANNING COmiSSION MEETING HELD JANUARY 19, 1993 ZONING FILE §1793 - CONT. Fri«t«n •xplaln*d th« b«rm«d ar«as around! tha pond art to bo fillod frcMi the spoHa removed from the pond area. Ha eald they hope to alleviate the flooding problems in the area with thie pond. The applicant noted the swale was necessary to move the water froei the front of the house to the rear. He felt the installation of the pend wou’d enhance the usability of his back yard as in the spring It is very wet. He contended that the pond on the Bast tan property to the east has never overflowed Into his wetland araa. He explained that di.ring the spring the drainage through his property to the Daniels’ property flows very fast. He felt the Installation of the pond would preserve that flowage without causing additional problems. Chair Bellows noted the Conservation and Flowage Easement, which was filed In the chain of title for the propr ty, states very clearly that no trees, shrubs, or vegetation sn&lI be removed, no dirt shall be moved, etc. She suggested the Easement was approved to protect the property from Improvements such as what Is proposed. She indicated the City Engineer feels this improvement is not necessary to alleviate the drainage problems claimed In application Involving flooding of basement areas. Weekman explained the need for an alternate septic site and the restrictions that apply to that site. Including the requirement that the site be setback 75’ from any body of water. Cliff Otten felt that If the pond were redesigned, the setbacks could be met. Bchroeder said the only way they could approve such a proposal would be If the applicant could prove that the Improvement would provide for the betterment of the pond. Cohen noted *f the drainage pattern were changed, the pond by his house would virtually disappear. He added, Johnson bought the property with these conditions on It, and the easements and requirements were filed in the chain of title. The applicant noted the drainage ditch outlet to the west over time has lost its functionality. He expressed concern for his property value. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ZONING FILE 91793 - CONT. Chair Bailows auggastad: tha applicant bacoaia fwailiar with tha altarnata aaptic aita raqui reraents, hava propar hydroiogy dona, and study tha affacts of tha dralnaga pattarn on othar propartiaa. Sha addad, historically it is rara that tha Coaasiaston would approva tha transformation of a natural watland to a manicurad pond. Tim Johnson statad it is not his intant to mow tha araa around tha pond. Jaff Jonnson statad tha applicant naads to study tha ramifications at changing tha drainaga pattarns. Ha quastionad tha ability to craata barms by filling In tha watlands. Mabusth concurrad that cannot ba dona, and notad bacauSi of tha llmitad araa for saptic axpansion, barms cannot ba piacad anywhara In tha raar of tha proparty. Schroadar suggastad the applicant ravlaw tha following: 1) tha affacts on tha altarnata saptic sita; 2) tha affacts of an altarad drainaga pattarn; and 3) any improvamant that is consistant with the wetlands currently in place. Cohan notad Orono is gaarad to protect tha natural habitat and envlronment. Chair Bellows statad sha does not consider a drainage easement a handicap or hardship. It was moved by Cohan, seconded by Chair Bellows, to table Application 91793 for Tim Johnson, 927 North Farndaia Road, to allow the applicant time to revise his proposal. Ayes 5, nays 0. (#8) §1795 LUANN HALTERS, 3800 HAYZATA BLVD - CONDITIONAL USE PERMIT - PUBLIC HEARING 9:00 9:10 P.M. The Affidavit of PubIication and Certificate of Mai IIng ware noted. LuAnn Walters and Cliff Otten were present. Mabusth explained there is a need to protect tha future drainfiald areas to Insure adequate expansion room should tha day care expand. Sha notad tha sprinkler system will require a new well. Sha referred to the Engineer’s recommendations regarding tha parking plan, Including the moving of the entrance drive on County Road 6 further to tha east. It Is suggested the applicant obtain an updated permit from the County. b. MINUTES OF THE O^OMO P? AM4ING COMMISSION MEETING HF<J> JINUARY 19. 1993 ZONING FILE 91795 - CONT. Valt«rt said ah* has anjoysd working with ovaryona on staff at tha City. It was laovad by Cohan, sacondad by Johnson, to racofoniand approval of Application 91796 for LuAnn Waltars, 3800 Wayzata Boutavard, for a conditional usa permit to allow a day cara/school usa, subjact to conditions 91 through 7 included in th* staff mamo. Schroadar askad expansion. if tha saptic sita will ba adaquata for tha Wackman statad additional tasting will ba nacatsary. Waiters inquired if she could hava two signs on tha property. Cohen amended his motion to include approval of two signs, not to exceed 12 s.f. In either sign. Johnson seconded that amendment. JoElian Hurr ino'*i wd about th* catering aspect. Watters statad it would ba limited to those affiliated with the day care, and would be avaiiabi* on a pra-ordar basis. She noted this would inc'ude either breakfast for the parent on his/her way to work, or dinnar for tha entire family to be picked up along with the child at tha and of th* day. Schroadar askad about tha necessary license for that aspect Walters said she would need a licensed catering kitchen, which Is also necessary for tha day care. Cohen inquired if they will be collecting money for such servicSi or charge to accounts. Walters felt It would be better to use a meal ticket and either bill or hava parents pre-pay. Mabusth noted Wackman has reviewed th* saptic system formulas for such use and does not find a problem. Chair Bellows suggested that staff revoke approval of the catering portion of the conditional use permit If It Is fait that It is adding an undue strain on the septic system. Vote: Ayes 5, nays 0. MINUTES OF THE ORONO PLANNINQ COMMISSION MEETING HELD JANUARY 19. 1993 (•9) REPORT BY PLANNING COMMISSION REPRESENTATIVE There «ras no report. (•10) OTHER ISSUES Chair Bellows congratulated Mayor Ed Callahan on hit new position. It was moved by Schroedar. seconded by Cohen, to recognize the splendid Job Charlie Kelley did on the Planning Cooislsston. Ayes 5, nays 0. (•11) APPROVAL OF MINUTES It was moved by Rowlette, by Schroeder, approve the minutes of the November 10. 1992 Planning Coiranission meeting. Ayes 5, nays 0. (•12) REPRESENTATIVE TO THE COUNCIL MEETING Edward Cohen volunteered to attend the meeting February 8, 1993 Council meeting. ADJOURNMENT Chair Bellows adjourned the regular Planning Coiranission meeting at 9:20 p.m. Maureen Bellows. Chair Person Plar.r.ina Ccrrr ’issicn Council PUBLIC ATTENDANCE CITY OF CRONO MEETING DATS f ! j ’ ^ PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OLTl CITY RECORDS. NAME (ple>ase print)ADDRESS NAiME OR N'.MBER PRESENT FOR f-ron agenda) ' f i ■ ! .Jlynr ________y r.?, ________ ^ __________ 4 . /^/r, -; A- ‘n h/ '-C/-/{ lo .LL-:: Dn _________ 5. 6 . 7 • 1 8. 9. 0. 1. ........... _ ^ • 3. 4. 5. 6 . 7. 8. 9. • • 0.- A .Ji PLANNING COMMISSION MEETING TUESDAY, JANUARY IS, 1993, 7:00 P.M. 2780 KELLEY PARKWAY - COUNCIL CHAMBERS COUNCIL REPRESENTATIVE - Mayor Edward Callahan ATTENDANCE ACTION ITEMS - \pplicants presenting variance requeate before the Comiaeion are aaked to move to the podium at the front of the #1627 Samv 2I A. McCloud, Big Island Record Lot 22 - Variance - Continuation of Public Hearing - (Written Notification) Chambara 1. #1627 2.#1787 3 .#1709 4.#1790 5.#1791 6.#1792 7.#1793 0.#1795 Conditional Use Permit - Public Hearing Variances - Public Hearing Variance - Public Hearing Variances - Public Hearing Public Hearing iim uormsuu, t Conditional Use Permit/Variance - Public Hearing Conditional Use Permit - Public Hearing PLANNING COMMISSION COMMENTS 9. Report by Planning Commission Representative to Council Meeting of December 14, 1992. (Stephen Peterson) 10. Other Issues for Discussion. ADDITIONAL ITEMS 11. Planning Commission Approval of Minutes of November 2, 1992 Meeting. ADJOURNMENT [7« • • M M rt *0 :r»- rt I-og M iXl H M 3 "Ort M rt Bt ?.g D H IQ tJ U ‘"i 09 H- ' U U M »* u> O u> y Ul rt :c ortrt tn rt rt M » Au) n If o t^ B* rt jd a* rt o *0 n rt O M S3 O rt H- Bt M n • M* rt O >n rt rtaa & t> H H H O 9 I *o *0 *1o< Bt M o X M-ac rt rt n O rt. 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It c - M- Bt O rt 01BIop 11 rt M-a M't^* H»u X M rt rg as:• » >: r-— OiQ a(n ft ..c tt a n u a A'a «1 t-r it M 0 tt*1rt rt •i) t-r Bi >1'e?UJ < H- rt tti M Oi*o a rt o b-1- VO gas.BiM q- a•1 :« M t*- rto o Sgg t-r 0l tJ«.g IB B» (M H>- M »-* 0 X t1 rt a 0.B S tr. " a- a gsi 1' a 1 tU ns*a n VQ to S It H tm M tt "i; tB 0 ft fta* a* • A i. TOs FllQMt OXTB: Plamin9 n MeTabera Ron 4corre, Cxt> Ac’runi strator Michael P. Gaffron, Aait. Planning & Zoning Administrator January 11, 1993 SUBJECT: #1627 Samuel A. McCloud - Variance - Continuation of Public Hearing List of Exhibits A - Plans submitted for structure revisions B - Letter and calculations from applicant's Engineer C - Planning Commission Minutes 3/10-20/91 D - Planning Commiscion Action Notice 3/22/91 E - Memo and Exhibit® of 3/12/91 SuBonaxy of Request Please review the memo and exhibits of 3/12/91. A dech/retaining wall/stairway system was constructed at the lakeshore of this Big Island property some time between the 1987 super storm and the 1990 septic system inspection. Applicant subsequently made an after-the-fact variance application, requesting approval tc keep the structure, which was before Planning Commission in March 1991. After discussion, Planning Commission tabled the variance request, directing applicant to provide a suitable plan for modifying the structure per the City Engineer's comments, i.e.: A. The majority of the deck should be removed. B. PortArns of stairway and deck could remain to provide accesj. C. Retaining walls to be modified as necessary. Aoplicant completed the required subdivision/combination for this lakeshore strip in February 1992, and his agent, David Anderson of the Village Craftsmen, has submitted a proposal for modification of the structure. Discussion Applicant has submitted a letter from Galen A. Peterson of Liesch Engineering Corporation indicating that the design "appears to be structurally sufficient for the intended function of resisting the present lateral earth pressure". ^ applicant would prefer to not modify any of the Engineer was not willing to confirm the adequacy of the design given that .so many assumptions were (necessarily) made as to soil types, connection methods, etc. Staff would also note that Mr^ Peterson did not sign his work as a registered engineer. Given the 1 Zoning File #1627 January 11, 1993 Page 2 above. Planning Corrmiaaion ahould consider Petersen'a letter as merely an opinion that the wall ia atructurally aound, but certainly it's no guarantee that it ia adequately deaigned and constructed. Similar to the recent Koehnen application in the Minnetonka Bluffs area, note that the building department normally requires an engineered design for any walla or wall system in excess of 4' in height. Aside from the issue of structural stability, the two issues of safety and visual aestheti.'' > remain. From a safety standpoint, staff has requested that the 3tairwav be Generally enclosed with railings so that there is no direct walkway access to the terrace areas above the walls. Then, we would suggest that plantings be of a density along the upper edge of each wall to discourage foot traffic on the retaining wall system. The visual aesthetic issue is primarily a matter of screening. We have asked for a planting schedule showing type, height and placement of plantings to help screen the face of the walls (not received as of this writing) . With wall heights ranging from 3 1/2' to 5', prior discussion has suggested that adding intermediate walls may allow for greater wall coverage by plantings, although it can certainly be argued that plantings can be chosen that will provide screening. The visual impact was not apparently as great a concern the hardcover issue with the Planning Commission in March 1991 (see Minutes). Hardcover Please review the hardcover facts in Exhibit I of the 3/12/91 memo. 0-75' hardcover as built is 10.9%, but would reduce to 3.2% under the current proposal. This includes 40 s.f. (0.3%) which is part of the deck attached to the house, which encroaches about 4’ into the 0-75' zone at one corner. Staff Recommendation Given that the City Engineer cannot confirm the adequacy of the existing wall system, if it is to remain and the City is to issue a bu-*lding permit, the applicant must agree to not hold tne City liable if the walls should fail. Under the assumption that a proposed planting schedule will be available for review at the Planning Commission meeting, you should determine whether the proposed plantings are aesthetically adequate so as to screen the wall system as it currently exists, or whether modifications should be required. Zoning File 91627 January 11, 1993 Pag^ 3 Planning Commission's optional courses of action include the following: 1. Approve wall system as is, with the removal of decks but retaining the stairways as proposed. 2. Reqfuire modification of the walls for aesthetic purposes to allow batter screening. 3. Require removal of the walls and deck in their entirety, leaving merely tne stairway, applicant to find some other method of bank stabilisation besides retaining walls. 4. Other. Approval of the request as proposed (with no modification of the walls, decks to be removed, stairs to remain) should be subject to the following conditions: 1. Planting schedule shall b« adhered to and completed within 12 months of completion of the retaining wall modifications. 2.Hardcover variance granted only for the retaining walls and the walkway/stairway system, as well as the 40 s.f. of deck near the house. (Option: require that deck near the house be modified to eliminate all portions encroaching in the 0-75' zone). 3 . 4 . Recommend Council adoption of "automatic resolution (see 3/12/91 memo). lot area variance 5. Applicant to obtain necessary atter-the-fact building permit prior to modification of the retaining walls and stairway system. Further, applicant shall obtain the necessary after-the-fact building permits for the additions to the residence (which the Building & Zoning Department has determined meets all pertinent zoning standards). Applicant shall agree to hold the City harmlass from any liability if the retaining wall fails at some: time in the future. Note that applicant did pay the after-the-fact fee for this variance request. J > I MM DATE *2/12/91 •aTCN *02TAXPAYEiiOMi/AMi QNNii tiAME TAXFAYCII * NAME/A»H MOF AOOfI GNNi« mm TAXTAYER HAHE/AOra MOP AOM QNNEP HAK TAXPAYER NAnEyADDR PROP ADDR OMNER KAMI TA)9AYER HAHE/AOM HEIMEPIN CgUHTY PROPERTY WTORmTIOW ST5TEII PROPERTY OMMERS LlS?M E2-117*!S 1% DORS DOOM AKl^SS UHASSIOCO HENN CTY PNIR RfS DZST NEHH CO PAUC RESERVE OIS P O iOX 29^HAPiC PLAl^ MN UlSf ‘ St 21-117-a S2 OOlO RMSt #f»RESS UHAS31GNE0 VICTORIA NELSON 010 ISLAR) PROPERTIES SSSS GAPRLE M SUITE 104 npts m 554U ‘i SS n*117-2S 12 0011 ooosa AOORESS UNASSI@€0 SAMUEL A NC CLOUD SAHUEl A rC CLOUD LAN OfflCE 0101 '^lONNAY 05 ff»LS 50422 Oa a-117-21 12 D018 OOOSJ ADDRESS UNASSIGNED TIP HAim TED R NA»#«A 14i:.0 RNOLLNAY DR S HlNNETQNRA MN 05S41 It 21-117-21 12 0042 OOOlt ADDRESS UNASSI9IE0 J A C PAN0Z2O jom PANOZZO STAR RT iOK 9590 DRAXNERO MN 54401 •• '! ■■ : R-• •• / •• St 22-117-21 41 OOQl OOOlt AOORISS UNASSIGNED EU^NE A mism SAMUEL A MC CLOUDLAM orricE0101 NIGMHAY 00 MPtS m 5S422 St 21-117-2S S2 toil 00010 AODRESS UNASSIGNCD VICTORIA NELSON DIG ISLAND PROPERTIES OSSl GAMDLE DR SUITE 104 MPtS m 55414 ^ It 21-117-21 12 0014 DOOlO ADDRESS UNASSI(?€0 SAMUEL A MC CLOUD SAMUEL A nc CLOUD LAN OFEICE 5101 HIGMPaT 55 MPLS MN 55422 sa 21-117-23 12 0019 ooosa ADDRESS UNAX^SIOCD EUGENE A NELSON EUGENE A NELSON 2115 E 14 1/2 ST MPLS MN 55407 SB 2S-117-2S 12 0070 OOUlt ADDRESS UNASSIGNEO ROa^ M MCAULIFFE ET AL ROBER\m HCAULIFFE ET AL 1855 IcKmER la N PLYHOLfTif Tt4 5S441 lOe-t>far Trofm he.6^c. 6*^</. v3/"» yMU 5^3^/ /Oona^ Krarr m. mis«oif • • •S* 2S-117-2S S2 0002 OOOS0 AOMMSS UHASSlCHiO CCRTtUDf V KELSON • 10 ISLAND **0*C»niS' SUS CJOMLE M SUITE IM MPLS S541A S* 2S-117-2S 52 0012 0005* AOMCSS UNASSXeSO VICTOIIA NELSON • • •16 ISLAND PROPERTIES •555 6Af«LE DR SUITE 105. MPLS &S41* > , V • . IS» :5-117-25 52 OOlS 0005S ADDRESS UNASSIOCD SAMUEL A HC CLOUD SAMUEL A HC CLOUD • i LANK orricE 5101 HI6HHAY 55 ’ •* MPIS m 55422 58 25-117-25 52 0020 0QQ38 ADDRESS UNASSIGNEO fRED A RRUNTDEN ■ ; FRED A •RUrrjEN MCT SALES • PROPERTIES S5S5 GAmLE OR STE 106 MPLS MN 55414 TOTAL BATCH I*:'.-. • I * . . N• • T: •..A' • t ♦ I S'*: . # f »* I «T 4. f.* > 1 K ^ • ■^mm^b :: * if -o '■ mmmr ’rf'* .v * V^ ^.‘M ■m^im I V - ' : A \ \ S*»” i'/iJit. d / /' S/. m /■‘A < \ ) :' ^--<'h: - f«> V ?.•■«. •• y '' .' ; ',., - »■ i“" ' .'^‘ \V• * ' .■'?* '*"I--. • ‘ V:- \ - UMi)^. • *'wv /• • H l3 r. •J..1 •* . ^^■■•* -.»*»• r - -• ' <• ' I, « •■m. *>"V .:;wr^- ,>•“ '* *4 'I;?*'. *•' - « «• *r • rf' 1= -'■’ <.i-r,i •■ 1- I- ,'• „ w» '.I -y'" .1 • -'-; ? : I ‘: ■.''-•5 “^V ;' .-,■ . . V , • •• «•"'*.'• V ''' —. ’:5. • ^^4.. 11111) IM 0 ' ' ■ ■" * **'^ ^ • •• ■■■ ■'■, . y ’i ’ • -;■ > y ' ■• ‘-'1"^ \ ?j .., ■ I •'••■'■ ■ fcifeii?.?",- m -v.^ .* -' i I . SS»«!r!"J.i £,:■ iSi. . -A 5 •■■*i\'v'’ '^*^' Wl'-w:';. Ki^-.:;iiK1 tH3 ;. ilil fl 'liyi|& SitftVylr i-Jl'-j '•’ jS''' iSf<'>'Ji fSyW^yt./jjJ *• ^ -'V. . V'; • III! • <v "“'W « 1^ VT i.*^*- ■V •* ^ II |fir i* - ',4 ‘ w-> * »7i mi liRieaii Xw=S3r;i?J !f. . .' » •», «n • • W' '■i V ‘. •'-i m /• .1 4 'J^. . -^mm A U.' • V .' ( Cl. . •'* . LIESCH ENGINEERING CORPORATION 13400 15th Avenue No.• Ptvnxxjth. MN 56441 • 612-559-1423* FAX No 559-2202 [>ecember 30. 1992 OEC 3 1 iC-92 Mr. Mike Gaffron City of Orono P.6. Bo.x 66 Crv'sial Bav Orono. MN 55^23 RE: Timber Retaining Wall Review for Samuel A. McCIoikI. Big Islarul, l.niro Minnetonka, Orono. Minnesota Deaf Mr. Gaffron: Liesch Engineering Corporation wa.s retained by Samuel A. McCloud to review tlie structural integrity of the limber retaining walls located on his Property on Big Island - Lake Minnetonka |x*r the City of Orono’s request. Based uf'on review of the attacheil drawings, sheet 1 and 2 dated February l9, 1990 by Edgework Builders, it is Liesch Engineering Corporation’s opinion that tlie retaining walls design appears to be structurally sufficient for the intended function of resisting the present lateral earth pressure. If you have any question.s. please feel free to contact me at 559-1423. Sincerely. LIESCH E.N’GINEERI.NG CORTORATION Galen A. Peterson Structural Encineer cc: Mr. Samuel A. McCloud .Mr. David Anderson Attadmrints maw:ltrl22892c/GO i ■ Tj? 1- •=? 1Z:Z~ w'Z-X.P.? 1 BRUCE A. LIESCH ASSOCIATES. INC XI NO I I ^ I MOI ^ w4. • • • •*.. . * r V ‘ i «AtCT ^ri.LL. ______ ■■..,1 , F~< 4-gLiQjo s.^ki IMB lam ri * Utonivcift UN a5Ui • eT2<e9C>*^ccii*uTto*^[l£ >nU;^o«CKB»«oat krriiUi£^ HD . 2, {SSLT\CtH^ t^0lZ TM giUlv^a- V^AiC.^ i^y£2Wi oe^CrH. All ^VALCS I4AV£ TH£ iAMC Qu^J^TTry / P<l^te>4^0K^ TAC '‘0CADWV4N5" ^ couTVju^US iJ4C4oR6. • *• (ef n(^ 77W4nsp nMsass,TYp. actuac ^ <(SScM£. 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Jaf f r in *;;« ?' i-nuii :>nn;»ai*::' t-he, reJ.'---na ai^-^rava^ o» i .at. vidrn a.Id area Variance?, i: all otn^r rc.;uirer-cn-s Ee iow3 stated t.nat she wjjld r‘.*oora.-ncnJ approval o^ a .o. w.dt.. ana ar»’.a Variance oecauie the .harJanip r-na with ch« lane becaui© the C^t. r..'CCcn:tod tie l>t »- cjilc.ibie, and it i.-< sjwcrea. hanson i;rcccJ.' Vet.'n, Ayes-i. • •ilay. :;ay. .-’.ctAcn carriec. »!• i {f‘U.:ONINC FILE II1627-SAM PCCLOUO RECORD LOT 122# Bin ISLAtiO ;\^'T*ER-TUE-FACT VAR 1 «\NCE5 “COfiTI NUATION PUBLIC HEAR INC It was r?ov.*d i3\' H.-'nnon. ^. cr.Jed by SeliOws. Ko table v.'rlt'ir.an U .eju.v»'- • tao a v'j r t. ?r'tion. ';,-5-v.'. V't.an carriC-:. ' f I») )/.vj NI NC FILE <IP.;<*‘^ARA MARK rlr^NFY •ll9d llU;ii:<OOi) ROM) VAR IANCE-CONTINUATIUN OF PUHLiC 'lEAHlNC Jira r-.nney v.ont. volley re-convonei the PwoUc Hear::?' it ::.'6 o.r.. and ^ 'view>*d th:* Plannin-: Ccn.ni j*?i »on ’ vic. » re : irci «c Chi» app.tcjtior: mo the intent of tne av.*rm*' .akcshorc ?«ct&aCN. fjjison Maouavn it it » ' keen able •--O vt tnc •....»=.n.in; itracturo cerpri^o.: •..v,.nir.: t.a.Ia ma a a.air\.av. y.mustn rcolieJ. "We wore anacie to meet I did have m cpporfanitv ti .iiaeus.-; the structure uith her. tj j de :< which wcu id ayoear *•.' n a meet tne wity s ^ inndinc standards. Tie structure is ’ year.; Oid. tt may to aporcc*: lato trr tn v t *annin, ' inci aae in the-C recem:-?nJa. :on a .tntoment oertainin ; t.. -hi. Citv oinr;. i-ir.-.itoo th.it t.ie lup^ica.nts -i-i te to rchui d t;..a decN -it sue.n .le.e t.mt it ^ b- r.tructura*. l eo-iirs that a ••' Je-'-ed n.>c*?ssary u 111 have .. b. .ipprovod by the City.’* Ha...on W-.S concerned about t.oatino this "‘ct ur ^^aro .structure in a .mannei ditierent than the .-ormallv addressed, thouuh ho faUy ur.oers.ood t.c the Finney'S auc the own-:; o: the orcrerty prior -o -iw.m. Pol I jV/5 a cJ W ! il c r 'OS 11 res th thit th*.» 1 1 n n e / ’ s .liiwi any other un.t.'rstan.;i r no r-atr i •t i 'h.s .•jariina V ii.ni.it’;• .I’.o.i ^ • % • «# <*% •’ •*lM.^in3ION Hf ^*0 ^AKCil 1 1 # 4 ^**4 » -CNU'«<^J rlL2 I i biti-TVAKK CCflTlNi’hO : *?;*■.: ini -rat. “•. * a-c . i «niJU5. •• ros-"'^*' tMit t.“.^ Plar.r.ir: C>*rr?ii3ioa loo^a 3- ^.-ich Kc*.«, Vini* ' ''3Tt. a.id tnjt each nust have a crcven sa% a!k-viv crantinc you the lot area and JIh ufrftne-A<» If vouc io't wi» und«vel05«a and n^a not lot ^ i-wf»r' i- would orobadly navo to remain that wav. From my point of view, this is * rSV^?i wiL* #»ithet add on to the ex..stin3 house, or sta-.- wny"l aa indifiercnt. I save no prooiea with the th.« natt.c. I ;o not. ».nt to sco you ' =% ..*eK w'i tliivcs donowe* aidresa your a,ip^ loat ion *.-h w>a. w. canes ." , .. ,. ' ->n j*»’'S from the oonofrnsas<CJ :Mnaoii »- **-• o..»-8*».on 4-. « yy thO NltOhel.S. r4 ivpued. V'.o. : '»v-. Jone -nouen buildinu :o know that somethivo ran c,* constructed >n this lot without ro,^uiring a Var lance. *• KeUuy remtn.tei r.-Jff t 'Jt *» « '« Cof-tission du*s ro--ot.nc lu denul. .le cou ^ «..i* C. .<- - ..pplioation to Coun.-tl foe -.n;lr do.-iJina vote. Bellows suggest'd that Mr. the floor plan to give the understanding of hia hardship. ' w vJ w *»bring back a schematic of Planning Coc.mission a hotter The Public liearinj was cont^nucc (|9)Z0N1NC3 FILE # 1627-*SA«UEL A. MCCLOUD RECORD LOT 122, BIG ISLAND AFTER-THE-FACT VARIANCES PUBLIC HEARING Samuel M‘Cloud, and ;iis .Vitocncv, present for this matter. Carter DeLaittre, were Kelley opened the Public Hearin; at S:4d p.m. . and o.ikcd Oaf Iron to present pis opening ccmnter.td. Jo.'tton 5.mr,ucltod r-’’^ systera^that nod Been constructed on this %o pJrmits. HO sdded that tne retaining 'iggy resto-e damage to the bank that resulted from Superitocm. Caffcon said. "The City Engineer has examined the structure in terms of t.ho necessity of the lete^nined that the width of the bank does need some kind of a 4m § - 15 - cc^.MisrrcN '^eeti:jg t-lo ^a«C!I id. I39i irMiONlNG FlLr. |1627-3CCU;UQ CCMTINUKO h.-irit?<• 4,.:t«4tin.* mat tr.e«%*aw» wi.ft a and that scnc interior ^.IS XHiil '^c B 11 onat>I^• He also statedst<ao;^xty o: cn« ^ ^ thi- tJi? lower walls would be easier to screen ^ S ■ J . p c r*: systjrr..He 1 ji i , j _: e s e>: coe . <• • •%' •^ • ‘1 f •N r*< « ,. » if iSil •*. «.•* .*j '. .. 1 c>Sties.r Z^zy staoi lity of t.h©existing wa*4 -.m ttr^ • •*?. t".*t tn»re if » protected vetlovi tnat exists fr.jci t.ie .-...nnetrn<i ?o-er Squadron ?^°?YhV ex^s-ifid;^o- A:v./T’,.rorf,rtrs«^ jii' wasm_a awav. .eavinc a cow* snap»--d depression. ‘ Mr. McCloud hired a contra rtor to build an * j-I - - ■<• ■ »atrac-or su::--'st^d -n.tt ^''■* fc-ink sMoulJ be .estoce ! tnV r.;cb.r,.n, .ei; i,.ie ,n:or:,.i Mr. .voulc: .-m:.,-.n aU t .•' nac■>.^.lc■.■ --er-uts. r; J••■ te*"*-ict. tiiat n.1 hac r. >t o.JtJin the p<.rni»3. ,-ltiicruro ii Utbsontiy pU.-e. and -.e oe*‘«'* ™t°t^e”"tenJtne erosion on the oroo.-r-.v. Tins strooture does seen the intent if CitvV*. Hardco.e; rrdinance. m that it allows wat«- SercoAte into t.ne oroor.d. Tne <----ft‘s"^-r.“?a^n utJtPave spaces in oetweei t:'.*"!. whirP xi.ovs tne cai. - ’■n'oucn. Tae stairway wis constructed in a ci-j-ra^g munnt.r t lini^ tnc distance one would fail if that \/er© to occur. ,^1- ir ouite a bit of voietation that would screen the structure from the laxe .n tne Suc-iei . The structure has a natura* woou STaro crop on t le ml’ one the terracinc o. the riilincs on the too and second serve a ;..f’out tne riilmus. sor.eone cou^a roa... otr tnt a distance. There were no cor.plaintj rro.n Because of t;ie retain ms; avails, sai'ety purpose. h-t eCio and iaj.1 ^uiteI'nr n;'i-;,dor"ur VToV-.r V.,.ora ‘--./-I-'doo: not bal.avc tno.-o nava =Yrn .:.dL?‘"in.r"tnh.nil‘ or It to rer^J in. "nave a fairly a i im 11 cant wou:.l ^l^e to r'*v.-Mve aw.:i i.„,n.-.on aaest.rn^.d .•--■r .M.---;ai.d vonld h.ivo any recourso. t mane 1.11 i y . tnroacn tno contractor. .« **M.* *-i'*L^*'*j* na^ trie.I to cont.^*. ..heDeUiittr*' leoaioi, Mr. .i.e.-J- na.i ^'*'*’“** ouilner. but nas b«.**»n uniolo to .ocate nim. _ . . ^. „,4 ••ha- sh'"* could not possibly approve such a .tr.idtnl:. " tVis Voda'ttln * snT sai.i. •: an sorry._ »ut I believe ‘in ‘?acrobt^n7d'''tnrn«^^^ pl'nitn.” ll.inion st.-.o-l -n..r n.. tot.illy airo-d with Dellows. - 1 h - Y L iM.,viriiN\j crv>n55;«N :^kkti*«g hki.j .marc:i la. ..C,*JU- AbKtf^ ^ c tne ioz'<s acc at ground 'ir‘‘ fror. tne lake, ano tr.at tho only p.f-:.5n o^ Vxt;'‘L-.c.aeec tn.*’ t.co.«>eni5d pppc I Wo? WI4-L... ht. said. ^ ..^-1 »-hi'h are definitely requir**a to only ;.i-5 cetoxninp ^roi^on. T..e design of tne floor;:tevont t.i*i oanK ^*-... .u--n,- - _ 1 wattr in cec^i*»9 .9 9u» n tna.. 4- _^_,.*nc.s watQ^ frott lust running down between each plan<. w.icn^p^ rainwater throug.hout the tue canK. ■» 'r - f E*»axnoer a'so reconunended Itaving at whole systerr,. Jonly other aspect of this that least a oortion of the irel!^ The retaining nay c' <i i scurain-.* to ^-'or,^^e area. I \/ould be haouy to wa i. 1 v^rfu exteuw. oehi i.. <-. - '* ' - ►ho-e wil’ still be wail rer?ov-'* the front wi*- o» c.i.i- vuvu. behihd It.” traps saaii quantities of wat»r _ ^__ _ _ r. aanson t.iiyr"I :.■=« U<o to^»dv inat ; d's not conciirno-J about ttit visual inuaut o: tins struc.ure. n n»-» <^ii-»‘ 4?r. **7h»¥ railincs. or sonc other fortn ,f A barrier Kollpy explain.,d tnat t.no City-, Harncove,.' OriinvftdO docs \*t33 ?^3rdccvcr« sallows ramimied McCloud tnat the City Enginaar has stated tnac the retaining uai.'s are faixing. . -HsT h self, n.vr .t.' engineer, could findr’c^riouu Sxiid. ..c-.hur * , . „, ' J „ou-d have to Sig-.,1 ..£ the cataini.ia “d-.-s -ai-i ;!• o.iinion in that cespcctiully dis.icree .'r,V---l Er-ineoc itatos that the,01.111. I -liso nota t.nat fho ...y tloor i.-cxing .'^.T'^f cou-prrepair than.”the uai. 3 ire tailing, i wi.i ot course .... . .. Hv_ ooinion, stme hardcover can remain. ^ei-.ey s.iiU. v^u o'e entitled *.o hove access,injludinu acce.ss to the laxe. lou a.o enu.w The decking however should be ronoveo. .McCloud asked Kelley to address the rail.*ngs. Kolioy raplied. "Tha roilinas arc naaced in accordance with the retaining v;alls excoedinc a certain neigh . a .. T-r» needed when the wall height.•tabisth stated tnat railln^^. a.o ncc-*.^ exceeds ’.0 inches. - 1: - I &AII ■ rn^i%m J i % i t % « 1 *• • ,1 i ^ .*I.ANriiNii .1KKTIMC MriLD rUKCI 18. 10?1 Fj;,t: iiorv-ficcLcuu ccntinuld -lat. t^erc ar# s'voral ciistvn^ r-'cainin^ VI 11s n trso Ci-v of Orono vou.cs provide ©xarsp^es of now tr^ i 4SU5S of safety a id o ^^Hion .-introl can ce a idressed. Ke-lvy explain**d t>.e options available to nr. MrC*o.ic for ;;“sroc‘?^ding or tabling his application. McCloud aa^»*d tha Planning Cor.nission if they concarrsd with the Staff reccrsr.endations presented in Gaffron ’s rieno. Gaffron reviewed the recoro.*nendations included in his ineir.o. Staff to Planning to toblo 9:05 p.rn.. noting that •icCloud stated tiat he would wor>t farther with preporo a revised plan. a"d ceguest-d thit th2 Cortnission m tke a motion at their reconvened meeting this .ipp 1 ICOt * on. The rubiic H'a.ing '..as cotc ir'.ued. (•10) ZONING Fli.t; |1628-nA,?>C S SAHA FINNEY 4195 HIGIWOOD ROAD VARIANCE - PUBLIC HEARING Kelley opened t.ie Public H**aring at Sara Finney was present. •labustn showed t.ie plan for the replacement foundation and the prcr:o:.?d addition, stati'ig tn.it an avvorage laKOShore setback Variance v/ouid bo r-?ouired. S.io said, "I w.is aivioc- evening by J ii:. Hanson, who do go beyond the fenceo area, t.ut tnore is structure v.ithin t.he iakesnore yard. Hanson said. ‘There i *. a ccmple.o sto.Twoy .;i...h bcnc.h .jcitinq. and ntermedute storage areo. not entirely dissinuiar . o what we Shw in the .McCloud .ippli cation. I would approxinat»j t.hat there is 1.300 s f. o;’ ground cover in t.he l-TS’ area. * discussed the structure with .Ms. rinnoy who intor.med .me t.h^t the structure was installed t..o o-ners a..;o. Permits were not oocained, nor wore any V-irianucs granted for that structure ^n this c/isc. I whole-heartedly support tiio a.idi ti on p. ans tne Finneyk are preccsing, but I i.ouid ask tor trade-ofts. Kelley asked Finney to state her hardship for the reguostod Var i.ince. •innev repl-ed. "The house his one bedroom and is one end a ha’f stones. The base.ment is functional as a swi;r.ming pool at best. wo h.ivc the s.ime circumstance discussed in an earlier apoiicjtion this evening, wj tn our driveway beir.g above t.ie level of the house. When i' rains, the wr.ter comes d..wn the b.c.v sidewalk into our basement. We ar- hoping to P^C in a^soiid t.ali founriition. T-.o seuaro footage ot louso nov/ xs 9.)0 s... • - 18 - •) '[tCITT or OBi P.O. Box 6( Crystal Bay, KM ZOHING PILB NO. 1627 NOTICE OF PLAMHING COMMISSION ACTION 55J23 473-7357 Date of Notice: 3/22/9*1 TO:Samuel A. McCloud COFIBS TO: Carter DeLaittre 5101 Highway 55 % Lambert t Boeder Minneapolis, MN 55422 1000 Superior Blvd Naysata, MN 55391 TTP*OF APPLICATION: Variance DAT* OF MBBTIHCt 3-16/20-91 VOTBi 4 For 0 Again»t Flaimlng CoHissicm rectaneiMls the following: Tablad for reasons noted below IMOTBS AND SPECIAL CONDITIONS: Tabled pending receipt of a plan for modification of deck/stairway/wal1 system in keeping with the provisions of the staff recommendation in the memo of 3/12/91. Planning Commission generally indicated agreement with the staff recommendation, and advised applicant to work with staff in formulating acceptable revisions to the structure. Applicant's next scheduled meeting is dependent upon receipt additional Information. Deadline for the April 15 meeting is April 5; May 10 for the May 20 meeting. of or If you desire certified copies of the official Planning Comraisslon minutes, they are available from the City Recorder after review and approval by the Planning Commission. I' ■t h ftia Planning Corslasion Chainwan Felley Orono Planning Co^iaalon Kecbera City Administrator Barnhardson Michaal P. Gaffron, Asst Planning A Zoning Adminietrator Datei Subjects March 12» 1991 #1627 Sanuel A. McCloud, Record Lot 22, Pig Island After-the-Fact Variance • Public Hearing Zoning District - RS, Recreational Seasonal Application - After-the-fact reguest for hardcover and structure variances in the 0-75* tone. L-int of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit R Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M - Application Letter of Request Plat Map Property Owners List Request to Adopt "Automatic Lot Area Variance* Survey Deck Plans (as-built) City Engineer's Comments Hardcover Review by Staff Photos 8/90, 1/91 Letter to Sam McCloud 1/23/91 Letter to Carter Delaittre 2/19/91 Re: Application #889 "Automatic Lot Area Variance* Resolution IPertlnent Code Sections - 1. Section 10.55, Subdivision 8 - Prohibits grading, hardcover and structures within 75* of the shoreline. 2. Section 10.31, Subdivision 9 - In RS sone, allows no excavating, filling, hardcover, temporary or permanent structures within 75* of the shoreline. Limits hardcover to 25% in the 75-250* zone. 3. Section 10.03, Subdivision 19 - Prohibits changes in grade or construction or alteration of retaining walls, without a conditional use permit Issued by the Council. 4. Ordinance 39, 2nd Series - Waived fees and allowed staff to issue permits for repair of the 1987 superstorm lakeshore damage, effective 7/27/87 through 8/31/87. C'-« « ^» r *■4^^ ^ • * V • ■ r.r ' t • • 1 *• C-. ^ K. .. ... ^J Zoning ril« *1627 Karch 12, 1991 Page 2 of 5 ry - Applicant purchased the property in 1985. The 1987 Super Storn caused a slunping failure of the lakeshore bank. The applicant hired an unnarred contractor froai "western Minnesota" to build an addition to the existing cabin and build the retaining wa 11 /stairway/deck system. The contractor obtained no permits from the City. This construction work was found by the City during the 1990 reptic system inspections of Big Island, and the property owner was duly notified of the violations. The Building Department is treating the after-the-fact permit application for the cabin additions as a separate application, not requiring a variance. The application before the Planning Commission is for after-the-fact variances and conditional use permit to allow the retaining wal1 /deck/stairway system to remain as-ls. Pertinent Facts - 1.Prior to construction of the existing deck/retaining wall/stairway system, a stairway approximately 4' wide and 40* long provided access fr^ the lakeshore to the residence on the property. The steep bank merits some type of stairway system to provide access. Hardcover with this previous stairway is estimated at just over 1% of the 0—75* zone. 2.Exhibit I indicates that existing hardcover in the 0-75* zone is approximately 10.9%, including all portions of the deck/retaining wa 11 /stairway system in the 0-75’ zone and landward of the 929.4* elevation. A portion of che hinged deck extends lakewerd of the 929.4* elevation. Such structure appears to be prohibited by LMCD regulations. Section 2.12, Subdivision 2 (B). The applicant hired Edgework PulIders to provide an after- the-fact plan of the retaining wall system, however Edgework Builders was not involved in the original design or construction of this wall system. Staff would request confirmation from Edgework Builders that all of the cribbing and deadman construction as shown on the plan is in place. 4.City Engineer Glenn Cook has visited the site and viewed the structure, and has recommended the following: A. The majority of the deck should be removed. B. Portions of stairway and deck walkway could remain in place to provide access from the shore to the cabin. Joning File 11627 March 12, 1991 Page 3 cf 5 C. The retai:.ing walla will need to be modified because they are already showing signs of instability, and because in some locations the overlying deck structure to be removed does enhance the stability of the walls because they are so high. In discussions with the Engineer, staff determined that one optional solution would be to lower the portions of retaining walls exceeding 3-4’ in height, and add additional walls between the remaining walls. This would likely provide the necessary stability while allowing spaces for additional plantings to help screen the walls. Additionally, this would eliminate the need for railings extending upward from deck sections. The storage area adjacent to the main stairway would be eliminated. The final hardcover in the 0-75* after these reductions is estimated at less than 4%. Discussion - Please review the applicant's letter of request. Applicant points out five specific useful purposes for the structure as built, and indicates that the topography and obvious potential for bank erosion create a hardship situation that warrants the variance. While a number of trees tend to somewhat soften the visual appearance of this structure as viewed from the Lake, there is no question that this type of deck structure is in total non conformity with the letter and intent of the zoning code, and further, does not conform with various land use policies contained in the City of Orono Community Management Plan. The City of Orono has a track record of requiring pre-existing non- conforming lakeshore structures to "de-intensify" or disappear as they fall into disrepair, and approval of new construction and hardcover of t^e magnitude of this structure would be unusual in the 0-75* zor». Additional Ifiauua - In 1983, Orono rezoned Big Island and defined "Record Lots" which recognized historic patterns of use and ownership, intending to keep substandard, commonly owned lots permanently in common ownership. Record lot property owners were offered the opportunity to be granted an "automatic lot area variance", generally allowing them specific continued rights to use their properties for standard single family seasonal recreational uses. Zoning File 11627 March 12, 199'1 Page 4 oi 5 The McCloud property was owned by Eugene Nelson at that tine, and coamon ownerships involving Nelson's relatives ultimately resulted in the current Record Lot designations. The automatic lot area variance documents were never finalized by Nelson, however, during his sale to McCloud in 1985, it was determined that a lot line rearrangement subdivision was necessary to properly allocate the lakeshorc between Nelson's property and Record Lot 16 to the south (please see the 2/19/91 letter to Carter Delaittre). The 2/19/91 letter summarizes the history of Subdivision application 1889 which was recommended for approval by the Planning Commission in 1985 but got stalled out at the Council level due to the neighboring property owner's objections and lack of followup. The City would have granted the automatic lot area variance as part of the subdivision approval had that subdivision been finalized. In the meantime, the City technically cannot issue any building permits to McCloud until the automatic lot area variance has been granted. It is staff's position that, while the defined time period for "automatic" lot area variances has past, the City has been fairly lenient in holding to the time limitation for other Big Island properties as long as other issues are resolved in a timely manner. Approximately half of the property owners executed their automatic variances in 1984. The rest have been dribbling in over the years as properties are sold or as property improvements occur. Ctaff Staff recommends as follows 1. Approval of land alteration conditional use permit and variance for retaining walls subject to: a) Removal of all decks except portions necessary as walkways between stairways. b) Modification of retaining walls to eliminate all portions in excess of 3-4' high, applicant to submit revised plans for City Engineer and Planning Commission approval of additional walls to be constructed between remaining walls. c) Maximum allowed width of remaining walkways and stairs is 4'. •! Zoning File #1627 March 12, 1991 Page 5 of 5 d) Applicant to submit a planting schedule to provide for vegetative screening of the remaining retaining walls. Such schedule shall detail the type, location, number and sire of plantings. Upon approval by the Plar .ing CoraaiBsion and Council, such planting schedule shall be adhered to with completion of plantings within 12 months of completion of retaining wall oodifications. 2. Approva’ of a hardcover variance only for the retaining walls and 4' walkway/stairway system (hardcover percentage to be determined when revised proposal is submitted/approved). 3. Recommend Council adoption of "automatic lot area variance" resolution in conjunction with resolution of after-the~fact variance application. 4. Applicant to obtain necessary after-the-fact building permit prior to modification of the retaining walls and stairway system. 5. Deck near the house shall be modified to eliminate all portions encroaching into the 0-75* zone. 6. Recommend that Hr. McCloud and the owner of K..v:ord Lot 16 jointly request (in writing) reopening of subdivision application #889 at the City Council level to resolve the issue of the strip of shoreline in front of Record Lot 16 for which McCloud is still fee owner and tax payer. 7. Table application pending receipt of revised plan for walls and stairs/walkwaye and receipt of a planting schedule. The above recommendations constitute a partial approval/partial denial of the requested variances. If Planning Commission feels that special circumstances justify granting of additional deck areas or walkway widths, please give applicant specific direction as to those parameters. CITY OF OROMO - VAJUIUKS fUFFLlCmCSI Initial Application Fee $175.OC ($50.00 per each additional variance) Renewal Variance Fee $100.00 (r.o chir.^c frca original application) After-tho-ract Fees (Dcubla asp'icatio.. Tee) PROPERTY LOCATIOR Site Address Big island Pecord Lot *22 ___________ 7/ O } rvis.^’ 23-117-2J-Ol-0013 23-117-23-01-0015 Property Identification Nxaaber (P.I.O.) 23-ii7-2J-oi-ooi4 22-117-23-41-0001 Attach legal description to application if not included on required survey. APPLXCAHT Phone (home) 533-'^ti2i Name Samuel A. McCloud Phone (work) 542-9001 Address: 5101 Highway 55 City: Minng»apoli3_____Zip; 5*^440 QHHER (if different than applicant)Phone (home) Name Same as above.Phone (wor)c) Address:City:Zip: Date Property Acquired Aprila 1985 (mon h/year) I (do) (do not) also owTi the adjacent parcels of lamd. PRESENT USB OP PROPERTY Present Zoning District Seasonal Recreational____________ Present Dse of Property SeascnaJ..Residential Other (specify) Estimated Construction Cost $DESCRIPTION OP REQUEST Describe request in detail: Int area variance and combination of tax parcels . ________________________________ VARIANCES RSOUIRBD Lot Area Lot Width Hardcover Setback—Variances {T Other Automatic Lot Area Variance Side Rear } ii ‘r I ______ CITT OF OROW) - VRRIA8C* AFFWCATIOII >. ^ , .f T7^ 'LInitial Application Fa« $175.OC ii — ($50.00 par each additional variance) Renewal Variance Fee $100.00 (no change frow original application) After-the-Fact Fees (Douhle applicaticn^fM)^................................. V i • / ^r 01 Iv <r*» •* • • . * •.w VV • V' ' -tr ^ • k. wv • % propbbty locatioh Site addreaa Big island Record tot *22 ii'* r;.*• wee a 23-117-23-01-0013 23-117-23-01-0015 Wflcrtv Id.ntifi«*-ion Nu»b.r (P.I.D. ^S«n"U.l description to .pplic.tion if not included on r0<juir#d survey# Phone (home) 533-9621 APPLICAHT Name s*cuei a» wccioud ------- .................. » ------ City=_,nmt«u^ Phone (worJc)_iiiiiii21_-. 2ip; S544a I2JI (if different than applicant) Nase Saffe as above- ----—. Phone (home) Phone (work) Addreit:City Zip Date Property Acquired April. I9as------------------------- I MM (do not) elso own the edj.cent parcels of land. (month/year) PRBSBMT OSE OP PROPERTY Present Zoning District seasonal, Pecreational Present Use of Property Residential Other (specify) description of rbqokst Estimated Construction Cost $ 30,900,2g. ... 1 . frrn s athagJ f VARIANCES REQUIRED ' Lot Area Lot Width Hardcover ii^i. IBARDSHIP D«»crib« undue hardship or practical difficulty resulting froai strict enforcement of zoning regulationst on ftcj«sty sufftfr«a erosion A»m.t-:r ■. r~trr.t ul fc.'f fir*h^r gr oy ' r^k^n- 1 i SnSCllIFTIOB OF UHUSOAL PROPERTT COIB>ITIOKS (jon*iJ^rabl* sue to protoct hil>aL«nd*\i consiJarab fortbar il>>*au<e.nting cotBpIlancDescribe unusual property conditions preventing comp Code Requirements: fee above anU attache^i atateegr.t. e f^ith Zoning 1. 2. 3. 4. 5. 4. 7. fllCO SUBMITTALS Completed Application Form Certified Property Owners List of owners within 150* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 34S-3271). Plat Map lobtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8>j*xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 0*s"xll*). S)cetches or plans of floor i elevation views (provide 1 copy 8*!"xll*). s an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Pleas© remeoiber that yoar variance application is not complete if the_above iAfonation has pot been included. APPLICAIIT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of h^/her )cnowledge. Applicant's Signature Date OMMERS SIGNATURE The owner hereby aclcowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consul cants, agents, Commission members, and Council members for purposes of iuvestiga- tion and verification of this request. Owner's Signature Date 2/?i/qi Applicant must have all submittals into the City offices 25 days before the Plemning Commission Meeting. Planning Commission Meetings are held ^ ® third Monday of each month. Applicants must b« present at all scheduled review meetings of the Planning Comission and Council. If an applicant s unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. I .. 1 • « —• ADDITIQWAL _STATE«£8T L A. McCLOUD VARIANCE APPLICATION 1 am applying for an after-the-fact variance from the City of Orono with respect to a retaining wall/stairway/deck system that was built on property in 1987. In particular, I am seeking a variance from the application of city ordinances that restrict structures and hardcover within 75 feet of the lakeshore. 1 purchased this property in April, 1985. The property is located Big Island and faces southwest. Most of the property is gently rolling and is situated on a hill above Lake Minnetonka. The portion of the property that is adjacent to Lake Minnetonka is very steep, with an angle of approximately 30 degrees. There are several large trees and other ground cover located on this steep slope. During the "storm of the century" in July, 1987, a massive portion of the hill adjacent to Lake Minnetonka washed out. taking with it the stairway which extended down towards the shoreline and two (2) large trees. The aftermath of the storm resulted in an extremely sharp incline down to the shoreline and a bowl shaped depression in the hill. Shortly thereafter, I hired a contractor from western Minnesota to build an addition to the existing cabin and to build a retaining wall/stairway/deck system to preserve and strengthen the eroded hillside, provide access to the shoreline and prevent further damage to the hill in the event of another heavy rainfall. The contractor provided me with a bid for the i i « i } »i v,i m *-» •0< 4u retaining wal1/stairway/deck system which, 1 was Informed, included the cost of all permits to complete the construction. The contractor also told toe that he would see to it that all of the proper pernlts were acquired prior to construction. Obviously, to my surprise, I have now learned that the necessary permits and variances were never obtained. I am requesting that the City of Orono issue a variance so that the present structures, as constructed, may remain in their current state. This includes the retaining wall/ stairway/deck system on the hill adjacent to the lake and the deck located next to the house, which barely encroaches into the 75 foot setback zone. The topography of the property, the washout of the steep slope, the destruction of the stairway and the loss of two large trees created a hardship situation that warrants the variance. Obviously, X was not responsible for creating the washout of the hill and the associated damage. I was faced with a situation whereby a heavy rainfall in the future could further erode niy property and could ultimately place the home on the property in jeopardy. The structures, as built, serve several useful purposes that warrant your attention: 1. The retaining wall system is necessary to control soil erosion and water run off. The retaining wall system is more efficient in this regard than other systems, such as those that use erosion blankets. With the use of erosion blankets, there is a greater chance of rainwater flowing directly into the lake • # 4 •! . J S and erosioiii of topsoil into tha lake. Furthermore, erosion blankets tend to be temporary cteasures and their effectiveness is dependent upon the ability of ground foliage to ultimately adhere to the hillside. On the other hand, the retaining wall system creates pockets and terraces for the water to collect and percolate down through the soil and creates barriers to halt the erosion of the soil on the hillside. In addition, retaining walls are not temporary remedial laeasures but instead are permanent solutions to the particular landscape problem. 2. The retaining wall/deck system actually promotes the purposes of the hardcover ordinance by assisting the slow. methodical percolation of rainwater through the soil.The spirit and intent of Orono’s hardcover ordinance, is to ensure that rainfall run off will be cleansed by filtering through grass or vegetated yard areas before entering the lake, without the retaining wall/deck system, rainfall would most certainly wash down the steep hill directly into Lake Minnetonka. On the other hand, the retaining wall/deck system impedes this direct flow into the lake by causing rainfall to hit the horizontal deck area, collect on the deck and then pass through the openings between the deck boards, much as if the deck were acting like a coffee filter in an automatic drip coffeemaker. This process decreases the amount of erosion and also allows the rainwater to seep more slowly into the ground. 3. The retaining wall/deck system provides protection *-0 the trees on the hill by controlling erosion and the loss of soil around their root systems. It is important to note that no trees were refsoved froei the hillside to accoraraodato the construction of the retaining wall/stait<aay/deck system. the contrary, great care was taken to build the structure around existing trees to ensure their longevity. 4. The "zig-zag* design of the stairway is necessary because of the extreme slope of the hill and provides a safer neans of descent to the lakeshore. The drawings submitted along with this application show that the hill drops 17 feet over a 36 foot span. This creates an angle of 30 degrees. The zig-zag nature of the stairway and the landing room on the deck- afford more protection to an individual if he were to fall on the stairway. 5. From a purely aesthetic standpoint, the retaining wall/stairway/deck system does not jeopardize the integrity of the locality. First, the entire structure is made of wood and has remained in a natural wood color. Second, during the seasons when Lake Minnetonka is most heavily used, the entire structure is not readily noticeable from the water because it partially concealed foliage on the hillside. Furthermore, the structure is not visible to a good portion of the main body of the lake since the property is tucked back into one of the bays that comprise Big Island. Finally,much of the horizontal decking material is not visible from the water since a good portion of the deck is located on top of the hill. For all of the above reasons, I respectfully request that the City approve my request for variance that the retaining wall/stairway/deck system and the deck next to the house may remain in their present positions 1 i !mm MTi nt/iz/nMTCM Mt NfNNiPXN CuUNTf MDPfin ISftWUTION STSTIII pnopftTY ammn list ttrair m «%SS401 OM€R MAM TAXtmi :/i SS 1% MOIMOM AOOffiSS UNA^imCQ mm CVf RAM RfS DIST wum CO pum KEMivf oxs R 0 MK tRA MRU RLAItl m SSXSf Ml X2-117-n A1 0001 OOOM AOORfSS UNASSiGNit lUQiNi A NELSON SAfUL A HC CIOUO LAM Ofncf SlOl MIGMNAT S§ HRiS m SSAE2 M ES-ll7-n SE WOE OMSO AMOfSS UNASSXGNiO MRTIMHI V NELSON 016 XSLANO ROORfOmS SISS GAMOLE M SUITE 100 NRLS NN S§%!4 OmEi MAM TAXRAYEO ^ NAME/AOOR U n-ll7-ES IE 0010 OMM AOOOfSS UNASSIGMO VICTORIA MEL8CM 016 ISLAM RMRERTIES SSSS 6AMLC DR SUITE lOA NRtS MN SSA14 SO ES-117-ES IE 0011 ROOM AMRiSS UNASSIOCD VICTORIA NELSON OIG ISLAM RRORERTIES SSSS GAMLE OR !^TS lOA MRtS m SS414 SO ES-117-ES SE MIE OOOSO ADDRESS UNASSIQCO VICTORIA NELSON ilQ ISLAND RRORERTIES SSSS 6AMIE M SUITE 104 HRLS HN SS4I4 4 i « PROP AMR r OMER NAM TAKRAYER NAM/AOOR SO ES-II7*ES SE OeiS OMSO ADDRESS UNASSIOCO SAMUEL A HC CLOUD SAMUEL A HC CLOUD LAM OEFICE SlOl HIMHAY SS HRLS HN SS4EE SO ES-117-ES SE M14 OOOSO AOOREM UNASSimEO SAMUEL A HC CLOUD SAMUEL A HC CLOUD IAN orricE SlOl Hiomki SS HRLS HN SS4EE SO EI*117*E1 St ODIS OOOSO ADDRESS UNASSIQMD SAMUEL A HC CIOUO SAMUEL A HC CLOUD LANN orrici SlOl HIGHHAY Si HRLS MN SS4EE c RROR AOOR ONNER NAHE TAXPAYER NAM/AOOR 10 ES-117-E1 St oau OOOSO AOORESS UNASSIGMO TAR NANNA TED R HAMA 14115 RNOLLNAY DR S HINNETQNRA MN S5S4S SO ES-117-tS St OOlf OOOSa ADDRESS UNASSIGNEO EUGEM A NELSON EUGENE A NELSON Elis E S4 1/E ST HRLS HN SS407 SO ES-117-ES SE OOEO OOOSO ADDRESS UNASSIGMO FRED A SRLtfTJEN EREO A ORUNTJEN HGT SALES A RRORERTIES SSSS GAMBLE DA STC 104 HRLS MN 55414 > # RROR ADDA ONNEA NAM TAXPAYEA NAM/AOOR SO E5-117-ES SE 0042 OOOSO AOORESS UNASSIGNEO J A C RAM0Z2O JOHN RANOZZO STAR AT OOX 454S BRAINERO m 544Q1 SO ES-117-2S SE 0070 OOOSO AOORESS UNASSIGNEO ROBERT H HCAULirrC ET At RJBERT H HCAUtlFFE ET At loss RILHEA LA N RLYHOUTH HN 55441 TOTAL BATCH 002 00014 ^ . /• ^ r ^5.li* r C:• J. i : . .■#V: .< r • i.. m93 VWST . M4^4^S•OTA ••^1® July 25, 1985 Michael P. Gaffron Ascistnat Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Dear Hr. Gaffron: Enclosed please find the forms to be executed regarding the Automatic Lot Area Variance on my Big Island property. If you should have any questions, please feel free to contact me. Resp^tfully ccloud . s r t i.ti ♦ ... --Ijiiil ,2. i! »! <) « . i', .1;! fii*•' ♦> l»‘ ! ii' 1 I . f : I t;ri » ; i <*• !5: ifi' I' •: f*ii *1; ii! A i..1 iii .1 ^ mm, mmmm ■««»■ • •> ► EDGEWORK_____ BUILDERS M Bonestroo Rosenc Anderffk & Associates Cnginttri A ArcNtecfs • C ^ fc. ^ • ^ OlB^t CM n m c * *s«^ pf c i.^pa • ^ IMPP ^ ^ >ntnwm •• V.«r • ««« ^ OSM# O ^ C •• t <M M C • • I #f Dp^ / saapw*" •! WV« A IM ^ CmM Af M»t ft •€ i »«HP ft ftf <^C • A • c • O %ftwr» ftf • CMi ftf « t DftM* Pf 'ft ftlM^ Pf iPft « A « A 0p> ^ March 11. 19P1 City ot Orono Baa 66 Crystal Bay, Minnesota 55323 Attn: Mike GafTron Re: Me Cloud (Big bland) Our File Na 139-1627 Dear Mike: We have reviewed the deck construction in the 0-75* lake shore area on the Me Qmid property ^ Big bland. The deck was constructed over a series of retaining walb that protect the lake &ht)re bank. The bank failed during the big storm of 1987. We would recommend that a majority of the deck be removed. The cross hatched area would indicate the stairway and deck that could remain in place. The retaining walls will have to be mtxlificd because they do not appear to be stable in all cases without the overlving deck. The owner should be required to provide a new plan with the modified retaining walb and proposed deck and stairway area. Please contact thb otfice if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERl.IK & ASSOCIATES. INC. Glenn R. CcK)k GRC:dh 2335 West Hlahw;*v 36 • St. Paul. Minnesota 55113 • 612-636-4600 1^ I <f 'A Ccf'tc of ■5ff 7^ r. //7 ?z V’.Cv ,iF Lt>^ ’ ,f ihe 1 hf»tbv c#Mifv thi! |h.i •• 1 truf ind co«»ec: rep'ftf^'liliOM o* 4 »u»^ev of IHe tx)unjin*i of th* above deiti ibed lend and of the locai-on of a«l bu'iilmys F*le No 6’6»PO' C.\ DEMAR8-GABRIEL f ai'v. the'ccn. and all vuibic encroacHmemt <1 any from o* o>* ia>.l ia«ul \ * vND SURVEYORS. INC. •A| 1 j'v»\ ed by rre (lh„ I9f/.Book PdFf* 7 70 -EO 1 • X (urn O-IS' • /2,1t»o) ^ &<m /:c^‘h L^r ocnot^ M^zjc /Je^^ •^^ / . ^(sa^/p^Avi^ ^YSrv"/^^ ^'T iji)c^^ HO /&<>& /y^a •i ^ * P TT /<] "7s-2 to' C&zc^f^ - lo^nf^c/) /(5 V c>|ft»^j ffW Atbr"'70fJ 20 >^20 ^tOO <‘rVC>15.1 >'/y. 2 n {^ /O.Z Ht^ ;'5>c’cy-6 >< 2iS>-6o * ^ (y ^ 1 O 4. 'fc^ V io^ - Vo / !o% 2^2'^Co S':^* • S*2. ^gi^UCT70»i /^^> fir^'2^ CiT"/ i^kr W' f^tv/>An tJ\t^L% ^t'* ^ - r^‘f-uiii^if«* \ 5-^A^.ft. UJfe^ ST4t ituJA^ (/JirV*^tyi»Y ^ X/? = ^ $ > V » ^2 V x/t = t/3 *• 2C» i/xO “ 68 APrt^ ^or^rr^ 1 C|4<^&r6 fi?A)<irt I>^SC^«lOAj) AJCT Zoo /.-f. X,r */30 *.■(. HO i^. /N> ‘*<'(j£t Oecif 2*7 yo 3. |«) *(cnO ~ til<f ; lz.^<0c> ^ 3>. 2-/^ e<£MJMwif'C. 2/^ e-* ■Ur-ra • UiJK^ii CITV I Of I OBONO i CITlofORONO fmk oak* Be* t*5 •Crr«»l Sij, Om th* JVortA Short of Lakt Muuutanko January 23, 1991 Sanual A. McCloud Law Office 5101 Highway 55 Minneapolis, KN 554:2 Re:Big Island Record Lot Dear Mr. McCloud: Durinq th. City', Octob«r 1990 inspection ef th, system servlnq your esbin on Blq la^snd, tbe following observations were nade: 1 A major addition to the cabin has been recently constructed. This .adlticn^did not exist “*1." seotic systeias on Bio ISisand in , m Tijafform indicate no persit was issued for this addition. ^ ? deck adjacent to the cabin a*.so appears ^ construction. 2e A massive decJc/wal 1/stairway system has t^er in the 0-75* lakeshore setback zone, ®, *" ,,tback violation of Orono’s hardcover and ^.^^070. o-dinances which have been in effect since the Again our files indicate no permits o- issued for this construction, ^he work appears to b^en Recently completed, since this lakeshore construction was not there in i985. You are hereby reouired to make the appropriate fsct «pl*«tiorfor construction of the additions to the cabin as wel? as the platform deck system abutting the cabin. Such application must be received in t.-.is office by February 15, 1991. Further, you are hereby '••‘1."^“^ Ve"°ac* z'^onS nrllter 7ha^.'^ Febr^^^^^^^ 22, 1991. optionally, by f?c? 12, 1991, you must make application for an variance for this structure. Failure to meet this deadline will result in issuance of violation citations. Both the building permit and variance applications will require submittal of a current Certificate of Survey verifying the location of structures within the property. • PUiUC WORKS - 4T3-7359 BULDING a zoning - 4T3-7357 ASSESSING administration a nSA.NCX - 4TJ-73M FAX-47WM10 Saa McCloud Re: Record X*ot #22, January 23. 1991 Page 2 of 2 4nn in attached thould you wiih to purauo a 473-7357 if you wish to discuss this natter. 0/Sincerely# . Michael P. Gaffton, Asst Planning * Zoning Administrator HPG/tln Attachments: 1. Building Permit Application 10.31. s«m. »-na ? cc:Jeanne A. Mabusth, Building s Zoning Administrat Lyle Ofsan# Senior Building Inspector Bruce Vang. Field Inspector Ton Barrett, City Attorney I L 4 cxrr QF aROlHO3 CITYof OROXO v^TT! • M QtSi On ih* .S’orth Short of lAke Minnetonka February 1?» 1391 Cartar DaX«aibtrc % Laabert « Boadar 1000 Superior Blvd Kayzata, tiN 55391 Be: Saaiual A. McCloud - Big Island Dear Mr. DeLaittre: A» «e hav. di.culled, thi. letter 1. to update you on the Incoiiplete statui of our toning file M«9. a lot line rearrangeeent lubdlvlilon requeit In 1»85 by Eugene Mellon and Jay Smedberg for Big It land Records Lots 16 and 2^. Enclosed are various items of correspondence and Planning Coffiiaission/Courcil meeting minutes from 1985. The application is requesting City approval for a split of the plrce^of land, P.I.D. #22-117.23 41 0001, adlacent to Lots 6 through 11, Morse Island Park. Apparently, in 1970, a torrens action resulted thli pS?*ri two deed^l parcel., the dlvl.lon extension of the line between Lots 8 and 9. lubdlvisTon required City approval, which had never been applied for nor granted. -recor^l^”'■‘wSl=h‘’'re°c‘ogS'hl^^ ?r.”p^et^'an“e^nli;''-n T^ln-‘d» l’'r^£cl^ -rrr.eeV.rS oV?b%" ^Iton- eS5 rnsrsnvrvei ^,pp-p;j;rEu%%”nVriVorVn"tVe%rorirsf nL reflecting the torreL action. Therefore, Nelson and not retiecting r dgg^ owner of Record Lot #16) applied iSiSSlS foS S iSV line re.rr.nge.ent/subdivl.lon for t.x purpose, to gain City approval of this split. building a ZONING - 47J'735I ASSESSING administration a finance - <73-7351 FAX-4734MI0 PL'BUC VWJRKS - 473-73S9 Carter Delaittre February 19» 1991 Page 2 of 3 In reviewing the staff s«moa and Planning Coanission/Council Minutes I think you %#ill find that Snedberg was less than cooperative in allowing the subdivision to be c<»pltted. n^her Planning Coswission nor Council objected to the division, Seedberg requested and was granted a tabling of the request for • s^onths so he could -research his option.* for use of hi. property. This attitude resulted from one Jf? subdivision resolution which would require the parcels within each individual record lot. The was tabled on March 25, 1985 and has never been rescheduled for action. Apparently, Nelson and McCloud were able to close on their transaction absent City subdivision approval, and "O"* the Involved parties have pushed for completion of this application since that tine. I .hould not. that Mr. McCloud did r.turn .n.cut.d *.uto».tie lot area ..rlanc* r.aolution. tony •’“*1 28, 1985. Because the subdivision has never been finallred, the automatic lot are. variance forms have never been finalized, which means that technically no permits can be property until a lot area variance is granted and the subdivision is resolved. My reconuaendation to you is as followsi 1. AS part of your after-the-fact variance request, you should request City approval of variance resolution, which action was stalled cut In 1985. 2. Mr. McCloud and the current owner of Record Lot 16 should jointly request reopening of the tabled subdivision application #889, to be reviewed concurrently with the variance request. For the record. Record Lot 16 also has never been granted the autcmatic lot area variance. Also, be aware that Municipal Zoning Code Section 10.31, Subdivision 6 (B) disallows issuance of buxldlng “^iVr^ the lots have been legally combined for tax P“^P®»®*! Section 10.31, Subdivision 12 iD) dwellinqs over 800 s.f. of floor area be provided with a fuiiy conforming on-site sewage , J*b “®”r*dicated after-the-fact permit for the room additions will P on these requirements being met. \i Csktt^T D«laittre l^ebruary 19» 1991 Page 3 of 3 Pleasa feel free to contact ice at 473-7357 if you wiah to discuss any of the above noted itens in further detail. Sincerely f Hichnl P. Catiiin. Asst Planning t Zoning Adninistrator MPG/tln cc: Jeanne A. Kabusth, Building & Zoning Administrator Lyle Oman, Senior Building Inspector Mark E. Bernhardson, City Administrator CITY OF ORONO City of OROIVO RESOLUTIOM Of THE CITY COUNCIL NO._ _ _ _ _ _ _ _ _ APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 22 _ PURSUANT TO ORDINANCE NO. 246, MUNICIPAL S.ON1NG CODE SECTION 10.31 BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota: FINDIRHS 1.That Samuel A. McCloud is ikkk) the owner(^)/tax- payerf^l of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: Exhibit “A" attached hereto. 2.That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has deter*" mined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 10.31 of said ordinance. 3.That all the above described property when combined as one RECORD LOT is still less than the minimum lot size required for new lots in the KS District, but that this RECORD LOT is being used and/or may be used in the future for any permitted use in the RS District without adverse affect upon public health, safety, or welfare. CONCLUSION The City Council of Orono hereby grants a lot area variance to the above described RECORD LOT based on the above findings and subject to the following conditions: 1.This RECORD LOT including all the above described property combined shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area or otherwise separated without application for and approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete "RECORD LOT" as a single unit. 2.Granting this variance means this RECORD LOT may be used for one- family seasonal recreational use witho*’t a structure; or a single new seasonal dwelling may be built; or an existing seasonal dwelling may be used, improved, added-onto or replav:ed; all without requiring further City Council review of lot size, but subject to strict ccti- pliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. r T City of OROIVO CITY RESOLUTIOM OF THE CITY COUNCIL OF ORONO NO. 3. 2; RECORD L07 NO. 22 RESOLUTION NO. this variance shall not vest any rights in the property other than as specifically provided in Ordinance No. 246, and shall not preclude a future City Council frow amending, modifying otherwise limiting development rights and/or performance standards in the RS District, 4.The uiioersigned has read arid understood the terms of this resolution and on behalf of himself, his heirs, successors and assigns, agrees that the above described property constitutes a single RECORD LOT; agrees that the RECORD LOT use may be so limited by the City? and agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the day of ATTESTS Dorothy M. Hallin, City ClerJ^'Mary C. Butler, Mayor (1) Property Owner(s)(2) STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) day of , 1985, before me, a Notary PublicOn this , within and f o^ s4id Coun/yT/persona 1 1 y appeared _____________ !:nown to me to be the perso'n(s) described in and who executed the foregoing instru ment, and ac)cnowledged that le (they) executed the same as his (t.heir) free act and deed. w \ BARRY LHOQEN NOTMV rustic — IMNMESOn I HENNEPIN COUNTV" * My CommmiQn ExpMw Mn IS. ttti J MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, mN 55323 473-7357 EXHIBIT A RESOLUTION NO. Lots 9/ 10, and 11, Morse Island Park, Hennepin County, Minnesota (Property Identification Numbers 23-117-23 32 0013, 23-117-23 32 0014, and 23-117-23 32 0015 respectively); and a parcel described as That part of Government Lot 3, Section 22, Township 117, Range 23, Hennepin County, Minnesota, lying northerly of the westerly extension of the south line of Lot 9, Morse Island Park, according to the recorded plat thereof and southerly of a line described as beginning at a point on the east line of said Government Lot 3, distant 260.00 feet south of the East 1/4 corner of said Section 22, thence southwesterly deflecting to the right 60 degrees to the shore of Lake Minnetonka, and said line there terminating, which parcel is also desc»*ibed generally as the portion of Property Identification Number 22-117-23 41 0001 lying northerly of the westerly extention of the south line of Lot 9, More* Island Park. I I Irf i ■ iff TO!Planning Commission Members Ron Mocrse, City Administrator FROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:January 13, 1993 SUBJECT:#1787 Robert Waade, 998 Wildhurst Trail Conditional Use Permit - Public Hearing Zoning District LR-IB Required area = 1 acre or 43,560 s.f. Existing = 1.56 acres or 68,336 s.f. Pertinent Ordinances Section 10.22, Subdivision 3. Conditional use permit required for non-rental/guest apartment within residence currently under construction. Section 10.22, Subdivision 2. Hardcover review. 0-75' setback area = 30,393 s.f. Existing hardcover in zone = 450 s.f. or 1.5% Proposed = 450 s.f. or 1.5% Hardcover remains unchanged 75-250' setback area * 37,943 s.f. Existing hardcover = 7,796 s.f. or 20% Proposed = 9,386 s.f. or 24.7% No hardcover variance required Section 10.03, Subdivision 14 (C). Lot coverage review. Total area = 68,335 s.f. Allowed = 10,250 s.f. or 15% Proposed = 6,900 s.f. + or - No lot coverage variance required List of Exhibits A - Application B - 1-2 Property Owners List plus Certification C - Plat Map D - Survey E - Floor Plans F - Elevation Review of Application Building permit #4416 was issued to applicant on July 22, 1992 to permit the major reconstruction of the existing residence. Portions of the comprehensive improvement included a non-rental guest apartment above the garage. The kitchen portion of che plans Zoning File #1787 January 13, 1993 Page 2 was non approved and applicant was advised of the need for a conditional use permit. It is staff's understanding that a member of Mr. Waade's immediate family will reside in the non-rental apartment. The standards for a non-rental guest apartment are very specific. Review Exhibits E and F. The primary access to the apartment must be from within the principal residence. Note primary access to residence is from a secondary door adjacent to garage structure. Review plan for first floor. The door enters into open area that leads to upper staircase. Open area also has a door to the principal structure. Review second floor plan at top of stairs. There is an entrance to a walk-in closet located within the master bedroom area of the principal structure with an entrance door to the apartment. The apartment is approximately 1,100 s.f. in area and proposes two bedrooms. The required parking can easily be satisfied with exterior parking or within garage stall. Property is served with sewer and all utilities will be metered under the meter for the principal residence. Consistent with all non-rental apartments there will be no separate address provided for the apartment use. Although not required by ordinance, it should be noted that the property does meet all required lot standards of the LR-IB Zoning District. Issues for Consideration 1.Does the access through primary structure meet the intent of the code? 2.Does the area of the structure of the apartment have any impact on your considerations? The approximate area of the finished floor area of the principal structure is 7,000+ or - s.f. Options of Action To approve as proposed or To approve subject to either revisions in floor plan for apartment or layout of access through primary structure to apartment area or • 1/1 4 Zoning File #1787 January 13, 1993 Page 3 Other or Ci'j'Y OP ORONO - GENERAL LAN;LSa USE JjPPLlCATION,I ^ ^ ^ PROPERTY LOCATION TIT* n • • r’’ ':- qRft if^LPilifg^ 11?:Site Address OCOiOO i~t ^?v l?> 0^1 vjProperty Identification Kunber (P.I.D.) 0~1 U5T > 6LCC1C I loild H uicst er5.rAres Please attach legal description to application if not included on required survey. APPLICANT Rhone (hoae) L- lOCtCifTtO_________phone (work) '4-'7SS,y3.------- City Q s-q »-vo — zip 5^5^ Name OWNER (if different than applicant) Nai?ie ________ Phone (home) Phone Address City Zip Da« rpperty Acquired "DgC ■ 19 CT_ _ _ _,- - (^onth/year) I f{i kdo not) also own the adjacent parcels of land. fees - CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP applicai^^^ft^ X $125.00 Residential accessory Use $175.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use 1350200000 01 CW 150. OC CHECK TL ISO.Oi RECElPT-THm YOU H257350 cool ROi Tl: $200.00 Land Alternticn Grading and filling - designated wetland or floodplain r*T*54Hinci And fxXXi.ncT •• XOX cii* inoir^ GradinI, seawall, retaining walls within 75- of lakeshore PPvD/PID - see fee schedule Renewal Fee - $100.00 (no change from ter-the-Fact Fee - Double Current Applxcation Fee OTHER APPLICATIONS $200.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $175.00 Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) Comprehensive Plan Amendment $100.00 Appeals Other - see fee schedule $ 75.00 $300.00 $300.00 PRESENT DSE OF PROPERTY Present Zoning District Present Use of Property J Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail: < ~\ \kj gjaywiy,_____ ^ LWlNJCb C-rrttr/og^ —rs cx^yxi^itu ua cippiT?*^ ngtc) .r^>V>~uCtu\~^ I iiWL‘’'L f*n>slVJc tnrt-i *' UIRED SUBMITTALS Completed Application Form. Certified Property Owners List of owners within 350* (you can obta this list from Hennepin County Department of Finance A-603 Governme Center 348-3271). , /.i i P / ■ ^ ^ -h- Plat Map. ‘ UOuaUPt ^ Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if lane alterations involve changes in elevation (grades). Construction plan, if applicable (see staff for requirements). r 7. ^As an addendum to this application, please attach a separate list of ^ 5^f,jJ)^\any^ other persons^ you wish notified of this application. —• HjLuJ C/rvt<3^/iUcfu>x ‘ (p. 5. 6\ vV ^f,jjr^\any other persons y jyi. >?; 1 ^ YOU ARE REQUIRED k ..unorTKir! r*ni>v TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR WORKING COPY (ll* X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please ^ remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required oi requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of^Jii^/her knowledge. Applicant*s signature Date /0-c3/ ~ OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature —________ Date jO ^ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. I ( PROPERTY OWNERS LIST FOR APPLICATION #1787 07-117-23-21 0016 Harriet Morgart 1003 Wildhurst Trail Mound, MN 55364 07-117-23 21 0013 Nancy Ferrell 1001 Wildhurst Trail Mound, MN 55364 07-117-23 21 0005 Robert Cavan 999 Wildhurst Trail Mound, MN 55364 07-117-23 21 0004 Charles i Mary Boehm 997 Wildhurst Trail Mound, MN 55364 07-117-23 21 0003 James & Barbara Olexa 995 Wildhurst Trail Mound, MN 55364 07-117-23 12 0003 DJ Hawkins & CW Larson 99"> Wildhurst Trail Mound, MN 55364 07-117 -23 12 0002 A & L Scderma 975 Wildhurst Trail Mound, MN 55364 07-117-23 24 0029 Harvey Schultz Box 282 Mound, MN 55364 07-117-23 24 0030 Michael McKenney 1045 Wildhurst Trail Mound, MN 55364 07-117-23 24 0031 O Larry Lee 1690 University Ave Suite 18C St. Paul, MN 55104 07-117-23 24 0032 Steven Sigafoos 2900 Casco Point Road Wayzata, MN 55391 07-117-23 24 0043 John & Cindy Culliton 1131 Wildhurst Trail Mound, MN 55364 07-117-23 24 0017 WS Brickley/JM Fuchs 07-117-23 24 0040 Richard Walter, Jr. 07-117-23 24 0015/16 Ole & Helen Overboe 444 0 Forest Lake Landing 4450 Forest Lake Landing 4470 Forest Lake Landing Mound, MN 55364 Mound, MN 55364 Mound, MN 55364 07-117-23 24 0042 07-117-23 24 0041 07-117-23 24 0011 Jud.scn fit Francis Rogers John fit Karen Prew Diane E. Benson 4480 Forest Lake Landing 4490 Forest Lake Landing 1080 Wildhurst Trail Mound, MN 55364 Mound, MN 55364 Mound, MN 55364 07-117-23 24 0045/46 07-117-23 13 0216/217 Robert Waade 998 Wildhurst Trail Mound, MN 55364 [ CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1787, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of January, 1993. Jamie : : ! * ■ * }<\.iil I . ’ r * •V . • 'v*' lii, ’’i» V- v •* .i • - . . •' ' Si . . • "l. *i» * • • »: ^;iv;- * ‘ ; » .. ♦*;. }t- ’ • ♦ •’ , . V; .' ^1- i * , I : ;.. t . - l »• I . H;; .• ^iv . :.i: ;.f .V. * ‘ •j- )!•(■. .'■'4- ■■i• ;V5: 4!-'- rii: * .*•:ir /* •m v: . ' ' ' A* • :. * •' ' ‘i ’’ 'br*V' . fi" * • \‘ •; ;> .s ;;i;-;i’ ■ i.i u r»*“ 5o'S?Ipst¥%|!ss^ fhtirrn5S ?4 ps - ^ 2 K Onizn Hn K s ^ f? 2 n n 2 • fr ; ■ > t • .• • “• *• f ^ • VI '!*' * K :•. M:,'I . .. o 1-/ \-3% \ \/ • ,1 !tVv;vxi’ '■’* ■ - j \ ‘ ^'Vr V To:Orono Planning Commission Members Ron Moorse, City Administrator From: Jeanne A. Mabusth, Building & Zoning Administrator Date:January 13, 1993 Subject: #1789 Libbie Hopwood, 1205 Lakeview Avenue Variances - Public Hearing Pertinent Ordinances 1. Section 10.28, S'lbd. 5 (B) 2. required for reconstruction original building envelope. - Setback and area variances of principal structure within A.Required area = 2 acres or 87,127 s.f. Existing = 21,357 s.f. or .5 acres. Variance = 65,763 s.f. or 1.5 acres B.Front street setback (Arbor Street) Former and proposed » 28' 3" (principal structure) Former deck « 23' (former northwest deck at 23' street setback required a variance of 27' or 54%, approved 9/90) Proposed eitry porch = 25+' Variance - 25' or 50% C.Side street setback Required ■ 50' Former principal structure =29.2' Proposed principal structure = 29.2' (refer to Exhibit F, note 30' setback from side street for fireplace along northeast side of structure) Variance = 20' 8” or 41.6% Section 10.03, Subd. 14 (C) - Lot coverage. (Lot is less than 1.99 acres). A.Total lot area = 21,357 s.f. Allowed » 3,204 s.f. or 15% Proposed = 1,831 s.f. or 8.5%* Note 12' X 12' accessory structure to be removed and 10' X 18' grade level deck is not included within lot coverage standards because no railing is proposed. 3. Section 10.03, Subd. 15 - Non-encroachments. A.Fireplace is considered an encroachment as it is wider thai’. 1-1/2' and is located in a substandard street yard. Zoning File January 12, 1993 Page 2 B. Grade level deck with no railings can be located 2' from any lot line. Applicant proposes 11' from the east side lot line. List o£ Exhibits A B C D E F G H I J K L Application Property Owners List Plat Map Sketch-Distance of Subject Property from Lake Minnetonka Original Site Plan Proposed Site Plan Sketch of Conforming Building Envelope Resolution No. 2871 Comprehensive I* .p.'*ovGment Plan Floor Plans Elevations Building Section-Height Determination Description o£ Request The applicant ?=#»eks approval of setback variances to allow principal structure to be r3confa.“.ructed withi’^ the former building envelope. The original structure was completely destroyed in a fire in early 1992. The structure has been completely demolished and all that remains are the original footings of the block foundation. It is the desire of the applicant to rebuild a two and one-half story residence requiring street and side setback variances. Rather than rebuilding the 8' x 40.9' street deck (refer to Exhibit E) , the applicant proposes an 8' x 13' porch entry along the southwest side of the structure. Former street deck was located 23' from the street lot line. The proposed entry porch is 25'. Review Exhibit L. The structure will meet the required 3C' maximum allowed height. The applicant proposes the removal of the 12' X 12' accessory structure to the south side of the px'operty. Lot coverage is maintained at 8.5%. It is staff's understanding that Mrs. Hopwood proposes the reconstruction of a residence for future sale. It is not the intension of applicant to reside in the proposed residence. History of the Zoning In November of 1950, the Crystal Bay Zoning District was created establishing residential and commercial areas but no lot standards were established. In September of 1955, a general zoning ordinance was passed requiring that all new lots meet the minimum Zoning File January 12, 1993 Page 3 area of 15,000 s.f. and a 100' lot width. A building permit was issued on December 1, 1956 to construct the former residence. The plat of Maxwell Bay Addition to Crystal Bay was approved August 29, 1921. Obviously there were no zoning standards at that tirae, but in 1956 the subject property would have satisfied the current zoning in effect at that time ^".5,000 s.f. area and 100' lot width). Note that a lot width variance has not been required as property is sewered and meets 80% of the required lot width of 200' at the street setback line. In the Crystal Bay area, residential lots average 0.50 acre in area and lot widths range from 50' to 100' . Hardship Statement Please review Exhibit A. Applicant notes the inability to expand lot lines or acquire additional lands. Refer to Exhibit G, the sketch that outlines the conforming building envelope. A principal structure could not be placed on the property meeting all required setbacks for the RR-IB zoning district. Applicant notes the fact that although property is one-half acre in area, it is subject to th-* two acre standards. The obvious hardship is that the structure was lost in a fire and now must be replaced. It is the desire of the applicant to make use of the existing footings so that structure can be rebuilt in the same building envelope. Isv i CITY OF ORONO - VARIANCE APPLICATION I' Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) ,4. i - J I \ J *y <r \ '.*• .• » cm OF crcno nL'Cjrc i./ww<.wVv-4-wrr*/ •?=: v PROPERTY INFORMATION Site Address /2^0^ va ec»trurr*- *n C l fc RtCEIFT-THM^Yoi''' ^260100 CQOl RO! 7l0. iZ'Ci/ Property Identif. Number (P.I.D. ) /<? ^ Z^3 Attach legal description to application if not included on required survey. Date Property Acquired ^ (month/year) I not) also own the ^jacent parcels of land. Present use of property: V residential _ _ _other(specify Zoning District;_ _ _ ___ _ _ _ _ _ _ _ _ _ APPLICANT Name / / Phone,(home) ^ 3 O- ^ ^ & O ^lOGPhone (work) Address ; 9^2 S€>U7>i ^'^^7fitY:A^C?/pJr/AJ^ Zip: 5^3^45 (if different than applicant) Phone (home) Name /T^ ^ v . Phone (work) * ~ _ DBU>B-V MtLL ^ Address: ____________po >vr> City: Zip: DESCRIPTION OP REQUEST Estimated Construction Cost $ ^ Describe request in detail: VARIANCES REQUIRED » Lot Areatr X Setback: Lot Width Front Side Hardcover __ _Lot Coverage Rear _ _ Average Lakeshore Other (specify) BARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventino compliance with Zoning Code requirements 9»,L-r PtKS TTuLy Tm ftC (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following infonnation must be submitted by the application date in order for your application to be considered conpletei 1. i/^Qompleted Application Form ^y^ertified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 3.. 4.‘ ^^^8-3271). at Map (obtained with property owners list). .Certificate of survey (signed by a licensed surveyor) to i-'clude hardcover calculations'^s' required' (provide one (1)’ copy 8%"xll" £'>r eproduction).^reproduction). 5. V Topographic -suirvey ^existing*, and" proposed elevations) if any changes ih existing grade are proposed (provide one copy 8%"xll''). l/Sk«_S)cetches or plans of floor & elevation views (provide 1 copy 8%"xll**)» , 7* \ addendum to this application^ please attach a separate list of * ^ .any other persons you wish notified of this application. 8r%1f^d^*tional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember''that your variaiice application is not complete if above information has not b<;en included. ------•—-----------------------------------------------------------.1—---------------______________________________ APPLICANT'S SIGNATURE Thi applicant he^reby agrees to,'provi«deV* al^l' 'ihf ormation 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 infonnation supplied is true and correct to the best of his/her )cnowledge. Applicant's Signature Date A 9,0 OWNERS SIGNATURE The owner hereby -acJcowledges and agrees to this application and further ■authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request^^ Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting, Planning Commxssion Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission anj Council. If an applicant is unable to attend a scheduled meeting, please maJee arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. ••''V'.. . V » . . “Av \ V n.. s(' \tv .. < . . lil*~rrr[i miii r w~"'RUM DATE 11/2A/92 BATCH 006PROP AOOR 0(«iER NAI«E TAXPAYER tUME/AODRL PROP AOOR OHtICR MA»® TAXPAYER MAtlE/AOOR PROP ADDR OHMER NAME TAXPAYER NAtlE/AODR PROP ADDR CHNER NAfC TAXPAYER NAME/ADDR A oQ HCfRIEPlM COWTY PROPERTY INTORMATION SYSTEM PROPERTY WRIERS LIST REPORT NO. P1AS5A01 PACE 1158 10-117-25 2A 001701115 •4UL0H OR S tOOO M C.ACRIELSON ET AL TCOO M 1 SUE E GABRIELSON ins HIUOH DR S lUYZATA ttri 55591 58 10-117-25 2<» 0021 0120* LAKEVIEH AV£ A L nOPHOOO A L G HOPliOOO AL L HOPMOOO 922 7TH ST 5 HOmirrS UN 553<»5 58 10-117-25 2A 0026 0Lc45 LAKtVlEN AVE B H FEIR « C G TEIK BRUCE H A CLARICE G TEIK 1265 LAKEVIEH AVE NAY2ATA m 555«I 58 10-117-25 51 0070 01215 ARDOR ST CHAUNCEY M SANCSREN ETAL C H SANOGREN 1215 ARDOR STREET HAY2ATA IW 55591 58 10-117-25 26 001901220 LAKEVIEH AVE DOUGLAS PAUL SCHNOOR A HIFE DOUGLAS A NORMA SCHNOOR 1220 LAKEVIEH AV MA^ZATA MN 55591 58 10-117-25 2601165 OROiN RO LINDA C CWtllNGS LINDA C CUIVtlNGS 11 >5 OROttI RD 3 NAYZATA rtl 555910020S 58 10-117-25 26 0022 01212 ARDOR ST J R CADY A S R CADY S R CADY A J R CADY 1212 ARDOR ST NAYZATA ft! 555«* 58 10-117-25 26 0025 01225 LAKEVIEH AVE V H ROLLiriGS ETAL VIRGIL M ROLLINGS 1225 LAKEVIEH hayzata rw 55591 i Tv, 38 10-117-25 26 0051 ones ARDOR ST S A R CARLSON STEPHEN C A RAMOI J CARLSON 1105 ARDOR ST NAYZATA fW 55591 58 10-117-25 51 0069 01250 ARDOR ST C M HARREN ALA CHARLES H A LISA 1250 ARDOR ST HAYZATA It! 55591 NARREN A HARREN TOTAL BATCH C06 00010 ■ - i I certify THAT TIE FACTS REPRESENTED ARE AN ACCURATE ANO TRUE REPRESENTATION OK INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT Of PROPERTY TAXATION, TO THE BEST OF MY KNOMLEDGE ANO BELIEF. DATE 41 b4 J ■ -J J ^v»A ‘*r ^yy^*»V-^4 a ® si -K ^ ■"JS -^ . *A '^yN Vv Kill •* • >'4V r • • * . -• n / . ;r -■.- “ % ' ; '> vxt »“ -■ •* m >iMfc^...**lV 41 ^ ^ rfl V n-trt4i,-».^ ■'«j*TTi.w.4. w-ri^«.ri »jtna>c».*»>>4*.4>.*fc rx7 ,tt 1 8 BRIA ,aBi± R ST jn-1 :<!■/ _fiai !vi;iii;i JC3 a-'*.— •m kl '• JR- ^ S - MA mmm > km)R S‘r : ''1 * ll t' .■rrsn o^OOO ' t i : 1 !•!* .‘ ■- i* 'V• %■ ' ri ■ - 4 ■ ‘ c**'- !>,• 1 '¥ *•t • 1 , • iK'i ■f‘M M i •;; ■ ■ i’l' - . *• • \V:y . ‘ ’ ' ii r CARDARELLE & ASSOCIATES. Inc. 941-3031 Land Surveyors Eden Prairie, MN 55344 Sdivey For Brit Go»tf Book Page 43 , File. a .) *i I-' / ■ 1 h«r«by certify that this is a tnio and correct reproaentation of a aurvay of the houndariee of Lots 12 and 13, block 1, MAXWELL’S ADDITION TO CUfSTAL DAT, Hennepin County, Minnesota and of the location of all buildinga thereon, and all visible encroachBenta, if any, fro« or m said land. Surveyed by ne this 26th day of August, 1992. I I 4 Prank>l^. Car^areil# State Heg. No. ^50b OieoKio Copy Certificate of Survey for A1 & Libbv Itopwood of Lots 12 and 13, lUock 1, "maxwell ’s ADDITIOf"TO CRYSTAL DAY, LAKE MINNETONKA Hennepin County, Minnesota •/ . •’ " * • V•r! Lots 12 and 13, Block 1, MAXWELL'S ADDITION TO CRYSTAL DAY, LAKE MINNETONKA. I hereby certify that this survey was prepared by mo or under my direct cupervision, and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. COFFIN & GRONDERG, INC. Mark S. Gronborg MN. Lie. No. 12755 Engineers, Land Surveyors, Planners Long Lake, Minnesota t . ia *•m i'"?] m gr-''m Scale: 1 inch ■ 30 feet Date : April 5, 1990 o ; Iro:: marker sot Bearings shown are ba'jod upon an assumed datum. CARDARELLE & ASSOCIATES. Inc. 941-3031 Land Surveyors Eden Prairie, MN 55344 C«rti£i(ate Survey For Brit oo»tf Book Pace 4^ File. o:) QO ' yy. \ ScAlti l*i-30« ODMwtM Iron Monumonta Pound 4 t Z horoby cortlfy that thl» ia a true 4ind correct representation of a aurvey of the boundaries of Ixito 12 and 13# Block 1« MAXWELL'S ADDITION TO CRfSTAL DAT| Hennepin County, Minnesota and of the location of all buildinaa thereon, and all visible encroachnenta, if any, froa or on^aaid land. Surveyed by me this 26th day of August, 1992. Caz^arelle State Reg. No* 6308 ^9 ^ f # 4 \ CITY OF ORONO "rr" a J r* . \ ' % . • *• *• - «• jAi 5721345 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _________ / A RBSOLUnOH GMMtlUG A VAKlAaCS TO MDMICZPAL tOHISG COOB SBCTIOH 10.28, SOBOIVISIOB 5 (B) riLB 1578 WBBKBAS, Al and Libbi* Bopwood (hareinaftcr "the applicants”) are owners of the property located at 1205 Lakevlew Avenue within the City of Orono (hereinafter "City”) and legally detcribad aa follows: Lots 12 and 13, Block 1, Maxwell's Addition to Crystal Bay, Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property ”); and WBBBBA8, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.26, Subdivision 5 (B) to permit the construction of a deck to be located 27 ir°m the street lot line and 23* from the side street lot line where a 50^ setback is required from both lot lines. Minnesota; «rnf, THBRBrOBB. BB IT BESOLTBO by the City Council ’of Orono, riBDlBCB 1. This application was reviewed as Zoning Pile 1578. 2. The property is located in the RR”1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 20, 1990, and on a vote of 5 to 0 recomsiended approval of the proposed variance based upon the following findings; a) The orientation of the h-'ise on this corner lot and the size of the lot are hardships to tne property which would limit construction within the area of the house proposed for the deck. b) Ko—neighboring properties construction of the proposed deck with railing and lattice work below extending to grade. Page 1 of 4 TRANSfER ENTERiO Mfr c^fscnanriuinmcafcoaK NOV 9 S80 10C MINN tfUTY * « • *. 1 .-r •«» ii V-- l<\i. 1.^ I t-’ 'j 4 ' • I City of OROINO city Of ORONO RESOLUTION Or THE CITY COUNCIL NO. ^871_ _ _ _ __ c) The proposed deck will be a rosltlve In^roveaent to the property. 4. The City Council has considered this application including the findings and racomaendatlons of the Planning Coanlsslon* reports by City staffr comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the cosnunlty. 5. The City Council finds that the conditions existing on this property are peculiar to It and do not apply generally to other property In this xcnlng district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hasard or other danger to neighboring property; would not aerely serve as a convenience to the applicant, but la necessary to alleviate a denonstrnble hardship or difficulty; la necessary to preserve a suostantlal property right of tho applicant; and would be In keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. COaCLOSZOHSf ORDBS AMD IITZOMS .'’V • # Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.23, Subdivision 5 (B) to permit the construction of an 8' x 41* deck with railings, located 27* from the north street lot line and 23' from the west street lot line where SO* setbacks are normally required, subject to the following conditions: 1. Applicant shall obtain an after-the>fact building permit prior to continuing construction of this deck. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be • xerclsed by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 10, 1991]. 3. Violation of or non-compliance with any of tho terms and conditions of this variance shall constitute a violation of the zoning code, shall autoaiatlcally terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 • '# \l LI* * • » j \ City City of ORONO Of • onoNO RESOLUTION OF THE CITY COUNCIL NO. 4. Th« undersigned applicant has read, understood and hereby agrees to the ccrms of this resolutl<^n and on behalf of hlsiself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. •..Adopted by the Orono City Council on this lOtb day of ib«r, .1990. TTTn, City^Ierk C!! STATE OF HIKVESOTA ) ) ss. COUNTY or HENNEPIN ) The foregoing instruaent was acknowledged before ae on this 10th day of September, 1990, by Jaaes R. Crat 'k t Dorothy M. Ballin, Mayor s City Clerk of the City of Orono, a Minnesota Bunlclial corporation and said instrument was executed on behalf of the City. WfRttA I-Notary Public V-^9A My Comnission Expires Page 3 of 4 4 A us2: ‘i ■* i l--------\^004r9TO^ '?LhL» a atlTUS ^ITB „• V // pt^Tfci^eo PijiB. ^«P e 6iT» PLAH - ,r'* ^olo' LffX4 It \ IKkVUi'Si!^ ApptTii>M ro dlHinAU 8»A>f \Vf-^V wl** O • I MaI*!4 FLO^P. F1-A.M - Wsl'-c?" ----------------------------------------------------------------------------- *‘'*4.. ^T-r^r^'/k v\ o p > c Y i [tWJWtJ nm nElt] MsT«l Zoning File #1790 January 11, 1993 Page 2 The sign is a standard directional type sign with a green background and white lettering. The sign shall be located 5' from side and road lot lines as required by code and will create no !3iting problems for the users of the intersection. Per the plans submitted with the application, the sign will be 1 1/2x2' measuring 3 s.f. in area. The City's ordinances do not allow directional signs of this type. Signs that advertise the various churches in the City located along the x'oadways have been grandfathered in as they have been installed prior to the City's regulations for signage. The many signs that appear around the City advertising garage sales when placed within the road right-of-ways are removed. Residents are encouraged to place these informational signs on adjacent private properties. These are temporary informational signs and are removed as soon as the garage sales are completed. Signs such as the directional sign requested in this application are rot addressed in the code and can only be allowed via appropriate variance approvals. Hardship Statement Refer to Exhibit A-1. Issues for Consideration 1.Are the hardships presented by the applicant unique - will there be similar requests if this variance is approved? 2. Is the Minnetonka Center for the Arts a unique use? 3.Should the Code be amended to allow directional signs for similar uses or i.s it appropriate to address each request through a variance review. If approved, the applicant shall be advised to obtain the necessary access easement to allow for regular maintenance of sign. The owner of the property, Keith Erickson, shall be required to execute the approval resolution. The applicant will also be responsible for obtaining a building permit. '.tt' '( CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application * M fL PROPERTY INFORMATION Site Address -040 North Shore Drive Property Identif. Number (P.I.D.) 10~ll7-25-31»0n02 Attach legal description to application if not included on required survey. Date Property Acquired_ _ _ _ _ _ _ _ _ _ _ _(month/year) •4 rTTv nr nn-nm LrA I I W'fCThSAirc fiCZTrcI .itnitcb i/I I I (do) (do not) also own the adjacent parcels of land WWV Present use of property: Zoning District:_ _ _ _ _ residential other (speciffl^^ 01 QES 175. Q( 117*r ,v. APPLICANT Neune Phone (home)_______________ Minnetonka Center For The Arts Phone (wor)c) 473-7361 RECEIf'T-JHM YOU 12/1 7/ Address: 2240 North Shore Drive city: Orono OWNER (if different than applicant) Phone (home) Name Keith R. Erickson Zip: Phone (wor)c) Zip:Address: 2040 North Shore Drive City: Orono_ _ _ _ _ DESCRIPTION OF REQUEST Estimated Construction Cost $ 100.00 Describe request in detail: Install a white on jireen directional sij:n for Minnetonka Center For ilie /u'ts (.p*-'drawing) VARIANCES REQUIRED Lot Area •• SetbaeJe: Lot Width Front Side Hardcover _ _^Lot Coverage Rear _ _ Average Lalceshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code rec—.irements:\_______ This sign will provide direction to students coming from the_ _ _ _ _ north on Countv Rd. T5 Ji i(attach additional if necessary) REQUIRED SUBMITTALS All of the following inforaation must be submitted by the application deadline date in order for your application to be considered ccnplete; 1. 2. Completed Application Form _ _^Certified Property Ovmers List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. _Plat Map (obtained with property owners list). 4. _Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8>s’*xll'' for reproduction). 5. _ _Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8‘s"xll"). 6. _S)cetches or plans of floor & elevation views (provide 1 copy 8H"xll“). 7. _^As an addendum to tnis application, please attach a separate list of any other persons you wish notified of this application. 8. __Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees -tij:pay-addi »■ nnfri. fees~(staff time not covered by original fee payment) incuireJ' in review of—this- appUjeatioa, and certifies that the information supplied is true and cori^'^c'*' to best of his/her )cnowledge. Applicant's Signature Date /2.~n-32^ OWNERS SIGNATURE f The owner, hereby ac)cowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Ovmer's Signature See attached conv Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable t*’ attend a scheduled meeting, please ma)ce arrangements to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. i RUN DATI IZ/ll/n HirtlEPIN COUNTY RROPtRTY INTOPHITION SYSTEM PRORCRTY OI#«RS LISTMTCN 001PROP ADOR ONNER NAME TAXPAYER NAHE/AOOR Sa 10-117*2? ll 0001 02010 SHOREUME OR OEORGi r ROVEGNO JR A Nlfl GEORGE r ROVEGNC 2010 SHORELINE DRIVE HAYZATA rti ssm 7 • PROP AOOR * . ONNER NAME TAXPAYER NAHE/AOOR SO 10-117-2S SI OOOA 02000 NORTH SNORE OR CAROt A LA QUEY CAROi A LA OUEY 2000 NORTH SHORE DR NAYZATA HN S5SR1 PROP AOOR OlfCR NAME TAXPAYER» '* •/ NAHE/AOOR SO 10-117-2S SI 0007 OISAO RAILROAD AVE TIMOTHY J PATTRIN SR TIMOTHY JON PATTRIN SR ISAO RAILROAD AVE CRYSTAL SAY HN 55S2S . PROP AOOR ONNER NAME * TAXPAYER NAHE/AOOR TOTAL OATCN .IT 001 00000 • . ‘ • Vp: ; • ♦ ■ A'- p w • * -X X •. » P V i ■*' T' X 4^ ^ ;•/ ^ i C-; Q - j /f - liY . *• ^ :t ■• v'.f# I-' • *|T|., -.i j; ? • ‘•‘i*. ' , L' * V ‘P • . 6 r REPORT NO. PAGE PIA35<i011sa 10-117-2S SI 0002 020A0 NORTH SHORE OR K A L ERICKSON KEITH R ERICKSONnorth shore orNAYZATA rtl 55S«1 sa X0-117-2S SI ooos0C(U»0 NORTH SHORE OR L G GODFREY A N J GODFREY LYIE G A NORtIA J GODFREY 2060 NORTH SHORE DR NAYZATA HN 55391 sa 10-117-2S SI C005 01S90 RAILROAD AVE OLAI HANSON ETAL OLAI HANSON BOX 12R CRYSTAL BAY MN 55S2S 30 10-117-23 31 OOOA 01300 RAILROAD AVE FLORENCE K GOLDEN FLORENCE K GOLDEN PO OOX 172 CRYSTAL BAY MN 55S2S % |3«nAt SB 10-117-2S SI 0006 02055 SPATES AVE MARIETTA H ANDERSON MARIETTA H ANDERSON 2055 SPATES AVE NAYZATA m 55S91 38 10-117-23 3<^ 0001 01<#25 BAY RIDGE RO ROY E AHERN ROY E AHERN 1925 BAY PIOGE RO HAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COWTY DEPARTMENT OF PROPERTY^TAXATION, TO THE BEST OF MY KNOHLEDGE AND BELIEF. / / DATE 6 , ' t tF> .m* '** 1 ^ ■k-n •. n ■ r t. V/ '• ■ *;(«* I A , _i “ ■ I ~^'^'t • >-<Mjl) j 64)iflir nr(69)a™,“JE Tw ” (3 ) 5_ {22) ’ (30) «/ o* ^■.0 1 rarinti* ^ (25 liJiis '*/')*• i* s “ |g_(ca)M/ (26) 1^ l?7-J4v- ••/ 7" •»;14 90 A*’ f(l6)8 y/ »0 (100) «o<• 93 '.vE (15) (97) 1 '! (55) 8 1i » 1 (47) *(49)'i4«)' __R m •Mm m * a V * ‘ M 1 *o V n * ^ ^-----«4_ m• m \ ?< ’ N fO (40)-^ SE C0«Nt4 » v*CAI£9 . /TY f .//f'/jj/r .K, \ •C''. '.. 5a,.' . ' 1 TO!Orono Planning Commission Members Ron Moorse, City Administrator From: Date: Stephen Weckman, On-Site Systems Manager January 13, 1993 Stibject: #1791 Blake Bichanich, 332 Westlake Street Variance - Public Hearing Zoning District: LR-IA, Lakeshore Residential, 2 acre minimum Pertinent Ordinance Section 10.23, Subd. 6 (B) - Side yard setback. Existing Proposed South side lot line 12.7' 12.7' North side lot line 20.1' 20.1' List of Exhibits A - B - C - D - E - F - G - H - I - J - Application Property Owners List Plat Map Existing Survey Survey with Proposed Addition Proposed Floor Plan - Lower Level Proposed Floor Plan - Main Level West Elevation East Elevation Variance Request Description o£ Request The applicant requests approval of side lot line variances in order to construct additions to an existing residence. Two adjacent parcels, 324 and 332 Westlake Street, are owned by the applicant who would like to combine the lots and construct an addition which would combine two existing residences to form a single dwelling. The proposed remodel of the house to the south includes a front porch addition of approximately 50 square feet within the substandard side yard setback. The addition of a basement is proposed on the north house which currently has a crawl space only. The proposed basement will result in no additional hardcover in the setback area. A tower is also proposed which would attach the two structures. The tower would not encroach into the setback areas and meets the 30' height limitation. L Zoning File #1791 January 13, 1993 Page 2 The proposed renovation would result in the following: Approximately 50 square feet of hardcover would be added within the side yard setback area. The maximum encroachment into the side yard setbacks will remain the same. The hardcover, including all proposed changes, is well below the required percentages with the exception in the 0-75' zone which has one existing shed covering approximately 67 s.f. Lot coverage for the combined parcel is at approximately 2%. Due to the anticipated combination of these parcels, the applicant has already been assessed for one sewer unit. Hardship Statement The applicant's hardship is the long and narrow nature of the lots. The combination of these two lots will result in a 100,28' lot width while the zoning district requires a minimum of 200' . Due to the 30' side yard setbacks, the allowable building envelope is very restrictive at 40' wide. The proposed changes result in no further encroachment into the side yard setback area, as well as the fact that most of the addition would uieet the 30' side yard setback. The changes add only slightly to the lot coverage in the setback area and should not be a significant detriment compared to the benefit of combining the parcels and renovating the residence. Isv i I t t 1 it 11 CITY OP ORONO - VARIANCE APPLICATION • ^ Initial Application Fee $175.00 ($50.00 per each additional varianc Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200,00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 34^*^ ^ 33^ Vs/. _ _ _ _ _ _ 05- 117* tl ZS <50* \ Property Identif. Number (P.I.D.) o s** (T^\z. Attach legal description to application if not ^ V • CITY OF aw FI WE OFFICE 1 7>r,A9,-)f1.WV Jk V/VV WrrwVA cult rurrv r?wiiccA II. RECEIPT-THA^K ii t^26!610 COOi ROl i ■» / •? f7^=r .•A I w* • V i 7^A I w* • X included on required Date Property Acquired (raonth/year) I (do)(do not) also own the adjacent parcels of land. Present use of property; X residential _ _other(specify) Zoning District; ?^‘^DgAlT/AL-_ _ _ _ APPLICANT Neune &>UA^<4C *^iCH A>KyiC44 Address ; *2>‘5Z i^uOL. Phone (home ) ______ Phone (wor)c) ^A'L^\0U>O City; L~cn J(c > Zip;_^_5[3Sj^. OWNER (if different than applicant)Phone (home) Name Phone (work) Address;City;Zip; DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request in detail; r^E.fs6fi\PT*<Ofv] VARIANCES REQUIRED Lot Area A-ot Width Setback;Front X Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HAROSHIP/DBSCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements;_ _ _ _ _ ^££ AtT£>.^^ DEb6PIPT/gy^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (attach additional sheets if necessary) REQUIRED SUBMITTALS following infonaation must be submitt€*d by the application deadline date in order for your application to be considered complete: _ _Completed Application Form - -Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). _ _Plat Map (obtained with property owners list). _ _Certificate of survey (signed by a licensed surveyor) to Include hardcover calculations as required (provide one (1) copy 8%"xll" for reproduction). - -Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll*'), _ _Sketches or plans of floor & elevation views (provide 1 copy 8>j"xll'*).7^ n- — -....- - — -- - - - - --- - - - - Ps an addendum to this application^ please attach a separate list of any other person-, you wish notified of this application. 8-_ _Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete If the i-P^ormatlon has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature aa A^^_ _ _ _ Date / ^//9 OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature /)^_ _ _ _ _ Date Applicant must have all submittals into the City offices 25 days before the Pisuning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. ' - JI DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. ?, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential inforiration. •You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some informatiojx may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is requ:^'red to process this application or permit. % • First Middle Last Address LX city lYUO state Zip Phone X underst nd my rights as stated above. _ _ _ _ _ _ _ _ « k 1 l-SJICjVH?. aL:UL4TiCfl HOHKS:-^ s=T3Ac:< -:ns : (ct-.ci- c;is> 0-75’ E;:s7:.':g :5as :c :v £?. im Zins 250-500' 500-1000' ^ f 1 «W 33Z U>.WMt£: •324 u. LAidC. ToiACR. LikjK 3• Ga RA oc c. Driveway 0. Sioewal ;< £. Patio / Decx IStivay VtCJ<6 4- F. landscape AREAS underlain 3Y . . PLASTIC SHEETING G. CrHER X WA.LW ^ ’ Total Karecsver in Zone Total pRCPERr^ Area in Zcne ^ X _ LENGTH X a WIDTH a X a X a iSCa X • X a X a looa V a X ■^^>4___ X..................—...................................... 9 ” V a • X •M^:l5 X a • X ( X • < y * • < c.::w • t • S t r • S.F, SIF • • F ( S • F • S.F* S.F. S.F. S.F, S.F «• *•S • r • S • r S • r • ^ ^3* ^5* S*?i *1 ■Z~n0.fs> S.r. \ 1500 S.r b A I Z7I0-CO ^-T I7j X ICO n\.z \ - •• r> 1; ISP/ADG Architecture • Engine«=^ring • Intenors • Planning • Design Energy Consultation • Construction Management • Design Build Denver. CO Ouluih. MN Minneapolis. MN Rochester. MN Rapid City. SO SkXiX Falls. SO Gillette. WY Sherioan. WY August 22, 1989 T9 / ■:a . f I*: Mr. Blake Bichanich 332 Westlake Street Long Lake, MN 55356 Re:Bichanich Residence 332 Westlake Street Long Lake, Minnesota At your request, I have reviewed the plans of your proposed addition in the City of Orono specifying the beams, headers, etc. I also reviewed the adequacy of the existing foundation and foundation wall. The existing 12” concrete block wall and footing are of adequate size and strength to support the additional load of your proposed addition. If you have any further questions, please feel free to call. Sincerely, An Ecuai Gp^of.i.r.:ry A.'frrratrve Action Employer 7301 Ohms Lane, Suite 480. Minneapolis. MN 55435 (612) 830-(X)70 FAX #: (612) 83(M507 RUN OATI IZ/lB/nMTCH 003RROP ADDR OHNER NAME TAXPAYER NAME/ADOR PROP AOOR OlflER NATIE TAXPAYER NAME/AODR PROP AOOR ONNER NAtlE TAXPAYER NAtlE/ADOR PROP ADDR OHT^R NAME TAXPAYER NAE€/AD0R PROP AOOR ONNER NAME TAXPAYER NAME/AODR t. tIEftICPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LISTsa 0S-117-2S 23 oooa05865 BAYSIDE RD DAK DIANIS DAVID DIANIS 579 N E PLANTATim RO lAlON STUART FL 5A966 38 05-117-23 23 0011 0032A HESTLAKE ST C E MIUER ETAl BLAKE M BICHANICH 326 HESTLAKE ST LONG LAKE MN 5SSS6 38 05-117-23 23 0016 00368 HESTLAKE ST R B MARSH A P A MARSH RODERIC B MARSH A PATRICIA A MARSH 368 HESTLAKE ST LONG LAKE tl SS356 38 05-117-23 23 0021 00309 HESTLAKE ST G S PERL A B J PERL GREGG S A BETTE J PERL 309 H LAKE ST LOfJG LAKE MN 55356 38 05-117-23 23 0026 00361 HESTLAKE ST I E A M K BERGSAGEL IRVIN E BERGSAGEL PO BOX 169 HAYZATA MN 55391 38 05-117-23 23 0009038^5 BAYSIDE RO C J r^ZZENGA A E K MEZZENGA CMRISTOPHER/EUGENIA MEZZENGA 3895 BAYSIDE ROAD LONG LAKE MN 55356 38 05-117-23 23 0012 00332 HESTLAKE ST r E LONRY ETAL BLAKE M BICHANICH 332 HESTLAKE ST LONG LAKE MT4 55356 38 05-117-23 23 0015 00356 HESTLAKE ST E C ANDERSON ETAL EOliARD ANDERSON 356 HESTLAKE ST LONG LAKE M4 55356 38 05-117-23 23 0022 00325 HESTLAKE ST I E A M K BERGSAGEL IRVIN E BERGSAGEL PO BOX 169 HAYZATA MN 55391 38 05-117-23 23 0025 00369 HESTLAKE ST E T ANDERSON AML RICKETT EDNA T ANDERSON 369 H LAKE ST LONG LAKE MN 55356 REPORT NO. PI635601 PAGE 7 ' 1 • * «38 05-117-23 23 001000038 ADDRESS UNASSIGNEO DAK DIANIS DAVID DIANIS 5 T9 HE PLANTATION RD i6im STUART FL 36996 ; . . * ^ 38 05-117-23 23 0013 00360 I4ESUAKE ST C STENDERSON A C HARRER CARL STENDERSON 3112 HOOOLAHN AVE MAYZA1A rt4 55391 38 05-117-23 23 0016 00366 HESTLAKE ST HALLACE H PAASCH H H PAASCH 366 ICIEST LAKE ST L(»1G LAKE MN 55356 Q3 (i ^ 38 05-117-23 23 0023 00038 ADDRESS UNASSIGNED 1 E A M K BERGSAGEL IRVIN E BERGSAGEL PO DOX 169 HAYZATA MN 55591 =tis TOTAL BATCH 003 00016 % ‘ . > -•-91 kdrrr.n-.M Wi V 1^ ■k"“I T-T TT—rYrfMftl • RUM DATE 12/ie/f2 * BATCH DOS > • • * 1^^ ||C2S /. .-.' I •*. ■. 'V' HEMIEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY (MCRS LIST REPORT NO. PIA35A01 PAGE B• rI f •i •' ■ ' I • * :*'kt .. '■rf ’*' <» \\ .» .1 . « . r • ■■* «j* •» I » I %* »• • It » „ I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT, OF PROPERTJf TAXATIONt TO TH&iDEST OF HY KNOHLEOGE AND BELIEF f-’. OAT i . t » « ‘J . ♦ • . • , V j *. ‘t > 4f J 4 #•• •* • w » I V J t . / p» • F ’ ' 1 J• » * . 4'I. .::y- *• « ♦ ■ '■ ^ .• j * H ' * »* i i .. ^ ' I 's' ; •. vV • » ' . . . 4 ' • *■r • 4• V .1- t-’ ' S • ‘ *■ ‘ /♦ • • • * %m' i 'A • • • t f 4 . i 35 S h) 9y5 \ r 1 A" 5 /'2Z \^ jz y^J- OUKJ‘ A • r V /■v^y y 105) •' y (35) .n-v % 6J C 7 1 t ^ 1 \i9\X % '* Tt ( ' IS)'ir 5- 17 V >% \»5 li ;13 ® \ \ 14« C3 ^ \%%^ \ V ; 45? N ; 1 1 ) : rf 1 .‘/B . ^f ? ^ •,*'(22) 1 1 •(2-0 ^\B ' *i 3.5 J 6 S 5^Is ' 375 ~r ‘0(26) : ^ \ f S .wiT^ IB (29) P N 16 « ^ TTIT ^ *5(27) R N sr.oi : 'B' 1 (533 ^^ ■ ^co^ 7 •» '6' < ; 3 , 291 529 ‘3 : ■*1 P' n? 4 ■ IS HI 51 9C J «----------------- J « V V.?’»‘ . '■■■■’ 1 :s^ 87 B (14) 7 1 5'4 r 3» rI ee R___(15) 8 1 , B 3C5 7 § ? • 60 / B (17) '0 4M 1 » /\ 71.61n (16) 463.6 7.-' // '48/ A ^ Mfi...... 445 7* B ;. .i j JT'*4v-. V • % ■M^.'.'rf' , ■■ «'> * »fi f..v '2^7 ."■■lii I'- ■n • • I’ ^ • I • ji7•r>** Ml10 . (H5) :4 n « 10 9 9 7 (ne) '5 / t3 tfclDFVPb ^ • ^ r 6 ■ 5 ^\9&5 fc£R\kV >H030^ •<iUV*; • • - V • ’l!) /* • . •Sirs k I-'* ' ‘. '• •«• > ij ■ *.••*C •• . •. 3- !‘'4'vV . r n! '. i •. • . '■ ‘S-(•• .• ;'rl;-'..* i’ uyJ>yU2UBBaCBkU S29.9a (M') Ip ll\l )Shed \ ^5 “5 51 n 0 J ^0.3^----- •^1 0^! »V0 L^'/c/./a. —;wi 9(6.S e-5 St RtTAIMINS INALL ' (jjire =-.Fencc^ 7.Ct <u :?2jr Sim 0 •«m /2.5 II:----1 •Old porch Founcdo h/oD !?X V/^4 J ^0' 3.® *•%»< (* * -• 1 . PIW. I *«» >» vd S29.90 fM") ^ *^zT7n ,. ft) ■RETAININa \NALC uJire =.FcncC Old porch "fourydo i-/ort //24.3 ^0' •^yo •• ». •,v r * X 70*7 r yh Xii /0/./e»--------- 9^.5 £ir'‘Vi i ^ m 8f^ 54 i — i—I .TTiif ir rmiiliiTi»iiiiiit I ~ii n iiin i 11 i inin r ri iiii ii r r . © ^ > •»- - V. W^".?»» * i ?. t *V * ' ^ 0 C f Q^- ^— p\ LOV/ER LEVEL PLAN scale V4*«r-<r = k- :.|i;■:-•• ^ • ■••;: : fv*#' • :•• •• . i »• T» ’ • I • •» • ■ • • • a* 0 MAIN LEVEL PLAN ■ST - ■ ./ SCALE t/4’«r-0* 1 V V / \ \ 1 m H-h Ml 1 11 0 ' 1 0 © f1 • l )• 1 --------=i; ____________L L r , ' 1 •I "T T 1 ' : : ■ 1 1 • ( •. • i!-T-^----^ : • 1 ‘ ------------------- i r. ^::—I. ^ I ' • ■f^V ---------------------------------- . .1 I ♦ ^ ^ j : y^— •^w'sIfKfX • •• • w 9 » ^ • ■»• • t• • • t ■ l/l'ESr BL£lATnyO ifm $<*•••<f • ‘ . • •' *f• V ., • ^ I p »! !l !i r li 0 0 ■r 0 ------- ...+j_ 1 i +!» -rs -.-sr- .T-r— —•*-n 1 0 ! 1 i i : { 1 1« M - M«»-a •• • .. /• ^.. *■ .* s »«■ V.^RIA^^:£ '=>£OUc?T I own tw adjacent pieces cf crccertv (22U &. 322 Lake £t.) with existin-j houses on each. Ore serves as cur primarv residence and the ether as our Quest house and seasonal storage area. Mv intent, if I receive this variaroe as requested, is to legally centrine the two prcee-^ties end then to connect the existing structures with an addition. Existing setbacks are ^2.Vfeet cn the south side and 20.1 feet cn the north sice. I do need chance these setDacks as all of the work falls between the^e existing conditions. ”ln fact, once the lots are corrbined, rncst of the addition will Rset the 30' sidevard setback of the newer ordinances parsed since the original st.^uctures were built. The hardship I face is that the lots are very narrow and the new sidevard setback'"requirernents of 3C' irake it ircossible to build upon them, i.e. a 50' lot with 30* sidevard setback leaves a negative 10* for construction. £v ccnoininc the properties I create a 100' wide lot. but the 30' setbacks sp« st'll excessive ac"* the existing houses still do net comclv. » a.-, th-refore askinc for a sidevard setback variance tc leave the setbacks as they presently exist, which tset the reouirernents at the tine the houses were buiIt. Thank veu for vcur help in this natter. tlake Bichanich oE/hks rk ^ L. TO:Planning Commission Members Ron Moor&e, Cicy Administrator FKON: DATE: Jeanne A. Mabusth, Building & Zoning Administrater January 12, 1993 SUBJECT: #1792 Donald R. Gronberg, 110 Leaf Street Variances - Public Hearing Pertinent Ordinances Section 10.03, Subdivision 6 (Al). Property is sewered, lot width need only meet 80% of the required width standard. Required * 144' or 80% Existing » 180' Section 10.28, Subdivision 5 (B). Lot area variance. Required ■ 87.120 s.f. or 2 acres Gross area » 42,390 s.f. or .97 acres Total area exclusive of pond and dry buildable area to east cf pond - 34,890 s.f. or .8 acres Net area exclusive of road right-of-way at a 25' width - 30,390 s.f. or .69 acres Net area exclusive of right-of-way at 30' ■ 29,490 s.f. or .68 acres Section 1C.56, Subdivision 16 (C). Shoreland protected tributary for sewered property. Required ■ 75' Proposed • 50' Variance • 25' or 33.3% setback from Section 10.56, Subdivision 16 (L 1 & 2). Hardcover variances. A. 0-75' setback area • 16,200 s.f. Allowed ■ 0 s.f. Proposed ■ 1,402 s.f. or 8.65% B.75-250' setback area Allowed - 3,548 s.f. or 25% Proposed * 3,542 s.f. or 24.96% (14,190 s.f. total area with right-of-way at 25%) Allowed - 3,323 s.f. or 25% proposed “ 3,462 s.f. or 26% (Total area 13,290 s.f. with right-of-way at 30') Section 10.03, Subdivision 14 (C). Lot coverage (Based on 29,490 s.f. with right-of-way at 30'). Allowed = 4,424 s.f. or 15% Proposed ■ 3,734 s.f. or 12.6% % Zoning File #1792 January 12, 1993 Page 2 List of Exhibits A - Application B - Applicant's Addendum C - Property Owner's List D - Plat Map E - Survey/Proposed Site Plan F - Building Envelope Prior to Shoreland Regulations G - Cygnet Place/Leaf Street Neighborhood H - Neighbor's Acknowledgment Forms and Approval Letters I - Hardcover Fact Sheets J - Building Envelope Per Shoreland Regulations K - Elevation L - Resolution Approving Sewer to the Property (Resolution #3198) History of Property The lot was created in March of 1950 with the approval of RLS No. 744. The lot at that time met the 25,000 s.f. area and 120' lot width standards. The lot became substandard in 1959. The area standard was increased tc 1 acre. Similar sized lots in the area were allowed to be built on without variances until 1975 when the area was rezoned to 2 acres. Two undeveloped lots were developed since 1975. Both were aranted variances to rural standards. The property at 190 Cygnet Place at .65 acres was approved in 1977 and the property at 20 Cycmet Place at 1.37 acres was approved in 1908. Refer to Exhibit G. 'Of the total developed 24 lots, the average lot sirs is 1.02 acres and range in size from 0.60 acres to 2.15 acres. Description of Request The subject property was included within the recent Stubbs Bay Sewer project and hc.s been assessed a single sewer unit. The applicant now seeks cn area variance, a setback variance from the protected tributary aid hardcover variance within the 0-75' setback area to construct the; prorosed residence. Prior to the Shoreland Reg-alations, the setback from the tributary would have beer: 26' . Review Exhibit F, the building envelope defined at a 25 setback from the tributary' and a 25' road dedication defines an adequate building envelope for residential development. With ;he new Shoreland Regulations, the building envelope shown in Exhibit J is severely impacted. 'Ihe Public Works Director has asked fcr a 3J' dedication for Leaf Street. If the 30' easement as approved, applicant would also be seeking a street setback variance. Zoning ='ile #1792 January 12, 1993 I age 3 The applicant's addendum. Exhibit B, notes that the existing homes to the north and south of the subject property are located at approximately the same street setback. Gronberg also notes that the existing structures appear to be 50+ or from the edge of the protected tributary. These setbacks were conforming prior to the ShIreland Regulation. The DNR has advised that they would not need to review the proposed setback variance a.s the property is sewered and the DNR setback standard is 50' for all structures from a protected tributary. Issues for Consideration A. B. C. r D. E. %-l Refer to Exhibit J, Can a residence be constructed on the property meeting all required setbacks - note size of residence structures on adjacent lots? What is the impact of precedent setting as it relates to variance to a new ordinance? The proposed structure appears to be twice the size of the hom.es on the adjacent lots in the immediate neighL 'rhood - should applicant be asked to reduce size of structure? Note there is no lot coverage variances required with the most restrictive lot area at 29,490 s.f. Structural coverage is shown at 12.6%. Refer to Section 11.33, Subdivision 4. Typical sections for City roads. The right-of-way requested per ordinance for both private and public streets is 50' . Plat map shows Leaf Street at a 66' total width. The City now asks for 30'. What do you recommend to the Council? The survey shows existing homes on adjacent lota meeting a 50+ or -' setback from adjacent tributaries. Survey of the developed homes adjacent to the tributary show the following setbacks: 65 Cygnet built in 1973 is 110' 105 Cygnet built in 1959 is 75' 135 Cygnet built in 1972 is 70' 145 Cygnet built in 1967 is 100' 185 Cygnet built in 1964 is 80' 253 Cygnet built in 1968 is 75' 261 Cygnet built in 1960 is 100' 200 Leaf Street built in 1958 is 45' 180 Leaf S'l.reet built in 1987 is 53' 140 Leaf Street built in 1959 is 50' 80 Leaf Street built prior to 1959 iiiiiijiMiiMi m- ^. ff city of ORONO - VARIAHCB L‘ ‘ ' : .j£C ^ .. -- ; IT a<^ Initial Application Fee $175.00Tfy^ jiS-:i*vFiHX^ICE Ct-FICE (S50.00 per each additional vlrlance>-^ 1250:COOOO ^ Renewal Variance Fee $100.00 ltt!i ^n^chanae from original application) 0£CK Tl 225.^ variance for non conforming use $200.00 After-the-Fact Fees (Double _______ "'\2Mj9 fbopbrtt imfotiiatioii Site Address //<^ ^sr/eer- - - - - --- - Property Identif. Number (P.I.D.) Attach legal description to application if not includ^ “ (month/year) ?*Mof^^al.o the >^\-2sT2J2ilV"‘ o't“h«(.p.=ify)-Jif£fi^^---------Present use of property: - -resxaenti« - - Zoning District - - - - -—_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone (home) ^7-^~^ — APPLICAHT Name >e. - - - - - Phone (work- - - - - Address: ^Sr ~~ omnst (if different than applicant) Phone (home) ——— _ _ _ Phone (work)_ _ _ _ ___ _ Name - - - - --- - - - - - - - - - -—- -- _ _ City:___ _ _ _ _ _ _ _.Zip*.- - - - - -Address:_ _ _ ___ _ _ _ _—___ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ r»;im;t;d construction Cost - - - Describe request in detail. ^ JL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _—- - - -- - - - - - -- — VARIAHCBS RBQOIRZD w Tnt- Width Hardcover _ _^Lot CoverageX Lot Area Lot Widtn - - « - - ^ Rear Average LakeshoreX Setback: _ _ Front - - Siae - - - - • other (specify)____- --- - - - - - - - - --- - - - - - - - - - - - - COHDITIOHS ,-i rtp-aot-ical difficulty and unusual property Describe undue hardsh p ^aith Zoning Code requirements:conditions preventing compliance r0fjU€f^‘SfrdAfttf f\ t ~ AA( Mf r/^e I . I I ,r '1 rrr 1---r .- ^ - rr ^rr. REQDIRED SUBHITTALS additional sheets if necessary) ^dllL d^e applicati^. oi^jrour apDjj,cation to hm oonaldered conDleteg ------- 1. 2.Completed Application Form li« fr^HenneX^o “t*y Depa^ent o“m" —348-3271), ^ iJepartment of Finance A-603 Govt Center ^-----ca®Jii"f? property owners list). ■— .rdcover'Valcuirt” V surveyor) to Include reproduction). ^ ^ (provide one (1) copy 8>j"xll" for l:"?*?."tin; ;r:L'^re’‘pr»:iea’’?or""°^d°”" .levations) it any changes 6. _S)cetches or plans of f f, 7. _As an addendSs to this aroiioatlor ?" (provide 1 copy 8i,-xll>). any other persons yt*wi?h of 8. The Applicant and Property Owner remember that your varlanr** application. Please t .r,et caplet, 1, the at- - APPLICAHT'S signatdre r^Vsfed^7Vhe^%”ngL\7nV,tr:to ‘;'°^ Information required or time not covered Sy 0*1,17.7 fee ^aes (staff incurred in review of thls^ applicatlOT ^n7 consultant expenses supplied is true and correct 7o the 7e7t 7f%rs7he77nollVd7e':" information Applicant's Signature .76^/J^—ifl/ Date / !>-> .3 / 2- OirnSRS SIGHATORB (y Iutho77«s7e7stLbl7eitry7nt7''the^"®® •PP“«'=i°n and further agents. Commission members and Councl7°^*7^ City staff, consultants, tlon and verifloatir^ tMs request investlga- "0^tWci Date 12 -.:ii - pf«nrnrcZLs!7 Seetrng"’"7ra7m7‘°co™i'^7^third Monday of each mon\h mi 1 ^ Commission Meetings are held on the S2n: rs" 'r“"“an Zoning 1'^,: ■ ■ ■ ^ ------- •• • January 6, 1*?92 OaM C 19» Orono Planning Commission & Council City of Orono P.O. Box 66 Crystal Bay. MN S5323 Dear Members: 1 have owned this lot for 34 years and wish to construct a house on it. Prior to the new shoreland regulations of a year ago the setback from the pond was 26 feet and there was adequate room to build. This lot was not originally designed with a 7b foot setback in mind. Due to the meandering creek the 7b foot setback can not be met. The proposed setbacks as shown on the site plan are comparable to the adjoining structures. One could question whether the setback should even be measured from the edge of the pond since the homeowners are responsible for the existence and maintenance of the dam and the centerline of the original creek is much farther away. I have looked at moving closer to Leaf Street but in prior meetings with the council a 25 foot road easement was agreed upon since no road easement presently exists. This already brings me 0 feet closer than in other places on Leaf Street which have a 33 foot easement. Even though Leaf Street is being reconstructed to its original narrow width at this time, there is a good possibility that it could be widened in the future causing the house to be even closer to the road. Concerning drainage and runoff into the pond, there is less direct runoff from the proposed house since more runoff would be running west first and taking a longer route through grass areas to eventually reach the creek. Also, the area in front of the dam is a very large sediment basin anyway. This proposed house fits in well with the existing contours so that very little grading outside of the foundation is necessary. The adjoining lots have garage and sheds much closer to the pond than this proposal and the setbacks being proposed are certainly well in line with the neighborhood considering the unique topographic features and creek location on this lot. Sincerely, Donald R. Gronberg iUN »ATt l2/M/n •ATCM 001 HOWEFIM COUNTY FROPCRTY INFOiOanON SYSttM FBOPERTY 0»OCRS LIST*•#FROF AOOi OMNCR NAME TAXPAYER NAME/AOOR 30 '^-117-23 n 0003 031FS\ MATEJtfolOI RO T C RITTER^ R S RITTER TMQNAS cVrALLI S RITTER 3195 lUpfRTl^ RO LQNB URE nK 5535* .»■ flop ADM ttfCII NAHC TAXPAYfR NAHE/ADM SS D4-117-2S ZZ OOIAO UAF ST D 0 ENALT a i J EHALT MIAN 0 a BAASARA J EHAiT IvO LEAF ST lONB LARI m 55354 A : ONNER NAME TAXPAYER ’ >NANE/AOOfI M 04-117-21 22 0010 OOlOS CYONET Pi 0 J ElULT ETAL OREOOIIY J EHALT 105 CYGNET PLACE LONG LAKE HN 55354 < PROP ADM ;; ONNER NAME 10 x04-117-ri 22 0017 cygnet PL ^'TAXPAYER . NANE/AOM ♦ ^ I M " ANI L yiTFO PLACE 55354 ■» ■■ »■ *>; ONNER NAME ':' TAXPAYER NAHE/ADDR 0 . f 30 05-117-23 11 0005 00095 LEIF ST e C 6RAIMH JR ETAL E C GRAHAM JR 95 LEAF ST LONG LAKE HN 5S35A ‘'•V'r % h’ . i *•* • ♦• ^ 4 r ..’m J* ' ' ■ ■ • « . .» 1- ... *4,' r •; ;;• V. .■ ■ • •:% • ® ‘■M'i . h . (< * ' »' rT* . f * • * % * A ■ '5 *^ i V.^j U . « • f..' • • J . Y r. -*♦ . I • 30 09-117-23 22 000900000 LEAF ST SHIRLEY NALL SHIRLEY A HALL 80 LEAF ST LONG LAKE m 55150 30 09-117 .3 22 0008 00095 CYGNET PL DIANE L KOEPRE OlANE L ROCPRE 95 CYGNET PLACE LONG LAKE tM 55359 30 09^117-23 2^0011 C0135 ^GNEVFL H R ANOE^SOK A E E MORIARTY N R ANOER^I^ A E E MORIARTY 135 CY( LONG LAICE M4 \ 55359 TOTAL BATCH 001 00013 ,, .-KM.- r REPORT NO. PI935901 PAGE 158 09-117-23 22 0005 00110 LEAF ST 0 R GRONBERG ETAL D R GRONBERG 95 MIU0I4 DRIVE NO LONG LAKE MN 55559 58 09-117-23 22 0009 00085 CYGNET PL 6 J EHALT ETAL GREGORY J EHALT 105 CYI^ST PLACE LONG LAKE 7M 55559 J9-117-23 22 0019 Cy^T PL 58 00090' DAM ^RIER JR DONALOX MARGARET CURRIER JR60 cygne\ place LONG LakeXFM 55559 Wssarli ..•. A# • • - j 58 09-117-23 22 0025 00180 LEAF ST • 38 C9-117-.2i^ 22 0029 00200 \ LMF ST P H NOVCY a T G HEALEY ROBERT N HOVEY L R 8ELUMY ACM BELLAMY LOUIS R'A COLLEN C BELLAMY \ THOMAS 6 HEALEY 200 LEAF St 180 t. AF ST LONG LAKE hH 55359 ;LONG LAKE MN 55354 • 9 Iw :4 N • t RUN OATI izrikm MTCN 001% • V t’ ' 0 . ..1* ♦ftt •li.jmHiPlH COUNTY OmOCRTY INFORNATION SYSTtH PROPERTY (MCn LISTv; • • • % « % .-4' ^ I* 4 * • « 4 I * . t VI*. 7* ft .1r..; \V- ft. I < !- J;^ % li ' * * ■ >• % •% ■ 1.r I :li:v I ^ ‘ ' J -i . ' ^ , - . V.. * * ■ •* ••• ' .-■,'I't . - : > ■■ ? ti. - > . .. •: >' « ►V I* ;.4 y . 4 : V i “ *4 ‘.4*. ’ Y: • i '• iI'*!• • I- .'jft:*;. ^ • ^0 >» • ,t '1 A ‘ ■ . ♦ r :• V J* V'kI' 4'’Vt ij'fc'yv ' -.IJ 0 • !■••. •• «P •■ •; . I ‘ K-‘ * i ■ r *1 V 1/ •• 1 ••• 'W . ; ■ .;v,; ^ ;rr; • \/\(hJf'r ' ‘ I *\‘ -1 ::p; ■ "'f•• •«^ ■ • r .V» 1 .py:; ■:p.'• 1 Y ‘O ' - 4 •• *• ••■•• } V." , ^ ■ V fi !•! ’4 . ?-1 i:: m.- I 1 f :■ V I . • ‘Y* •. . r */ «• P * - ♦’ -1 .. K - V'. rV 'v - i » ri*'-' Rrrarr m. Pi4s^i I CfUTIFY THAT THC FACTS fl€RRES€NT£D ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS or THE HE^tlEPIN COitITY DEPARTNENT OF PROPERTY TAXATION* TO THE REST OF HY RNONLED^ AND RELIEF. DATE BY f^mUd) i.Y* • • :xi / k I R < i-N b \\ • ‘ yy * »7 i ^ i 14L 1 i IBMiSdiUNlI y * I •MS S4017S 146171 r f s* i . ’ ■i Certificate of Survev for Donald \l, Cronl:)cr<t of Tract n, R.L.S. No. 744 Ilonneoin County» Minnesota t ^ ’ ' / III" /I/ ' ' ' ' 'HiJtL _/-----^ / / /// I J ^// ^ isrji 0M 0ri*r*»i I / t ft / ____•/ 'flf Existing Legal Description Tract B, Registered Land Survirv Mo. 744 , files of Ucjnistiar of I’itlcis, County of Hennepin. This survey shows the location of the boundaries and topograj^l^y of the above described f>roperty. Tt does not purport to r;how any Other improvements or encroachments. o ; Iron marker --75— ; Existing contour (ff.t) : r.xisting elevation Datum: Asfuimed ComN & Gronberg, Inc. r ■ I a. . ,-f 4s2 f.im.ir.uk AvffUH » LtK\>; Liky. M\ 5r>tV> [f • Mi^73-IL41 ■■T-'iT'-r I hereby certify that llus sur\*ey was prefnireJ by me or uiuler my direct super vision, and that I am a duly re^^istered Civil injbneer and Land Surveyor under the laws of the Stale of Minnesota. ^___________________________ Maik S. Gronberg Minnesota L’cense Number 12755 IMTU i The undersigned has looked at the site plan regarding the proposed variances for Donald Gronbero to construct a house on Tract Reg istered Land Survey No. 744, and has no objection to what he is proposing. /^ r ^ame^Address Date mm mm Adjacent Property Owners* Acknowledgcaent Form I (ve) ^ ^ - ^^ of / ^ ^ V<fT/c-/ [print nanieCs)][print address] have reviewed the plana for the proposed inproveaent or proposed use of the property located at / fr / >t4p <~T_ _ _ _ _ _ also referred to as Land Use Application No. t l97. . I (we) understand that in executing this acknowledgementr I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. I (we) [print name(s}][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ' also referred to as Land Use Application No. _ _ _. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare-approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the Improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of thi. Land use Application, pl.aa. aubnit your eoi^ent. to tha Building a Jonlng Office at least 10 days prior to ths scheduled oaetlng data. i [ h: I m kf s If The undersigned has looked at the site plan regarding the proposed variances for Donald Gronbero to construct a house on Tract B, Reg istered Land Survey No. 744, and has no objection to what he is proposing /yj 51 Address L/ZJ^S Date .Ml 'MiM 1 I (we) Adjacent Property Owners’ AcJcnowledgearcnt Fona m? Lt^r 3 I (print name(s)](print address] have reviewed the plans for the pro£psed inprovement or proposed use of the property located at ///' / g /_ _ _ _ _ also referred to as Land Use Application No. ♦ I (we) understand that in executing this acknowledgement, I (we) am (are) not aslced to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) an (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. Property owner ///A ? Date Property Owner Date t*******iteit« I (we) (print name(s)](print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _ _ _ _ _also referred to as Land Use Application No, _ _ _. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare-approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the H The undersigned has looked at the site plan regarding the proposed variances for Donald Gronbera to construct a house on Tract B, i^eg istered Land Survey No. 744, and has no objection to what he is proposing. , ^ ' <T. Bo ) Name Address Date M ^ " • H i mb Adjacent Property Ovmers* Acknowledgement Form / 1 , 4 I A .4 I (we)t • * f / (print name(s)](print address] have reviewed the plans for the proposed improvement or proposed use of the property located at / ^ ^ /_ _ _ _ also referred to as Land Use Application No. j I (we) understand that in executing this acknowledgement# I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that 1 (we) an (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Ownet Date ij V / 4gJ ^J A Cf Property Owner Date I (we) (print name(s)](print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________________________ also referred to as Land Use Application No. _ _ _. I (we) understand that in executing this acknowledgement* I (we) ami (are* not asked to declare~upproval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property owner Date l£ you have any information that may assist the City In the review of this Land Use Application* please submit your comments to the Building a Zoning Office at least 10 days prior to the scheduled meeting date. If The undersigned has looked at the site plan regarding the proposed variances for Donald Gronberq to construct a house on Tract B, Reg istered Land Surv^ey No. 744 , and has no objection to what he is proposing. 1 r Address C Date Adjacent Property Owners* Aclcnowlcdgeacnt Fona 2 (w«) C C {print nar.e(s)l L^J^’ -i — , [print address] have reviewed the plans for the proposed inproveaent or proposed use of the property located at trr _________ also referred to as Land Use Application No. • I (we) understand that in executing this acknowledgement, I (we) an (are) not asked to deolare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) an (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date / //‘>/‘'3 Date I (we) (print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at_________________________also referred to as Land Use Application No. _____• I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare “approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building 6 Zoning Office at least 10 days prior to the scheduled meeting date. k ' C444/dfAC HARDCOVER CALCULATION HORKSKEET SETBACK zorJE; (circle cme) 75-25Q* 250-5C0 5C0-10CO £MiSTi?<g-Hardcover ih Zcne A* • » House • * . A m ^92 S.F. LENGTH ••• • X WIDTH • • • • •S.F. •• . X • • S.F.•• •• X • • xs • , S.F. • ^oetH X • /7€S.F. 3. Garage X • •• • S.F. c. I • « » *»• • Hri'/fway • X ••m • S.F, X . m • s !p. • Di ! • fJinFVAir. •X •>« •• S.F. •X § .• • S.F. •. • • • - X • • ✓ S.F. E.^ATIO/ Deck Ji 41 rit • • . X • • • O . •• 9SC S.F. e.1ANnsrAPF /V V X €•• • S1F • AREAS UNOERLAIM nv X • m •• S.F. PLASTIC-.......... SHEETING « • • • • X • S.F. • • X • ••• S.F. • ^ «. G. Other • X •m • S.F.• m • Total H ardcover in Zone Total Property Area m Zone S.F. /fcV / - Yi i T :j 5 \ /y<pz ~B X 100 - •rr . • • ♦. ^^T4C LOT’ — ^2j3^C SO.^T’, E/i/P" j;g. •_•. A Jfi #jjf. /r/; 40€a fi/*tT O it Om*0 ■: '9*f.990fSO.OT. . • « ,,...•• • • ^P jujU^ CKOiJS(<C /7- iP SETBACK ZONE: (CIRCLE OME) Q-75' ^5^^ Karcccver in zone ^ 250-500' 500-•ICGO*> A.House . x JZ m • 9ro S.P. LENGTH • • WIDTH / ^ X 22 m 3SZ S.F. ..X 2Z m 79Z S.F. r Zt9z • • •• _ •fIZ IP •• Y ,zz m //S.F. j/ /SOQ • X m •hi S.F. Q. ... J2 V Garage . 2 x 2Y 2Z r w S.F^' Z/Z c. • • • #r* • D riveway x •YJ/O S.F. X • # , S.F. • • % • •• A • • 0.. 1 w Sidewalk ; x • /ao S.F, • • c • »s^ . X • •S.F. /Y5**t^n(-n€ X ______ m Z q . . y S.F. • • • • • • S 0 E.?ATI0/ .......... D eck X •• m »<» *• • •S • F • % # '•*> • • • f-Lampscape ’ X • • S.F. M AREAS LNOERLAIM BY . X • • • , S.F. • • I PLASTIC-.........SHEETING - • ... X • • •. • . • S.F. N • X • . • S.F. • • -. - - - - -. . . m c. Other ' . x •S.F. ♦ • , • • • » • Total Hardcover in •. Zone -S.F.T • Total Property Area m Zone /r. Y90 S.F.B » dfJS r *9509 j7y^ j!.[T] X 100 - “ ^*950 0 ' o> /O jH9r9*cr 20CJ5.fr. 05 T :z T =. 2v.')f r. ., rent, tor ; ^ey>g ~ Z3,7aa =/^yttO ttumst . • • •• • • #«•• »*w •• • • • • Cortif’cate of Snrvov for Donald R. Gronberg of Tract B, R.r.-.S. Mo. 7^4 Hennenin County, Minnesota // //cojf SS.00 ~ , i\ (^.4} •I .'S-t• V I i( ' I t ' I III I ) > I / I I :i> D ' > : '; ''.'v / ) \ Jas '' > /!1,6 z' / / 0 MI. 00 20S.00 Existinn LogaT Doseription Tract B, Registered Land Survey No. 744, fil«s of Rogistrar of Titles, County of Ilunnepin. SC €^1 r/a/L/S /) ir^AASf Siool r /OJ.S S) Sjt'irA/ s /af.2 Jj 2iOutCST s 9S. 2 o : Iron piarker ; Kxistlnq contour —527— : Proposed contour ^4,2} • Exiotiiiq elevation {^1\ : Prone sod elevation n^^tujn:- Assiuff^d- - Coffin k Gronberg, Inc.I hereby certify that this sur\'cy was prepared by me or under my direct super vision, and that 1 am a duly registered Civil Engineer and Land Surveyor under the laws of the Stale of Minnesota. M\ " Mark S. Gronberg Minnesota License Number i2755 DATE SCALE /'"z 7o' JO* \o es-//f Miirs • r H ■t rM $I <r^ I 'n X <4 •I 7^ Coffin & Gronberg, Inc. .. \1\ ''V^' I hereby certify Ih t this survey was prepared by me c^r under my direct super vision, and that I am a duly registered Civi! Engineer and Land Surveyor under the laws of the State of Minnesota. Mark S. Gronbe'g Minnesota License Number 12755 DATE SCAI i; /j." : / ' (OllN’O Vr I CoiFiN & Gronberg, Inc. - . f I ' ■ I V '' \!i I '• •'I'll '' ! . I 1 • ' » \ ( MII • i 11^; I It I \l\ ' ' ‘’’H' <• ; r ^ l it I hereby ce^ti^y Ihtil this survey was prepared by me or under my direct super vision, and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. Mark S. Gronberg Minnesota License Number 12755 jouNo •41170 7^ ConiN & Gronberg, Inc.I hereby certify that this sur\*ey was prepared by me or under my direct super vision, and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. U.i • i j iV. M\ I. * • *! * Mark S. Gronberg Minnesota License Number 12755 j DATt /-S-9j SCAI.F /> “ / jon \o 9Z-53^. •am K rv I 1 i. Coffin & Gronbfrg, Inc.1 hereby certify that this survey was prepared by me or under my direct super vision, and that 1 am a duly registered Civil Engineer and Land Sur\’cyor under the laws of the State of Minnesota. Mark S. Gronberg Minnesota License Number 12755 * t _____ / U CITYof ORONO RESOLUTION OF THE CITY COUNCIL 3198NO A ABSOLOTICMI TO AMBHD THE STUBBS BAY SAHITART SEWER ASSBSSMBHT ROLL - SB)UCT10N OP PRIBCIPAL AMOUNT OF ASSESSMENT FOR DONALD GRONBERG PROPERTY LOCATED ON LEAP STREET NHEREASr on July 27, 1992 the Qjrono City Council adopted Resolution No. 3145 to adopt the Stubbs Bay sanitary sewer assessment roll; and WHEREAS, Donald K. Gronberg is owner of the parcel of land legally described as Tract B, Registered Land Survey No. 744, Piles of Registrar of Titles, Hennepin County, Minnesota (hereinafter the property); and WBEREAS, the assessment roll adopted in Resolution No. 3145 sets the principal amount of the assessment for the property at $18,880.00; and WHEREAS, the property owner appealed the amount of the assessment; and WHEREAS, the Orono City Council reviewed the merits cf the assessment appeal and agreed to reduce the principal amount of the assessment from $18,880.00 to $11,400.00 based on one or more of the following findings of fact: 1.The property is a vacant lot containing approximately 0.66 contiguous dry burldable land exclusive of roadways and pond areas. 2.The lot was created as part of RLS No, 744 in March 1958, and met the 25,000 8.f./120* area in width standards then in effect. Page 1 of 4 A •/ CITY of OROXO resolution of the city council NO. 3198 3. 4. 5. €. i 7. 8. m 9. 10. City Ordinance No. 22, adopted 10/12/59, established a ainioum building lot size of 1 acre and 140* minimum width at the building line. That code allowed the City Council to grant variances for substandard lots in single separate o%mership. The property continued its status as a substandard lot with the 1967 rezoning to R-IC, 1 acre single family residential. The lot became even more substandard when the area was rezoned to RR-IB in 1975, requiring 2 acres and 200* width. Environment regulations have gradually reduced the potential buildable area of the lot. Ordinance No. 63 in April 1964 excluded wetlands from the dry buildable area calculation. Ordinance No. 179, adopted in September 1975, required a 26* structure setback from the pond. The Shoreland Regulations adopted in 1992 required a 75* structural setback from the pond if the lot is sewered, 100* if it is not sewered. Septic system requirements through the years have become increasingly strict. Until the City Council adopted the Shoreland Regulations in February 1992, a house could have been constructed on the property meeting all state septic system design and setback requirements and would have met all Orono zoning code requirements except the lot area and width reauirements. Prior to 1975, substandard lots of similar size and character were granted building permits for construction of single family residences without the need for variances in the Cygnet/Leaf neighborhood in which the property is located. Lot area and width variances were granted for similarly situated lots in the Cygnet/Leaf neighborhood after the 1975 rezonlng to 2 acre lot standards. Page 2 of 4 J * • » • i; i. CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 3198 11.Prior to adoption of the assessment roll, the City Council directed that all vacant lots less than 2 acres in area be assessed the full unit amount rather than having said assessment reduced as was done for developed lots in the neighborhood, on the basis that the value of vacant substandards lots increases substantially more than that of developed lots as a result of the sewer project. 12.The property has been in single separate ownership of the current owner since 1959. 13.It is highly likely that the lot area and width variances to construct a residence on the property would have been granted prior to the adoption of new Shoreland Regulations in February 1992. 14.The assessment of a full unit principal amount of $18,880.00 for the property would be an unfair burden to the proper y owner on the basis that as a lot in single separate o%mership it likely would have been allowed to be developed with a single family residence as recently as six months prior to adopti-b of the assessment: roll, and nn benefit to the property is no greater than the $11,400.00 benefit to other developed lots in the neighborhood. VOVIf THBRBFORB, BB IT RESOLVED that the Stubbs Bay sanitary sewer assessment roll adopted per Resolution ^ amended to revi^^e 'he principal assessment amount for the property from $18,880.00 tc $11,400.00. Adopted by the City Council this 9th day of November, 1992. 6 llin,'City Clerk Barbara A. Peterson, Mayor Page 3 of 4 iiiiillmiil isiShnSllltiiiiiMlIiii alLsi. * o m CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3198 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrxunent was acknowledged before me on this 9th day of Novemberr 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. SSOOT. HENNEPIN COUNTY My commisiion expires P r Page 4 of 4 H 7. To;Orono Planning Commission Members Ron Moorse, City Administrator From: Jeanne A. flabusth. Building Si Zoning Administrator Date:January 14, ISirB Subject: #1793 T^m Johnson, 727 Ferndale Road North Conditional Use Permit/Variance - Public Hearing Pertinent Ordinances 1. Section 10.03, Subd. 19/20 - Conditional use permit required for the excavation of a pond which shall exceed the movement of 100 cubic yards of fill. 2. Section 10.55, Subd. 25 - Variance. A variance is required because the proposed land alteration is located within a protected area. 3. Section 10.55, Subd. 25 (A) - Necessary findings. 3. Section 10.55, Subd. 25 (A) (6) - One of the necessarv findings to be made in the approval of a variance to the wetland ordinance: would approval of variance be "inconsistent with the objectives of encouraging land uses compatible with the preservation of natural land forms, vegetation, marshes and wetlands." 4. Section 10.55 - Definitions. Definition 14 - Wetlands or marshlands. Definition 15 - Wetlands, vegetation types. Definition 16 - Wetlands, soil types. List of Exhibits A - Application B - Consultant's Addendum C - Plat Map D - Property Owners E - Inspection Notice F - Building Permit for Land Alteration Involving Swale G - Section 10.41, Subd. 3 (A) and (B) H - Engineer's Report 1/11/93 I - Flowage and Conservation Easement - Laurent Addition J - Aerial Map Section - 2' Contours - Defines Drainageway K-1 Gaffron Memo 3/24/bi K-2 Sketch of Lowland Area 1981 L-1 Weckman Memo 1/12/93 L-2 Weckman Sketch M - Survey of Property N - Cross Profile of Pond O - Topog»'aphy-Proposed/Existing P - Site Plan Q - Landscape Plan Zoning File #1793 January 14, 1993 Page 2 Description of Request Review Exhibits B and P. The applicint proposes the installation of a retention pond, portions of which would be located within a protected wetland area. The purpose of the pond is to alleviate potential flooding of the basement areas of the residences located at 627 (applicant's residence) and 629 North Ferndale. At the time of the 1981 subdivision of the property, the wetland was not included within the City's wetland inventory. After staff's inspection of the property in 1981, it was determined that there was a need to protect the area, not only for drainage purposes but that the area also functioned as a wetland (probably Type 2, Fresh Meadow). A flowage and conservation easement was taken over the area. Types 1, 2, 6, 7 and 8 are not protected by the Department of Natural Resources. Ary alterations proposed of these wetlands require approval from the Army Corps of Engineers. Under the Interim Ordinance of the National Wetlands Conservation Act (effective until 7/93), no filling can take place within protected area unless there is a compensatory excavation in the immediate watershed. Sometime in mid-October, staff discovered applicant's contractor in the process of excavating within the lower portion of the property. At that first inspection, the staff person had not realized that the southern portions of the property were a protected area. The project was stopped because there -^as no record of permit issued for the alteration. The contract.-'- #-l- xsed staff that a pond was proposed to provide positive drainage away from the adjacent foundations and, in addition, a swale was to be installed to channel drainage from Lydiard Road. Applicant's consultant reports (Exhibit B) that since the homes were built, the road has been recontoured and paved allowing excessive amounts of water to run between these properties. Review Exhibit P. Note the location of the swale. Staff allowed a land alteration permit to be issued to install the swale as long as the swale did not encroach within 26' of the designated wetland area. Review Exhibits E and F. Staff person inspected the site and staked the 26' setback and a permit was issued. The land disturbed within the original unimproved excavations was restored and hay bales placed over the undisturbed area. The snow now covers the area and the neighborhood deer have been enjoying the hay. Bruce Vang of the Building Department, the first one to inspect the unapproved land alterations, has advised that the majority of cuts into the wetland were not deep and that when they were replaced, the original vegetation would return next spring. There was only one area Vang advises where there was about a 6' wide excavation into the wetland to determine the sub-layers. "The area was small, he advised there would be no need for any special replanting. ’■ 'iff irifTi^ mrrm mnwgi ■ i <to A. • Ato. iW g-W _J Zoning File #1793 January 14, 1993 Page 3 In a recent inspection of the site with the City Engineer, staff noted draintile dayiighting co the south side of the Feig property (629). It would appear drainage tile has already been installed draining southward to the low area. Staff did not observe drainage tiles coming from the Johnson residence. Staff CooB&ants Please review the City Engineer's report and the Weckman report. Exhibits H and L-l/L-2. Gustafson notes that the pond in not necessary to provide flooding relief from the basement areas of the two residences as there is already a 4' drop from the basement level to the outlet at the southwest end of the property. Review Exhibit O. As already noted, the existing drainage tile drains to the south as well as the swale that has been installed that provides protection to the mound system on the property at 629 North Ferndale. Weckman'8 memo advises that tae portion of the pond that expands outside of the drainage easement cannot be allowed because of the impact on the only suitable area for future septic improvements. He requests that if thu pond is to be installed that pond must only be installed within the protected drainage easement area. Gustafson's memo goes or to discuss the possible benefits of a pond such as the rechar7® the aquifer and a sediment control or trap within the comprehensive drainage system. This specific drainage area is part of an extensive wetland area beginning at the west side of North Ferndale and eventually, as it leaves the subject property, draining from the ditch area into a network of wetlands that finally drains into Lydiard Lake. The proposed open water would function as a seciment trap. As for the claim of a recharge of the aquifer, the limited size of the pond will have a minimal impact on the aquifer. The Army Corps of Engineers has been asked to comment on this application. Joe Yantas reports that because of the size of the proposed pond and the distance from Lake Minnetonka and any other large body of water that the application would fall under the National Permitting Program as pond is less than 10,000 s.f. in area. Mike Panzer of the Wench and Associates, the consultants for the Minnehaha Creek Watershed District, advises that such an applxcation would more than likely be approved because of the limited size, the benefits to wxldlife, water quality, location of pond within major drainageway and possible benefits from the recharge of the aquifer. Zoning File #179J January 14, 1993 Page 4 Staff has referenced specific section of both the loning and subdivision regulations that deal with wetlands. Orono's code holds that wetlands shall remain in their natural state. The code provides little direction or standards for the alteration of wetlands. It was the intent and desire of the City to keep wetlands and adjacent areas in their original or natural state. The code does not encourage the makeover into finely manicured, formal lawns. One thing is clear in tha National Wetlands Conservation Act, and that is that there shall be no filling within a defined wetland area. Applicants cannot place any of the spoils within the protected area nor is there room for berms on the severely restricted residential lots because of the need to preserve future on-site septic area. If a pond is approved, all spoils would have to be removed from the site. The City of Minnetonka has just completed a comprehensive amendment to their wetland ordinances governing maintenance of wetlands. The ordinamce provides standards for environmentally acceptable alterations of wetland areas. The City has asked for a copy of the ordinance and hopefully will be available for our meeting. Staff has received several calls from adjacent neighbors. The neighbors all concur that they are completely against the installation of the pond and want the area to remain in its natural state and all disturbed areas to be restored. Issues for Consideration A. The Engineer has confirmed that the pond is not necessary to solve basement flooding problems of applicant and neighbor. The On-site Septic Manager has confirmed that there is no other suitable land outside of the easement area to install a pond. Do the findings of consultants and other agencies have any bearing on your decision making? B. What changes or additions would make the application more acceptable? - disregarding, of course, the fact that applicant proceeded with the alterations with the full knowledge that the actions were in violation of the Flcwage and Conservation Easement filed in the Chain of Title. C. Would you approve a smaller open water area within the wetland as long as original vegetation of a fresh meadow is restored around the pond and all spoils removed from site? Hardship Statement Applicant has not provided a hardship statement. The consultant's addendum deals with the surface runoff from the road 1 Zoning File #1793 January 14, 1993 Page 5 and the need to protect basements from flooding. Road drainage has been addressed with the swale and drainage tiles outletting to the south can prevent flooding of basement. Mr. Johnson has not provided any information as to why he has violated conditions of the Conservation and Flowage Easement over the wetland. Options of Action To approve as proposed; To approve as amended, limiting size and location of pond and adjacent areas to remain in original, natural state; To table providing the Planning Commission additional time to explore other codes and to determine if these are sound environmental practices and alterations that would benefit the various types of wetlands; i To deny, based on the finding that applicant has not provided suitable or acceptable hardships for the variance required to alter lands within a natural wetland area. lev 'ITOPERTY UKUNO - GriNERAL LAKD VSH APJi'LI CATl 0(4 .. ^ -- - - - - --- - - - - - - - - - - - - - - - - -" - S .!--••• •#LOCATaOM iO(4 .. -r**>v «• w. Site Address A Ve>2 FernJnlo Property Identification Nunber (P,I,D.) 36 -118-2?1 10029 tf = 7^0/ Please attach legal description to application if not included on required survey. APPLICANT . . . - . , Name Otten Bros Nursery • Phone Phone (hone) (work) ^-3-54:S Address 2350 f. hayiata HlvJ.City Oror.o ZId 53356 OWnDt (if different than applicant) Name Tin Jolmson Phone (home) 473-2502 Phone Address f>27 N. Ferndale Hoad . City Orono Zip 55391 Date Property Acquired Mav I98t>(nonth/year) I (do) ^foonotT^also own the adjacent parcels of lands FEES - COHDITIOHAL USB PERMITS - S 50.00 For each variance request with CUP application , $125.00 Residential accessory Use $175.00 Institutional (church» school» etc.) $150.00 Guest House/Guest Apartments ; . _ _ _ _ $150.00 Duplex Credit/Bldg _ $250.00 Commercial/Industrial Use $200.00 Land AlterationX ORONO 'FIRAiiE OFFICE 11^'Fi *yV*a Wk/w^\/vvvv 01 OEH 200.00 CHECK TL 200.00 X Grading and filling - designated wetland or Grading and filling ~ 101 cu. yd. or more ♦-./nf/p Grading, seawall, retaining walls within 75* of lakeshortaf PRD/PID - see fee schedule Renewal Fee $100.00 (no change from original application) After-the-Fact Fee - Double Current Application Fee OTE R APPLICATIONS $200.00 $250.00 $175.00 $ 75.00 $300.00 $300.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) Comprehensive Plan Amendment Appeals Other - see fee schedule J JfRBSEHT USE OF PROPERTY Present Zoning District Present Use of Property X Residential Other (specify) OESCRIPTIOM OP REQUEST Describe request In detail: area in bacVyard to create a water ^ a t c r p r o b 1 c ^ i ii I o v» c r “** levels of hor!t.-s . R] 1. 2. 3. 4. 5. 6. 7. riRBD SUBMITTALS Coapleted Application Fom. Certified Propecty Owners List of owners within 350' (you can obta this list front Hennepin County Department of Finance A-603 Governme Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan» if applicable (see staff for requirements). As an addendum to this application^ please attach a separate list of any other persona you wish notified of this application. YOU ARB REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A NORKIEG COPY (11* X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staffs______________ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required ox requested by .the Zoning Administrator* agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application* and certifies that a information supplied is true and correct to the best of his/her )cnowledg.t. Date / OMIBRS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff* consultants* agents* commission members* and Council members for purposes of investigation and verification of this request. Owner's signature Date ^plicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting* please make arrangements to have an authorized agent attend in your place and advise the Building 6 Zoning Office of this change prior to the meeting. - ............--------------------------------------------------------------------------■- Bros NURSERY a LANOSCARtNG “(ATR 35 5TARS OF QrALITY SER\’ICE » .-7^ • Deceiimr 21, 19^: • r o <r% - «■ w GBlffiHAl DISCRimOl or PIJOJICT: Ife BT0 proposing to build • water retention pond iii the lower portion of the property. All excavated soil will be left on site and used to create beraa aa indicated on plans. Soil will be excavated with a backhoe and trading will be done with a»ll grading equipaent to ainiaize disturbance of surrounding area. We believe this holding area is necessary to help alleviate flooding problcaa in hones of 627 N. Femoale and 629 N. Femdale. Since these hones »#ere built the nain road has been recontoured and paved allowing an excessive aaount of water to run ‘between these properties. Therefore, these properties would benefit froa the extra holding capacity of a deeper wetland and reduce the aaount of erosion on the properties to the west. The original intent of this area was to be drainage easeswnt and «#e will keep it that way as well as creating a proposed wetland to enhance wildlife and be aesthetically pleasing to all property owners. I have talked to people at the DNR and Hennepin Co. Watershed District and they had no probles with the proposed project. The DNR said It was not classified aa a wetland and any improvoDent to the low area would be a plus for wildlife. We do plan to restore the entire area back to native grass and wood land plantings. Kerle Friesen Landscape Designer MF:Jk 2350 W. WAYZAIA BLM). • PO. BOX 249 • LONG LAKE. MN 55356 • (612) 473-5425 • FAX f (612) 473-7232 s—UN MTt 11/21/^2IBATCIi 005PROr AODK OWCi NAME TAXf>AYCR taMC/iUMMI MOO AOOII OltlER NAf< TAXPAYER NAME/AD OR MOO AOM C»«CR NAME TAXPAYER NAME/Aee« PROP ADDR OMNER NAME TAXPAYER NAME/ADOR IPROP AOOR OHNER NATC TAXPAYER NAME/AOOR PROP AOOR OMIER NArC TAXPAYER NAME/AOOR HtJMtPlH COUNTY PROPERTY INIORMATION SYSTEM PROPtRtY OMNERS LIST5ft SA>110-25 U 0002 00056 AOORESS UTUSSIGNEO ft N LOVE ATM LOSl DONALD N A TERI H LOVE 21PA7 RAfeLA VISTA MALIBU CA R02AS 56 5A-U6-25 11 0007 00S6S rCRTSALE RO N DANIEL 0 OAmuSON ETAL DANIEL 0 DANIELSON 565 NORTH FEPNOALC RO HAYZATA rtl 55SY1 3ft 54>llft-25 11 0011 00045 rCRNOALE RO N RICHARD E STRAND ETAL RICHARD E A JOAN M STRA»RJI P«5 N fCRNDALE RO HAYZATA MN 555*1 5ft 5A>lia-Z5 11 OOIA 00775 FERNOALE RO N ft A A K .J ERICKSCM ftRAOLEY A A KAREN J ERICKSON 775 FERNOALE RO N HAYZATA Ttl 555*1 5» 50-116-25 11 001* 00056 ADDRESS UNASSIC^iED ft A A K J ERICKStRl ftRAOLEY A A KARtN J ERICKSON 775 FERNOALE RO N HAYZATA 555*1 3ft 34-116-25 11 0024 00745 FERNOALE RO N E F JR A J C KArtI ERVIN F JR A JENNY C %km 745 NORTH FERNOALE RO HAYZATA m 555*1 38 54-116-25 11 000500445 FERNOALE RO N r 6 DASTIAEMS/L M 6AST1AENS FRANCISCUS C OASTlAEt&425 FER»«OALE RO N HAYZATA >04 555*1 56 54-116-23 II 000* 00455 FERNOALE RO N L JACOBSON A V A 0‘NCtll LARRY JACOCSCN VICTORIA A O'NEILL 455 FERNOALE RO N ORONO t04 555*1 5ft 54-llft-25 11 0013 00056 AOORESS UNASSIGNEO P A A PARKER PAUL L PARKER 785 N FERNOALE RO HAYZATA r04 555*1 38 54-116-25 11 0017 00715 FEID40ALE RO N RICHARD J LYMAN PICHARO J LYMAN 715 NO FERNOALE RO HAYZATA T*4 555*1 56 54-116-25 11 0020 00058 APCRESS UNASSIGNEO P H :?VRE A V L 80VKE PAUL N BOYRI 7*5 NO FERNOALE OR HAYZATA 1*4 555*1 58 54-118-25 11 002* 00427 FERNOALE RO N T 0 J0W&O4 ABO JOIffCON TIMOTHY 0 JOIRJ30N 427 FERNOALE RO N HAYZATA TP4 555*1 report f40. fXiliAOlPlOfi 956 54-116-25 11C04Q5 FCRNDALE RD N MAZFL P ftOMEM HAZEL P B**«N K05 FCRNDALE RO M IttYZAT* MN 555*1 56 54-116-23 11 OOlOi 00445 FERNDAIC RO N RICHARD C STRAND ETAL RICHARO E A JOAN M STRAND 445 TO FCRTOALC RO HAYZATA f«4 555*1 J J 58 54-116-25 11 0014 00745 FERNOALE RO N S V A R SHANEOLIHG STANLEY V SHAtCOLlNO 745 TIO FERT40ALE RO HAYZATA T*4 555*1 J 58 54-118-23 11 0018 00056 APBRESS UNASS10€D ALLCGRA H PARKER ALLCC-RA M PARKER 765 N FERNDAIC RO HAYZATA MN 555*1 #• p •I * 58 54-118-25 11 0021 00425 FERNOALE RO N FRANCISCU3 6 BASTIAENS FRANCISCUS 6 BAST1ACT43 425 NORTH FCRNDALE RO HAYZATA TM 555*1 • I J 56 54-116-25 11 0051 0042* FERNOALE RO N J R THOMAS ANA THOMAS JOSEPH R A NANCY A THOTUS 42* FERNOALE RO N HAYZATA MN 555*1 «»• T ■I ... ••• • • '' J 1 HUM OATt IZ/Zl/^Z BATCH 005MOT WOO OHNCO HAHi TAXPAYtt MATtE/ADOfl Poor AOOO Om» HAHi TAXOAYCO NAK/A0DO 0000 AOOO CNNiO HAHi TAXPAYiO HAI€/A000 # pV BtJftPiN couMTT nmnnrr xtroearioN s?stihrilOrCRfV 0»t«ltS LISTM M-lia-?5 0001 00575 rcnOALC so M Q t J VARS CARY L A JUDITH C VARS 575 rCRNDALt RD N HAYZATA m 55IY1 5« S4-118-2S lA 00D7 00517 FCRNDAIT RO N H 6 JOHNSON ETAL N OlENOON J0>t4S0M 517 riRNOAU RO N HAYZATA r*4 SS3«1 TOTAL UTCN S03 OOOZA fc ' ■ ** A- . . • A RERORT HO. RIA55A01 PUX A58 3A-118-ZS lA 000200575 rCRNDAU RO N G t J VARS CARY I A JUOTTH Q VARS 575 rCRNDALE 80 N HAYZATA »0t 555«1 58 5A-118-25 lA 0005005<5 rCRNOALE RO N r H OONALDC>ON IT Al T H A R C DONALOSON 555 riRHOAlE RO N HAYZATA T#l 555 Y1 58 5A-118-25 lA 0000 OOSIA FCRfCALE RO M tOHARO H A HARLYS A COHEN EONARD N A HARLYS*A CCWEN 51A H TERNOAIE RO HAYZATA m 553«1 50 5A-118-25 lA OOOA 00585 rCRNOAiE RO N OANICL 0 OAHIEISON ETAL DANIEL 0 DAT4ULS0N ;585 NORTH TERNOALE RO HAYZATA MN 555Y1 I CLRTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOHLEOGE AND BELIEF. DATE ia|3P|wt>» ^ Atflu % 'y^¥>K] ■CD * . V 40 ♦ 4 f I ♦ j j • J J •« “J J - I ( « 5 • r -so/ • 4• • O' i \ * - . • • * • • w--‘- v^*: - '’'i- ■■ f-'-iT -■- P^- . * •.-^»» «» * *> ... .• •'.f'• • •• •-* * . ' • • •■ . .• . •* - •^. • . »• '* • • '*• • . • •k , ‘ ^ - . *5, • ^ ^ • • • • • . - <*• -. • •:;-^ .V ■*• V. ^ • •' ^ • , * V -• . ■- ..*». •• •'. *: ** * .•>• • -* * -• *0 V' . : %'n •' • *•• •' • - . • • 1*. wi . ,1*' Avt-«.55r3««?^ ’ • .' * '• ^ • *. ' • • •. ‘‘. ■ V--.-, •••*•.• ,9 w ^ • 5** 'w -• ^«. •'■* • p'* *•••* • •••*.•■..• p,,w . • '• • ;•. • ..•:** - • DATE Time CALLED »N SCHEDLILEO COMPLETE 0 CITY OF ORONO inspection notice ADDRESS OWNER - —___________—-----CONTR.----- ~3^ -IPrSiS TELEPHONE NO. Up O Ui description ___^ ot foormo 02 rnAmNG 03 IHSUtATlOIS 04 mu. BO 05 FINAL 07 DEMO-SITE 07 DEMO-final 09 FUJMBTNG Rl 10 PLUMBiNG FINAL I/Mhrj) Ih3>. «i kjcn-tAMirAi M f11 MECHANICAL « ^ ^9 WELL TEST PUMP 11 MECHANICAL final IS EXCAV^RADINGFILLING :4.;?5 WOOD BURNER FIREPLACE 19 LAKESHCRLWETLANOS I OWNEfUCONTRACTOR TO MEET YOU: ir WATER MOCK UP 13 METER SET-TURN ON 14 SEWER HOOK UP 27 SEPTIC MAINt 15 SEPTIC INSTALL 23 SEPTIC^NAL t^ES__NO CG r^uuFEsS 21 COMPLAINT 22 FOUOW UP O oc Ui COMMENTS '• ■------------- ■■" - ■ a------------- t~"“I o q:o WL Vuo: e 3: Uj Ui q: i did ::5o Ui ix ■mmoA) cTiecAj-rnav-Dorv'ppn _. PTOJcJrTCOMPCr Uj Q O C; WORK SATISFACTORY. PROCEED ~ CORRECT WORK & PROCEED C CORRECT WORK. CALL FOR REINSPECTiON BEFORE COVERING Q CORRECT UNSAFE CONDITION WITHIN------ INSPECTOR WILL RETURN C ISSUE CERTIFICATE OF OCCUPANCY _________TEMPORARY _________PERMANENT C STOP ORDER POSTED. CALL INSPECTOR C INSPECTION REOWRED. CAU TO ARRANGE ACCESS HOURS - photo taken C CITATION ISSUED Call lor the next Inspection 24 hours In advance. 473-7357 Owner/Contractor/Ni^iti Inspector._ White Cow«n»|teetort Fite CMary Copy-Site None* • ••». - •;• ■ « % « • wo • . V , .. J- r*^ . .*.« *^' . ."i ■i .••i*-- >e: 5# ^ % # i • .,e' i.\ •'» - . -V * . • , # « B* ^-•.'.***2-** -rrj-c: -f t .* •. . •*. . ,* . • % • 0 «» . F •••— - • » • **•. 4: —•. -■« .. •• . . / • * • • *• * PE Ki VI IT CITY OF ORONO 1335 Brown Rd South • PO Bex 66 Crystal Bay. Minnesota 55323 (612) 473-7357 PERMIT TYPE: Perrrit Number Date Issued USER DEFINED »»475S 10/30/?2 re ADDRESS:627 FEFNOALE RD N LSVr. I. N. : 36-11 S-23- .1 -0029 SCRIPTION: Base Fe*; Total Fee j5<:u.oo $50 .00 Ujcx>-fc> /A\ i^pu£^ cop 6cf/jL^' ^TRACTOR: FTEN BROS Applicant - 14735425 249 INQ LAKE 12) 473-5425 MN 55356 OWNER: JOHNSON &27 ORONO TIM FERNDALE RD N MN 55391 •T ««»-• .«- - -^t j.'-—^ ^ mm ^ mm mr ' atjfliVuNDERSlGNEDVHEREBY^REQUESTS PERMISSION TO-MAKE:-THE-REAL IMPROVEMENTS ; . SPEC IFI ED ' AND r AGREES ■ J 0 :,00 ALL • WORK T N STRICT COMPLIANCE WITH ALL CIT V • OF i - OPONO-ORDINANCES AND-.STATEW-MINNESOTA BUILDING CODE REQUIREMENTS^;- . - - - - - - - - - - - - - - - - -• ^— - - - - - - - -- - $ 11.41 Subd. 3. Dedication of Drainage Easements. A. General Reqaireaents. Where a subdivision is traversed by a wetlands, swamp, watercourse, drainageway, channel, or stream, there shall be provided a storm water easement, conservation and flowage easement, or drainage right-of-way conforninu substantially to the lines of such watercourse, and of such width and construction or botn as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maxim’ c potential volume of flow, B. Drainage Easements. 1, Where topography or other conditions are such as to make Impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements at least fifteen (15) feet in width for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to a public roadway. Easements shall be Indicated on the plan if subdivision is a plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities. 2. When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plan it subdivision is a plat. subdivider shall dedicate, by drainage or conservation easement of land on both sides of existing watercourses, to a distance to be determined by the City. 4. Wetlands, swamps, and low-lying lands along waterb^j^ri^tp„J1 oqd.Ln9 -P pefTo^s, whether or. not included .n areas for dedication_j_ shall be preserved and retained in their natural state a_^drajj}age^ways^ ^onserAtion and flowage easemeries-:for those _areas shall^e to'the CityT-^ Such land or lands subject to P^iodic ndbdinT 'sha'll not be computed in determining be utilized for average density procedure nor for computing the area requirements of any lot SEC. 11.42. WATER FACILITIES. Subd. 1. Public Water Systems. A Where a public water main is accessible, the subdivMet shall* install adequate water hydrancs) subject to the specifications of the State or City. B. Water main extensions shall be approved by the City. ORONO CC 466 (4-1-84) TUB ts*i nONCSiTROO A « •» O C I » -• T B « m H M Bonestroo Rosene AnderlikA Associates crj c n ic^-t yr *i* A«W% t4*W«l V’V •? 6^ • C9m N tw>^ i ^^•^r% M r?5f- C •! Wwr V ISrnr. C/A Engineers A Architects Januar)’ II, 1993 A yr^ Pi A C^w*. H •5tr* • *rt-t M 0 IAM» iMif^ C iyiiK «t A A r| A U f %yp"^ P9 »-A Af t A^-kAA A ' A Dr^«.- « M f AA|Mt m «mar M A 4^ Af Ag*« V t-j^ AC* Af A A| A^vA »#«« ^ fj C A# •wm t a | ^ ? ^w«l A| Aiv^tr • Aaeran At Ub« • Arn At A ifA n Ca> a A| Caaai i tir>MWA H Cava Mrw^ A| i Cllvift Af O *5T:k Af A2T«i •! Ca% 3 t. Tl^ At • ^ »f vc^ i WA^ E| thsan^D CbttJflAn c-f tiA C V#* Af Owts ^ *»<«iti» ur# lA Pmi0^ V O .^ Ms Jeanne A. Mabusth Building & Zoning Administrator City of Orono F.O. Box 66 Ciystal Bay. MN 55323 Re: Johnson Property FUc No. 139.1793 Dear Jeanne: We have inspected and reviewed the exisung and proposed contour plan submitted for the proposed pond on the Johnson property located at 627 North Ferndale Road. The plan shows the existing wetland outlet is 4’ below the basement of the Feig home. Excavating a pond is not necessary to install drain tile from the house footing to the low area. The proposed pond has mostly aesthetic value with some benefit provided by means of groundwater recharge and storm water sediment trapping. The wetland has been identified as a Type 6 and 7 -Hr-b swamp. This type of wetland is generally reco^iized as a lower quality wetland and th» creation of some open water may be an enhancement. Although the wetland is protected by the Wetland Conservation Act. excavation may be permitted if the excavated spoil materials are removed from the wetland area. We recommend that all materials be hauled off the property as no suitable fill area is available. The proposed pond location as shown limits the possibiL'ties for an alternate septic site. We recommend any excavation be restricted to the drainage easement area. The area should be restored by spreading the existing topsoil materials, followed by seeding with native plant species covered by mulch material Please contact me at this office if you have any questions. Yours very truly, BONESTROO. ROSENE, ANDERLIK & ASSOCIATES. INC. I). /^MAfAcTi Shawn D. Gustafson, P.E. SDC:li 139A.cor • .r- f ■»tiM City of Oroao W f 4G69169 ggtf ClAtH ,(• fbQMACi AMO COHSRPVtTlOII 1AS«MT AMO «AXV*« or OAMACfS -1 % . ■■ 0.^.. Ail. 1 ^ %.'i# •*■» this IMUOmiHI. H**!* y^____________l»X(." »» “• ana TMtUl T. rlttOIHO. «<ice«.»ott |IITt*l"»*»« «u«:ti«ir t.r.rca «. « tn. ecntoti.M «a “»» tl. ..«<r..«>r. «Hl ...nn., . ~nlclp.l »rpot.U«. ««tr th. l«« 0( th* 8t*t* ol Hlnn**ot* th«t»in*ft*r t*f*t«a t« •• »>>• Sr*Bt« HlTHCSSrTH, Ct*«tor(*). for *"^ eo"*ia*t*ffo" of *ho Ot Oh. nolur <s».0«) .oa o.h.r «l«bl* «*..««..l«>. »•«»/ ,*lt cU». to Or.ot** th. rtoht to t..ttlet ona Cr.ototC.1 ooro* to uoit *oa pr.cioa. th, 0.., lopr,..«nt ..a a...lopo.ht, ««ao. th. cooattlOh. .oa .o.,o.nt. h«.ln eont.lo.a, tho follo-ln, a.i- crl6*a und in th, CoantT ot H,nn,pln *na st.t, of Hini**ot*i THhT ar.tn.s, .na utility e«,-,"t of Lot 1. Sloch I, L».r,nt haaitlon «hlch 11,* Sooth.tly of • U"* ar»n P0t„, l„ th, ..ot.tly un, O. *.ia lot f th,t,ln aut.nt Sf.OO Horth,rly of th, .ooth,.,t corn,. Of *.ia utt a to . point I............. Un, of ..id K>t 2, vhlch h« . lonoth of 1«.5» t..t, ..Id point b.ln, thoroln dl.t.nt UO.OO foot Hotth.rly o th« mont .outh^rly com*r of sold Lot 2. 1 VR.HNSFF.R F^■T^RE0 AijO 1981 \^V ... . '‘-. ■■ ■■''i- ■ -“ .'^ ■ •■.*Vf ^ --r* . ■-. .. ',.... ^ • *"•- • *»^ »• * W r. p •4 «• ; • *11 ** V %. ' • •■;. • V,,-«• . * ^ ^ .. . ♦ ,v , :.t ■; - : 5 . Km •%%.» ' ‘‘^ X '*V . , ^ J 1.V--vV plM«< erMtprfs) hT<by cov^naat «Ad afr*#!*)* (a) Mo atructura ahall ba eoaatructad* aractad* or # or banaath tha Load lacludinf aitbovt llai« tatioa* Caneaa* firaplacaa» atapa* hardeovar or roads of any natura whataoaaar# or any otbtr atructura or laproraarnt Incon- aiatant altb tha natural stata of tha Land» aaeapt for docks or^ piara across said aatlands to tha opan watar of Pranch Laka. (b) Mo traas» shrubs or othar aaqatation shall ba daatroyad* cut or raaorad froa tha Land* aicapt as authoritad by arlttan consant of Grantaa. * (c) No aarth* loan* past* graval* soil or any othar natural natarial or substanca shall ba »3vad or renovad from tha Land and thara shall ba no drad^lng or aacavation of any natura vhatsoavar or any changa of the topography of tha Land without writtan consant of Grantaa. (d) No soil* sand* gravel or other substance or natarial as landfill shall ba placed* dumped or stored upon tha Land and no waste* tras** or garbage ahall ba placed* dumped or waste* trash or garbage shall be placed* dumped or atorad upon tha Land. (a) No use shall be made of tha Land eicapt uses* If any* which will not change or alter tha natural condition of tha Land* and no use which would tend to change tha drainage* flood control* water conservation* erosion control* soil conservation* fish and wildlife habitat characteristics shall be made of tha Land or tha water situated thereon. 3 rrl (ti Cr»nf*9 may «nt«r <i|K}a th« Laiul foe th# purpeoa* of Inapocttoa aod •nfereooant of tlio eovonanta coa»alna4 karaln and to cauaa to bo raooaod frai tha Land vithoat any liability any atriRtiiraa* uaaa* oatariala* aabatancoof or luiaatural aattar Incoii* r ^ i.'' ;ri* i I ‘4 I m' >> b |: alotoat olth tha eoaaaanta eontaiaad barala and tha nataral atata of tha l4uid» • Cv. 1* Cranter(a) htraby quit data to Crantaa# a parpatual r ' a. ■ flooayo aaaooant and riqht and privllaqa to traopaaa vith mtar ovar and iipm any or all of tha Land. 1. Grantor(ol hareln do hareby ranlaa. ralaaaa* acquit and foravar dlocharaa. foravar. tha Crantaa and any and all of Ita offlcara and aaployaaa of and from any and all clalna. daoanda or causaa of action of any kind or naturn whataoavar vhlch nay arlta or accrue by virtue of any flowa9a or traapaaa with Mtar within tama of thaoa aqraamnta. In addition to any othar raaady tha Crantaa nay havot tha covananta and raatrictlons contained herein nay be enforced by Injunction. Grantor(a) do not intend that the public should have any In- teraat in the above land by virtue of thia Indenture or otharvlaa* except an hereinabove aet forth. All the provlaiona hereof shall run with the land and ahall extend to ardbind the heirs, successors, representativaa, grantees or assigns of the respective parties hereto. STAT*: OF AX COUNTT or ) 8S On this V2^ day of .Puulic within 4tn3 for sal * 19j^» befora me, a Hotary and State,~parsonally appeared I. ri'miAimm known to oe to be tha par- rn and who axe^tadTthe foiegolng inatrunent, andson(s) described acknowledged that they executed said Inatrunant aa their own free act and deed. hotary Public State Deed Tax Due Hereoni Exempt This lastrusent Drafted Sy —J- Johe L. Laurent MARY ELLEN EME! Noranv eueuc ••ey-Uk CmmU. »*.•••• a urI ^ % ■■f a h,• I 4— I tH <• /e Ik ,-x. 4 i #■ A TOt J«ann* A. H*busth r»0*li nichA«l F. Cdffron, S«ptie lACpftcior DATEj Karen 24, 1911 SUakiecTt h>tlatMl9 classification. 1539 Subdivision, John L. Laurent, 625 H. Farndalo Rd. On K>rcn 17, 1981, I met uith Mr. Laurent, his surveyor, and hrs realtor on the .ibove property to discuss delineate the wetland existinq on the scuth end ot the property. ,ho t#etland in question was at this time dry enough to «*alkt on without getting wet, except for a snail portion naybe 30 feet in iianeter which showed evidence of cattail growth. The wetland appears to exist as an overflow for a sauill pond located ]ust to the east; ditched drain ng acts as sn outlst to the west; no water was flowing at the tiae. The wetland apt'ears to be wet only during wet periods of tiie year and/or if the pond above overflows. Wnxle it appears that a saiall wetlands conservation easement would be appropriately for the site, it also is true that the rest of the lot is quite open and relatively flat, hence sub« stantial potential area exists for uso as d*’ainfisld. I do not feel ths taking of a wetlands conservation eas«n«nt over the isarginsl wetland should cause denial of the subdivision even if It means a *dr/, buildable* area somewhat less than 2 acres. It is noee%«rthy, however, that portions of both lots 1 and 2 contain a Dundas silt loam soil (according to Hennepin County Soil Survey) which has a seasonably high water table and may require tho use of mound drainfield systems. Jt> •J I-'' TO: FROM: DATE: Jeanne A. Mabusth, Planning and Zoning Administrator Stephen Weckman, On-Site Systems Manager January 12, 1993 SUBJECT: #1793 Tim Johnson, 627 Ferndale Rd. N. - Site Review The applicant would like to dredge an existing wetland which lies within a conservation and flowage easement area to create a water retention area for the purpose of alleviating flooding and water problems in the basement. The existing wetland lies entirely within a flowage and conservation easement, however the proposed pond requires excavation extends both inside and outside of the easement area. The plan calls for excavation of a drainage way from che applicant's front yard to the retention pond in the rear and excavation of no more than three feet below the existing wetland area. Excavation within the flowage and con.servation easement area began in October 1992 without municipal approvals at which time the City issued a stop work order. A large portion of the wetland area was stripped of vegetation and in some areas excavation had begun. A permit was later granted for the excavation of a drainage swale from the front yard to the back yard 26' from the existing wetland area. A site evaluation has been completed to determine how the proposed changes would effect the lot. In 1987 a lot line rearrangement required that the alternate drainfield site be relocated to the south of the existing residence and west of the existing septic system The applicant's plans, however, show the expansion of the holding pond outside of the easement area which will encroach into the required setback for the alternate drainfield site. Therefore, the applicant should revise the site plan so that the pond area remains at least 75' from both primary and alternate drainfield sites. Another site issue is the elevation difference between the residences and the pond elevation. Elevation information would be beneficial to determine whether the pond will indeed drain water from the basements of the applicant and his neighbor. The soils in this area have a seasonally high ground water table wnich will not likely be altered by the excavation of a pond, but more information would show whether a drain tile could be effective. There may also be a question as to whether the excavation of a wetland within a flowage and conservation easement may be permitted to solve water problems for an existing residence. In conclusion, additional information should be submitted identifying a smaller pond area so as not to encroach the alternate septic site and elevations to demonstrate that the proposed action will serve the purpose for which it is intended, the elimination of water problems in the basements. The Planning Commission should also consider whether the excavation of wetlands may be allowed to alter existing drainageways to solve individual problems. . :> ns \r>■ :/> . V % / ✓ yr . 'r- \ «i ^1 - --* I' .1* .7 ,*». ^TlO^ t— _i»«6 N^tixe &Kf6£<i> - // y ^ LAv*)/^ ^evr.H^ic vo'otH VflPiEb f1^>\ fcO'Ti? 30' -7 Nt).Sc*UE. X. ____^----- <' ? Ift Q» (7 I 5i •'v Vi#m5 (V 1 4- .6 X / i / / 2/5 % « SI > i r ■< -4 -«l l^P y >n? J-ifisI .' ‘ f r * To;Orono Planning Commission Members Ron Moorse, City Administrator From:Jeanne A. Mabusth, Building & Zoning Administrator Date: Subject; January 14, 1993 #1795 LuAnn Walters, 3800 Wayzata Boulevard Conditional Use - PublxC Hearing Zoning District: RR-IB, Rural Residential Total area = 71,482 s.f. or 1.64 acres Hardcover area = 15,055 s.f. or 21%. Refer to Exhibit C, note property is not subject to hardcover regulations for shoreland property. Pertinent Ordinances 1. 2 . 3 . Section 10.28, Subd. 3 (A) - Conditional use permit required for day care/school use. A.Setback of structure from adjacent residential lot line Required = 50' Proposed/existing = 107' B.Fence required for open play area within 15' of street lot line. Open play area located 10' from street lot line and 37' from traveled road shall be fenced. C.Nursery school requires 50 s.f. of playground space per pupil. Proposed = 2,500 s.f. 29 pupils require 1,450 s.f. 50 pupils req.iire 2,500 s.f. 60 pupils reauire 3,000 s.f. Section 10.61, Subd. 10 (J) - Parking requirements for day nursery use. Formula =4+1 for each 500 s.f. in excess of 1,000 s.f. floor area. Gross floor area = 2,940 s.f. Net floor area = 2,646 s.f. (10% reduction for storage, halls, utility rooms, etc.) Proposed = 18 Required = 3 (4 + [500 1,646 = 4]) Section 10.61, Subd. 2 (A) - Signage. Allowed = 12 s.f. per surface Proposed =» 1 sign limited to 12 s.f. per surface 4 Zoning File #1795 January M, 1993 Page 2 List of Exhibits Application Property Owners List Plat Map Applicants Addendum Weckman Memo Septic Map Gustafson Report 1/12/93 H-1-2 Engineer's Alternative Plans for Parking t Vraffic Flow I - Floor Plan J - Site P3an A B C D E F G Review of Application The proposed application proposes the first conforming use for the subject property in over 40 years. Trior to 3 years ago, the property was used for a commercial/retail use. The use was severely limited and many of the businesses failed. *^3 a non-conforming use, once the use ceases for a period of 12 months, the use of the property must return back to a conforming use. The applicant proposes a comprehensive child care center consisting of pre-school age children aged 2-1/2 through school age operating 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant seeks approval for a total of 60 children enrollment. Based on the current capacity of the facility, the first phase of the operation will be limited to 29 consisting of both students and teachers. At the time the facility serves more than 29, a sprinkler system and new well will be installed. The new well must be installed to the west side of the property or close to the principal structure providing a minimum 75' separation for future septic drainfield area to east side of property. Refer to Exhibit J. Per Weckman's memo, the current septic system can serve total of 30 student/teacher use level. Refer to Exhibits E and F. Weckman's memo reaffirms there is adequate area to serve a day care facility at a maximum 60 student enrollment. Gustafson, of the City Engineer's office, recommends a new parking layout reducing the proposed 10 spaces to required 0 and providing adequate area for a service lane to allow quick in and out movements from property. Refer to Exhibits H-1-2. Refer to Exhibit J. The curb cut shown at Highway 12 has been removed. The current access drive in use v-as to have been abandoned. The Engineer recommends that the proposed entrance to the east side of property and new drive be installed. Portions of the access drive will encroach within County right-of-way. There Zoning File #1795 January 14, 1993 Page 3 are also other existing paved areas located within County right-of- way. The County approved the original site plan at the time of the acquisition of additional right-of-way for CSAH 6. Applicant must apply for an updated entrance permit in order to install new curb cut and portion of access drive that will encroach expanded County right-of-way along northwest side of property. Please review Exhibit B. Applicant's addendum provides background on Mrs. Walters' professional experience. The Open Arms Child Care concept is reviewed. The applicant will be present to answer any questions members may '•'ave concerning the operation. Jcte that meals will be served at the facility. In fact, pre- oruered meals will be available for parents and families. Based on the level of use, the Cn-site Septic Manager sees no problem with this phase of the operation. The preparation, handling, serving of food and maintenance of kitchen must comply with the Hennepin County Environmental Health Guidelines established in the State Health Code. Staff would recommend that the open air fenced play area be expanded now to the maximum required 3,000 s.f. It is curre.ntly shown at 2,500 s.f. The site plan shows no plan for landscaping. The west side of the property is predominantly occupied with parking, access drive, facility and accessory uses. "^he east side, located in higher, grassed elevations, provides a nature buffer for adjacent residential area. Staff would recommend that the open play area be screened with natural plantings along the south and east side of the fence. Members may have other recommendations. It will be necessary to restore groundcover over areas disturbed with removal of blacktop at curb cut. The applicant sees no need for additional signage area at this time. Lighting will be limited and used for security purposes and for immediate users of the facility. All lighting must be shielded and directed downward. Staff Recommendation Staff recommends approval of the Open Arms Child Care facility that would consist of child care services for pre-school and school age children still needing child care and a limited catering kitchen for child care children and families. The conditional use permit would limit enrollment to a total of 60 students based on the area to student ratio established in State code fo^^ required size of principal structure and per Orono's septic ordinance. This approval is based on the following conditions: Zoning File "1795 January 14, 1993 Page 4 1. 2. 3 . 4 . 5. 6 . 7. Isv Site plan submitted with application shall be amended to include the following: a.Revise parking area to include a minimum 8 spaces and appropriate striping designating these parking places. b.The existing curb cut at the northwest of property to be removed and new curb cut installed as shown on site plan. A minimum 20' access drive to be installed. c.Applicant to obtain Hennepin County driveway permit for installation of new curb cut and approval of expanded drive within right-of-way of County Road 6. d.Fenced play area to be expanded to 3,000 s.f. to meet outside playground area for 60 students. e.Landscaping to be provided along south and east side of outdoor play area. f. Locate single sign to be installed on property. At the time both student and instructor use exceeds 29, an approved sprinkler system must be installed. The new well to be installed at the time of the installation of the sprinkler system must be placed to the west side of property in order to preserve future drainfield site to the east. A* the time the student/instructor use exceeds 38, a new septic system must be installed. Upon application for a building permit, applicant must provide confirmation that State licensing requirements have been met and that a license is pending. All food preparation and maintenance of kitchen shall be approved, inspected and administered by the Hennepin County Environmental Health Department. All constx*uction shall be subject to the standards of the State Fire Code and Uniform Building Code. All plans submitted with the building permit application must be drawn by a licensed architect. The State Fire Marshall shall approve plans to ensure fire extinguishers, exiting signs, alarm systems and fire drill procedures meet the necessary guideline. CllY OP OROMO - GENERAL LAND USE APPLICATION PROPERTY LOCATION *fr- w / j'W'J /7 X Site Address S’0 0 i ,tf J (Tcc /Property Identification Nunb^ f o i ' {P.I.D.) Please attach legal description to application if not included on required survey. APPLICANT Name Lu CO A- Phone (home ) </7^ 3 ^ Phone (work) Address tS2/C' /\i>-City ,‘J04ff>or zip Vb’ ?v^3- OHNER (if different than applicant)Phone (home) Name Phone Address City Zip Date Property Acquired I (do) (do not) also own the adjacent parcels of land. (month/year) PEES - CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use y:$175.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $750.00 Commercial/Industrial Use $200.00 Land Alteration Cir, OF CRQHO Flh ’AS'CE OFFICE U50O000Q0 Oi QEH 175.00 175.00rurrj^* ti Grading and filling - designated wetland or Grading and filling - 101 cu. yd. or more if26U30 COOl Rpl T16i Grading, seawall, retaining walls within 75’ of PRD/PID - see fee schedule Renewal Fee - $100.OC (no change from original application) After-the-Fact Fee - Double Current Application Fee OTE R APPLICATIONS $200.00 $250.00 $175.00 $ 75.00 $300.00 $300.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Kezoning (PUD - refer to fee schedule) Comprehensive Plan Amendment Appeals Other - set* fee schedule PRESENT USE OP PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail: 7^o REQUIRED SUBMITTALS 1. Completed Application Form, Certified Property Owners List of owners within 350' (you can obtai this list from Hennepin County Department of Finance A-603 Governmer. Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list cf any other persons you wish notified of this application. 2. 3. 4. 5. 6. 7. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING, COPY (ll" X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff; Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date ^ ’ 9x OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. RUN DATE 07/ll/fl BATCH 007 HETfCPlH COUNTY PROPERTY INFORHAnON SYSTEM PROPERTY OHNERS LIST PROP AOOR 0«CR NAME TAXPAYER NAME/AOOR SB 29-11B-25 52 0004 0005B AOORESS UNASSIGNED HEMI COUNTY PK RESERVE OIST HEM4 COUNTY PK RESERVE DIST ' I .• • .n s \ ' SB 29-118-25 5» 0004 PROP AOOR • 05440 SIXTH AVE N OMNER NAME PARK GUN CLUB INC TAXPAYER PARK GUN CLUB NAME/AOOR C/0 RUBY GESOOflNO 4959 VERA CRUZ AVE MPLS MN 55429 ) PROP ADDR ONKER NAME TAXPAYER NAHE/AODR 56 52-116-25 21 0003 00056 ADDRESS UNASSIGI4ED S A CIRSPINSKI ETAL CLIFFORD L OTTEN 2265 H HAYZATA BLVD LONG LAKE MN 55556 ) V 56 52-116-25 24 0004 ‘ 00056 ADDRESS UNASSIGNED LISLE VICKERMAN JR ET AL ORCHARD PARK FARM INC NAME/AODR 5980 HATERTONN RO MAPLE PLAIN MN 55359 PROP ADDR' OHNER NAME TAXPAYER .5. .) t t ) ) 9 • 58 29-118-23 33 0001 03960 SIXTH AVE N NORTHERN STATES POHER CO NSP - PROPERTY TAX DEPT 414 NICOLLET HALL MPLS MN 55401 38 29-118-23 34 0008 03740 HAYZATA BLVD H CLIFFORD L OTTEN CLIFFORD L OTTEN 2265 H HAYZATA BLVD LONG LAKE MN 55356 .# • 38 32-118-23 22 0002 03825 SIXTH AVE N FRED HOLASEK JR ETAL FRED HOLASEK JR 3825 6TH AVE N LONG LAKE MN 55356 TOTAL BATCH 007 00010 REPORT NO. PI455401 . ...PACE 1738 29-118-23 55 0006 00038 AOORESS UNASSIGNED BURLINGTON NORTHERN RY BURLINGTON NORTHERN RY ,• ”T. • • « 58 2«-118-25 54 0009 03800 HAYZATA BLVO H 0 M CURTIS « S A CIRSPIN9U BARBARA CURTIS . i 5907 JANET LA BROOKLYN PARK MN 55450 . • V ) \ i r Y* 38 32-118-23 22 C005 03825 SIXTH AVE N FRED HOLASEK JR ETAL FRED HOLASEK JR 5825 6TH AVE N L0f4G LAKE 55356 r-Vu *• ii «• • Y fO' • i \ • ) I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOHLECGE AND BELIEF. DATE BY CVb) . ^ • X J 'iJ il y ^'Ua % L±i^ U • U U yHJ i/li t "I TT i » A • f (f I , ‘y 'rk C/ ..-V .-•; ;:? Open Arms Child Care 0 5215 Black Friars Lane Minnetonka, MT-^. 55345 Application for Conditional Use Permit at ^800 Wayzata BlvdLT Ti Long Lake. MN. 55356 to the City of Orono P. 0. Box 66 Crystal Bay, MN. 55323 473-7357 Property (hrner Business Ovcer Cliff Otten Lu Ann Walters (612M73-5425 Fax 473-7232 (612) 474-2363 Fax 474-2363 II' Table of Contents Background Op^rn Arms Child Care Lu Ann Wallers Initial Operation III Site Plan Phased Operation 1 i ■gjtarr^ Background Open Arms Child Care uas formed in 107^) Jhe business founder Lu Ann '•Aaliers has 10 years e\periencc specifically in the dav' care business and IS years experience in mana^emeni consuliing The Open Arms visi^m 'vas based -‘n a mother s need to find an a'?« tnitive to e.nislini; child care pro»;ra;ns The ‘Open Arms Child Care concept ccirhiner the best of a large center and the best of a family home da> care The first began in I')"') in St I-'aul providing a unique combinaiiun home center Open Arms Child Care expanded to fvu addiiumaJ sites m Ro>eviHe and iJolden Valley Each business *A’as full to license capacity vithm 6 months Senator Durenberger 'A'rote a iCltcr of appreeiatioii and endorsement 'of the innova.ing child caie approach Open Arms vas pioneering Lu Ann s Ramsey County Licensing 'Aorker Sue Uhler affii med that Open Armsu'as one of the top 4 child cares in the 400 licensed hjme child cares she was responsible for in Ramsey County. Open Arms was also the first home center to be allowed to tram high school students on a government student aid program All three were sold in lOSO at a profit while retaining the rights to the Open Arms Child Care name Open Arms met with tremendous support ranging from neighbors, public school to extended family members and consistently maintained a waiting list for enrollment Open Arms often participated in local church summer bibie schools which resulted in good working relations with local churches as well Lu Ann Walters w’as Director of Operations of the Souls Harbor/Nicoleiie Hotel downtown Minneapolis Child Care was one of seven departments Lu Ann was responsible for She managed a 2 5 mil'ion dollar budget reported directly to Orlando Logelin who is now the National Director of financial Services for the Christian Broadcasting Network out of Norfolk. VA <CBN - Fat Robertson 1. Lu Ann has held the the positions of Pegional Manage/' for Massachusetts Indemnity &: Life Insurance Co out of Atlanta, GA and General Manager for Forever Living Products. Inc. out of Phoenix AZ. •l #I Lu Ann also ’yorked with RicaarJ Meese VP for Carl^un Learning Cu providing consulting ^e^'vices and conducted family communication seminars; launching their family Communications Network She is the mother of wo daughters (Leah IS Alexa 10) and resides in Minnetonka Her husband of IS years is an Account Executive for Alexander Alexander Inc (largest retail nroneriv/casuallv insurance broker in U S ) N Initial Operatio n Initial operations <vill be focused on the unique aspects of the Open Arms Child Care concept for children ages 2 1/2 through school age The existing building will be remodeled to allow 6 classes totaling 50 children enrolled in the Open Arms program. Normal business hours will be from 5 00 am to 5 00 pm. The building remodeling plan will meet all state regulations for child care centers Breakfast, lunch and a snack will be served from the facility Therefore child care regulations will require the facility to he licensed as a commercial kitchen In part, child care regulation 9503 0145 Subp 3 states Preparing, handling, and serving food and washing food, utensils and equipment must comply with the requirements for food and beverage establishments in parts 4525 2400 to 4525 50o0 ' This kitchen will also provide simple meals to parents and family on a pre-ordered basis which they can bring home This serv ice will allow families more lime together during precious evening hours present a more rounded .k comprehensive child care Service In checking with city regulations regarding sewage requirements for this kitchen operation, the present sewage system is adequate A blue print of these proposed upgrades accompanv this application and are attached A comprehensive child care program will include before after school program for scho'.'l age children School age children often have homework needs on a daily basis It is our goal to provide specialized programs to assist them with their homework We therefore request to be allowed to function as a private school in order to provide a well rounded school age program for these students still requiring child care before after school. In summary, w’e are seeking approval to use the facility in the following areas Child Care Services for Pre-school &. School Age Children Catering Kitchen for Child Care Children Families Private School for School Age Children Still Needing Child Cai'e I Site Plan The following site I’euiuresare planned Fenced Plav Area. square feel minimum of fenced play area vili be required by child care licensing the Citv of Orono Parking Parking ^*ill remain as it is currently with IS spaces as required by the City of Orono Signage Twelve square foot signage as per city ordinance on Co Rd. 6 and Hvcy 12 s [ ^ Phased Operation As the facility is filled to current capacity of 29 we are planning to expand to sixty children to be enruiled This expansion will retuirc a sprinkler system Piping will be installed immediately tu prepare fur a sprinkler system Additional site improvements to facilitate a sprinkler system and increased enrollment will include 1) a new well closer to the building and 2' expanding the current sewer system according to city requirements. Blue prints for this future expansion are included. r rr.- 1 ^ TO;Jeanne Mabusth, Building & Zoning Administrator From:Stephen Weckman, On-Site Systems Manager Date:January 0, 1993 Subject: #1795 LuAnn Walters, 3800 Wayzata Boulevard - Septic Review The applicant proposes to use the existing principal structure as a day care center including a kitchen area for up to 60 occupants on a daily basis. From the University of Minnesota and the Pollution Control Agency On-Site Sewage Treatment Manual, the septic system should be sized as a school or church with a cafeteria as it is the nearest comparison. Based on this criteria, the drainfield should be sized based on 16 gallons per day per unit and the septic tank should be sized based on 17 gallons per day per unit. As the intended daily occupation will total approximately 60 people including staff and children, the drainfield must be sized to accommodate to treat 960 gallons per day while the septic tanks must be sized based on 1,020 gallons per day. The existing septic system consists of three pre-cast concrete septic tanks and a mound-type drainfield installed in 1982. The system is code conforming, however, based on the projected waste load, the septic system is too small. The existing system would be sufficient for no more than 38 people on a daily basis. Therefore, soil testing and system design must be submitted to the City indicating suitable area for new or expanded septic system. Based on the above information, I would recommend approval of the conditional use permit provided that suitable soil testing and septic design information is submitted and approved by staff. Isv • ••• f *•V .i ^ !• . V •%i,'• % •’1 ■•■.•■.■ •'■'i %•»; '' *1 til* '•r..• r*t.;. ViV/ •>;.•» • ' •ir.■'<\R *; '.V • •*, - • •* .• - • f ‘• » •. • « ¥••. *•t« I i V % .*I * *•:: >. ?. *• ■ . • r 4 ,♦ . ♦» ,• • * \ ,. ‘ *4-1;'t-«/*• I v\^*.*■.•*J jjl* .' • ‘t • * . V' rO|:;' •? : . ••• .*. • ‘ * /.-‘H• ' •-V' ‘ V* )fl • j *'i-v. ',• • O;‘' ..'. ' 4' *!<!'‘;‘'v^ ■ ^‘ •'. i. - ' .:• iiLr4....tf..^i r ....... • ^- .. .• 4** ‘ »***S. . t.. .. Xk•; •;.;;' vt •.■ J’*•I, I • 4*4 4 *.'■ -r• • •^ *;.'|<v •fe;•iS\-,i::v■ A inspection record PUMPOUT HECOHODATECOMPLIANCEdate gallons PM«AJ <^ C£>AVi CToA*Jy>€t<CT YC»vJ >^/ 4-8-82- k)(^LAj> -------------L------ c», 7/^AJ>4i e-TC . ~ i^fiouio Ct«/i5«7x/’Aj 7 9~/0~^^4 r^iZnuj/A/i* ai^ MOo/Vi> ------L p/Anpihi I c-CONFORMING s-SUBSTANDARD N - NONCONFORMING I >. ..'It' :•1 •t•iiV.iv;-;m;•k» 4 •.* •locationSKETCH r 4 I • I / .V / , , I - -------- lnc!yd«'^—^)-^erf location 2) Distance from house to septic tanks, dist. box, and drainfletd P) North arrow and roatf ’ f; . ■*^0 » I • • I I. 4 if I Bonestroo Anderlikfi |\J| Associates Cftc C fic-nrtJc w PI. : f-cffr * V—.a^ ,^y C r-*' » C;3< #1 Engineers & Architects l-v,!*’ V z PA “»r* iu* C©<*u*.faftf ^ A Ci'f:* *r f "r-t-C •*£ \v t::? tj r.% a C C A a A t| Va»f A M ••:-•• 1 -ftf »l » ArTT^A, A Ce-'.i.fl c ffC-JI f 9| Af VrjT • Pf A^*n M H “g M *•:*« 'A 'rtrc ' »£ '•‘••Nf C .>*i' »l * *.X^.-r PC -*': 2 C£ C-t:** ^ Arc-^.5A ft v*4X 4 iPe.^ ft \\*t A S^^ f£ CiV J»t Ti-fi ^ Zc‘t^:a, ft CirytA AS •'•"a j ctiwvfT ff *•’ ^1 j ff • «;i G'J.f ri ff ; ‘A f r %< f 2 ^•'K'r'u* Af A ft 4 V*2 ft S') f f 'A fwvvr^iy ►"-'-AA M c V^A m<i*r\; C' 5r p*\f January 12, 1993 Vj'« r AO J. *i Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono P.O. Box 66 Ciystal Bay, MN 55323 Re: Open Arms Child Care File No. 139-1795 Dear Jeanne, We have reviewed the site plan for the Open Anns Child Care facility on the Oiten pronertv located at the northeast corner of CSAH No. 6 and U.S. Highway No. 12. The two previou's entrances ^e to be abandoned with a proposed drhe shown to enter near tlie center of the propert)' off of CSAH No. 6. Portions of the existing and proposed bituminous drive and parking lot encroach onto a small parcel obtained by Hennepin County. The County should review the plan. The existing culvert at the previous entrance off of CSAH No. 6 should be salvaged and reinstalled under the proposed drive. The proposed fenced in play area of ^500 square feet will need to be expanded when additional enrollment is added. The future facility is proposed to serve 60 pupils and would require 50 S.F. of play area per pupil which totals 3,000 S.F. The facility is only required to provide 8 parking stalls. The 18 spaces shown arc not necessaiy and may impede vehicular traffic in and out of the lot. We would recommend a revised parking plan be prepared to show traffic movements through the let with a reduced number of parking stalls. Please contact me at this office if you have any questions. Yours very truly, BONESTROO* ROSENE, ANDERLIK & ASSOCIATES, INC. !Lwi Shawn D. Gustafson, P.E. SDG:li 139A.cor 9 ^ A A 9 HENN. . V :v .'S•'* V .rV 'i^r .^Y * .'■- ’ / ': • I' ** ’a t -* • • * • • • • X\•. •••V- .! •• .. > XVX- /. ^ XL . N• • ^ • 'fl V * ^ A . ■'H • IttiSiB.( 7isn w Moor/AiA (Mvn n«x.jci /-2/^o//2L (OTTENgtoOS.^ = ~^^Yi"=/'-<^' "" AS