HomeMy WebLinkAbout08-16-1993 Planning PacketCMINUTES OF THE ORONO PLANNINO COMMISSION .MEETINX;
HELD AUGUST 16, 1993
ROLL
The Orono Planning Commission met on the above date with the following members present:
Chair Charles Schroeder, Stephen Peterson. Sandra Smith, and Charles Nolan. Jr. Janice Berg
and Candace Rowlette were absent. The following represented the City Staff: Building &
Zoning Administrator Jeanne Mabusth. and Recorder Carole Haseman. Mayor Edward Callahan
and Councilmembers J. Diann Goetten from 7:15 to 9:10 p.m. and JoEllen Hurr from 9:10 to
10:51 were present. Chair Schroeder called the meeting to order at 7:02 p.m.
/i^l853 RICHARD E. AND A. JEAN ENGEBRETSON
1180 TONKAWA ROAD - VARIANCES - PUBLIC HEARING 7:03 - 7:30 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Mr. and Mrs. Engebret.son and Dale Mulfinger, their consultant, were present.
Mabusth explained that in June the property had been reviewed as a variance application for the
current owner, Ron Lauer. The Engebretsons are in the process of buying the property and have
presented an application for the removal of the existing structure and propose a replacement
residence which would be angled further west partially out of the 0-75’ setback area and
approximately 6’ in front of the average lakeshore setback and about 57’ back from the
shoreline. The majority of the stnw ture has been removed out of the 0-75’. There are
hardcover excesses.
Engebretson thanked the Planning Commission for reviewing his application early as he has an
obligation in the City of Deephaven. Applicant stated this will be their retirement home on
Maxwell Bay. Three hardships exist with the lot: lot is short and square in shape, scalloped
effect of the shoreline adds to the shortness of the lot. and a hill is located on the property which
they want to preserve as a berm between the proposed house and Tonkawa Road. He proposes
to tear down the old house and build a two story square design home with a tuck under garage
and no deck. The home will be located back from the lake. They plan to remove existing
hardcover improvement closer to lake. The proposed plan minimizes every possible square fool
of hardcover and lake setback intrusion. The driveway design allow's for a turnaround
eliminating the need to back cut onto Tonkawa Road.
Smith questioned the need for a tliree car garage and the po.ssibility of more hardcover reduction.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD AUGUST 16, 1993
ZONING FILE #1853 - CONT.
Engebrctson added that the three car tuck under garage serves as the foundaiio.n for the proposed
structure and is needed to fit in with the value of homes being constructed in the area.
Smith inquired about the driveway and turnaround in that area to eliminate hardcover in the
circle drive.
Mulfinger answered that the design eliminates the view of the tuck under garage thus the
primary view is the front door and by not always parking in the garage, the turnaround would
not be bliKked.
Smith asked if the evergreen and other trees would be saved.
Engebretson said the majority of trees will stay especially those on the hill which will act as a
sound and visual shield from fonkawa Road.
Nolan questioned the reasons for turning the house which creates a 6’ encroachment in the
average lakeshore setback and an excess of hardcover in the C 75’ setback area.
Mulfinger explained that the design lakes into consideration all the constraints on the property
and significant gains were made under this format rather than to deal with trying to be behind
the setback lines. The view is belter to the northeast. In trying to pull the house back, they did
not consider the line as the absolute most important thing and tried to achieve a balance between
taking as few trees as possible, saving as much of the hill, creating the cul-de-sac to enable
people to leave safely and provide a view. This house shows a porch in lieu of a deck so the
aggregate volume of hardcover is inclusive of what others might call a deck.
Chair Schroeder fell there w'as a good compromise with the plan and a gain in the reduction of
hardcover within the 0-75’ area.
Mabusth staled It would be a 6.2% reduction.
Chair Schroeder stated with respect to the three car garage the Planning Commission does not
consider the salability but cares about hardcover and appropriateness. The proposed house
seems to fit the lot well.
It was moved by Peterson, seconded by Schroeder to recommend approval of Application #1853
for Richard E. and A. Jean Engebrctson. 1180 Tonkawa Road, for the variance as proposed and
accepted the hardships stated by applicants. Vote: Ayes 4. nays 0.
MINUTES OF THE ORONO PLANNING COMMISSION MEETINt
HELD AUGUST 16, 1993
(#1) /!^I780 CITY OF ORONO
1000 OLD CRYSTAL BAY ROAD - PRELIMINARY SUBDIVISION
PUBLIC HEARING 7:32 TO 7:50 P.M.
The Atfidavit of Publication and Certificate of Mailing were noted.
Mabusth explained the property is served by a private drive and a 4 ^/2 acre residential lot is
proposed and a large outloi for future pa'k. development. A MWCC lift s’ation has existed there
for years. Sewer is available to this property. There is one septic site \/hich could support a
four bedroom home with no alternate site. It is recommended that the property be sewered
which necessitates the comp plan amendment to be addressed later in the meeting. No change
will be m *de in the driveway status. We are still at one residential unit ar/1 c/en though the
property could be subdivided into tw'o residential units, it will not trigger any road upgrade.
The upgrade of the : nad depends upon the actual use for the propt>sed park.
Nolan asked how the park would be accessed.
Mabusth responded there will be a 50’ corridor to allow access, parking areas for vehicles and
an access path. Two beautiful trees will be saved. We will have adequate width access for
maintenance vehicles to enter northern parts of property.
Chair Schroeder inquired about signage for the park and if the park and lot share a common
driveway.
Mabusth explained that signage w:!t be developed at the time the park is to be developed. One
issue will be who is to provide mainte:iance. Currently the City provides access to the MWCC
facility but now the City no longer has an active use in the property.
Smith asked about easements and felt that the trees should not be touched nor the creation of
new' roads.
Mabusth said there is an existing easement that already serves the MWCC lilt station area. Ihe
City will have to grant an access easement to the residential lot owner as City will retain
ownership of outlot. The drainage way will be at a minimum 15' width easement which will
be defined w’ithin the residential lot. The wetlands at southwest corner w'ill be established and
designated on the final plat.
Chair Schroeder asked it llie future owner intends to subdivide the property into two lots.
3
.MINUTES OF THE ORONO PLANNING COMMISSION .MELTING
HELD AUGUST 16, 1993
zonint ; file ftmo - cont .
Mabusih answered that there is enough dr>‘ huildahle land for the pro|x:ity to be subdivided.
It is the future owner's intent to apply for a conditional use permit to construct a guest house
for his mother leaving it as one lot. A covenant will be filed on the property limiting
development to five years.
Mayor Callahan explained that the fuiure owner is in the prt)cess of negotiating for the lot to be
subdivided which the Council is not willing to do. Council has proposed a five year restriction
for subdivision to occur. There is not a signed contract between the parties.
Chair Schrocder stated that he has no problem with the issues - trees will be preserscd,
easements w ill be in order and the matter of park dedication has been addressed
It was moved by Schroeder. seconded by Pete’^'^on to recommend approval of Application /^1780,
City of Orono, 1000 Old Crvstal Bay Road for a preliminary subdivision subject to conditions
1-7 as listed in memo dated August 12, 1993. Ayes 4, nays 0.
m fflS44 KEN HOPKINS, 65/75 FERNDALE GREEN
SUBDIVISION OF A LOT LINE REARRANGEMENT
PUBLIC HEARING 7:52 to 7:57 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Ken Hopkins was present.
Mabusth explained that Fairw,ay Hills Addition w'as a two lot subdivision derived from land
adjacent to the greens of the Wayzata Country Club. It is an oddly configured subdivision which
is impacted by Highway 12 at the southwest corner. Major concerns had been raised in
developing residential lots close to the highway areas because of noise and visual impact so a
berm was propr^sed along outer edges of road outlot. The property is served with sewer and
water. There was no claim to seek credit of the drainage areas or wetland areas and was based
on 2 acres dry contiguous land. By the time the property was developed, there was not enough
room for berms and driveway at the western end of the outlot. The driveway must be w ithin
an outlot so a lot line rearrangement has been proposed involving Lot 2 and the outlot. The
engineer had definite recommendations for berm and a curb w ill be defined along the south side
of the berms for drainage purposes. Before ground cover is restored, hay bales and silt fencing
will be used to protect the adjacent wetlands. The existing berms will be trimmed down to 3:1
slope.
4
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD AUGUST 16, 1993
ZONING FILE <1^1844 - CONT.
Hopkins said that lot line rearrangement will help save a large tree that would otherwise have
been in the middle of a driveway. He is in agreement with the engineer’s report.
It was moved by Nolan, seconded by Smith, to recommend approval of Application ^1844 for
Ken Hopkin.s, 65/75 Ferndale Green, subject to five conditions as outlined by the City Engineer
and further recommendation regarding the slope, seeding and the use of a fiber blanket. Vote:
Ayes 4. nays 0.
Hopkins reported there is a dangerous situation in pulling out of Ferndale Green onto Ferndale
Road because of low trees hanging onto the road.
(#4) ftmi MICHAEL AND DANA BARRETT AND JAMES AND MOLLY WHEELER,
2912/2918 CASCO POINT ROAD - SUBDIVISION OF A LOT LINE
REARRANGEMENT - PUBLIC HEARING 7:58 TO 8:13 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Michael Barrett and .Mark Greene, an attorney representing Universal Title Insurance, were
present.
Mabusth explained that in 1983 the property owners completed a lot rearrangement without the
approval of the City which provided for an 8’4" setback to the new division line. The City did
not have an opportunity to review it. Th?* City would have asked for a 10’ .setback from the
corner of the residence. The ow ners are asked to consider the issue at this time. Universal Title
Insurance Company has hired Mark Green to complete the lot line rearrangements.
Greene stated this is to remedy a discrepancy between the legal descriptions that appear on the
Certificates of Title for the properties, tax records and City records. A fence has existed
between the properties for some time. The purpose is not to create any new lot but Just to
change the configurations to coincide at the City and County. The parcel was .split off before
the City actually approved it.
Chair Schroeder suggested 10’ problem be corrected. He had spoken to Wheeler who had
seemed supportive of altering the line.
Greene said Wheeler w'as rather reticent to granting the additional change.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD AUGUST 16, 1993
ZONING FILE #1847 - CONT.
Barrett explained that he has always lived at 2912. His father owned both tracts of land, erected
a fence and later discovered the fence at the back edge encroached up >n the adjoining lot by at
least 15’. In the early ’70s, an attorney was hired to correct the leeal descriptions by adding
the 15’ piece of land to Parcel C. Parcel A, where the Wheelers arc now living, was first sold
in 1976. His father passed away in 1980 and nothing iirrs been di'iie with the fence. It seemed
apparent that the City did not require approval back in 1971. He does not have a problem with
the either the present proposal or the addition of 1 1/2’ to the line.
Smith questioned if the two mature oak trees would be affected.
Barrett stated that the trees would not be impacted.
Chair Schroeder said without Mr. Wheeler present the 10’ setback issue cannot be addressed.
It was moved by Chair Schroeder. .seconded by Peterson, to recommend approval of Application
#1847 for Michael and Dana Barrett and James and Molly Wheeler, 2912 and 2918 Casco Point
Road, for subdivision of a lot line rearrangement and that Parcel B legally combine with Parcel
C so that tax records and the county plat maps can be corrected and grant the setback variance
as proposed. Ayes nays 0.
(#5) #1849 ESTATES OF LARBAKA B. LUND AND RUSSELL T. LUND, III,
905 TONKAVVA ROAD - VACATION OF SEWER EASEMENT -
PUBLIC HEARING 8:14 TO 8:17 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Tres Lund was present.
Mabusth explained that applicants were fulfilling a condition of preliminary subdivision approval
by completing the vacation of a 20’ sewer utility ea.sement. The future residence will be served
by a sewer line located in the County Road. The existing residence is served by a line at
southeast lot line.
Smith inquired if the shed had been removed.
Lund answered ves.
MINUTES OF THE ORONO PLANNING COMMISSION MEETIN(;
HELD AUGUST 16, 1993
ZONING FILE #1849 - CONT.
Mdbuslh added that a staff ins|>eclion would be done before final subdivision approval to see if
all the conditions had been met.
It was moved by Smith, seconded by Nolan, to recommend approval of Application #1849 for
the Hsiates of Baroara B. Lund and Russcil T. Lund. 111. 905 Tonkawa Road, as proposed and
allows for vacation of the sewer easement as indicated. Aves 4. navs 0.
(#7) #1829 DIANE SIEFF,
1080 WILDHURST TRAIL - VARIANCES - CONTINTJATION OF
PUBLIC HEARING - 8:21 TO 8:50
Diane Sieff and Gerald Sieff, her son, were present.
Mabi’sth explained the application had been tabled at the July 19th ineetinii to provide Mrs. Sieff
lime to consider additional hardcover removals. An amended application has been received
indicating the removal of 84 s.f. frum the 0-75’. Sea walls or rip rap remain at 76 s.f. which
ar^ not counted as hardcover in the 0-75 setback area’. Based on policy, there is 0 s.f. of
hardcover within the 0-75’ area. In the 75-250’ setback area, the applicant proposes the removal
of plastic underliner beneath the rose bed planters in the lakeshore yard and cement pads. The
8 ’x20 ’ new structure results in 160 s.f. of structural hardcover and applicant proposes removal
of nonsiructural hardcover at 391.4 s.f.
Chair Schroedcr asked applicant if additional hardcover could be removed in the driveway area?
Mrs. Sieff replied that part of the driveway is shared by her neighbor during bad weather.
Chair Schroeder questioned the possibility of driveway reduction in the area closer to the
attached garage.
Mabusth asked if it could be reduced where the doors meet?
Mrs. Sieff did not acree.
Chair Schroeder stated the removal of plastic underliner is a good step but is difficult to count
as a reduction.
Mrs. Sieff asked if nonstructural hardcover is counted against her in the hardcover study, why
can’t it be counted as a removal?
MINUTES OF THE ORONO PLANNING COMMISSION MEETLNG
HELD AliGUST 16, 1993
ZONING FILE /j'1829 - CONT.
Chair Schroeder said that was a good question but plastic has a way of returning.
Mabusth explained that structural hardcover is more permanent.
Mrs. Sieff said she understood but that City lists all improvements as credited against hardcover.
Nolan questionetl removal of the driveway portion past the detached garage.
Mrs. Sieff explained in bad weather her neighbor comes down and around in her driveway and
up the hill.
Nolan said he noticed vegetation across the driveway indicating that nobody ever uses it.
Gerald Sieff icplied the overgrowth had recently been trimmed.
Nolan added that the lower driveway is clearly the sater of the two driveways and asked Mrs.
Sieff if she is able to use the other driveway in the winter time.
Mrs. Sieff said that she does not attempt it but occasionally comes down it.
Nolan suggested a plan to decrease a portion of the driveway thus reducing hardcover by 750-
1,000 s.f. He asked if the concrete pad that provides access to the side of the garage could be
eliminated.
Mrs. Sieff replied the little ramp is for the lawn tractor and snow blower.
Nolan said he noticed an overhead door out the front and inquired it there was a water problem
because of the ramp.
Mrs. Sieff answered that heavy rains cause water to run down on top of the front and in the
garage.
Gerald Sieff stated that all hardcover with the exception of the added deck area was constructed
before 1975 which was prior to the ordinance being in effect. To keep the added area, their
proposal is to give up double hardcover removals with structural hardcover being the shed,
plastic and concrete slabs.
Schroeder questioned when the expanded deck was built?
8
MINUTES OF THE ORONO PLANNING COMMISSION MEETLNG
HELD AUGUST 16, 1993
ZONING FILE #1829 - CONT.
Mabusih explained sometime in 1991 existing decks were repaired and tlie 160 s.f. of deck
expansi<m was completed.
Gerald Sieff reiterated that within the 0-75' zone, which seems to he of most concern, they
propose to reduce hardcover to 0% plus the rose beds and the concrete slabs which arc over 3
times the area.
Chair Schroeder asked if the driveway could be a viable reduction.
Gerald Sieff replied there is no way to change the driveway because the neighbor uses it. If
w'e take out the driveway, the neightx^r won ’t get out unless .she puts more hardcover in
betw'een our two driveways at a lower place. He felt they are being victimized because the deck
was put up without his mother ’s consent or notice by her former husband.
Chair Schroeder explained it has nothing to do with personal relationships but is an attempt to
reduce hardcover at the margin. We think you have made a good start. The shed is an
important removal in the 0-75’ setback and the plastic is something the City supports.
Smith suggested if applicants feel strongly about having two driveways, perhaps there are some
opportunities to make tradeoffs in terms of the deck or portions of it instead of simply removing
plastic.
Chair Schroeder stated the excess is considerable in the 75-250’ setback area and we are trying
to suggest a few alternatives to remove more.
Gerald Sieff felt that the impression he is getting is they have a choice to either remove 160’ of
deck or over 500’ of other hardcover.
Mabusth clarified in ca.ses where excesses in hardcover exist on a property, the improvements
would have required variance approval for structural repairs to existing decks not just for the
expanded deck area. A problem for applicant is that you credit all hardcover the same. Does
he want a letter from the neighbor claiming a hardship if they renn)ve that section of driveway?
Smith offered suggestions to remove the planters altogether and have the deck stop at that point
Mrs. Sieff asked if you are just talking about removing the timbers.
4
MINUTES OF THE ORONO PLANNLNG COMMISSION MEETING
HELO AUGUST 16, 1993
ZONING FILE #1829 - CONT.
Gerald Sieff said that would give an additional 15 s.f. He added that plans had been looked at
many times and are reduced as much as possible. He reiterated the problem they have with
countinu structural hardcover and lack ot categorization between blacktop or fabric underliner,
gravel driveways or stone walkways.
Schroeder noted that was a fair point.
Mabusth suggested an ordinance amendment may be needed or an otficial policy defining
structural and nonstructural improvements where excesses of hardcover exist on a property.
It was moved by Peterson, seconded by Chair Schroeder, to recommend approval ot Application
#1829 for Diane E. Sieff. 1080 Wildhurst Trail, for the hardcover variances proposed with the
understanding there will be a removals in the 0-75' of the shed and in the 75-250 of the
concrete pads and plastic. Ayes 2, nays 2. Motion was voted against by Smith and Nolan.
Chair Schroeder stated the motion does not carry' it and goes to Council as a draw on September
13th.
(#6) #1851 ORONO WOODLANDS, INC/PAUL PHILLIPS,
2100/2140 SIXTH AVENUE NORTH - SUBDIVISION OF A LOT LINE
REARRANGEMENT - PUBLIC HEARING 8:52 TO 9:05
The Affidavit of Publication and Certificate of Mailing were noted.
Paul Phillips was present.
Mabusth explained that Orono Woodlands, Inc. has a failed .septic system because it was
undersized and trenches were too deep. The alternate site was destroyed during construction.
Applicant seeks areas outside of the cunent boundaries of the property to the southwest which
meets the 20' re(|uired setbacK. At this point, there is no alternate site on the property. An
equal exchange of land is proposed witn this subdivision. The shed located on the new lot line
must be relocated. There arc no records of permits being issued. Drainage and utility
easements must be vacated and new easements dedicated. Because of the complexity of the
metes and bounds de.scription. the City is recommending that we proceed with a plat. As there
is an emergency need for installation of the septic system, staff recommends that after vacation
easements "are filed, applicant be allowed to proceed with construction of the septic.
\nNUTES OF THE ORONO PLANNING COMMISSION MEETINT;
HELD AUGUST 16, 1993
ZONING FILE #1851 - CONT.
Peterson asked how the discharge of the water softener through an independent separate facility
would be accomplished.
Mabusih stated it would be an outlet to the rear of property. Water softeners create a burden
for rural properties. Although the soft water h clean, it does have an impact on a septic system
especially one that is under heavy usage.
Nolan asked about the relocation of the two buildings as the back drops off significantly.
Phillips stated that one is all right and the other one can be pushed back 10’ if necessary. The
front one which is too close to the line is used for tool storage and will not be on Woodlands
property. He will give pemiission for use on his property. The one funher back is okay where
it is and has a primary use for storage of the lawn mower.
Smith asked why the property line wasn't even when there was an even exchange of property.
Phillips explained that he is giving up 6,000 s.f. in the southern corner near County Road 6.
It is needed to accommodate a future 2-acre lot in the front half of his 4 1/2 acre lot.
Mabusth stated the recent survey suggests the existing structure is not 30’ from the west side lot
line. This would be an attempt to bring it into conformity along the west lot line.
Smith inquired what precautions can be made to ensure that similar septic problems don’t arise
in the future.
Mabusth said meters arc used in rural areas. The site evaluator has also provided procedures
to protect and define septic areas w-here questionable uses exist.
Phillips commented he thought he had a secondary site with a good primary septic but instead
found it to be poorly designed and constructed and also inspected by the City poorly. The City
should have detected that it w'as undersized.
Mabusth replied it would appear that the water use was not anticipated.
Phillips said the architect, builder and everybody knew precisely what the home was to be used
for. He is not a water expert so was not aware of the problems.
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD AUGUST 16, 1993
ZONING FILE i^<1846 - COST.
Nolan added he saw a steep slope with hosta plants with mulch with fabric underneath the mulch
which was not part of the calculations.
Upin said that wasn’t part of his property and was right-of-way of County Road.
Chair Schroeder suggested removals in the driveway and asked if that could help drainage
problems?
Mrs. Upin said they have tried everything and that is why they recently repaired the driveway
because it buckles underneath from all the water.
Cliair Schroeder asked if there is a way to remove corners by walkway.
Mabusth asked about the landscape areas.
Mrs. Upin slated there is some in the front but there is no plastic near the house. It was done
strictly to prevent additional water damage.
Chair Schroeder stated there are possibly reductions of some additiortal 200’.
Mabusth asked the impact of removing concrete. She said already there is a reduction in the 0-
75 ’ of 3.3% and applicants did not propose any reductions in the 75-250’. You are asking for
additional removals and probably ha''e 250 s.f. of additional removals now.
Chair Schroeder said he tell it was a decent effort and because of the lot topography and special
drainage concerns there is not a lot more to do.
It was moved by Schroeder, seconded by Peterson to approve Application #1846 for Alan and
I^*slee Upin, 740 Tonkawa Road, for the following variances - average lakeshore setback of
5’, lakeshore setback variance at 65’ for a 10 ’ variance, hardcover in the 0-75 ’ reduced by 200
s.f. to 394 s.f., 75-250 ’ reductions as indicated with a total hardcover somewhere closer to
5,000. Removals need to b<? completed prior to the beginning of the new construction. Ayes
4, navs 0.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD AUGUST 16, 1993
{m /!fl850 JAMES SPINNER,
940 NORTH ARM DRIVE -
VARIANCES - PUBLIC HEARING 9:31 TO 9:55 P.M.
James Spinner was present.
Mabusth explained that applicant propo.ses a 12’x22* garage stall addition to the existing attached
garage. It will be placed over existing haidcover. The impact will be minimal on lakcshore
views of adjacent residences. Applicants* contractor did not provide complete hardcover tacts.
Nolan pointed out a concrete patio about 6 or 8’ which runs along the length of the addition
which was not shown on the hardcover fact sheet.
Spinner answered there would be a water problem in the basement if removed.
Mabusth stated that would be about 222 s.f. added to the 75-250*.
Chair Schroeder asked if he thought about the pool area or any other areas that can be removed.
Spinner said the pool area has crushed rock and a small slab is tilted out ajjainst the crushed rock
which is needed for drainage.
Mabusth explained if the crushed rock is placed on existing grade, it isn’t counted as hardcover.
Nolan asked if the sidewalk could be narrowed to be the width, of a traditional sidewalk and be
ke|)t almost under your overhang. Would you consider removing sidewalk up to the garage.
Spinner said he could do that but the problem is the pad at grade. There is some debris on the
stairs right now and part of it is crushed rock and when you get back up it becomes level.
Nolan inquired if it could be removed withou* sub.stantial erosion.
Spinner said he isn’t sure what is under there.
Chair Schroeder asked what is supporting tliai pad now.
Spinner answered it is timbers which were present when he bought the house 15 years ago and
the asphalt drivewuiy has been there since the house was built approximately 25 years.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD AUGUST 16, 1993
ZONING FILE #1850 - CONT.
Mabusth inquired if the contractor mentioned the hardcover issues and the tact that he was aNked
to come back with a proposal showing needed hardcover removals in the 75-250 setback.
Spinner said he was willing to narrow' sidewalk but somewhat concerned about the pad.
Hurr suggested an updated survey be done before it goes to Council.
Nolan asked if a traditional 2 1/2’ or 1 1/2’ overhang would be considered.
Spinner said he would certainly consider it but wants to consult with his builder. He said all
the more reason to leave hardcover for wash purposes. We are talking about approximately 7
of hardcover from the proposed garage to east.
Chair Schroeder asked if anything can be done tonight.
Mabusth stated she cannot recommend anything without an updated plan as a pad and access
stairs had not been added in.
Nolan added that applicant’s builder should consider the overhang on the proposed new roof
which would cut down on structural hardcover and consider removing hardcover to the east ot
the proposed addition.
It was moved by Schroeder, seconded by Smith, to table Application #1850 for James Spinner,
940 North Arm Drive, to allow the applicant time to reconsider additional hardcover removals
and provide the City with an updated survey. Ayes 4, nays 0.
(#10) #1852 HOWARD EISINGER
3245 WAYZATA BOULEVARD -
CONDITIONAL USE PERMIT - PUBLIC HEARING - 9:55 TO 10:02 P.M.
The Affidavit of Public and Certificate of Mailing were noted.
Howard Eisinger and Cliff Reep was present.
MJNUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD At GUST 16, 1993
ZONING FILE - CONT.
Mabuslh explained that this is a 12 acre former dump site that was closed in the early '70s. The
City limited applicant's first permit to 100,000 cubic yards but fill was never received under the
first permit. The second application came in for 10.000 cubic yards and the conditional use
permit in effect currently is for 20,000 cubic yards. Fill has been received from Stubbs Bay
sewer project and also from City of Wayzata and Watershed District for a recent lake
improvement project in Wayzata. Mr. I-isinger is represented by Cliff Reep of GL Contracting,
Inc. Mabusth asked when the final cubic yardage would be reached?
Keep replied he is not sure when they will complete the total 20,000.
Mabusth stated that all of the conditions of the original application w ill be held.
Petersen asked if he has always met every prior condition and if there were any problems.
Mabusth reported a recent problem a week ago regarding filling of tires but the matter was
cleared up.
Nolan asked why all the filling.
Hisingcr explained that he is bringing it up to a usable piece of property in some ways and fixing
the drainage. He said a driving range, storage area or playground are some of the possibilities
for use.
It was moved by Peterson, seconded by Smith to recommend approval of Application #1852 for
Howard Hisinger, 3245 Wayzata Blvd., for the conditional use permit he has requested as long
as he continues to meet all of the conditions met in the past and complies with the City
requirements. Ayes 4. nays 0.
(#12) #1845 ERNEST LEMMERMAN
1297 WILDIIURST TRAIL
SKETCH PLAN OF A PROPOSED LOT LINE REARRANGEMENT AND LOT AREA
VARIANCE - 10:02 TO 10:21 P.M.
Mr. and Mrs. F.rnest l.emmcrman were present.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD AUGUST 16, 1993
7X)NING FILE /i^l845 - CONT.
Mabuslh explained applicant seeks direction concerning approval of a proposed lot line
rearrangement and variance tor the developmer;i of a vacant lot. The access U) Mr.
Lemmerman's property is on Wildhurst Trail. He has purchased tax forfeited property and has
about 33.000 s.f. in area. The proposed lot line rearrangement will reduce the vacant lot to
19.600 s.f. Mr. Lemmerman's homestead lot would be increased to 26,150 s.f.
U*mmerman explained that the undeveloped lot has an unusual shape and a steep hill. He has
proposed to exchange part of the property with a neighbor and sell part to another but nobtnly
is interested. He has been there for 36 years and has cleaned up tliat area. It has a nice view
of Forest Lake.
Chair Schroeder asked if it is a buildable lot.
Mabusth answered the lot needs variance apprtnal as it is in a I acre zone. It is sewer
approved.
Nolan asked whether it would be a benefit to rcahgn the lot for better balance. Your wall is
only a couple of feet behind your garage. The line could actually be moved further down to
balance.
Lcmmerman said that would not be a problem and noted the hill being useless. He explained
several years ago the residence had burned down an the vacant land.
Chair Schroeder stated that the issue here would be a let area variance.
Mabusth explained a lot area variance would be needed if he was to build on this parcel. A lot
width variance would not be necessary because he meets 80% of tliat but he doesn ’t meet 80%
for the required lot areas.
Lcmmerman stated that he would have no problem dropping the lot line down.
Mabusth asked if members look favorably at the current proposal for a lot line rearrangement.
It was reviewed favorably in 1985 and the Planning Commission gave a recommendation of
positive direction - formal action on a sketch plan is not required and members need only give
direction to the applicant. It would also help to determine lot lines by examining a topographic
map but we do not have any topo information.
17
MINUTES OF THE ORONO PLANNING COMMISSION MEETINi;
HELD AUGUST 16, 1993
ZONING FILE #1845 - CONT.
Peterson stated he had no problem with w hat Ixnimemian is tr>'ing to do and it seems to fit into
the rest of the neighborhood. It is an unusual piece of property. lie would like to take a look
at the topt)graphy.
Lemmerman said he has been working with it since 1986 to make it a workable situation.
Mabusth relayed information that she received a phone call from a lady who was an interested
buyer.
Lemmerman stated he had not been contacted.
Peterson said he felt Lemmerman was on the right track and to keep working with her.
Schroeder said it makes sense and is consistent with the neiehborhotxl.
(#2) #1848 CITY OF ORONO,
1940 SHORELINE DRIVE - 1000 OLD CRYSTAL BAY ROAD
COMPREHENSIVE PLAN AMENDMENT NO. 5 - MUSA BOUNDARY AMENDMENT -
PUBLIC HEARING - 10:21 TO 10:32
The Affidavit of Publication and Certificate of Mailing were noted.
Mabusth explained that both properties are outside the MUSA boundary lines. The septic system
at 1940 Shoreline Drive has a failing septic system. The applicant seeks approval of a
connection to an existing sewer line at the southwest corner. The property is approximately 2
acres in area. Tlie adjacent property owmer, Mr. Morse, and the railroad do not have a problem
with the amendment as proposed.
Peterson commented that we should encourage these hookups to eliminate septic system.
Mabusth said they should be encouraged in the shorelanU areas and this is a property that is
located w'ithin a 100’.
CaLahan said you can't be connected to the sewer unless you get the approval of Metropolitan
Council. The other connection imolved here is the Melamed property so you are being asked
to approve those two MUSA lines.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD AUGUST 16, 1993
ZONING FILE /S'lSOS - CONT
Peterson stated that it is in the City's long-term N st interest to get people hooked up to sewer
if at all possible.
Callahan said he is not at all sure if Metropolitan Council feels it is in their best interest.
Nolan asked because of the additional capacity they don’t feel they have it.
Mabusth explained in connection with the Orono sewer property, we are asking for a portion of
the property to be included in the MUSA. We have received conceptual approval from the Park
Board to take 5 acres of land from Norerenberg Park located in MUSA in exchange tor a 4 1/2
acre parcel of City land.
Peterson inquired if a trade is necessary'^
Mabusth explained that is how it is kept as a simple Comp Plan Amendment. They will give
us no problem with Mr. Nettles' shoreland property but interior undeveloped rural areas are
looked upon differently although we could certainly claim shoreland area as it is on a Natural
Environment Lake. We will check on this matter.
Peterson asked if the homeowner pays for all costs.
Mabusth said the owner pays approximately S 17,000 tor sewer connection to City and a hookup
fee to create new stub.
Peterson asked if the park status would change in the future and may want to be tied into
MUSA.
Hurr commented it is stipulated to not even have walking paths.
Mabusth noted the area is a peninsula and based on setbacks would not bt buildable.
It was moved by Smith, seconded by Schroeder, to recommend approval o*'Application #1848
Ci.y of Orono. 1940 Shoreline Drive - 1000 Old Crystal Bay Road, Comprehensive Plan
^mendment No. 5 with the stipulation that they are going to look into possibly not having an
exchange of property if Environmental Lake area could be considered. Ayes 4, nays 0.
MINUTES OF THE ORONO PLANNING COMMISSION MEETINC;
HELD AUGUST 16, 1993
(#13) REPORT BY PLANNING COMMISSION REPRESENTATIVE
Smith reported the application for Jim Taylor at 1343 Rest Point Circle, was approved but
Mayor Callahan made the point that if physical disability is to be considered as a hardship, there
needs to be a better understanding of hardships. The Cornelius application was approved subject
to amendments with the amended resolution to be brought back to Council for the August 23rd
meeting. The application for Tom Brown at 760 South Brown Road was approved. They did
want an extra 15 s.f.
Mabusth explained the major change by Council was to allow the concrete pad to stay and be
able to be repaired as the lot had safety concerns and limitations on play areas for children.
Smith reported that Hurr felt the Planning Commission might be inconsistent with requests that
impact the 0-75 ’ setback area.
(#14) OTHER ISSUES
Chair Schroeder stated that Smith developed a survey for hand out purposes to applicants. He
has read and approved it.
Smith suggested that all applicants receive copies cf the green Community Development
Philosophy flyer.
Chair Schroeder notified everyone that a meeting to discuss flag lots was scheduled for
Wednesday at 6:30 p.m.
Callahan added the meeting would help the Planning Commission understand Council’s views
about B-2 ordinances regarding marinas and flag lots.
Schroeder stated that the storm water management and floodplain issues has been re.schcduled
to an unspecified date.
(#15) APPROVAL OF MINUTES
It was moved by Callahan, seconded by Peterson, to approve the minutes of the July 19, 1993
Planning Commission meeting. Ayes 4, nays 0.
20
f
PIANMNG COMiMISSION MEETING
MONDAY, AUGUST 16, 1993, 7:00 P.M.
2780 KELLEY P.VRKWAY - Cf)UNCIL CHAMBERS
COUTS'CIL REPRESENTATIVE JoElIeii Hurr
ATTENDANCE
SCHEDULED PUBLIC HEARINGS\PUBLIC INFORMATION MEETING
1. 7:00 p.m. /i^nSO City of Orono. 1000 Old Crystal Bay Road, - Preliminary
Subdivision - Public Hearing
7:15 p.m.
3. 7:30 p.m.
4. 8:00 p.m.
5. 8:15 p.m.
#1848 City of Orono, 1940 Shoreline Drive - 1000 Old Crystal Bay Road
- Comprehensive Plan Amendment - Public Hearing
#1844 Ken Hopkins, 65/75 Femdale Road - Subdivision of a Lot Line
Rearrangement
#1847 Micliael and Dana Barrett and James and Molly Wheeler, 2912
and 2918 Casco Point Road - Subdivision of a Lot Line Rearrangement
#1849 Estates of Barbara B. Lund and Russell T. Lund, III, 905
Tonkawa Road - Vacation of Sewer Easement
6. 8:30 p.m. #1851 Orono Woodlands, Inc. and Paul Phillips, 2100/2140 Sixth Avenue
North - Subdivision of a Lot Line Rearrangement
ACTION ITEMS - Review of these items will commence prior to or between scheduled public
hearings.
Applicants presenting variance ret]ue.sts before the Commission are asked to mote
to the podium at the front of the Chambers when their application is announced by
the Chairman.
7. #1829 Diane Sieff, 1080 Wildhurst Trail - Variances - Continuation of Public Hearing
8. #1846 Alan and Leslee Upin, 740 Tonkawa Road - Variances - Public Hearing
9. #1850 James Spinner, 940 North Arm Drive - Variance - Public Hearing
10. #1852 Howard Eisinger, 3245 Wayzata Boulevard - Conditional Use Pennit - Public
Hearing
11. #1853 Richard E. and A. Jean Engebretson, 1180 Tonkawa Road - Variances - Public
Hearing
W M ^ ^'I*'• r.c CcTni^sic^ ^ * 4 • • <to • * • • ••
PUBLIC ATTBNDANCL
CITY OF CRONO MEETING DATE SllL / O^
PLEASE FILL OUT THE INFORT-IATION REQUESTED BELOW FOR OUR CITY RECORDS.
NAME OR NUMBER
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TO:
FROM:
DATE:
/.
Flanninc Commission Members
Ron Moorse. City Adminislratnr
Jeanne A. Mabusih. Building & Zoning Administrator
Aucusi 12, 1993
SUBJECT; #1780 City of Orono, 1000 Old Crystal Bay Road - Preliminary Subdivision
Public Hearing
The City presents a subdivision of the property referred to as the sewage lagoon property*
consisting of one residential lot and an outlot for future park development. In the early planning
stages of the new* facility based on budget constraints. Council determined that portions of the
subject property would be offered for sale for residertial development. The sale of the property
has been advertised in the paper and the City has accepted a bid from a potential buyer for the
single residential lot. The following ordinances are pertinent for this review:
1. Chapter 11, Class 3 Subdivision
2. Section 10.28, Subdivision 5 (B), RR-IB Rural Residential Standards
3. Section 10.56, Shoreland Regulations - Natural Environment Lake
Total area = 36.7 acres
13.7 acres dry land
Lot 1 = total of 4.66 acres (.16 part of French Lake)
Note wetland areas (adjacent to French Lake at east side of lot) have not
been designated
Outlot A = 32.04 acres.
List of Exhibits
A - Plat Map
B - Property Owners List
C - Certificate of Mailing
D - S & P Testing Report
E - As-built
F - Detail cf Proposed Residential Lot
G - Preliminary Plat
The undeveloped property is currently serv'ed by a gravel drive that was regularly
maintained by the City when the outdoor storage yard was in use. The City s use of the
property for open yard storage has been discontinued. The existing drive will provide access
to the ftiture residential lot. Based on earlier discussions with the Public Works Director it is
not clear whether the City will maintain the ro id while tiicre is no active use proposed for Outlot
A. The MWee will provide maintenance when access to the facility is needed. The issue of
regular maintenance of road must be resolved between future property owner and City. There
is a 20’ w'ide access easement tliroughout Outlot A granted in favor of the MWCC. This has
been shown on the preliminary plat survey. The actual traveled road follows pretty much w itliin
Zoning File ^1780
August 12. 1993
Paee 2
the defined 20’ corridor. The City will grant an access easement over Out lot A providing access
to residential lot.
Review Exhibit G, building envelope has been defined for a residential lot refieeting the
150 ’ setback from the OHWL of French Lake lower basin at 930 and from the OHWL of the
sewage lagoon to the north at the 934.3. Please note the 150 ’ setback is for strucmral
development only, nonstruetural hardcover may be located within 75’ of the OHWL of the
surrounding Natural Environment Lake.
Review the topographic map of Lot 1, E.\hibit F. note drainage way that runs
northeasterly from the small wetland area at west to French Lake. The drainage from the area
flows east from Old Cr>‘stal Bay Road to French Lake and then southwesterly to Crystal Bay.
The old roadbed that intersects the northwest comer of the property shall be removed and
restored to natural ground cover. Ihe future owner will tile a conditional use as a separate
application to be reviewed at your September meeting. During your inspection of the propeny,
members will note there have been major alterations of the area to facilitate former use.
Southern portions of the residential lot are higher than the northern portions. Major cuts have
been made into the original higher elevations to permit City’s fomier use. Applicant will
attempt to restore original grades but maintain 75’ setback from OHWL of surrounding National
Environment Lakes.
Review Exhibit D, the on-site evaluator was only able to locate one on-site septic site for
the 4 1/2 acre property. The property will be served with sewer. The City proposes a Comp
Plan Amendment including the 4 1/2 acre property' within the MUSA.
Review Exhibit E. the engineer is reviewing the existing MWCC lines that intersect the
property to determine width of the utility easements to designated within the residential lot. The
drainage easement that intersects the property shall be shown at a 20’ width. The driveway
easement to be granted providing access to the residential lot should be at a minimum width of
25’. The driveway must include not only the MWCC 20’ easement but the area between the
west lot line of the residential lot and the east line of the 20’ MWCC easement. The City will
also ask for 10 ’ drainage and utility easement along lot lines of residential lot and may be
omitted adjacent to the lakeshore. The surveyor must show wetland areas between OHWL of
French Lake and dry’ buildable land of residential lot. This area will be shown as a drainage
easement but as property is sewered, the area will be credited tor density purposes.
Staff Recommendation
To approve preliminary plat application of the City of Orono for the property located at
1000 Old Crystal Bay Road finding tliat all standards of the RR-lBZoning District and Shoreland
Regulations of the City have been satisfied, subject to the follow ing conditions:
Zoning File #1780
August 12, 1993
Pace 3
1.
2.
3.
4.
5.
6.
Prior to the City graniirg final approval of the plat, the City must be in receipt
of confirmation from Metropolitan Council that the property will receive sewer.
The City to resolve isme of maintenance of driveway owned by City of Orono
providing access to MWCC facility and new residential lot.
Dedication of a 20’ drainage easemciit over existing drainage way that intersects
property.
Wetland areas within Lot 1 are to be desi.niated on final plat. It is also
recommended that the wetland area to the west side of the access drive within
Ouilot A will also be designated on the final plat.
Surveyor to determine how Natural Environment Lakes are to be shown or
designated on final plat either as lake areas or as drainage easements.
Surveyor to create legal description for access easement over Outloi A to
residential lot.
7. Based on the City Engineer’s recommendation, utility easements shall be
designated over residential lot providing access to MWCC lines.
The issue of park dedication has been addressed as City is dedicating lands within Outlot
A for future park use.
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Property owners list for the 1000. Old Crystal Bay Road - Orcno Sewer Plant
09-117-23 13 0006
Ellis Kendall
1020 Old Crystal Bay Road South
Wayzata, MN 55391
04-117-23 43 0012
Herbert & Erika Kahler
2725 Rainey Road
Wayzata, MN 55391
09-117-23 14 0001
Robert Gumnit
1100 Old Crystal Bay Road South
P.O. Box 54
Orystal Bay, MN 55323
39-117-23 14 0006
rhomas & Phyllis Colwell
1130 Old Crystal Bay Read South
fl?ayzata, MN 55391
)9-ll"-23 14 0004
. Johnston
J35 Willow Drive
4ayzata, MN 55391
19-117-23 11 0004
lobert & Joan Dayton
>465 French Lake Road
Wayzata, MN 55391
19-117-23 21 0006
lobert & Joan Dayton
!465 French Lake Road
fayzata, MN 55391
9-117-23 12 0004
letro Waste Control
150 Metro Square Bldg
It. Paul, MN 55101
09-117-23 12 0003
Leonard Carpenter
15500 Wayzata Blvd Apt 1020
Wayzata, MN 55391 t
09-117-23 12 0002
\ J Ellis
840 Old Crystal Bay Road South
Wayzata, MN 55391
1117-23 12 0001
>orge Hust
10 Old Crystal Bay Road South
lyzata, MN 55391
-117-23 44 0004
ndon Stubbs
5 Old Crystal Bay Road South
ng Lake, MN 55356
-117-/3 13 0013
ott & Susan Vickerman
85 Rainey Road
yzata, MN 55391
(3/
CERTIFICATE OF MAILING
STATE OF MINNESOT\ )
)
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 #1780, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 5th day of August, 1993.
n
Jamie Bosma
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Memo - Comprehensive Plan Amendment No. 5
August 9, 1993
Pace 2
W
.nutheasicriv corner of the property without the need for extension of City lines. A manhole
approx^^ 20- from the Nettle's property, and a direct connection to the extsunp Itnes
L be r^ade at relatively low cost to the property owner. A connectton charge ot just over
$11 000.00 will be required from the homeowner.
Mr. Nettle's has completed preliminary site evaluation which indicates a mound syste-m
i.t tv rpniiired either directlv behind the house in the teat yard, or in a flat are.i of the fro
Tard near County Road 15. 'The cost of such a system approximates the cost ot municip^
™ K ihls is 1 fikeshore property, and since the property is just over 2 acres dry
Sble and cannot b^ further suMivided or developed, it would seem appropriate to oiler the
abilfty lo connect to sewer and reduce by one the nurnber of remainmg lakeshore properties
using septic systems, one additional step in protecting Lake Minnetonka.
pr,l^ny''lhii"s ,l«igiol.l “.llalV but ijMS not buinp bis property ooj additrrurol Je«toptttent
potential.
se?hurnnhewhfc^h""sem^^^^^^
pSal for one additional building site via
hence The area of the MUSA extension including wetlands is 5.7 acres, which win ultima y
result in two sewer connections to the metropolitan system.
The need for the MUSA e.xtension and provision of municipal sewer is that the
?m"crdlfharg*s rtnvTC Lift Station No. 59, .and therefore connection to the sewer
system can be made without extending municipal sewer lines.
In order that fne acteage of developable MUSA area rn *e “
K^"ThiJ hJisVlradrh™ ten diiutsed whh Henntpin Parks officials, and they have
indicated no objection to the proposal.
The intent of an enuivalent trade resulting ^
acreage, is in response to ^ approval of this amendment. From a
potential for a timely, nonconirove^’.al re PP ^ sewered
planning perspective, because the City's tntent in this 2 acre zone
Memo - Comprehensive Plan Amendment No. 5 August 9, 1993
Page 3
or. ^ rs *
density, the integrity The lake will
be protected by hardcover ,ha„ allowed density will be created
alterations. No pressure to proposed MUSA amendment to
S S -»- n-r-" *•
Comprehensive Plan. •
Staff Recommendation
staff recommends that Planning Commission forward a recommendation to Council for
approval of the proposed MUSA boundary amendment.
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;x^Lot Line Rearrangement Only (no new building sires)
Subdivision for New Building Sites
Number of Building Sites;
pj^oposed Gross Density;
Minimum Lot Size;
Proposed Use; (check)
Existing Units
New Units
Total Units
Units per _ _ Acres
Sq Feet Dry Buildable Land
Residential
Other (specify)
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RUN DATE 06/29/95BATCH 010
PROP ADOR
OILIER NAME
TAXPAYER
NAME/AODR
58 56-U8-.:5 001100111 CHEVY CHASE DR
THOMAS L CURRY ETAL
THOrtAS L CURRY
111 CHEVY CHASE OR
HAYZATA MN 55591
HEftlEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OIAIERS LIST58 56-118-25 01 00<*700217 NORIHGATE RO
ESC ACMIAN
LAURES3 V ACKMAH
C/0 LINOTUIST A VEmMI
80 S 8TH ST SUITE 0200
MPLS 55002
REPORT NO. P1455401 PAGE 5558 56-110-25 41 004800225 NORTl'GATE RO
T C CULLUM » M fl CULLUM
T C CULLUM JR « M A CULLUM
225 NORTHGATE RO
NAY2ATA MN 55591
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PROP ADDR
OEV^ER NAME
TAXPAYER
NAME/AODR
PROP ADOR
OHNER NAME
TAXPAYER
NAME/ADOR
PROP ADOR
ONNER Name
TAXPAYER
NAME/AODR
38 56-118-25 41 0051
00220 NORTHGATE RO
A S J HILDE JR
AL HILDE JR
PO BOX 684
JACKSON HY 85001
38 36-118-25 44 0002
00045 FERNOALE GREEN
G BUHLER VENTURA ET AL
FRANK A GRETCHEN VENTURA
45 FERNOALE GREEN
HAYZATA IW 55591
58 56-118-25 44 0006
00075 FERNOALE RO N
TERRY D JOHNSON
TERRY D JOHNSON
75 FERNOALE RO N
HAYZATA MN 55591
58 56-118-23 41 0055
00058 ADDRESS UtJASSlGNEO
NORTHGATE TNO HOtlEOMMERS
NORTHGATE TWO HOMEO»»»EPS
UJKWUN
38 36-118-23 44 0004
00058 ADDRESS UtJASSIGNEO
STATE OF Mltni
STATE OF HltJN (DNRF
CLUCE LINE TRAIL»
38 56-118-23 44 0007
00070 FERNOALE GREEN
W STEINKRAUS « B MCMILLAN
HALTER J STEINKRAUS AND
BARBARA MCMILLAN
70 FERNOALE GREEN
HAYZATA MN 55391
38 36-118-25 41 0054
00038 ADDRESS UNASSIGNEO
NORTHGATE TWO HOMEO»»<ERS
HILLIAM N SITES
255 NORTHGATE RO
HAYZATA fW 55391
58 36 118-23 44 0005
00085 FERNOALE RO N
HILFRED 0 GAGNE S WIFE
H 0 GAGNE
B5 NORTH FERNOALE
HAYZATA MN 55391
38 36-118-25 44 0008
00090 FERNOALE GREEN
J R COLEMAN ADM COLEMAN
JO'IN R COLEMAN
90 FERNOALE GREEN
HAYZATA MN 55391 r,X.
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OltlER NAME
TAXPAYER
NAME/AODR
PROP AOOR
OWNER NAME
TAXPAYER
NAME/ADOR
38 36-118-23 44 0009
00100 FERNOALE GREEN
P G FARNANO « C H FARNANO
PATRICK G A CAROLYN FARNANO
100 FERNOALE GREEN
HAYZATA FW 55391
38 36-118-23 44 0014
00055 FERNOALE GREEN
H A A P 0 MUELLER
WILLIAM A MUELLER
55 FERNOALE GREEN
HAYZATA MN 55391
38 56-118-25 44 OCIO
00095 FERNOALE GREEN
CHARLES A HULSE
CHARLES A HULSE
95 FERNOALE GREEN
HAYZATA FW 55591
38 36-116-25 44 0015
00045 FERFJDALE GREEN
G BUHLER VENTURA ET AL
FRAFJK A GREFCMEN VENIURA
45 FERNOALE GREEN
HAYZATA NN 55591
58 36-110-23 44 0011
00085 r<^RNOALE GREEN
J A R ■ .:RS
JOHN A KOXAFJNE POFFERS
85 FERFFDALE GREEN
HAYZATA FtFJ 55391
58 36-118-25 44 0016
00Z05 FFORTHGATE RO
A T F10RR1S0N A V G FIORRISON
AFFGUS r A VIRGINIA FFORRISOFF
205 NORTHGATE RO
HAYZATA FIN 53591
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)!CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _________
A RESOLUTION APPROVING THE PLAT OF
FAIRWAY HILLS ADDITION
file no. 1615
wnPREAS the City of Orono is a municipal corporation
organized the laws of the State of Minnesota,
and
WHEREAS the City Council of the City of Orono has
adopted subdivision regulations for the oro- y,
safe development of land within the City; and
miEREAS. the subdivision has «°“"t,L°<,r7ind\ng
standards of the RR-IB rural "Si^ential zoning dti -
the need of any variances; and
WHEREASe a portion of the property has been
sewer and tnl 2, although both lots meet the
r:g”irrd%irars\and^°r“s forresidentlal development, and
WHEREAS, the sr‘ divider has completed all requirements
of the plaS regul‘’a\ions of the City, including:
1. completion of all the requirements of Resolution #2927.
2. Dedication on the plat of right-of-way for a public road
shown as State Highway No. 12.
3. creation of a new private driveway shown on the plat as
Outlet A.
♦- u,^^h the creation of this private driveway#4. Concurrent with the ^reari utilities and
the subdividers have dedicated to th ^ access,
access easements „“I/aaid outlet, the
improvement and ^ _ declaration of certain
subdividers have c wherein each of the abutting and/or
maintenalj^oe =°''® covenants and agrees to permanently
mriftViV and^payThe cost of maintenance for said private
driveway. ^ 3
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2970
Creation of Outlot B the remaining portions of the
property set aside for future development and currently used
by the Wayzata Country Club.
6. Dedication to the City of Flowage and Conservation
Easements providing for limitations on the use of wetlands
and drainageways described therein and shown on the plat as
drainage easements.
7. Execution of a subdividers' agreement providing for the
installation of certain improvements as a condition of
subdivision approval and the posting of a letter of credit
at 150% of actual cost of required improvements.
8. Payment to the City of a Park Dedication Fee in the
amount of $10,200.00.
9. Payment to the City for the legal review and filing of
the plat easements and covenants in the amount of $150.00.
NOW, TUEREFORE, BE IT RESOLVED that the City Council of
the City of Orono hereby approves the plat of Fairway Hills
Addition, Hennepin County, Minnesota; subject to the following
condition j
1. Permits for residential construction on both Lots 1 and
2 shall be issued by the City of Orono. Sewer and water
permits shall be issued by the City for both Lots 1 and 2.
The billing for sewer and water usage shall be the
responsibility of the City of Orono. Lot 2 has received
credit of the previously assessed water and sewer unit
charges against the property. Based on the 1991 fee
scheduled, a sewer connection charge for Lot 1 is $7,224.57
and a v/ater connection charge is $3,531.18.
2. Building permits will not be issued for new construction
until utilities are installed and the access road has been
approved by the City Engineer for safe use by municipal
inspection vehicles.
3. Final utility and road construction plans must be
approved by the City prior to installation.
4. The subdividers and future owners are hereby advised
that any granting of access easements involving Lot 2 may
decrease the two acres in area of dry contiguous lands and
that the existing standards of the RR-lB zoning district
shall be effective even though municipal service has been
provided to Lot 2.
Z a!L*i
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'EM
Established In 1962
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
INVOICE NO.
F. B. NO____
34741
REGISTERED UNDER LAWS OF STATE OF MINNESOTA
7B01 • 73rd Avenue North 560-3093
SCALE r*
o Denotft Iron Monument
□ Denotes Wood Hub Set
For Eicovotion Only
Mlnneepolij, MlnnesoU 65428 kOOO.O Denotes Existing Elevation
. Denotes Proposed Elevation
OfertlMfStP ^ Denotes Surface Drainage
I A K ________ Proposed Top of Block -— ^ / LJ
Easement --n ^ / ______ Proposed Garage Floor
/ ^’'Norfherly Corner-----Proposed Lovrett Floor
I \OutlOt A -r * B i.u-
PARCEL A
B00.4 sq.ft(0.018acres)
PARCEL B
1115.5 sq.n(0.026acre3;
800.4 9q.fl(0.018ACRES)
WITHOUT WETLAND
Type of Building -
PARCEL A
■mat part of Lot 2, Block 1, FAIRWAY HILLS
ADDITICN, lying southeasterly of a line
drawn from a point on the southwesterly
line of said Lot 2 distant 25.00 feet
northwesterly of the southeast comer of said
Lot 2 to a point on the easterly line of said
Lot 2 distant 66.63 feet northerly of the *.•
southeast comer of said Lot 2.
PARCa B
mat part of Outlot A. FAIRIVAY HILLS ADDITICN
lying westerly of a line drawn northeasterly
from a point on the west line of said Outlot
A, distant 66.33 feet northerly from the
southwest comer of said Outlot A to a point
on the nortliwest line of ‘said Oultot A, distant
312.82 feet soutliwesterly from the most northerly
comer of said Outlot A. All according to the
plat thereof on file and of record in the office
of the Registrar of Titles in and for Hennepin
County, Minnesota.
Proposed building Information must be checked with approved building
plan before excavation and construction.1
A
‘ •:
The only
client
tt shown an from plats of record or Information provided by
WW hereby certify that this Is a trua and corract representation of a survey of the
bourvlerlea of the above daecrlbed larxl and the locetlon of all bulldinga and vis
ible encroechmente. if any, from or on aekJ land.
6th July ____^3 __________Signed
Surveyeabyuathls.ftoymond A. Prasch Minn. Reg. No. f 743
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August 6,1993
Ms. Jeanne A. Mabusth,
Building and Zoning Administrator
City of Orono
Post OlTicc Bex 66
C.7sial Bay. Minnesota 55323
Rc: Ken Hoplcins Lot Rearrangement
File No. 139-1 S44 /
Dear Jeanne,
We have reviewed the proposed lot line rcurrange.ncnl for Ken Hopkins in Lot 2 and Outlet A,
Fairway HU/s Addition. The site is located north of State Highway No. 12 and west of North
Ferndale Road. The reanangement is pnjfoscd to aJIuw adequate room tn construct the private
driveway and screening berm. We would recommend approval of the proposed iot rearrangement
and site improvements contingent or the h>!lowing condition.^
The westerly side of the berm must be graded to n 3:1 (horaontal to vertical) slope. Tlus grading
should begin by n^owing the top of (he berm after the placement of trees or other types of
ploniinp. The existing location of the driveway and toe of slope should be maintained during the
grading. The slopes should be covered with topsoil, seeded with mixture 300 seed and covered
with mulch material prior to September 20th. This date la the end of the recommended planting
scastin needed to establish vegetation prior to wint .'f. If native grasses or wildflowcrs arc
propo.scd, the recommended planting .sea.son is from .Mny 1 to July 1. ' ny seeding done this year
should be dormant .seeding, done late in the fnll.
If for some reason any of the slopes do exceed 3:1, we rccom^ncnd e wood fiber blanket be
installed over the seeding to prevent erosion until adequate vegetation is established. Slopes
steeper than 3:1 will be very difScuit to maintain.
The driveway should be constructed with a 3 percent cross slope towards the berm, from west to
cast. Along the berm, a 4 inch, shoe formed, integral bituminous curb s.hcuJd be constructed to
control the drainage. Slit fence should he in.uallcd at the low area for erosion control.
PIc.xsc contact me at fhw office if you have any quc.stion.s regarding this matter.
Your.s very truly,
BONESTROO, ROSENE, ANDERUK A ASSOCIATES, INC
Shawn D. GustaEson, P.E
TO:
DATE:
Planning Commission Members
Ron Moorse, City Administrator
H./
FROM: Jeanne A. Mabusth, Building & Zoning Administrator
August 9, 1993
SUBJECT: Michael and Dana Barrett/James and Molly Wheeler, 2912/2918 Casco
Point Road - Subdivision of a Lot Line Rearrangement
Pertinent Ordinances
Section 11.03 - Definition 65 of Section C. Subdivision required as lot line
rearrangement involves properties that do meet the standards of the current zoning district, LR-
IC.
Required area = 21,780 s.f. or .5 acres, refer to Exhibit F
Proposed Parcel A = 18,579 s.f.
Proposed Parcel B + C = 16,489 s.f.
Section 66 A - Class I Subdivision. Subdivision may be completed as a Class I
subdivision as division does not involve the creation of new lots nor the creation of private
easements.
List of Exhibits
A - Application
B - Addendum
C - Plat Map
D - Propeny Owners List
E - Authorizations for Lot Line Rearrangement
F - Staff Sketch
G Survey
Review of Application
Universal Title Insurance Company has hired Mark Greene of Standke, Greene &
Greenstein, Ltd. to complete a lot line rearrangement for the above referenced property owners.
Some time in 1983 the owners of both properties agreed to lot line change whereby triangular
parcel (review Exhibit F) of Tract J (2918) was to be combined with Tract I (2912). Bo^
properties are registered properties and certificates were amended without the seeking the City s
approval. As City did not approve the subdivision of a lot line rearrangement, the taxes have
never been adjusted nor has th<. official plat map of the County recorded the lot line change.
It is the desire of the land owners to complete all the necessary steps so that the lot line
rearrangement can be finalized.
Zoning Memo #1847
August 9, 1993
Page 2
As applicant's addendum notes, the lot line as proposed now reflects the actual pattern
of usage of the properties. Upon your inspection, note the stake in the street yard and align it
with the fence along the north side lot line of 2912. This alignment proximates the side division
line. If the City had an opportunity for input in the earlier 1983 action, we would have
recommended that the lot line at least provide a 10’ setback for the principal structure at the
northwest comer. Residence structure at 2912 is located 2’ from the current division line.
Review Exhibit F, Parcel B is approximately 1,400 s.f. in area and the reduction in area would
appear to have no negative impact on Tract J or Parcel A. Tract I at 15,000 s.f. will acquire
additional area.
Applicant should be asked if impossible at this stage in this long process that an
additional 1’6" of width be given to Tract I to provide a 10’ side setback at northwest comer
of residence.
Your final recommendation of approval must include the condition that Parcel B be
legally combined with Parcel C so that tax records and County plat maps can be corrected.
CITY OF ORONO - SUBDIVISION APPLICATION
1
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PROPERTY LOCATION
Site Address 2912/2918 Casco Point Road
20-117-23-31-0029
Property Identification Number (P.I.D.) 20-117-23-31-0030
PXfiase cbecic cie — Property ______ abstract, or x torrens?
Attach legal description to application.
APPLICANT L’niversal Title Insurance Company phone (home)_______________
Namebv: —'—" Phone (work) 474-3221
4 ’V-3221
Standke, Greene & ^^eenste^, Lt^*
= .17717 Hiehwav 7 ^CitV: MinnetonkaAddress: 17717 Highway Zip :55345
OWNEK (if different than applicant)
Name see attached ________
Phone (heme)
Phone (work*
Address:Citv:Zio:
(attach list: if more tr?.n one)
EXISTING LAND USE
Number of Tax Parcels
Development Size Acres Dry Land
Acres Wet Land
Acres Totals all parcels
.' 7^ , • I >w f "t- • I
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Present Use (c^4eck)Residential; no. of units
Other (specify)_________
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Present Zoning District
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PROPOSAL Division for Tax Purposes
Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites:Existing Units
New Units
Total Units
Proposed Gross Density:
Minimum Lot Size:
Units per Acres
Sq Feet Dry Buildable Land
Proposed Use: (check)Residential
Other (specify)
INIMUM MATERIAL NEOBSSARY FOR COMPLETE PRELIMINARY APPLICATION
on Certificate of Su^-ey
this list l^o^SLepL county Department of Finance A-603 Govt Center
, As an addendxm to this application, please attach a separate list of
any other persons you wish notified of this application.
ertification by Zoning Department that Preliminary Plat Application is
omplete.
oning Official's Signature_ _ _ _ _ ____ _ _ _ _ _ _ _ _ __Date
. Payment of fees (park fees, filing fee, sewer and water assessments).
• Signed Certificate of Survey or mylar copies of formal pla .
. Title opinion.
. Easements, Covenants, etc.
• Developers Agreement and Letter of Credit.
ertification by Zoning Department that Final Plat Application is complete,
oning Official's Signature - - - ---- - - - - - - -_ _ _ _ _ _ _ _ __ _ _ _ _;
EES
Sketch Plan Review (Class I, II & III)
Subdivision of a Lot Line Rearrangement
Preliminary Review (Class I s II Subdivision)
Preliminary Review (Class III s all non—residential)
Final Plat Review (Class III)
♦(Plus any legal or engineering charges)
Renewal of Preliminary Subdivision Application
Renewal of Final Subdivision Application
$200.00
300.00
300.00
325.00 +
25.00/ijOt
175.00
150.00
100.00
he applicant hereby agrees to provide all information required ar
equested by the Zoning Administrator, City Engineer, City Attorney,
lanning Commission and Council necessary to process this application and
urther agrees to pay all additional fees established by ordinance.
Universal Title
by: Standke, Greene & Greenstein, Ltd. / ^yU
pplicant's Signature ----- ---_____________________ Date J.-----------
by: Mark. E^-Gt^^ne /
Datewner's Signature See separate authorizations ________
.pplicant must have all submittals into the City offices 25 ^5®
-lanning Commission Meeting. Planning Commission Meetings are
-bird Monday of each month. Applicants must be present at a 13.
-evlew meetings of the Planning Commission and Counci3 . If an applicant
inable to attend a scheduled meeting, please make arrangements to
uthorized agent attend in your place and to advise the Building & zon g
:ffice of this change prior to the meeting.
r:v u I
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EXPLANATION:n • —
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The applicant is a title insurance company which has insured
title to 2918 Casco Point Road. The applicant is seeking a
lot line rearrangement to coincide with the premises as actu
ally occupied and as has appeared in the records of the Reg
istrar of Titles since at least 1983.
Each of the lots involved has a single family residence built
upon it. No purchase agreement is signed or planned.
APPLICANT'S NAME:
By:
By:
Universal Title Insurance Company,
a Division of First American Title
Insurance Company
STANDKE, GREENE & GRFENSTEIN, LTD.
Meirk E. Greene
Attorneys for Applicants
17717 Highway 7
Minnetonka, Minnesota 55345
Telephone: (612) 474-3221
Attorney I.D. Number 37461
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APPLICATION INFORMATION FOR LOT LINE REARRANGEMENT:
TO: THE CITY OF ORONO
Application is hereby made for approval of a lot line rear
rangement affecting the following properties:
ADDRESS OF FIRST PROPERTY:ADDRESS OF SECOND PROPERTY:
2912 Casco Point Road 2918 Casco Point Road
CURRENT LEGAL DESCRIPTION
OF ABOVE PROPERTY APPEARING
ON CERTIFICATE OF TITLE NOS.
702628 AND 697S96 IS:
CURRENT LEGAL DESCRIPTION
OF ABOVE PROPERTY APPEARING
ON CERTIFICATE OR TITLE MO.
769781 IS:
Tract I; That part of Tract
J, lying Southwesterly of a
line and its extensions drawn
from the most Southerly cor
ner of Tract J to a
point in the Northwesterly
line of said Tract J, 16
feet Northeasterly from the
most Westerly corner of said
Tract J, Registered Land
Survey No. 461, Files of
Registrar of Titles, County
of Hennepin
That part of Tract J, Regis
tered Land Survey No. 461,
Files of the Registrar of
Titles, w’hich lies North
easterly of a line and its
extensions drawn from the
most Southerly corner of said
Tract J, to a point in the
Northwesterly line of said
Tract J, 16 feet Northeasterly
from the most Westerly corner
of Tract J.
CURRENT LEGAL DESCRIPTION
FOR ABOVE ADDRESS AT CITY:
CURRENT LEGAL DESCRIPTION
FOR ABOVE ADDRESS AT CITY:
Tract I, Registered Land
Survey 461, Files of Reg
istrar of Titles, County
of Hennepin
Tract J, Registered Land
Survey 461, Files of Reg
istrar of Titles, County
of Hennepin
CURRENT PID NUMBER FOR
ADDRESS:
CURRENT PID NUMBER
FOR ADDRESS
20-117-23-31-0029 20-117-23-31-0030
OWNERS NAME, ADDRESS
AMD PHONE:
OWNERS NAME, ADDRESS
AND PHONE:
Michael Delor Barrett
Dana Marie Barrett
2912 Casco Point Road
Orono, Minnesota
(612) 471-9553
James D. Wheeler
Molly A. Wheeler
2918 Casco Point Road
Orono, Minnesota
(612) 471-9358
36* X OpA
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TAXPAYER
NAHE/ADOR
A -
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ONNER NAME
TAXPAYER
NAME/ADDR
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PROP ADDR
ONNER NAME
TAXPAYER
NAHE/ADDR
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HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OieiERS LIST38 20-117-23 31 003^0370<^ CASCO AVE ROY SCHRADER ETAL
ROY SCHRADER
3704 CASCO AVE
NAYZATA MN 55391
30 20-117-23 31 0042
03600 CASCO AVE
RICHARD J HAEFEIE A NIFE
RICHARD HAEFELE
3600 CASCO AVENUE
NAYZATA MN 55391
38 20-117-23 31 0048
02933 CASCO POINT RD ^
A F GAUISTEL JR ETAL
A F GALLISTEL
2933 CASCO PT RO
NAYZATA MN 55391
38 20-117-23 31 0051
02915 CASCO POINT RO
R C KAIL ACL KAIL
RICHARD C KAIL A CAROL KAIL
2915 CASCO POINT ROAD
NAYZATA MN 55391
38 20-117-23 31 0054
02879 CASCO POINT RD
L D A K E ELSEN
LAHRENCE D A KATHERINE ELSEN
2879 CASCO POINT ROAD
NAYZATA m 55391
38 20-117-23 31 0060
02970 CASCO POINT RD
JAB MARTINSON
JERRY A BOEtJIE MARTINSON
2970 CASCO POINT RO S
NAYZATA MN 55391
38 20-117-23 31 004003700 CASCO AVE J N DONGOSKE/P A DO^rcOSKE
JAMES N A PATRICIA DOriGOSKE
3700 CASCO AVE
NAYZATA MN 55391
38 20-117-23 31 0043
03650 CASCO AVE
CHRISTOPHER J SMITH ET AL
CHRISTOPHER J SMITH
3650 CASCO AVE
NAYZATA m 55391
38 20-117-23 31 0049
02927 CASCO POINT RO
FREDRICK JOHN HEY ET AL
F J HEY AHA FRAMPTON
2927 CASCO POINT RO
NAYZATA MN 55391
38 20-117-23 31 0052
02905 CASCO POINT RO
JAMES KEI4NETH BONERS
JAMES K BOilERS
2905 CASCO POINT RO
NAYZATA MN 55391
38 20-117-23 31 0055
02917 CASCO POINT RO
N N MAXWELL JR ETAL
WAYNE MAXWELL JR
2917 CASCO POINT RD
NAYZATA MN 55391
38 20-117-23 31 0062
02740 CAROLINE AVE
SHAROtJ G STEPMCNSOf^
SHARON G STEPHEfil^Ori
2740 CAROLINE AVE
NAYZATA m 55391
REPORT NO. PI435401 PAGE 1738 20-117-23 31 004103630 CASCO AVE P GRAFFUriOER A K GRAFFUNDER
PETER A KERRY GRAFFUNDER
3630 CASCO AV
NAYZATA m 55391
38 20-117-23 31 0047
02941 CASCO POINT RD
WILLIAM H HENNEY
WILLIAM H HEWEY
2941 CASCO POINT RO
NAYZATA m 55391
38 20-117-23 31 0050
02925 CASCO POINT RO
JOHN P SULLIVAN
JOHN P SULLIVAN
2925 CASCO POINT RD
NAYZATA MN 55391
38 20-117-23 31 0053
02895 CASCO POINT RD
RICHARD G HELSTROM ETAL
RICHARD G HELSTROM
2895 CASCO POINT RO
NAYZATA m 55391
■J
38 20-117-23 31 0058
03721 CASCO AVE
D R NELTY A M M JIN
0 R NELTY A M M JIN
3721 CASCO AVE
NAYZATA m 55391
<1
38 20-117-23 31 0063
02965 CASCO POINT RO
H H ttORAN A L M MORAN
H HAMILTON A LOIS M MORAN
2965 CASCO POINT RO
NAYZATA MN 55391
RUN DATE 0b/30/9IBATCH 007 HEr#4EPIN COUNTY PROPERTY INF0RHATI0f4 SYSTEti PROPERTY OltlERS LIST REPORT m. PI435^01 PAGE 165’
5^
PROP ADDR OHNER NAME
TAXPAYER
NANE/ADOR
56 20-117-25 51 000200058 ADDRESS UNASSIGHED ROY SCHRADER ETAL
ROY SCHRADER
570^ CASCO AVE
NAYZATA HN 55591
58 20-117-25 51 000403705 CASCO AVE CARLOTTA F CABLES
CARIOTTA F GABLES
5705 CASCO AVE
HAYZATA MN 55591
53 20-117-25 51 000505709 CASCO AVE ROBERT PRESLER
ROBERT PRESLER
3709 CASCO AVE
HAYZATA MH 55591
r
.1/
r
S
PROP ADDR
OltlER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OI8IER NAME
TAXPAYER
NAHE/ADDR
58 20-117-25 51 0020
02874 CASCO POINT RD
T N KNAPPER IDG LYON
TODD KNAPPER I DEBORAH LYON
2874 CASCO POINT RD
NAYZATA MN 55591
58 20-117-25 51 0025
00058 ADDRESS UNASSIC^D
T N KNAPPER IDG LYON
TODD KNAPPER I DEBORAH LYON
2874 CASCO POINT RD
HAYZATA HN 55591
58 20-117-25 51 0021
00038 ADDRESS UJiASSIGNED
STATE LAf4D DEPT
CITY OF ORONO
PARK
4/15/79 ST DEED 156754
58 20-117-23 51 0026
02900 CASCO POINT RD
D SIGAF005 ETAL
DONALD SIGAFOOS
2900 CASCO PT RD
HAYZATA MN 55591
50 20-117-25 51 0022
00038 ADDRESS UNASSIGNED
STATE LAND DEPT
CITY OF OROfK)
PARK
4/15/79 ST DEED 156754
50 20-117-25 51 0027
00030 ASORESS UNASSIGNED
STATE LAND DEPT
CITY OF ORONO
PARK
4/15/79 ST DEED 156754
1
PROP ADDR
ONNER NAME
TAXPAYER
NAHE/ADDR
1
PROP ADDR
ONNER NAHE
TAXPAYER
NAHE/ADDR
5v ^0-117-25 51 0028
0291U CASCO POINT RD
PHILLIP I BETTY NICCUM
PHILLIP J NICCUM
2910 CASCO PT RD
HAYZATA HN 5S391
58 20-117-25 51 0051
02914 CASCO POINT RD
B I CLASSMAN I N A CLASSMAN
BARRY I I NANCY A CLASSMAN
2914 CASCO POINT RD
HAYZATA MN 55591
38 20-117-25 51 0029
02912 CASCO POINT RD
H D BARRETT I D M BARRETT
MICHAEL D BARRETT
2912 CASCO POINT RO
HAYZATA m 55391
30 20-117-25 31 0032
02916 CASCO POINT RD
ROBERT H PONELL JR ETAL
ROBERT H PONELL JR
2916 CASCO POINT ROAD
HAYZATA rtl 55591
50 20-117-25 51 0050
02910 CASCO POINT RD
K R STARK ET AL
KENNETH R I KAREN S STARK
2910 CASCO POINT RD
HAYZATA m 55391
50 20-117-25 51 0035
02920 CASCO POINT RD
JAMES H PAUL ET AL
JAMES H PAUL
2920 CASCO PT RD
HAYZATA m 55391
V ■L
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PROP ADDR
0lt4ER NAME
TAXPAYER
NAME/ADDR
38 20-117-23 31 0054
02930 CASCO POINT RD
M E MENTH I E E MENTH
M E MENTH I E E MENTH
2950 CASCO POINT RD
HAYZATA m 55391
58 20-117-25 51 0035
02940 CASCO POINT RD
S A DANIEL I E L BULLOCK
E L BULLOCK ISA DArUEL
2940 CASCO PT RD
HAYZATA MN 55391
30 20-117-25 31 0056
02940 CASCO POINT RD
ROBERT C LAPINSKI AND HIFE
ROBERT C LAPINSKI
29^3 CASCO POINT ROAD
NAYZATA MT4 55391 d
• M, ’•
RUN DATC 06/S0/9S7i . BATCH 007. •*;r PROP ADORi
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HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OltiERS LIST REPORT NO. PIA55A01 PAGE 10SB 20-117-2S 31 0065 0003S ADDRESS UNASSIGY^ED
OHNER NAME CITY OF ORONO
TAXPAYER THE CITY OF ORONO
NAME/ADOR 1335 BROI^tl RD S
CRYSTAL BAY MN 553Z3
TOTAL BATCH 007 00037
• f •
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 COUmY DEPARTME^^T OF PROPERp^ TAXATION, TO THE KST
OF MY KNOHLEDGE AND BELIEF.
DATE^
•t * »
O.r': -y
AOTBO: IXTXON FOR LOT LIME REARRA EMENTi
TOt THE CITY OP OROMO AND OTHERS CONCERNED:
Authorization is hereby given by the undersigned owners for
Universal Title Insurance Conpany to obtain approval of the
lot line rearrangement from the City of Orono, for property
located at 2918 casco point Road, orono, Hennepin county,
Minnesota, so that the resulting legal description for such
property in records at the City of Orono will coincide with
the description for such property appearing on Certificate of
Title 769781 as set forth below:
That part of Tract J, Registered Land Survey No. 461,
of the Registrar of Titles, which lies Northeasterly of
a line and its extensions drawn from the most Southerly
corner of said Tract J, to a point in the Northwesterly
line of said Tract J, 16 feet Northeasterly from the
most Westerly corner of Tract J.
CORRBVT LEGAL DBRCRXRTION TOR ADDRESS AT CITY:
Tract J, Registered Land Survey 461, Files of Reg
istrar of Titles, County of Hennepin
Dated i <//.??/<? ^
Dated:
OWNERS:
/J2^s D. f^eeler
CT '
/
4 r.■.CGf/1. /((c (c- I
Molly A.^heeler
^LL# I oO
pyss
A.
AUTHORIZATION FOR LOT LINE REARRANGEMENT;
TO: THE CITY OF ORONO AND OTHERS CONCERNED;
Authorization is htreby given by the undersigned owners for
Universal Title Insurance Company to obtain approval of the
lot line rearrangement from the City of Orono, for property
located at 2912 Casco Point Road, Orono, Hennepin County,
Minnesota, sc that the resulting legal description for such
property in records at the City of Orono will coincide with
the description for such property appearing on Certificates
of Title 7C2628 and <''-7596 as set forth below;
nl".^
Tract I; That part of Tract J, lying Southwesterly of a
line and its extensions drawn from the most Southerly
corner of Tract J to a point in the Northwesterly
line of said Tract J, 16 feet Northeasterly from the
most Westerly,corner of said Tract J, Registered Land
Survey No. 461, Files of Registrar of Titles, County
of Hennepin
CURRENT LEGAL DESCRIPTION FOR ADDRESS AT CITY:
Tract I, Registered Land Survey 461, Files of Reg
istrar of Titles, County of Hennepin
*
/
TO:
FROM:
DATE:
SUBJECT:
Planning Commission Members
Ron Moorse, City Administrator
Jeanne A. Mabusth, Building & Zoning Administrator
August 6, 1993
#1849 Estates of Barbara B. Lund and Russell T. Lund, III,
905 Tonluvvra Fload, Vacation of Sewer Easement - Public Hearing
Pertinent Ordinance - Section 10.12, Vacation of Streets/Alleys and Public (irounds
Applicant has petitioned for the vacation of a 20 ’ sewer easement that intersects proposed
Lot A as shown on Exhibit E. The vacation application was required as a condition of
preliminary subdivision approval (Application #1818).
List of Exhibits
A - Application
B - Plat Map
C - Property Owners List
D - Resolution #3277 - Approval of 2-Lot Subdivision for Applicants
E - Preliminary Plan
Review of Application
During the review of the 2-lot subdivision in the early spring of 1993, the City found
there was no longer any public interest or need in the platted 20 ’ sewer easement dedicated at
the time of the Vasa Park Plat. Sewer service to the property is provided either in the County
Road right-ov-way or at southeast lot line of proposed Lot B. The vacation of the easement was
to be completed prior to final plat approval - review Exhibit D. The vacation was deemed
necessary as the legation of the easement would present problems with ftiture residential
development.
As required by ordinance a public hearing notice has been published and posted the
weeks of August 2nd and August 9th. The City has received no comments from adjacent
neighbors.
Staff Recommendation
Staff recommends the vacation of the sewer easement as shown and described in the plat
of Vasa Park finding no further public interest or need for easement area.
CITY OP ORONO - GENERAL LAND USE APPLICATION Y y/\
PROPERTY LOCATION // » '
Site Address ^l^^'A N .•'•■-i-! • * "■* ’• , A- - -- - - - -^ tt~Y. Y'V
Propertj Identification Number (P.I.D.) _ _ _ _ _-c-ver.*^
Please attach legal description to application if not included
on required survey. _ _ _ _ _ _ _ _ _ _ _ _ _
APPLICANT €ST^'T^ c A' AAi^AlA f, cuA-'jt Phone (home)
F* r. cuA^^ ZS'
Name /*i o_ _ _ _ _ _ _ _ _Phone (work)_ _ _ _ _ _ _ _ _ _ _ _ _ _
Address 9^S’ /^^a JAAI^A _ _ _ _ _ _City Zip SSJ
OWNER (if different than applicant) Phone (home)_ _ _ _ _ _ _ _ _ _ _ _ _ _
Ncime_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Phone _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _City _ _ _ _ _ _ _ _ _ Zip_ _ _ _ _ _
Date Property Acquired _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (month/year)
I (do) (do not) also own the adjacent parcels of land.
FEES - CONDITIONAL USE PERMITS -
_ _ _ _ $ 50.00 For each variance request with CUP application
_ _ _ _ $125.00 Residential accessory Use
_ _ _ _ $175.00 Institutional (church/ school, etc.)
$150.00 Guest House/Guest Apartments ‘*^-.-•■1; r-~”c
$150.00 Duplex Credit/Bldg --wri
' ' •* LL I**' T* 1*1*to. * M • U -.to* V • VV
$250.00 Commercial/Industrial Use ^CU
-_ _ _ $200.00 Land Alteration . .
_ _ _ Grading and filling - designated wetland or floodplain
_ _ _ Grading and filling - 101 cu. yd. or more
_____ Grading, seawall, retaining walls within 75' of lakeshore
_ _ _ _ PRD/PID - see fee schedule
Renewal Fee - $100.00 (no change from original application)
After-the-Fact Fee - Double Current Application Fee
OTHER APPLICATIONS
$200.00 Commercial Site Plan Review (+ consultant fees)
$250.00 Vacation
_ _ _ _ $175.00 Easement Vacation
$ 75.00 Easement Vacation With Subdivision
_ _ _ _ $300.00 Rezoning (PUD - refer to fee schedule)
_ _ _ $300.00 Comprehensive Plan Amendment
_ _ _ _ $100.00 Appeals
Other - see fee schedule
PRESENT USE OF PROPERTY
Present Zoning District
Present Use of Property
LR-IB
y *
X Residential
Other (specify)
DESCRIPTION OP REQUEST
Describe request in detail: A
REQUIRED SUBMITTALS
1. Completed Application Form.
2. Certified Property Owners List of owners within 350' (you can obtai
this list from Hennepin County Department of Finance A-603 Governmen
Center 348-3271).
3T Plat Map.
4. Certificate of survey (signed by a licensed surveyor).
5. Topographic survey (existing and proposed contours) if land
alterations involve changes in elevation (grades).
6. Construction plan, if applicable (see staff for requirements).
7. As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR
A WORKING 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 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 )cnowledge.
Applicant's signature Date
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.
1
;:; c.- o. .1 -55:
RUN DATE 03/24/93 BATCH 001 . HEr«4EPIH COUriTY PROPERTY IMF0RMATI0t4 SYSTEH PROPERTY OHNERS LIST REPORT NO. PI455<«01 PAGE 1PROP ADOR atCR NAHE
TAXPAYER
NANE/AOOR
PROP AODR
OIPIER NAHE
TAXPAYER
NAHE/AOOR
30 05-117-23 34 0013 00075 PARTErPOOO LA
J B HCELHANEY/J 0 HCELHAHEY
JACK B A JUDY 0 HCELHAHEY
075 PARTEIMOOO LA
LONG LAKE Ml 5535A
30 00-117-23 21 0002
00045 TO»«(AHA RO
ANN A ADELSHEIH
HRS ANN A AOELSMEIH
025 TONKAHA RO
LONG LAKE »t4 55356
30 08-117-23 12 000600990 PARTEMKMO RO
BRUCE I HARY ENGELSNA
BRUCE A HARY ENGELSNA
990 PARTEfinOO RO
LONG LAKE HN 55356
30 00-117-25 21 0003
00047 TONKAHA RO
G A C COLLINS III
GEOROE/CMARLOTTE COLLINS III
047 TONKAHA RO
IWKS LAKE HN 55356
30 00-117-23 21 000100001 TOTACAHA RO
J E A L 0 HOORE
JOHN E A LOURDES 0 HOORE
1125 MOHANK RO
MLMETTE IL 60091
50 00-117-23 21 0007
00930 PARTENHOOO RO
HALANO C A JO ELLE L IIURR
NALANO A JO ELLEN HURR
930 PARTEMKXIO ROAD
LONG LAKE HN 55356
PROP AODR
OHNCR NAHE
TAXPAYER
NAHE/ADOR
PROP ADOR
D»t4ER NAHE
TAXPAYER
NAHE/AOOR
30 00-117-23 21 0010
00925 PARTEMnOO RO
JAN SAFAR
JACK A HARY SAFAR
925 PARTENHOOO ROAD
LONG LAKE HN 55356
30 00-117-23 21 0013
00935 TOFKANA RO
HILLIAH J HCLELLAN ETAL
NILLIAM J HCLELLAN
935 TOtKAHA ROAD
LONG LAKE HN 55356
30 00-117-23 21 0011
000311 ADDRESS UJASSIGNEO
J H SAFAR A H SAFAR
JACK SAFAR
925 PARTEMKXIO RO
LONG LAKE Ml 55356
30 08-117-23 21 0014
00955 10NKAMA RO
JAM GILBERT
JAMES H A MARY M GILBERT
955 TOIXAHA RO
LONG LAKE Ml 55356
30 00-117-23 21 0012
00905 TOtKAHA RO
RUSSELL T LUND JR ETAL
RUSSELL T LUNO JR
1450 HEST LAKE ST
HPLS Ml 55400
38 08-117-23 21 0017
00960 PARTENHOOO RO
GARY H A JEAMIE M KRIMHEL
CARY H A JEANNE H KRIHHEL
960 PARTEtAiOOO RO
LONG LAKE Ml 55356
PROP AODR
OttlER NAIC
TAXPAYER
NAHE/AOOR
TOTAL BATCH 001 00012
’ .t
’ J
RUN OATR 05/24/n RAirH 001J
V
J
If
G
.V
HEItlEPIN COUNTY PROPERTY IHFORHATIOIl SYSTEH PROPERTY OHNERS LIST REPORT no. PI<i35<*01 PAGE Z
1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HEfUEPIN COUNTY DEPARTMENT OF PROPERTY^XATION, TO fffk BEST
OF Hi KNOHLEDGE AMO BELIEF. / /
DATE
CITY of ORONO
RESOLUTION TIIE CITY COUNCIL
nrrv ^ 'i i
D
A rfsolution granting preliminary
a cl^s m Sl^D^ION
FOR THE RUSSELL LUND ESTATE
. file no. 1818
^ X A onH n^Ho Anselmo authorized representatives of the
WHERE^ Tres Lund subdivision appiication with the City for
fp^totrarorrer^^^^^^^^ 'esany «-H.ed as:
Lots 1. 2 and 3. Block 1, Vasa Park. Hennepin County, Minnesota (hereinafter "the
property");
.VHEREAB.aher^ue^n.e^^^^^^^
Sg —lonte/a p.thiicdesirinv to be heard concerning tms appiication were ^iventne pp
.VHEREAS. at dieir «gui.ar ^nSg'^^
Council considered the subdiMSion appheauon of
following fmdings of fact;
1. The property is located within ^ within each
Zoning District requiring a minimum of one acre or ouuoa
newly created ’.ot.
1 f A -a nrre«? all of which is considered dry2. The property contams a total of 6.j a
buildable.
3.
4.
5.
requirements. Lot A proposed at 3.03 acres, loi d y y
Lot A is 303- measured in a straight line at the shoreline and 2W at the 75'
setback area where 140’ lot width is required.
Lot B is 280-+ measured in a straight line at ±e shoreline and 275' at the 75
Page 1 of 4
foBifiSIMftM
CITY of ORONO
RESOLUTION OF THE UTY COUTS'CIL
.?"NO,O •-/ i » » < « - *_
6.
7.
A.
setback area where 140’ width is requited.
P,ch lot shall retain a separate access at County Road 135 or Tontawa Road
Net iaess to serve Lot A must be approved by Hennepin County. Department
of Transportation.
r, T R th- d-veloned lot. has an e.xcess of hardcover within the 0-75’
setback a^ea TTie Planning Commission recommended approval of
Sfexc°;st^fover wtL^^ proposed lot based on the following fmdings:
To reouirc a lot line readjustment to include over a one-half acre of area
withto the 250-500’ setback area, would result m Lot A's future residence
being developed closer to the lake.
If proposed house on Lot A is to be consttucted ^
Ci^ would be encouraging a variance to the average lakeshore setback.
■me Lot B at 3.27 acre has a total of 16.6% ^dcover Hardcover within
rjie 75-250’ setback area is at 4.68% where -5 /o is o
5 73% hardcover exists within the 0-75’ setback area. A major part of
L hidcover consists of a portion of a concrete and a^Mt j^p^t
was installed years ago with the development of the pro pcny -
nrovides access to the lakeshore. Apphcants have agreed to rem
'al^poXn of the ramp and to reinstaU with an access structure that
conforms to current shoreland standards.
NOW. THEREFORE, BE IT R^SOL^D.
of the fmdings noted above, ^e Ci^ ° the survey dated June 12.!sris“ »
the following conditions:
Prior to final approval applicgnts sbaU file a vacadon applicanon for the 20’
sewer easement that encroaches within Lot A.
B.
C.
D.
1.
Page 2 of 4
trnmioakomi
k
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
r> o ‘7 -TNO. ^ ^ - • ----------
2.
The foUowing structures shall be removed prior to final plat approval;
A.Shad on proposed shared lot line.
B
c onH base to be removed. Antenna base located wito
tatl^TshXbTallowed to remain as long as anchor bolts are removed to
level of e.xisting paved kennel floor.
J.
sateiute dishes and other items stored on undeveloped lot to be removed prior to
final plat approval.
4.
250 ’ setback area.
weehs
the month:
1.
• .u f^^rm nf two 12) mylar copies and one (1) copy
a kw A — —
Lor lines platted per preliminary s^ey by Mark S. Gronberg dated June
12, 1992, revised March 25, 1993.
B.p :fcl‘^sid"nta/propT^ iSf
C. Naming of plat.
Lesal documents required:
omers with property interest _
other documents affected by such mterest.
Page 3 of 4
CITY of ORONO
RESOLUTION 0^ pffi 9T\' COUNCIL
NO.^ *
to
B.
-me applicants must ptovide cattif.eJ copies of all tecotded easements
currently arfecting the property.
3.Fees to be paid: Total due: $375.00*
A. Final plat fee = 5175.00
B.Legal review and filing fee -- $200.00
.me two lot .-Msion J^tSat'a ^^.^Tdicr ^
d:;:"“Applfanfwm be advised as soon as tbe fee has been detetmined.
f I L ^XT^
Adopted by the City CouncU of the City of Otono. Minnesota at a re^lar meetin
held this 10th day of May, 1993.
ATTEST:
Edward J. CallaJ^, Jr., Mayor
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
ntiviNJC.ru't )
me foregoing instrument & a^^letkrf the City of
1993 by Edward J. CaUahan, Jr. & Dorothy M. on behalf of the
Orono a Minnesota municipal corporation and sa.d mstrument vas
City.
CAflOLE A. HASEMAN
NOTAHy PUiUC—UiMOOTA
HENNEPIN COUNTY
Ur COWitSSON EVIRO f^gt
Notary Public
Paae 4 of 4
«'i
I
'■i Co. Rd. No. 135
N 4^' ^0*'w
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To;
From:
Date:
Subject:
Orono Planning Commission Members
Mayor Callahan and Orono Councilmembcrs
Ron Moorse. City Administrator
Jeanne A. Mabusth. Building & Zoning Administrator
August 11. 1993
#1851 Orono Woodlands, Inc./Paul Phillips, 2100/2140 Sixtli Avenue North
Subdivision of a Lot Line Rearrangement - Ihiblic Hearing
Orono Woodlands, Inc. located at 2100 Sixth Avenue North has a failing septic system.
The alternate site approved with an earlier subdivision was destroyed during construction of the
facility. The current system must be replaced. The neighbor to the west, Mr. Phillips, has
offered to sell additional land for a new conforming sepiic system but has also asked for equal
area in remm. The following ordinance is peninent for this review:
#
wSection 11.03, Subdivision 2, Definition 66 (A) (1 3) - The subdivision involves the lot
line rearrangement of platted properties with drainage and utility easements that run along
the boundaries. It will be necessary to have applicants grant drainage and utility
easements along the adjusted boundary line and to vacate the existing drainage and utility
easements adjacent to former shared lot line (review Exhibit E).
List of Exhibits
A - Application
B - Plat Map
C - Property Owners List
D - Septic Testing Map/Memo
E - Staff Sketch
F - Survey of.' at 4, Block 1, Phillips Residential Lot
G - Survey of Lot Line Rearrangement
Review of Application
The applicants have filed for a lot line rearrangement creating a 55 x 118’ parcel. Parcel
C. at the southeast comer of the Phillips’ property. Parcel A, to be combined with the Orono
Woodlands. Parcel B, for the purpose of installing a new confonning septic system.
Parcel D, review Exhibit E, is the odd-shaped parcel of equal area tc be combined with
Parcel A. Phillips claims that current residence is located less than 30’ from the side lot line
and the additional 5’ along the north will piovide a 32’+ setback. Reviev/ Exhibit F, the
building p>ermil survey shows a 31’+ setback. The shed located on the new lot line must be
relocated to meet 10 ’ setback. The City has no record of permits being issued for either shed
and by ordinance would have been .required to have been placed at or behind front line of
principal structures. If shed or sheds are to be relocated, they should be placed in conforming
setback areas.
The drainage and utility easements that exist along the former lot line must be vacated
and new easements dedicated. Applicant shall file a vacation application for the September
Planning Commission meeting. In fact, applicant and applicant ’s surveyor concur that because
of the complexity of the metes and bounds descriptions that they will proceed with a plat to
complete the division.
The existing septic system on Parcel B is failing due to the strong clay soils and the high
water table. The original estimates for water use were based on a six-bedroom design and
proved to be inadequate for the special uses within the Orono Woodlands. Inc. facility. The
existing system was undersized for the proposed level of use. In June of 1993 a meter was
installed to analyze water use levels and the findings have assisted the on-site septic evaluator
in determining the design of system. Steve Schirmers has made specific recommendations to
Orono Woodlands Homes to ensure satisfactory installation of the proposed system and these
conditions will be incorporated as conditions of approval of this subdivision.
As already noted above, the alternate site was destroyed at the time of the construction
of the facility by compaction from construction vehicles. Steve Weekman has confirmed that
there is no other suitable area on the property for development of an on-site septic system. The
current lot line rearrangement only provides suitable area for a single new system. Mr. Phillips
has discouraged any consideration of additional area being given to the Orono Woodlands Home
at this time because it is his intention to subdivide his 4-1- acre parcel at a future date.
Staff Recommendation
To recommend approval of a lot line rearrangement as proposed by Orono Woodlands,
Inc. and Paul Phillips for the properties located at 2100/2140 Sixth Avenue North, subject to the
following conditions:
1.If division is to be finalized as a plat, it will not be necessary to require the usual
legal combination of the substandard parcels with appropriate homestead parcels.
2.Upon the filing of the v.acation application of applicant for September planning
Commission meeting, die City will issue a permit for the installation of the new
septic system for the Woodland Hom.es because of the severe failing condition of
the current system.
3.Relocation of accessoiy structures in street yard to locations with conforming
setbacks.
4. Orono Woodlands, Inc. shall ensure that the following conditions are fuIhllcJ
concerning future septic use:
Zoning File ^1851
August 11, 1993
Pace 3
Isv
a.Discharge from water softener shall be discharged through an independent
and separate facility in an attempt to minimize impact on pressurized
mound svstem.
b.Orono Woodlands, Inc. is encouraged to maintain water meter for an
indefinite period of time to determine water use at the facility.
c.Orono Woodlands. Inc. shall ensure that all heavy equipment shall be kept
off the proposed treatment area before and after construction. The
treatment area must be fenced off before the installation of the system.
-------
CITY OP ORONO - SUBDIVISION APPLICATION
PROPERTY LOCATION
y..y.
Jr
/
•/
irf! V;l; f+
V '
Site Address PTOO nnd PlhO -"q. h f6th
Property Identification Number (P.I.D.) 27-11^“^^3-'^1«Q01Q __(2100taxexer.pt)
Please check one - Property x abstract or torrens?
Eckstrom Addition, Lot 2, Block 1
Attach legal description to application. Phillips Vfoodland Terrace Lot U, Block 1
APPLICANT Phone (home)
Name Orono Woodlands« Inc <Phone (work)
Address: 2100 -6th Ave. Box 507
AM mm mm mm mm mm mm mm mm m m mm mm mm mm mm mm mm m» mm mm •• **
OWNER (if different than applicant)
City: Long Lake Mn. Zip; <;s3B6
Phone (home)
Name Phone (work)
(attach list if more than one)
City;Zip:
EXISTING LAND USE
Number of Tax Parcels • • • •f f t • • -fc.
U A •
Development Size Acres Dry Land
Acres V7et Land
Acres Total, all parcels ..
• • W *
* * LU
If '■«)•*
» V* •• ■'
! M t
I V V
4-’
ILU
Present Use (check)Residential; no. of units
Other (specify)___ _ _ __
w V*
• u-u*
Present Zoning District
PROPOSAL
X
Division for Tax Purposes
Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites;Existing Units
New Units
Total’Units
Proposed Gross Density;
Minimum Lot Size:
Units per Acres
Sq Feet Dry Buildable Land 4
Proposed Use; (check)Residential
Other (specify)
2.
3.
MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
1. Completed Application Form
Preliminary Plat information on Certificate of Survey.
Certified Property Owners List of owners within 350' (you must obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
4.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date__ _ _ _ _ _ _ _ _ _
1.
2.
3.
4.
5.
Payment of fees (parlc fees, filing fee, sewer and water assessments).
Signed Certificate of Survey or mylar copies*of formal plat.
Title opinion.
Easements, Covenants, etc.
Developers Agreement and Letter of Credit.
Certification by Zoning Department that Final Plat Application is complete
Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _
FEES
_ _ S)cetch Plan Review (Class I, II & III)
^ Subdivision of a Lot Line Rearrangement
$200.00
300.00
Preliminary Review (Class I & II Subdivision)300.00
Preliminary Review (Class III S all non-residential) 325.00 +
25.00/Lot
Final Plat Review (Class III)
*(Plus any legal or engineering charges)
175.00
Renewal of Preliminary Subdivision Application
Renewal of Final Subdivision Application
150.00
100.00
/.
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, City Engineer, City Attorney,
Planning Commission and Council necessary to process this application and
further agrees to pay all additional fees established by ordinance.
Applicant's Signature ^ .
Owner's Signature c:2
/
Date
^ \f>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 to advise the Building & Zoning
Office of this change prior to the meeting.
RUN DATE 07/21/93BATCH 001PROP ADDR OHNER NAME
TAXPAYER
NAHE/AODR
PROP ADDR
Ol'INER NAME
TAXPXVER
NAME/ADDR
PROP ADDR
OI«4ER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
Ol^R NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
C PROP ADDR
Oi«4ER NAME
TAXPAYER
NAME/ADDR
HEWEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWr^ERS LIST38 27-118-23 31 000202060 SIXTH AVE N TRINITY ENG EVAN LUTH CH INC
TRINITY LUTHERAN CHURCH
2060 6TH AVE N
LONG LAKE MN 55556
38 27-118-23 31 0016
02165 SIXTH AVE N
DANIEL G S RUTH G MCPHERSON
DANIEL G S RUTH G MCPHERSON
2165 6TH AVE N
LONG LAKE HN 55356
38 27-118-23 31 0019
02085 SIXTH AVE N
J R MARESH « D J MARESH
JOHN R & DIANE J MARESH
2065 CO RO 6
ORONO MN 55356
38 27-118-23 31 0022
01090 COX FARM RO
COX BROTHERS FARM
FULLERTON PROPERTIES INC
608 2ND AVE S
MPLS MN 55602
38 27-118-23 32 0010
00038 ADDRESS UNASSIGNED
MARY B PHILLIPS
MARY B PHILLIPS
BOX 755
LONG L^'XE MN 55356
80 27-118-23 26 0001
OOOeO ADDRESS U4ASSIGNE0
DEPT OF NATURAL RESOURCES
DEPT OF NATURAL RESOURCES
1200 WARNER RO
ST PAUL MINN 55106
\
. * •
36 27-116-23 31 000502135 SIXTH AVE N RICHARD C VALITON ET AL
RICHARD A SALLY VALIT0^4
2135 COUNTY ROAD 6
LOf4G LAKE H?4 55356
38 27-118-25 31 0017
02160 SIXTH AVE N
P R A M B PHILLIPS
DOUGLAS B BR014N
2160 6TH AVE N
LOf4G LAKE MN 55356
38 27-118-23 31 0020
01095 bnmi RO N
J R MARESH S D J MARESH
JOHN MARESH A DIANE MARESH
2085 COUT4TY RO 6
ORONO m 55356
38 27-118-23 32 0008
01180 PHILLIPS OR
J J LAHTI ATM LAHTI
JOSEPH J A TERESA M LAHTI
1180 PHILLIPS DR
LOT4G LAKE m 55356
38 27-118-23 32 0016
01115 COX FARM RD
COX BROTHERS FARM
FULLERTON PROPERTIES I^4C
608 2ND AVE S
MPLS MN 55602
80 27-118-23 26 0003
02160 SIXTH AVE N
PAUL R A MARY B PHILL
DOUGLAS B BROHr4
2160 6TH AVE N
LOW LAKE m 55556
REPORT NO. PAGE PI6356011 J•38 27-118-23 31 000902100 SIXTH AVE N ORONO WOODLANDS INC
ORONO WOODLANDS INC
2160 6TH AVE N
LONG LAKE MN 55356
38 27-116-23 31 0018
02160 SIXTH AVE N
PAUL R PHILLIPS
PAUL R PHILLIPS
BOX 755
LONG LAKE m 55356 1
38 27-118-23 31 0021
01120 COX FARM RO
COX BROTHERS FARM
FULLERTON PROPERTIES VK
608 2ND AVE S
MPLS m 55602
38 27-118-23 32 0009
01200 PHILLIPS DR
PAUL R PHILLIPS
PAUL R PHILLIPS
BOX 755
LONG LAKE m 55356
80 27-118-23 23 0002
01200 PHILLIPS DR
PAUL R PHILLIPS
PAUL R PHILLIPS
BOX 755
LONG LAKE MT4 55356
80 27-118-23 26 0006
02160 SIXTH AVE N
PAUL R PHILLIPS
PAUL R PHILLIPS
BOX 755
LONG LAKE MT4 55356
%
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c RUN DATE 07/21/W
BATCH 001
C PROP AODR
OHNER NAME
TAXPAYER
NAHE/AODR
BO 27-118-2S 24 0005
01250 PHILLIPS OR
MARY B PHILLIPS
MARY B PHILLIPS
BOX 755
LONG LAKE rtl 55356
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HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST REPORT NO. P1455401
PAGE 2
BO 27-11B-23 24 0006
01200 PHILLIPS DR
MARY B PHILLIPS
MARY B PHILLIPS
POX ^55
LONG LAKE HN 55556
TOTAL BATCH 001 00020
1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF H-T KNOHLEOGE AND BELIEF.
DATE
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Nolei This systern H lo be o
the Minnesoto PoltutOA
Chapter 7080
Check all underg
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O-P TESTING, INC.Steven B. Schirmers — MPCA Cert. No. 627
951 Katydid Lane NE • St. Michael. MN 55376 • (612) 497-3566
0rb
July 19, 1993
Revised August 9, 1993
The Woodlands Inc.
2100 Co.Rd.6
Orono, Henn. Co., MN
i
This On-Site Sewage Treatment System is Designed for a Group Home
with 6-1 bedroom units at 100 gal/day plus 5 staff at 15 gal/day
= 675 gal/day. The water meter indicates an average water use of
865 gal/day with the water softner putting out 120 gal/day (244
gal/recharge every 2 days). The total water use is 745 gal/day
without the water softner. When sizing the system using a metered I
water use, multiply 1.5 times for pea)< water use = 1117 gal/day.
Designed in accordance with the Minnesota Pollution Control Agenc/^
Chapter 7080 and local ordinances.
The soils on this site are SCS soils mapped - HcB2 - Hayden clay
loam. A seasonally high water table was located at 22" to 30"
(mottled soil). Due to the seasonally high water table, a
Pressurized Mound System will need to be installed. The bottom
of the roc)< bed must be located at least 3' above the seasonally
high water table.
This site has an existing failing trench system due to the strong
clay soils with a high water table. The existing tanks may be
used upon approval by the local Inspector. Due to all the v/ater
going through a pump in the lower level, recommend to increase
the tank capacity with one additional 1500 gallon tank in front
of the existing 3-1000 gallon.
The soils at a depth of 12" have a percolation rate averaging
8.9 min/inch. Test Holes #4 & 5 are compacted and must not
be used.
A pumping chamber will neo.'. to be installed to lift the effluent
to the treatment area.
The manifold and supply line pipe must have back drainage to the pumping
chamber. The distribution pipes shall have their ends capped. Be sure
the rock and sand fill material are clean. The sod layer below the
entire mounded area must be turned over, just break up the sod, be sure
not to over work.
CONT'D
1
The Woodlands, Inc.
2100 Co.Rd.6
Orono/ Henn. Co., MN
(2)
The power supply a..d switches must be located outside the manhole and
pumping chamber in a weather proof enclosure. A warning device must
be installed with a light and sound device, this is in case of a pump
failure. Mercury floats are a good method.
1Due to the limited space, recommend to install low water use
toilets 1.5 gal/flush & low flow shower heads. ^
Due to the limited space, the system is located in the southwest
corner of the property. The lot line will need to be moved to
the west. See Site Plan for the proposed lot line.
All neighboring wells are located greater than 100' away from the
proposed treatment area.
Keep all heavy equipment off of the proposed treatment area before and
after construction. The treatment area should be marked off before
construction. This Design is not valid & the System will need to
be relocated if failure to protect the areas proposed for On-S’he
Sewage Treatment occurs.
With proper installation and maintenance, this system should have no
problem in treating septic effluent effectively.
Nothing other than gray water, (laundry, showers, etc.) human
waste & toilet tissue should be disposed of into the septic tanks.
Garbage disposals are not recommended. Smaller amounts of laundry
soaps, dish soaps, cleaning agents, etc. are better for the system.
Antibacterial soaps & chlorine agents may kill the bacteria needed
to treat septic effluent properly. Additives are not recommended,
they may cause harmful damage to your system. Recommend to pump
& clean your tanks by a certified pumper every year if you have
1 tank & every 2 years if you have 2 tanks to insure proper
maintenance.
SBS/ds
8T54'orw
TATE AID HIGHWAY NO. 6
>in assumed datun
S SURVEYED:
DLAHD TERRAC'. and Lot 2, Block ECKSTROI! ADDiTIO’.. i
^>55.00 feet o' Lot
t‘2 S ivlL^’vo^h'nf ® 1^^'- 5“-°" 2 'yinu Soufi of ts.>Liri ^ '‘"® ‘^'■awn East el right ancilcr. to the West line
St 55^or*-eero'‘salrt\*• .""'"‘•'’e-1Y o' the o? tie Southwest corner ' a« ’i ?* ? ^ lying South of a !:ne drawn Most at right angles
■n^ - MSO ,'%‘h^ r^nn Southeast corner o! said tut 4—^ on ,ppt nf tot n I •''r V. 1 , PM ! L M P '
:> tif'?r
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OF LOT 4. BLOCK 1, PHILLIPS WggDj,|g|^ AKPHtioTA®*'®'^'^ ^^'^STROM ADDITION
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45147
CO.STATE AID HIGHWAY NO. 6
,■'•••! :
o: denotes Iron Barker
All bearings are based upon an assumed datun
LEGAL DESCRIPTION OF PREMISES SURVEYED:/ /
Block 1. ECKSTROM AODIIION.
A.
B.
Lot 4. Block 1. PHILLIPS WOODLAND TERRACE, and Lot 2,
PROPOSED DESCRIPTIONS
lot 4, Block I, PHILLIPS WOOOLANO TERRACE; ALSO the Vest S.OO feet of the North 155.00 feet of Lot
2. Block 1, ECKSTROM ADDITION; ALSO that part of the West 20.00 feet said.Lot 2 lying South of the /
North 155.00 feet of said Lot 2 and lying North of a.line drawn East tt right-angles to the Uest^lne* . *
of said Lot 2 at a point on said West line distant-*115.00 feet Northerly of Hhe of the Southwest'corner .'•
of said Lot 2; EXCEPT the East 55.00 feet of said H.‘ot 4 lying South of a line drawn West at right-angles*^ *-
to the East line of said Lot 4 at a point distant 115.00 feet North of the Southeast corner-of said Lot 4.
lot 2. Block 1. ECKSTROM ADDITION; ALSO that part of the East 55.00 feet of«Lot 4. Block:J .; PHILLIPS v >
VOODLAMD TERRACE lying South of a line drawn Westat right angles to
a point distant 115.00 feet North of the Southeast corner of said Lot
the North 155.00 feet of said Lot 2; ALSO EXCEPT that part of the West 20.00 feet of-^ald.Xot 2 lying
South of the North 155.00 feet of said Lot 2 and North of a line drawn East at right angles to the f. ; ;
West line of said Lot 2 at a point on said West line distant 115.OO feet NorXher.ly of the Southwest corner
of said Lot 2. . ” • *. \ ■-»
M me aoumeasc corner.or saio LOi e«
L 4;. EXCEPT the West-5.^0 feet, of ‘ •
Jtl A ...S '. 'K
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7.
TO:
FROM:
DATE:
Planning Commission Members
Ron Moorse, City Administrator
Jeanne A. Mabusth, Building & Zoning Administrator
August 9, 1993
SUBJECT: #1829 Diane E. Sieff, 1080 Wildhurst Trail - Variance - Continuation of Public
Hearing
Status of Application
At the July 19, 1993 meeting of the Planning Commission, staff requested the application
be tabled to provide applicant with additional time to consider hardcover removals. It was
apparent that Mrs. Sieff had not participated in the preparation of the application and was really
not prepared to discuss additional removals at the meeting. Since that time staff has met with
the applicant. Applicant has presented an amended hardcover removal plan, review Exhibit D.
List of Exhibits
A - Original Site Plan
B - Floor Plan of Expanded Deck
C - Applicant ’s Amended Site Plan
D - Applicant ’s Amended Hardcover Proposal
E - Original Staff Memo 7/14/93
F - Planning Commission Action Notice 7/23/93
Review of Amended Proposal
In reviewing the hardcover facts with applicant, staff noted an error in determining
original hardcover facts within the 0-75’ setback area. Review Exhibits A and C, in the original
plan staff read the dimensions for shed in lakeshore yard at 12.9x14.2 resulting in 183.2 s.f. or
2.3% existing hardcover. The shed measures 6’2"xl4’2" resulting in 84 s.f. of hardcover.
Additional hardcover results from sea wall at lakeshore. Staff has consistently excluded the
hardcover resulting from riprap or sea walls at shoreline. Hardcover from sea wall is
approximated at 76 s.f.
Hardcover within the 0-75’ setback area, is amended as follows:
0-75’ setback area = 7,900 s.f.
Allowed = 0
Existing = 160 s.f. or 2.%
Proposed = removal of 84.4 s.f. of shed and 76 s.f. hardcover remains for sea
wall.
Mrs. Sieff s proposal includes the removal of plastic underliner beneath rose bed planters
in lakeshore yard and also the concrete slabs (rose bed planters 331.5 s.f. and a:? in earlier
Zoning File #1829
August 9, 1993
Page 2
Mrs. Sieff s proposal includes the removal of plastic underliner beneath rose bed planters
in lakeshore yard and also the concrete slabs (rose bed planters 331.5 s.f. and as in earlier
application concrete slabs at 62.6 s.f.). Hardcover within the 75-250 ’ .setback is amended as
follows:
75-250 ’ setback = 19,000 s.f.
Allowed = 4,750 s.f. or 25%
Existing = 7,5(X) s.f. or 39.5%
Original proposed = 7,592 s.f. or 39.9%
Amended proposal = 7.265.9 s.f. or 38.2% (add a 160 s.f., remove 394.1 s.f.)
Total hardcover variance = 2,515.9 s.f. or 13.2%.
Total hardcover on the property has been reduced by 1.2% (existing = 7,660 s.f.
proposed = 7,341.9 s.f.). Excess hardcover within the 0-75 ’ setback area will be removed
except for the hardcover from wall and riprap as already stated in the earlier staff memo. All
structures either remodeled or expanded meet the required setbacks.
The Planning Commission is asked to consider the amended hardcover proposal. H
Planning Commission members wish to discuss other hardcover removals, please advise staff
prior to the meeting so that accurate dimensions and hardcover percentages can be determined.
The concrete walk along the south side of the residence has been deemed necessary by applicant
because of the topography (Potential erosion along with need for access to side of garage.).
Concrete aprons adjacent to existing detached garage provide side accesses for larger
maintenance vehicle and for pedestrian access door.
Options of Action
Approval of amended application: or
Approval subject to additional removals of hardcover; or
Denial. If application is denied. Planning Commission should provide deadline date for
removal of 8’x20 ’ extension deck.
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Diane Siefi
August 3.1993
To equal the total hardcover property which was added with the deck
addition we propose to remove the following existing hardcover property:
1. We will remove the existing shed (total area ofl57.2 s.f.) in the 0 -75' zone
reducing hardcover property in that zone to 0%.
2. We will remove the existing concrete slabs 'total area of 62.6 s.f.l in the 73'
250' zone.
3. We will remove the existing carpet from the rose bed planters ' total area of
331.5 s.f I in the 75 -250 zone.
Total area of proposal:
shed
concrete slabs
rose bed planters
157.2 s f.
62.6 si.
- r31.5 s.f.
551.3 sT.
This does not only equal and exceed the total area of 160 s.f. which was added
on with the new deck extension, but is }A times the area which was added.
.1
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I
V.
TO:Planning Commission jVIembers
Ron Moorse, City Administrator
FROM:Jeanne A. Mabusth, Building & Zoning Administrator
DATE:July 14, 1993
SUBJECT: #1829 Diane E. Sieff, 1080 Wildhurst Trail - Variances - Public Hearing
Applicant has filed an after-the-fact variance application for structural improvements and
additions to existing decks completed by her former husband, Roy E. Benson. Excesses of
hardcover exist within all setback areas of the property. Additional hardcover resulted with an
8’x20 ’ extension of northwest deck resulting in a 160 s.f. of additional hardcover within the 75-
250’ setback area. Major structural repairs of the existing decks also would have required
variance approval because of the e.xcesses of hardcover within 75-250’ setback area.
Improvement of the structures did not require setback variances. The following ordinances are
pertinent for this review:
Section 10.22, Subd. 2 (A' - Hardcover review
A. 0-75 setback area = 7,900 s.f.
Allowed = 0 ’
Existing = 183.2 s.f. or 2.3%
Proposed = 0 ’
B.75-250’ setback area = 19,000 s.f.
Allowed = 4,750 s.f. or 25%
Existing = 7,500 s.f. or 39.5%
Proposed = 7,592 s.f. or 39.9% (add 160 s.f. remove 68 s.f.)
Additional hardcover = 92 s.f. or .4%
Total hardcover variance = 2,842 s.f. or 14.9%
C.250 500' setback area = 1,600 s.f.
Allowed = 480 s.f. or 30%
Existing = 580 s.f. or 36.2%
No change proposed
List of Exhibits
A - Application
B - Property Owners List
C - Plat Map
D - Benson Letter 12/26/91
E - Benson Letter 3/6/92
F - Neighbors Acknowledgment Form
G - Council Minutes 10/30/79
H - Building Permit Application 12/20/91
1
Zoning File #1829
July 14. 1993
Paee 2
I - Vang Letter 12/5/91
J - Oman Letter 2/28/92
K - Oman Letter 4/26/93
L - Survey Site Plan
M - Elevation/Profile
N - Floor Plan
O - Site Plan - Proposed
P - Letter from Neighbor
Description of Request
Existing decks at lakeside of house and at southwest comer were structurally repaired.
Deck at the northwest cu ner was expanded from a 6’x20 ’ to a 14 ’x20 ’. All strucmres meet the
required setbacks. Excesses of hardcover exist within the 75-250’ setback area. The new deck
resulted in a 160 s.f. of new strucmral hardcover. Applicant proposes the removal of the shed
within the 0-75’ setback area at 183.2 s.f. of hardcover. In addition, concrete slabs within the
75-250’ setback area shall also be removed at 68 s.f. Total hardcover on the property is reduced
by .3% and there is no longer any hardcover within the 0-75’ setback area.
In 1979 Grady Sieff, now deceased, obtained the required street setback variance for the
construction of the accessory structure in the street yard, review Exhibit G. Mr. Benson
completed the improvements without realizing the need for building permits or variance
approvals. Diane Sieff, the applicant, has filed an application after a year and a half of delays
resulting from misunderstandings and other problems.
Statement of Hardship, Unique Findings or Practical Difficulties
Please review Exhibits D and E, hardships noted by Mr. Benson in the preparation of
the land use application staff would add the following:
1. Total haidcover on the property has been reduced by .3%.
2. Applicant has proposed total removal of hardcover within the 0-75’ setback a-'ca,
3. All structures eithe*- remodeled or expanded meet required setbacks.
4.The only variance sought with this application is for hardcover within the 75-250’
setback area.
Issues for Consideration
Are there other areas of hardcover in cither 75-250’ or 250-500 setback area that could
be considered for removal?
\
CITY OF ORONO
P.O. Box 66
Crjstal Bay, MN 55323
473-7357
ZONING FILE ;S^1829
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: July 23, 1993
TO:Diane E. Sieff
1080 Wildhurst Trail
Orono, MN 55364
TYPE OF APPLICATION.After-the-Fact Variances
DATE OF MEETING: 7/21/93 VOTE: 5 FOR 0 AGAINST
The Planning Commission recommended tabling application to allow applicant additional
time to determine feasible hardcover removals within 75-250 setback area.
It will be beneficial for applicant to meet with staff before final hardcover removals are
resolved. Please contact Je nne Mabusth (473-7357) to arrange for a meeting out on the site.
Please note office hours a*e from 8:00 a.m. - 4:30 p.m. each weekday. If you wish to be
scheduled before the August 16, 1993 meeting, the City must be in receipt of your amended
hardcover proposal no later than Tuesday, August 3rd.
Please contact Jeanne Mabusth if you have any further questions.
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Zoning File #1846
August 9, 1993
Page 3
2.
3.
Should new screen porch structure be reduced in area to minimize encroachment
of lakeshore setback area?
Review Exhibit G, in reviewing the elevations for the proposed structure will
existing mamre vegetation and steep elevations at shoreline minimize visual
impact of new structure upon adjacent residences?
Planning Commission Recommendation
If additional hardcover removals are to be required as a condition ot approval, please see
that removals are completed prior to the footing inspection for the new construction.
MS
CITY OF ORONO - VARIANCE APPLICATION
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litial 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)
PROPERTY INFORMATION
Site Address ^^0 /CiD KO-LOOL- ^0:!X~d _ _ _ _ _
Property Identif, Number (P.I.D.) OS^'~//'7~^3'^3 ^ ’’’OOP ^
Attach legal description to application if not
included on required survey.
Date Property Acquired ^/3o/90_ _ _ _ _(month/year)
I (do) (@o ndt% also own the adj^acent parcels of land.
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U5.00
175.00
Ri:iEIPl-mN!< ruu
s27i}95v cool ROi U2:0
Present use of property:*
Zoning District;
residential other(specify)
APPLICANT C/.^S/de.) Phone (home) ’^'7/' S(p^ I
Name ^ fTl C~ S A I Ci f\ S , IX- Q I H_ _ _ _ Phone (work)
Address: ’7^0 ~Ton KdiOX. City: CflO/JO Zip; 5'5'3S'^
OWNER (if different than applicant)
Name 5?/WT) ^_ _ _ _ _ _
Phone (home)
Phone (work)
Address;City:Zip:
DESCRIPTION OF REQUEST Estimated Construction Cost $8.000
3 Sided, f.creened porcK ~fe> bea-Hached
Describe request in detail :~~k> ^iis~VvDCi V\^ ct-S-e.<iou.bl edoors ^5 entry
Pot-cA\'\o\^fe&e\ov\ br >cK.VNara __
VARIANCES REQUIRED
_ _ Lot Area
/
U) ('CVn roo4 V
Lot Width Hardcover Lot Coverage
Setback:Front Side Rear /Average Lakeshore
Other (specify) /uX.K'€i
HARDSHIP/DBSCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty and unusual property
conditions preventing compliance with Zoning Code requirements;- - - - -
%U1.•nu
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(attach additional sheets if necessary)
REQUIRED SUBMITTALS
All of the following information must be submitted by the application
deadline date in order for your applicatiion to be considered complete;
1. _Completed Application Form
2. 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)
3. \l Plat Map (obtained with property owners list).
4. J_Certificate of survey (signed by a licensed surveyor) to include
hardcover calculations as required (provide one (1) copy llJs"xll" for
reproduction).
5. ___Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed (provide one copy 8i{"xll").
6. _Sketches or plans of floor & elevation views (provide 1 copy 8J5"xll").
7. _^As an addendum to this 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.
ched
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 ot—^is application, and certifies that the information
supplied is true anp qo^e^ ftp /he best of his/her knowledge.
Applicant's Signature,'^Date
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, jand Council members for purposes of investiga
tion and verificdtiion of i^his/request.
Owner's Signature [1 Date
erty
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 to advise the Building & Zoning
Office of this change prior to the meeting.
MEM^PIH COlfflTY PROPERTY INFORMATION SYSTEM PROPERTY 0»mERS LIST REPORT NO. PlAJBAOlPAGE5« OS-117-2S 3S 000500755 TQNKAHA RO J « L ROGERS
JOHN E • LOIS A ROGERS
755 TOrtLiWA RO
long lake fOI 55356
38 05-117-25 35 0015 00712 TOrtCAHA RO THOMAS P GOODYEAR
THOMAS P GOODYEAR
712 TONKAHA RO
LONG LAKE MN 55356
38 05-117-23 33 001?00665 TOfACAWA RO
temple ISRAEL OF MINNEAPOLIS
TEMPLE ISRAEL OF MUflEAPOLIS
2326 EMERSON AVE S
MPLS rt4 55605
PROP AOOR
0»tCR NAME
TAXPAYER
NAME/mOOR
38 05-117-23 36 0001
00722 TONKAHA RO
JA880NR CORP TARGET BEN P/P
STANLEY S SAND1FORD
722 TONKAHA RO
LONG LAKE MN 55356
38 05-117-23 36 0002
00720 TONKAHA RO
P J MIDDLETON ET AL
P J A K J MIDDLETON
720 TONKAHA RO
LONG LAKE MN 55356
38 05-117-23 36 0003
00726 TONKAHA RO
R H A L M LARSON TRUSTEES
ROBERT H LARSON
726 TONKAHA RO
LONG LAKE MI 55356
•n
PROP AOOR
OltlER NAME
TAXPAYER
NAHE/AOOR
38 05-117-23 36 0006
00760 TOMLAHA RO
ALAN J UPIN
ALAN J UPIN
760 TONKAHA RO
LONG LAKE 104 55356
38 05-117-23 36 0005
00766 TONKAHA RO
E A CALOHELL AMT CAIONELL
EDHARD A A MARY T CALOHELL
766 TONKAHA RO
LONG LAKE MN 55356
38 05-117-23 36 0006
00750 TONKAHA RO
HENRY E BENSCN ETAL
HENRY E BENSON
750 TONKAHA RO
LONG LAKE MN 55356
1“a
PROP ADPR
OHNER NAME
TAXPAYER
NAME/ADOR
TOTAL BATCH 005 0000?
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Hardship Description
bricks. The existing patio is 17 4 x 22 5 .
The neighbors siur lines wUl "0> ^
affected because of the positions of their houses.
The porch M-ill be shielded from the neighbors
view by mature trees.
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SURVEYORS
74ISWAY2ATA SLVa MINNIAMLIS. MINNIMTA
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CERTIFICATE OF SURVEY'
Foe;ALLAN UPIN
NOTES:
SCALE: 1*30^
TOTAL LAND APEA^ 15,606 SQ.FT. £
TOTAL HARO COVER AREA* ^^TZSQFTT
HARD COVER AREA - iA-.(o%tOR TOTAL LAND AREA
A**" " / •tt/ * tsj • i %
or,. ‘-S.S,.'SO-Sor
ISCRIPTION j the southeasterly
ME-HALF OF LOT 10 AND THE NORTH- *vacV^
ESTERLY ONE-HALF OF THE
ESTERLY ONE-HALF OF LOTH,
ARTEN’S POINT FIRST DIVISION.
79.4
hereby certify that this Is a true and correct reoresenta11 on of a survey of
t boundaries of th^ land above described end of the location of a I I buI Idlng^
any^ thereon, and all visible encroechments. If ®ny, from or on said land,
ised this 7th day of* July , 1995.
ed this 16»h day of June__________,1993 . ECAH, FIELD 1 jMOWAK, IjlC
rveyoi ^
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MINMEAPOUS. MINNUCTA41
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CERTIFICATE OF SURVEY
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Foe:ALLAN UPIN SCALE! 1’=S0'
NOTES
TOTAL LANO AREA* 15^606 SQ.FT. ^
TOTAL HARO COVER AREA ^•^'JZSOFTT^
HARD COVER AREA - TOTAL LARD AREA
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SCRIPTION* THE SOUTHEASTERLY
e-HALF OF LOT 10 AND THE NORTH-
STERLY ONE-HALF OF THE NORTH-^2;f^4/A'<;
.STERLY ONE-HALF OF LOT 11.
RTEN’S POINT FIRST DIVISION
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lereby certify thol this Is a true and correct a^| * mTocI
boundaries of the land above described and o ^ from or on said landny, thereon, and all visible encroachments, if any, from or on sa,d land.
d** th i°. ^ tS >H "“V/ n,"'^ ' Jun^ ■
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000'
Existing Hardcover in Zone
/
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000'
Existing H ardcover in Zone
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D., Sidewalk
F.Landscape
AREAS
UNDERLAIN
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PLASTIC
SHEETING
G. Other
LENGTH ■WtOTH'
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Total Hardcover in Zone
Total Property A rea in Zone
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To:Orono Planning Commission Members
Mayor Callahan and Orono Councilmembers
Ron Moorse, City Administrator
From:
Date:
Subject:
Jeanne A. Mabusth, Building & Zoning Administrator
August 11, 1993
#1850 James Spinner, 940 North Arm Drive - Variances - Public Hearing
Applicant proposes installation of a 12’ x 22 ’ garage stall addition to the existing attached
garage. The structural addition will require the approval of an average lakeshore setback
variance and liardcover variances as excesses exist within the 75-250' setback area.
Pertinent Ordinances
1.Section 10.22, Subd. 1* (B) - Average lakeshore setback variance The garage addition
is to be installed to the lakeside of the existing residence. The entire residence is located
in front of the average lakeshore setback (review Exhibit G).
2. Section 10.22, Subd. 2 - Review of hardcover.
75-250’ setback area = 29,840 s.f.
Allowed = 7,460 s.f. or 25%
Existing = 9,346 s.f. or 31.3%
Proposed = 9,346 s.f. or 31.3%
No change proposed.
250-500’ setback area = 13,405 s.f.
Allowed = 4,021.5 s.f. or 30%
Existing = 741 s.f. or 5.5%
The applicant has not provided specific hardcover information on 0-75’ setback area at
9,375 s.f. Access stair appears to meet the 4 ’ width allowed for lakeshore lots with sleep
banks.
List of Exhibits
A -
B -
C -
D -
E -
F -
G -
H -
I -
Application
Addendum
Plat Map
Property Owners List
Hardcover, 75-250’ Fact Sheets
Survey
Average Lakeshore Setback Sketch
Floor Plan
Elevations
Description of Request
The applicant proposes construction of a 12’ x 22’ addition to the existing attached garage
to the lakeside of the residence. The entire structure will be placed over existing hardcover.
As already ncred. the new addition, as with the existing residence, is located in front of the
average lakeshorc setback line. An excess of 6.3% hardcover exists within the 75-250 ’ setback
area. 1 he garage addition will not result in additional paved hardcover to support backing out
maneuvers froin garage. Applicant has not offered hardcover removals in exchange for the
increase of 240 s.f. of structural hardcover. Applicant ’s consultant has been advised to contact
applicant to determine if hardcover removals will be proposed. In reviewing the hardcover
inventory fact sheet, Exhibit E, applicant ’s consultant considered total lot area in original
determinations not realizing there were excesses of hardcover.
Hardship
Review Exhibit A. Applicant claims new Shoreland Regulati ons created need for
variance review. The specific ordinances that applicant seeks variances fr^m have been in place
since 1975. In observing the*property, staff would have the following comments:
The steep elevations and the dense vegetation minimizes any visual impact of the
proposed addition on the adjacent properties. As noted in earlier reviews, a lot with a
platted corridor has limited claim on a lakeshore view The lor to the north would never
be allowed under existing zoning standards. The unique topography of this property has
resulted in the majority of residential imprv^vements being developed in more gentle
sloped area located between two steep sloped banks. Hardcover within tlie 75-500 ’
setback area is at 10,087 s.f. or 23.3%.
Issues for Consideration
1. Pending applicant ’s response to hardcover removal issue, are there areas of strucniral or
non-structural hardcover that can be removed from this property? Paving improvements
adjacent to garage are needed for safe vehicular use. In fact staff would suggest that
barriers be placed along the lakeside of the steep bank now that a garage itall will
require backing out maneuvers closer to lakeside. There may be improvements adjacent
to pool.
2. Pool and family room addition were insfallcd in 1983. At that time, water retention
areas of pools would not have been considered hardcover. Changes in policy would now
require that w’ater retention areas of pools be included as hardcover.
3. Note landscape areas with rock are not underlined with plastic or geotechnic fabric. This
includes the area to the lakeside of the residence beneath the deck and enclosed porches.
It may be possible to remove matching area of 240 s.f. of paved area adjacent to
proposed garage addition to the immediate east. Review Exhibit F.
If hardcover removals are to be included as a condition of variance approval, these
removals should be completed prior to the footing inspection for the new construction.
CITY OF ORONO - VARIANC
k • - w
^ m ^ m m
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)
V •- *. \
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PROPERTY INFORMATION
Site Address A/or.rH /9A/yi
Property Identif. Number (P.I.D.) 7-2 ? //
Attach legal description to application if not
included on required survey.
Date Property Acquired^_ _ _ _ _ _ _ _ _ _ _ _(month/year)
OOi ^
I (do) (do not) also own the adjacent parcels of land.
Present use of property;^ _ _residential _ _ _other(specify)
Zoning District;_ _ _ _ _ _ _ _ __ _ _ _ _
APPLICANT
Ncune
Phone (home) ^ ^
Phone (worlc)
Address; I City; W[\tJkleio^<A Zip;
Phone (home)OWNER (if different than applicant)
Name Sp;/JA/g^_ _ _
Phone (wor)c) "S37''/^CO
Address; Ai>City; 6^6fJQ_________Zip^g^g^.^
Estimated Construction Cost $ /CDESCRIPTION OF REQUEST
Describe request in detail; /c/ A
VARIANCES REQUIRED
_ _ Lot Area Lot Width Hardcover Lot Coverage
Setback;Front Side Rear Average Lakeshore
Other (specify!
HARDSHIP/DBSCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty and unusual property
[pnditions preven-ing compliance with Zoning Code .requirements —------
^ .... wr a \J aAiajuc£_^__jije^y^sL
conditions preven-ing comp
ArO L».T£^< fA
yfe A//am ^
(attach additional sheets if necessary)
REQUIRED SUBMITTALS
All of the following information must be submitted by the application
deadline date in order for your application to be considered complete;
1. Completed Appxication Form
2. y/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).
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 8Js"xll'' for
reproduction).
5. _ _Topographic'^ survey (existing and proposed elevations) if any changes
, in existing grade are proposed (provide one copy 8>i"xll").
Slcetches or plans of floor & elevation views (provide 1 copy 8%"xll").
_ _As an addendum to this 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 variamce application is not complete if the above
information has not been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay additional fees (staff
time not covered by original fee payment) and/or consultant expenses
incurred in review of this application, and certifies that the information
supplied is true and corfect to the best of his/her knowledge.
Applicant's Signature • Date
OWNERS SIGllATDRE
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable- entry onto the property by City staff, consultants,
agents. Commission members, Counci„^^erabers for purposes of investiga
tion and verif j •i.tion oX/iiufs reque
Owner's Signature Date
Applicant must have ^1 submit;^ls into the City offices 25 days before the
Planning Commission /Meeting. ►'Planning Commission Meetings are heJ.d on the
third Monday of eac!fi 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 S Zoning
Office of this change prior to the meeting.
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CH57
oRUM DATE 07/19/95
BATCH 002
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST
PROP AOOR
OFHER NAME
TAXPAYER
NAME/ADDR
56 07-117-25 11 0001
009^1 NORTH ARM OR
R S A M L WALLACE
ROONEY 4 MARILYN WALLACE
5155 WEEKS ROAD
EXCELSIOR MN 55551
PROP AOOR
OWNER NAME
TAXPAYER
NAME/ADDR
56 07-117-25 11 0012
00670 WINDJAMMER LA
M R HILLER t J L MILLER
MICHAEL R I JUDITH L MILLER
670 WINDJAMMER LA
HOUND MN 55564
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/AODR
56 07-117-25 11 0015
00950 NORTH ARM DR
J T OLSON ACL OLSON
JOHN T OLSON
950 NORTH ARM DR
HOUND MN 55564
PROP ADDR
DIMMER NAME
TAXPAYER
NAME/ADDR
TOTAL BATCH 002 00009
L
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REPORT NO« PI455401 PAGE 2
».
56 07-117-25 II 0002
00960 FOREST ARMS LA
B A CHAPMAN A J J CHAPMAN
B A CHAPMAN A J J CHAPMAN
960 FOREST ARMS LA
MOUND MN 55564
56 07-117-25 11 0011
00660 WINDJA^t1ER LA
DANIEL K KELLY ETAL
DANIEL K KELLY
860 WINDJMtIER LANE
MOUND MN 55564
O
J
56 07-117-25 U 0015
00860 WINDJAMMER LA
T A Y NORMAN
THOMAS W NORMAN
660 WINOJArtlER LANE
HOUND MN 55564
56 D7-II7-25 H D014
00940 NORTH ARM DR
G A J SPIM4ER
G JAMES A JUDITH SPINNER
940 N ARM DRIVE
HOUND MN 55564
..;T
Vi
56 07-117-25 11 0016
00980 NORTH ARM DR
BAR BICKNELL
BRUCE A A RHONDA J BICKNELL
960 NORTH ARM DR
HOUND MN 55564
56 07-117-25 12 0017
00920 FOREST ARMS U
R L A T B MEAKINS
ROGER L MEAKINS
920 FOREST ARMS LA
MOUND MN 55564
i
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I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE ArFC TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY_TAXATION, TQ<THE BEST
OF HY KNONLEDGE AND BELIEF.
DATI
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HARDCOVER CALC'JLATIO!! WORKSI-HT— /
SETBACK zone: (ciBC- ONE) 0-75' 250-500' 5CQ-:000'
Existing Hardccvei! in Zone
House _
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length
X to c - S • r •
X
WIDTH
i«y = /o^z S.F.*'^
A ^ iL X K?. 1(6 - ^ \y^5 • r •
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7^X L
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= /^6 S.F.
ModS^•y
3. GaRAGc
7 3-AO X S.F.
X S.F.
c. Driveway , -x —(J—
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= S.F,"'— Ir!
9^0
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D. Sidewalk ^Jl£-x__l n<S.F.
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AREAS
UNDERLAIN
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PLASTIC
SHEETING
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S.F.
S.F
S.F
X S.F
G. Other f!njzL- -- x _ S.F
Total Hardcover in Zone
Total Property Area in Zone
^7/?. S.F.
S.F.
A
B
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HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE cne ) 0-75' 75-250^ 250-500'JSOO-IOCO'
E xisting Hardcover in Zone
• •
A. House X __•
S.F.
LENGTH
X
WIDTH
•S.F.
X S.F.
.
X S.F.
X S.F.
3.Garage X S.F.
c.
•
Driveway / 3 X ^ 7 ■7 //S.F.
X S.F.
0.Sidewalk X S1 F •
X „ S.F.
X S.F.
e .’atio/
Deck
X
•S.F.
F. Landscape X
•S.F,
areas
UNDERLAIN
BY X S.F.
PLASTIC
SHEETING
X S.F.
X . S.F.
G. Other X tmm S.F.
V
Total Hardcover in Zone -nh S.F.
Total P roperty A rea IN Zone S.F.
B X 100 =%
77
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To:Orono Planning Commission Members
Mayor Callahan and Orono Councilmembers
Ron Moorst, City Administrator
From:
Date:
Subject:
Jeanne A. Mabusth. Building & Zoning Administrator
August 13, 1993
#1852 Howard Eisinger, 3245 Wayzata Boulevard
Conditional Use Permit - Public Hearing
In June of 1987, the City approved a conditional use permit to permit the filling of
100,000 cubic yards of fill over a former dump site of approximately 12 acres in area. The fill
was'to be placed at an average height of 5’. The conditional use permit expired as fill was
never received under the authority of the permit. In April of 1992, the City issued a second
conditional use permit to allow the filling of 10,000 cubic yards of till which was completed.
In October of 1992, the City approved a third conditional use permit allowing 20,000 cubic
yards of fill. The current conditional use permit involves a request for 70,000 cubic yards. The
fill material will come from a joint project between the Minnehaha Creek Watershed District and
the City of Wayzata. GL Contracting, Inc. of Medina will be in charge of the fill project. The
following ordinances are pertinent for this review:
1.Section 10.03, Subd. 19 and 20 - Conditional use permit required for filling and
grading activities in excess of 100 cubic yards.
Section 10.55, Subd. 5 (B) - 26’ setback is required for all land alteration
activities. Applicant proposes a 35’ setback.
List of Exhibits
A -
A-1-
B -
C -
D -
E -
F -
G -
H -
I -
J -
K -
L -
M -
N •
Application
Addendum
Plat Map
Property Owners List
Current MCWD Permit
Current Letter of Credit for Current CUP
DNR Letter for Current CUP
Gustafson Report 8/6/93
Site Plan
Cross Section North/South (applicable for 200,000 cubic yard proposal)
Cross Section East/West (applicable for 200,000 cubic yard proposal)
Braun Engineering Letter 5/28/87
Cook's Sketch-Typical Section of Filling Project at 100.(XX) Cubic Yards
Resolution No. 2192, Approved 6/87-First CUP
Resolution No. 3192, Approved 10/92-Current CUP
I
’J
Zoning File1852
Aui7ust 13, 1993
Page 2
Additional Information to Assist Members in Their Review of the Application
A. 10 cubic yards = 1 dump truck load
B. 20,000 cubic yards of fill placed in a 12-acrc area produces 1’ of vertical rise.
Total 100,000 cubic yards would result in 5’ vertical rise.
History of Property
Mr. Eisinger purchased the property in 1955 and in 1958 through 1970 operated a
sanitary landfill (received garbage and refuse). The applicant obtained an annual license from
the City each year of operation. In 1974 the applicant applied for a demolition landfill license
from the City but was denied. Applicant estimates that there was anywhere from 6" - 8" to
approximately 2’ of fill over the former dump prior to recent filling projects. It was applicant ’s
former practice when operating dump to place 6" - 8" of clean fill over new dump areas.
Review of Application
Applicant received approval for a total of 100.000 cubic yards in the original conditional
use permit. A major concern during that review was the potential impact on adjacent wetlands.
The Engineer was concerned that the additional load on the site could force organic materials
to move out causing a rise in the marsh area outside the fill site. Review Exhibit K. Braun
Engineering provided a report during the first review noting that there would be slight risk of
shear lailure if 5’ of soil would be placed above the top of the existing landfill. This report was
based on fill being limited to 100,000 cubic yards. The current proposal seeks approval of an
additional 70,000 cubic yards as 30,0(X) cubic yards have already been either received or will
be received within the next few months. Review E.xhibit G. Gustafson ’s report notes that if
additional fill over the total 100,000 cubic yards is to be requested by applicant in the future that
a geotechnical study of the area be submitted with application. Please note that the original CUP
of 1987 sought approval of 200,000 cubic yards and was held to 100,000 cubic yards based on
the technical facts provided for that review.
Applicant must provide updated permits for the filling of an additional 70.000 cubic
yards. It should be noted that the DNR and Hennepin County Conservation District will not
require review or permits as applicant will not be filling wetlands. Applicant will have to
provide updated review and approvals from the Minnesota Pollution Control Agency, Ilermepin
County* Department of Environment and Engineering, and the Mirmehaha Creek Watershed
District.
Staff noted in the Minnehaha Creek Watershed District’s review of the most current CUP
that a grading plan and erosion control detail were submitted in May of ’93. The City would
request copies of the plans.
Zoning File #1852
August 13, 1993
Page 3
Please review Exhibits M and N, the resolutions that granted approval of the first and
most current CUP. As Gustafson’s report notes, many of the conditions set forth in the previous
approvals will hold true for the final 70,000 cubic yard permit. Please review Exhibit A-1. The
applicant seeks approval of a two-year deadline for filling. Applicant advises the materials to
complete the current CUP will be from a project called Gleason Creek Improvements. This is
a joint project of the Minnehaha Creek Watershed District and the City of Wayzata involving
the excavation of two large ponds and sedimentation basins to reduce flooding in the City of
Wayzata. Based on applicant's approximations, it would appear that 40,000 cubic yards of
current 70,000 cubic yard permit be completed in the fall or winter of this year and that in the
second or final year, 30,000 cubic yards of fill would be placed.
Staff (Public Works Director, Police Department, Building Staff and Consultants) have
met with GL Contracting representatives and the applicant to discuss the hauling route and time
frame. Filling has already taken place under the current CUP and has proceeded without any
incident except for one inspection completed by the Building staff where it was found that trees,
fuel tanks and other construction debris were being filled over. A Stop Work Order was posted
by the Orono staff. The contractor has advised that the illegal debris has been removed.
Applicant should be cautioned that only clean fill shall be allowed and that site cannot function
as a sanitary landfill and should not be receiving materials as observed by the Building staff.
Applicant should be asked to respond to this matter.
Please note the older plans submitted for the 1987 review (Exhibits H. I and J) were
developed for an earlier application before the City and were accepted for the ’87 review. The
cross sections show fill at a 2(X),(3(X) cubic yards widi a 10’ vertical height. Review Exhibit L.
This sketch was drafted by Glenn Cook depicting a typical section for a fill project at 100,000
cubic yards limited to a 5’ vertical rise.
Applicant should be asked to comment on his future plans for this site. The property is
zoned RR-IB and could never be used for residential development nor do the various reviewing
agencies recommend that the area be ever used for the planting of crops. The Engineer ’s current
report suggests that we view the aestnetics of allowing more fill at some future time. The higher
elevations would not be consistent with the surrounding wetlands. Please remember this was
a former wetland area that was filled many years ago and was contiguous with the surrounding
wetland.
Staff Recommendation
As City has already found no issue or problem with approving 100,000 cubic yards for
this site in 1987, staff would suggest that the additional 70,()00 cubic yards be approved for
placement and filling on the site subject :o the appropriate conditions of the original Resolution
No. 2192 and the more recent conditions as set forth in Resolution No. 3192. As already noted
in the memo above, staff requests copies of a grading plan and erosion control detail submitted
Zoning File M\2>52
August 13, 1993
Page 4
to the Minnehaha Creek Watershed District in May of 1993. Prior to any filling or grading
approved under the 70,000 cubic yard permit, staff must be in receipt of a final filling and
grading plan. Erosion control shall continue to be maintained until ground cover is restored.
Staff shall ask that appropriate plates be placed in strategic areas of the fill site for examination
by Orono staff and agents of applicant.
rx'TY OP ORONO - GE^JERAL LAND USE APPLICATION
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - 2T - - -" T
PROPERTY LOCATION
'//Site Address
Property Identification Number (P.I.D.)
Please attach legal description to application if not included
on required survey. _____________________________________________________
- - - - - - - - - - - - - Phone (home) /Jy3- 7^:^applicant
^ ^ r. . Phone (work)A P ^ ) N ; 4- —- - - - - - - - - - -Name
Citv A>1/^X-4>rZipAddress ^_ _1_ __ _ _ _^- -- - - - - -
OWNER (if different than applicant) Phone (home)_
Ncune _________________________—----------------Phone
Address City Zip
a^sf^wn 'the^a^^acent Parcei^f
PEES - CONDITIONAL USE PERMITS -
$ 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
L J » I L./ »- W.tu
$150.00 Duplex Credit/Bldg
$250.00 Commercial/Industrial Use
$200.00 Land Alteration
Grading and filling - designated 'wetland or floodplain
Grading and filling - 101 cu. y . ... ^5, lakeshore
- - Grading/ seawall/ retaining walls within 75
4 VwU'VVV'
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PRD/PID - see fee schedule
Renewal Fee - $100.00 (no change from
After-the-Fact Fee - Double Current Application Fee
OTHER 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 _ 5
Rezoning (PUD - refer to fee schedule)
Comprehensive Plan Amendment
Appeals
Other - see fee schedule
J
I Present Zoning District
0
Present Use of Property
• ir
_ _ _ Residential,«
Other (specify;
DESCRIPTION OP REQUEST
Describe request in detail; ^rc ef'JiI cCr 77/-'
required submittals
1. Completed Application Form.
^^operty Owners List of owners within 3«;n' /,
this list from Hennepin County Department of obtaiCenter 348-3271). ^ department of Finance A-603 Governmer.
Plat Map.
survey (signed by a licensed surveyor)
2.
3.
4.
5.
6.
7.rirrd‘din"d^^t"o' ents).
any other persons you wish notified 'of tlfiV ap*yi?catior^^^
YOU ARE REQUIRED TO SUPPLY 30 C0PTP<; nv Tunr^-r, .>
A WORKING COPY (11- X 17- OR DOCUMENTS OR
- - - - - - - - - - - --^ DOCUMENTS SUBMITTED.
The applicant and Property Owner mu*;t ei'em 4-u • "* ——
Use Application is complete.
__ _ _ Date
APPLICANT'S SIGNATURE '
requested by the Zoi^Lifg Administrato/°I^^^ information required or
time not covered by original additional fees (staff
In review of this anni-f ^=.4.,-— __P y®ent) and/or unusual e.xpenses lncur-r*.fiin review of this application unusua^ e.xpenses Incurred
xs true and correct to the best of his/her knowledge.® information supplied
Applicant's signature
OWNERS SIGNATURE
The owner
-
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^^te )■■ U-7
Owner's signature
j:Date
iSBSiiSiffil
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G. L. Contracting, Inc 1_/
4300 Willow Dr., Medina, MN 55340
Phone (612) 478-9529 • Fax (612)478-9592
July 22. 1993
Jeanne Mabusth
City of Orono
RE: Application for Conditional Use Permit at 3245 Wayzata Dlvd.
for Howard tisinger, to place 70,000 cubic yards at an existing fill site.
Dear Ms. Mabusth:
This request is for a permit to receive conditional approval for the placement of additional
fill material at the existing site.
The new material will be coming from a joint project between the Minnehaha Creek WSD
and the City of Wayzata. The project is called the Gleason Creek Improvements - Basic
Water Management Project The work includes the excavation of two large ponding and
sedimentation basins to reduce flooding in the city.
The existing conditional permit for 20,000 cubic yards expires in October of 1994, and has a
balance of 17,000 yard remaining from previous work. Approximately 7000 cubic yards of
material will be placed in late |uly and early August under the existing permit, this
material will be coming from the smaller. Lakeside pond.
The larger pond will be constructed through the fall and winter, resulting in approximately
50,000 cubic yards of fill materird. 10,00 yards of this material will apply to the completion
of the existing pernut
The material will be hauled to the site bv tandem and/or truck and trailer. The haul route
will be from Wayzata via Hwy. 12 through Long Lake to the fill site.
We are requesting the city approve the application for a period of two years, commencing at
the time of approval. Either the owner or the contractor will provide the city with a letter
of credit for the project
Should you have any questions, please contact me at your convenience.
Respectfully Submitted,
Clifford Keep
G.L Contracting, Inc.
Equal Opportunity Employer
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I/..NNEHAHA CREEK
WATERSHED DISTRICT >
\
14600 Minnetonka Boulevard-
Minnetonka, Minnesota 55345-1597
office: (612) 939-8320 fax: (612) 939-8244
DISTRICT COORDINATOR: EHen B. Klandeman
BOARD OF MANAGERS: C. Woodrow Love • John E. Thomas • CUAson LxxJIey
Thomas Maple. Jr. ♦ Thomas W. UBounfy »Martha S. Hanfiel«PameU G. Blixt
PERMIT
Pursuant to Minnesota Statutes Chapter 102D, and on the basis of statements and
information contained in the permit application, correspondence, plans» ® ^ f
all Sher supporting data submitted by the applicant, all of which are made a
oart hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named
below for use and development of land in the Minnehaha Creek Watershed District.
July 21. 1995
e
STATE BANK OF LONG LAKE
1964 W. WAYZATA BLVD • P O BOX 636
LONG LAKE. MINNESOTA 55356-C636 • 6l2'473-7347
To: City of Orono
P.O. Box 66
Crystal Bay, IGI 55323
V/e open irrevocable stauidby Letter of Credit ?Io. 072193 in the ar.cunt of
L'.S. dollars $5,0C0, in favor of yourselves, for the account of Howard
.Hisinger; expires July 21st, 199^, at our counters. Available against
drafts di-aun at sight on State Bank of Long Lake, Howard Hisinger's project,
bearing the clause, "Drawn under Standby Letter of Credit No. 072193 at the
iite Bank of Long Lake."
Acconpanied by:
1. A beneficiary’s signed statement stating: "Howard .Hisinger has
failed to make certain payments required to be .made for ir.prove.me.nts
or to complete the improvements tc the satisfaction of the city,
pursuant to the City Permit, concerning Hov;ard Eisinger's project,
betwee.n the City of Orono and Howard Eisinger.
2. This original Letter of Credit for endorsement.
Special Condition(s):
1. This Letter of Credit is automatically renewable without amendment
for an additional six-month period from the present e.xpiry date or
any future expiry date, unless si.xtj (60) days prior to said expiry
date, we shall notify you in writing, by registered mail, that we
have elected not to renew this Letter of Credit, but in no event
shall the e.xpiry date extend beyond July 21, 1994.
Payment will be made at the counter of the State BarJc of Long Lake, Long
Lake, Minnesota.
This credit is subject to the unifor.m customs and practice for documentary.
Unless otherwise stated, all docu.ments are to be forwarded to us by nail or
hand delivered to our counters. Documents to be directed to: State Hank of
Long Lake, 1964 West V/ayzata Boulevard, Long Lake, I-CI 55356.
We hereby engage with drawers and/or bona fide holders that drafts drawn and
negotiated in conformity with the terms of this credit will be duly honored
upon presentation.
State Bank of Long Lake. Long Lake, Minnesota
By
Thom
'A FULL'
SERVICE
BANK/I
hnson. Loan Officer
Continuous Banking since 1905 me
STATE OF
.DEPARTMENT OF NATURAL RESOJiRG-ES^^
r/rn mT^T-ir* _ -l A A T^AOMITD DnAH QT* DATTT. MNCSSIOS »METRO WATERS - 1200 WARNER ROAD, ST. PAUL
phoneno. 772-7910 .FJL^NO
March 31, 1992
Ms. Jeanne Mabusth
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
^PH
RE: HOWARD EISINGER, C.U.P., WETLAND #27-841W, CITY OF ORONO,
HENNEPIN COUNTY (NE 1/4, S.32, T.118N, R.23W)
Dear Ms. Mabusth:
Based on discussion with Mr. Howard Eisinger, I understand interest
has been renewed in a proposal originally discussed in 1987. In
Judy Boudreau's March 13, 1987 letter (copy attached), we indicated
the DNR would have no objection to this proposal if the fill is at
3,east 26 feet from the wetland edge. In May of 1987 a concern with
detrimental impacts to the wetland due to additional loads was
raised (copy of your May 5, 1987 letter enclosed). It was our
understanding the applicant would be required to do necessary
analysis to address this potential concern.
No DNR permit is required if the fill will be setback at least 26
feet from the wetland, as proposed. As long as the following
points have been addressed we have no objection to this proposal:
1. The fill is at least 26 feet from the wetland edge.
2. The questions regarding impacts of the "additional load"
on the wetland have been addressed.
3.The proposal is consistent with the city's current
floodplain and shoreland management regulations, and
4.The proposal meets applicable provisions of the Wetland
Conservation Act of 1991.
Please contact me at 772-7910 should you require any additional
input on this matter.
Sincerely,
4 ^
Ceil Strauss
Area Hydrologist
cc:Howard Eisinger
Ron Quanbeck, Minnehaha Creek WSD
Tim Fell, USCOE
AN EQUAL OPPORTUNITY EMPLOYER
s
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U G — S 3 M Cf N 1 3 : -4^ •£• B C« H E S T R O C*S. S O C: 1 T E F - . 0 2.*
Bonestroo
Rosene
Anderilk&
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August 6,1993
Ms. Jeanne A. Mabusth,
BullOing and Zoning Administrator
City of Orono
Post Office Box 66
Crysinl Bay, Minnesota 55323
Rc: Eisingcr Conditional Use Permit
File No. 139.1852
Dear Jeanne,
We have reviewed the request to place 70,000 cubic yardt of SU material on the former dump
she located south of State Highway No. 12 ami west of Old Crystal Bay Road. The request
appears to be in confcriTiance wth the original application which granted a permit to allow filling
of 100,000 cubic yards of dean fill. Wo recommend approval of the application contingent on
the folkwing conditions.
The fill placement should rate: all conditions set forth in Resolution No. 3108 which Include;
• preparation of a filling and grading plan for our rt^iew;
. side slopes 5:1 ratio;
• 1% slope to be maintained within inner fiU area:
• sill fence installed along the wetland;
• no land alterations allowed within 26 feet of the wetland;
- periodic .seeding during the course of the project.
Wc reawmend dtat the total fill placed on this property should not exceed the 100,000 cubic
yards previously approved. In this regard, no future permits should be issued unless a
geotechnical study of the area is submitted by the applicant. Also, the aesthetics of future fill in
the area should be scrutinized.
Please ctmtact me at this office if you have any oue.srions regarding this matter,
Yours very truly,
BONESTROO, ROSENE. ANDERUK & ASSOGATES, INC.
ii
Shawn D, Gustafson, P.E.
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P.o. Bex 35108
Mpla., ra 55435
(612) 941-56C0
P«rh Ccn-irvcticn
Attn; >;r. w0^.n Cannon
150-J Be/'ch Street
Minneapolis, vn 55432 L*- -•
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73-157 ENCIN'SniNG 0?INICJ)
Addition of. rill to
Existing InnUfill
South of Tn-12 at
Classen La)ce
Orono, Minnesota
Uor . i"2°r='?tlon fro, throe
2^i F^’iorrod! in April,
;ioiito"nV'\h;”u“pro?o'od" '1 --ho o«i-.ioh«rfi£i
Council X9 whet;.«r^tha add’'-'o? Fho city
liil area will be cause ♦o-*'rx^xhtT’— ®"-o Fhe existing land-
the underlying organic noils'" * ^'■*^'*^ possible failure into
m/a^ei^ln^'ie^?* Previous borings ta)cen in the proposed land-
»>«c)c from the "aurface to
landfill was no^ expended ex^5w^* understand that the
«:e?icted on the'attached -k!- propo.ed landfill area as
th? area !f the e^Utfno iee^^^ conditions in
because the area is deoiled «i=>il«r
of t.he organic eoLls likely very. '•etland; although depths
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•• I 73-157?arx. Construction''ou indicated thai tr.e tottc-T. of tne existing lar.df:.* r.\teria.
I^at Alas .elevation 96c-. T.no exi.tir.-^ surface clevatic^^^
-ha undisturbed wetland ar-a is at aoouc c.eva.ic.. )T-_ .ce-.
Cbis 4-foot difference in elevation probaoly
naterial is aoout 14 feet thicx.
tfie a.'sovjnt oi uettleaiont tbat. '■.aa resulted
landfill
h.it there haveJudijin*; frcn» th.e length of tire t.nat^ t.he exiat-ng
natorial has been in olace« and your ir.uicat.cn
bo-n no -revious staoility ?rcbloc.3, it is our cpinicn t..at tr.c
f proposed *odd it ion of 5 feet of nii.neral soil above
Z existing landfill grades presents a very s.icht ris. o.
^tailure. Our experience wit.h projects wnere ad-i-.una. .*...^.0
placed above existi.ng landfill r.aterial.>« h*^.^®*"** ll'^f
resulted in additional sett.eT.ent. but
cc.nposition of the existing .anof;..
possesses a rather hiqh .\nq^o a^a.c^ion Ar.c a
hi’ym.or .tror-r--'. TW ,«-.lc=.e.-.c tra-. ha, «curr^l
over the past 30 years .-.ais also increased the x.hear s.rvngt.h o.
the upoor zona o: organic soils whic.h lessens the rise or shear
or punching failure as a result of placi.ng an ^;)Cuition. .
aurcharaie load. rnus, baaed on this ir.tc.*-r..u:on, it Ou. cpi
^Jon ^^at tnu audition of 5 feet of fill over t.he area presents a
very blight risx of crr.bar.<rent fa? lure.
It Should be noted that soil borings vit.n power ^uipctent ^ve
. .hot boe.h taicon in t.he existing l.indfi.l .area to
position and strength of tne existing lanui..* cateria., and
strengths and depths of the underlying organic sows. .. t^
assumptions we have made are Inaccur.ste, our evalua .ion o. t.he
potential risk nay need ’’o b«i re-evaluated. Additional bor.ngs
and tests at this tire do rot appearplanned. However, at a nnirur, we recrrirond t.ha. p.ior o
placing any fill, s-veral settlener.t .-cnitoring pl.i- aAny
inn^.^U^d in vAnoun jr»tr»v Arcjr.d
th3
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pon i tor i. r.<j pint'.i s.'^ojld br*
TAtii of settlor.fnt cau.-.exl by
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A OZ an^to rourie/xr. nhculd be set snide between staged
fill Applicationn to a IIcw nor*'for ron I tor ir.‘5 pl^t«*5.
If t.he additional riner.al fili ex*.eeda 'ver are,a tnat .ire pre
sently virgin wetland, the r:*< ri ‘ *^7f,--.^iaue wi ’ Icantly higher and a much ir e cent rr. I-d ..*lmg - c... t,
appropriate.
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5305190CStv or ORONOaESOL’JTIOM OF THE CITY COUNCIL NO 2192 0^L '? ?rr-
A RESOLUTION GRANTING
A CONDTIONAL USE I'EUMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISIONS 19 & 20
KILE #1103
NHERBAS, Howari F. Eisinger (hereinafter "the applicant") is
the owner of properties located at 3245 Wayzata Boulevard within the
City of Orono (hereinafter "City") and legally described as follows:
(P.I.D. 32-18-23 14 0002) Section 32, I'ownship 118, Range 23,
Commencing at a point in the East line of Government Lot 1
distance 393.24 feet South along said line from the South line of
State Highway No. 12 thence at right angles West from said East
line 418 feet thence at right angles North 393.02 feet to South
line of highway thence West along said highway line to West lira
of said Lot 1 thence South along said West line to Northerly line
of Great Northern Railroad right-of-way thence Southeasterly
along said right-of-way line to East line of Lot 1 thence North
to beginning.
WHEREAS, the applicant has applied to the City of Orono for
a Conditional Use Permit’to pennit filling of 100,000 cubic yards of
clean fill over a former dump site of approximately 12 acres in area
per Municipal Zoning Code Section 10.03, Subdivision 19 i 20, Fill
shall be placed such that the average height of fill is maintained at
five feet. Pilling shall take place 35 feet in from the adjacent
wetlands at the 972 elevation.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File 11103.
2. The property Is located in the RR-lB, Rural Residential
Zoning District.
3. On April 20, 1987, the Orono Planning Commission reviewed
the application as proposed and recommended unanimous approval
of the application as amended based on the following findings!
Page 1 of 5
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City of OROrVORESOLUTION 0^ THE CITY COUNCIL
NO. .IV.
1. Prior to the huulin<j of fill to the site the applicant or
applicant’s agent must subn.it the following:
a) Six cross sections of existing topography.
b) Final grading and Frosion Control plan designating the
following:
1) Side slopes “S: 1.
2) One percent tlope to be maintained within inner fill
area.
3) Silt fence installed 30 to 35 feet from wetland at
9*^2 elevation — no land alterations allowed within 26
feet of wetland.
4) Average height of fill to be maintained at 5 feet.
5) Monitoring plates to be installed as required by
the City engineer.
c) Executed Developer ’s Agreement and appropriate security
to insure final grading and seeding if fill project is not
completed. Letter of Credit must be written for 150 percent
of the estimated cost of the improvement.
2- Pill shall not exceed allowed amount of 100,000 cubic yards.
Side slopes shall be seeded ?s soon as 5:1 slope ratio has been
realized.
3. ?rrk Construction shall be responsible for advising the City
of monthly schedule of hauling activities so that staff can
arrange an approximate inspection schedule for each month. Prior
to hauling any fill to the site Park Construction must arrange
for a preconstruction meeting with the Orono staff to review all
final submittals and tentati/e hauling schedule.
4. Park Construction shall ceese all hauling to the site upon
evidence of shearing and/or other signs of instability created by
tilling over the former dump sine. Applicant shall not proceed
with hauling until the City Engineer has had adequate time to
r‘*view the evidence and submit a written report to the Council
for their review and action. It Council determines that it is in
the public interest to cease all hauling to the site, this
conditional use permit shall be terminated immediately and the
applicant t'liall complete the final grading and seeding of the
entire disturbed area.
5. Authorities granted by tnis resolution run with the property
not with the owner, but arc permissive only and must be •"ompleted
within one year of the date of Council approval or the special
conditions of this resolution will expire on that date (June 8,
1988).
Page 3 of 5
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U'City of OROIVORESOLUTION OF THE CITY COUNCIL
NO. 219:;
f//V
The Department of Natural Resources, Minnesota Pollution
v-ontrol Age.ncy, Hennepin County Department of Envfrr,nm„nr
«r.<! Energy, Hennepin Connerv-ition bistr!rt Ld M nn2r^J!
creek »ete„ned Oistriet find then Vhe Application
impact on the surrounding wt.tn.ands or intersectir.a tirainaoeway. ^
b) The adjacent property owners havo been advised of the
applicant s proposa1 and none have voiced obioction or
submitted written opposition to the City. ^
'modified by the Planning Commission
cetrimentax to the publ.c hoalch, safety or
elfare, or materially injurious to properties or improvements in the vicinity. ^ optr^ies or
4. Braun Engineering in a letter dated May 28, 1987 nas ODine''
of approximately ICO,000 cJbic yards of fill over a tormer dump sice: <-uoic
"... It is our opinion that the addition of 5 feet of fill
UiLrc.^" presents a very slight risk of enbankment
ll Council has considered this application includina
JeJorVs" bv"'tLff Planning Commission!reports by staff and comir.ents or the applicant and the effect of
co^munit!!'"" o7\ue
to granting a Conditional Use Permit
tL ,I of ^OO'OOO cubic yards of clean fill within
thl hi f’y Of°no staff will not be detrimental to
the health, sarety or general welfare of the public, would not
adversely a.feet light, air nor pose a fire hazard or other
dancer to neighboring properties, nor will it depreciate
surrounoing property values and that the proposed level of use of
cue property will be in keeping with the intent and objectives of
cne boning Code and Comprehensive Plan of the City.
CONCLUSIONS, OKDKR AND CONDITIONS
Ormno findings noted above, the
SlSicirSi Council hereby grants a Conditional Use Permit per
..unicipal Zoning Code Section 10.03, Subdivisions 19 i 20 to permit
Ihl of 100,000 cubic yards of fill within an area approved by
t e Orono staff, subject to the following conditions:
Page 2 of 5
1
VUy ol 0R0>^0
MtSOLUTlON Of- THt city COUNCIL
NO - > •-
f
i»* Viol jt ion o! or nur.-comp 11anco with any of the terms and
coHili t loiiri o! this resolntion shall constitute a violation of the
/.onlr.'f Co'le, i;ha 1 1 aut erat. i ca I 1 y lerninate any authority granted
l4i?ri*in« aitil sha I ! puniijh.ihle a:, a mi S'lon^eanor.
/• 'Iliu uritl t* r s 1 gaed owner has read# understood and hereby agrees
to the termII at this ro:iolution and on behalf of himself# his
IkMipi# fluccesf'ors and as;#i«jns# hereby agrees to the recording of
thii* loiioluiioM in the cfwiiri of title ol the property.
Adopted by the Orono City Council on thi^ 3th day of June
•• * 1%
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//47.4
11in^ City Clerk
V r upn r t*yownoTTTy
•• V #
James H, cTabFT^ Mayor
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Page 4 of 5
/ov:ir/ir/A^,4U<a?22
5998693
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ _____
N
A RESOLDTION GRANTING
A CONDITIONAL DSB PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03r SUBDIVISIONS 19
PILE #1766
6 20
WHEREAS, Howard F. Eisinger (hereinafter "the
applicant") is the owner of the property located at 3245 Wayzata
Boulevard within the City of Orono (hereinafter "City") and
legally described as follows:
PID: 32-118-23 14 0002
Section 32, Township 118, Range 23, commencing at a point in
the East line of Government Let 1 distance 393.24 feet South
along said line from the South line of State Highway No, 12
thence at right angles West from said East line 418 feet
thence at right angles North 393.02 feet to South line of
highway thence West along said highway line to West line of
said Lot 1 thence South along said West line to Northerly
line of Great Northern Railroad right-of-way thence
Southeasterly along said right-of-way line to East line of
Lot 1 thence North to beginning (hereinafter "property )?
and
WHEREAS, the applicant has applied to the City of Orono
for a conditional use permit to permit the filling of 20,000
cubic yards of clean fill to be placed over a former dump site of
approximately 12 acres per Municipal Zoning Code Section 10.03,
Subdivisions 19 and 20. All filling activities shall talce place
35' from the adjacent wetlands at the 972 elevation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1766.
2. The property is located in the RR—IB Single Family
TRANSFER ENTERld^^^^^ Residential Zoning District.
Err OF pROPERnr tax & public
i
NOV 18 1992
Page 1 of 6
I y
m.
OEPUTV
V H
\\w CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3192_________
3.
4.
5.
On June 8, 1987, the Orono Council approved Application
#1103 granting a permit to the applicant to allow the
filling of 100,000 cubic yards of clean fill per the
conditions set forth in Resolution #2197. The
applicant never received fill under this conditional
use permit.
On April 13, 1992, the Orono Council approved
Application #1722 granting a permit to allow the
filling of 10,000 cubic yards of clean fill per the
same conditions repeated in Resolution #3108. The
10,000 cubic yards of fill have been received by
applicant.
On October 19, 1992, the Orono Planning Commission
reviewed the application and recommended unanimous
approval of the application as amended based on the
following findings:
A.The current proposal will have no negative impact
on the surrounding wetlands or intersecting
drainageway.
B.The adjacent property owners have been advised of
the applicant's proposal and none have voiced
objection or submitted written opposition to the
City.
C.The application as modified by the Planning
Commission will not be detrimental to the public
health, safety or welfare or materially injurious
to properties or improvements in the vacinity.
D.During the review of the two earlier conditional
use permits, Braun Engineering, in a letter dated
May :a, 1987, has opined as follows regarding the
placement of approximately 100,000 cubic yards of
fill over a former dump site.
"...it is our opinion that the addition of 5'
of fill over the area presents a very slight
risk of embankment failure."
Page 2 of 6
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO.3192
E.
m
The current application (#1766) shall involve the
filling of an additional 20,000 cubic yards of
clean fill.
6.
7.
The City Council finds that granting a conditional use
permit to allow the filling of 20,000 cubic yards o-
clean fill as approved by the City Engineer, will not
be be detrimental to the health, safety or general
\'elfare of the public, would not adversely affect
l.’.'Tht, air nor pose a fire hazard or other danger to
neighboring properties, nor will its use depreciate
surrounding property values and that the proposed level
of use of the property will be in keeping with the
intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
The City Council has considered this application as
amended including the findings and recommendations of
the Planning Commission, reports by staff and comments
of the applicant and the affect of the proposed use on
the health, safety, and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a conditional use permit per Municipal
Zoning Code Section 10.03, Subdivisions 19 and 20 to permit the
placing of 20,000 cubic yards of fill as approved by the City
Engineer, subject to the following conditions:
1. The applicant or applicant's agent must adhere to the
following guidelines at the time of filling:
A. Side slopes 5:1 ratio;
B. 1% slope to be maintained within inner fill area;
C. Silt fence to continue to be maintained 30-35'
from wetland at 972 elevation - no land
alterations allowed within 26' of wetland.
2. Provide an updated Developer's Agreement and
appropriate security to ensure final grading ana
seeding if fill project is not completed.
Page 3 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3192 ____
3.
4.
5.
6.
7.
Fill shall not exceed allowed amount of 20,000 cubic
yards. Per City Engineer's report of October 14, 1992,
fill area edges along the marsh and adjacent upland
area should be dressed up, finish grading (5:1 ratio)
and seeded by November 15th. Additional fill material
should be placed in the center of the fill area to
allow re-vegetation of the edge. Mn/DOT mixture number
7JO seed shall be used for seeding disturbed areas.
The applicant shall be responsible for advising the
City of the schedule of hauling activities so that
staff can arrange for the necessary inspections. Prior
to hauling any fill to the site, the applicant must
arrange for a pre—construction meeting with the Orono
staff to review all final submittals and tentative
hauling schedule. The City will ask that a
representative of its Police Department be present at
the pre-construction meeting to advise of any special
traffic/safety concerns during the hauling process.
Hauling activities shall not be conducted during the
following time periods:
6:30 a.m. to 8:30 a.m.
4:00 p.m. to 6:00 p.m.
Any future requests for filling on the applicant's
property shall be evaluated by both applicant s
consultants and Orono staff and consultants. The City
Engineer cautions that the area may not accommodate
much more fill before it begins to stand out from the
existing topography.
The applicant shall cease all hauling to the site upon
evidence of shearing and/or other signs of instability
created by filling over the former dump site.
Applicant shall not proceed with hauling until the City
Engineer has had adequate time to review the evidence
and submit a written report to the Council for their
review and action* If Council determines that it is in
the public interest to cease all hauling to the site,
this conditional use permit shall be termina ted
immediately and the applicant shall complete the final
grading and seeding of the entire disturbed area.
Page 4 of 6
1
L.t '
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/'O^. 0\\CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3192 ______
8.Applicant is responsible for updating all previous
permits issued by the Department of Natural Resources,
Minnesota Pollution Control Agency, Hennepin County
Department of Environment and Engineering, and M.C.W.D.
before the Orono staff can issue a land alteration
periiiit.
9.Authorities granted by this resolution run with the
property not with the owner, but are permissive only.
This land alteration permit shall be valid for a two
year period (October 26, 1994),
10.Violation of or non-compliance with any of the terms
and conditions of this resolution shall constitute a
violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be
punishable as a misdemeanor.
11.The undersigned owner has read, understood and hereby
agrees to the terms of this resolution and on behalf of
himself, 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 26th day of
Page 5 of 6
Oa.,. 0\\CITY of OROXO
RESOLUTION OF THE CITY COUNCIL
NO. 3192 ___
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 26th day of October, 1992 by Barbara A. Peterson & Dorothy
M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
8 JAMIE L BOSMA
NOWWPUeUC-MINNESOTA
HENNB^N COUNTY
Vtf Cotrnn. Expires 12-19-97
STATE OF MINNESOTA' )
) SS.
COUNTY OF HENNEPIN
-i-t
)
On this ^6 day of C/19 9_2,
before me a Notary Public within and for said county# personally
appeared a r r
known to me to be the person (s5 described in and who executed the
foregoing instrument# and acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTARY^plmLI(f - M^NESOTA
HENNEPIN COUNTY
My commission expires d-12-96 / ^/
NOTARY PUBLIC
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
On this th/ day of ^ ^ _ _ _ _ _ _.* 3-9 9_^,
before me a Notary Public within and for said County, personally
appeared 'h. ^^ ■
known to me to be the personas) described in and who executed the
r:_________J____j__________________________J____V...-..,. 1 •!-h J»+• h «3 l|-hp»VI eXeCUtSd
Known CO me co oe one ucov-j.—•- --- -
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
USDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY _
My commissloo wplr«i S-12-96
_
f
N
A
RESOLUTION «3192
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County. Minnesota, do hereby certify that I have compared the
fore^going copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
October 26 , I9 92 . and that the same is a true
and~correct copy of said resolution was auly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set
27th day of ctober
my hand and seal this
. 19 92
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TO:Planning Commission Members
Ron Moorse. City Administrator
FROM:Jeanne A. Mabusth, Building & Zoning Administrator
DATE:August 13, 1993
;jfi853 Richard E. and A. Jean Engebretson, 1180 Tenkawa Road - Variances
Public Hearing
Planning Commission members reviewed an earlier variance application for the current
owner Ron Lauer, at your June meeting. The application involved hardcover and setback
variances for the installation of a second level above the existing struemre. An existing patio
was to be rebuilt at half the size in the 0-75 ’ setback area. The applicants have entered into a
contingency purchase agreement with current owner. Mr. Lauer. The current plan is for the
complete development of the property. The proposed struemre will require approval ol an
average lakeshore setback and lakeshore setback variances in addition to hardcover variances
within the 0-75 ’ and 75-250 ’ setback area. The following ordinances are peninenl for this
review:
Section 10.22, Subdivision 1 (B)
Required = 75 ’
Proposed = 56 ’ (existing struemre is 50 ’7")
Variance = 19’ or 25.3%
Average lakeshore setback review Exhibit L.
Allowed = 0
Existing = 21’
Proposed = 6’
A.0-75 ’ setback area = 11,294 s.f.
Existing = 1,791 s.f. or 15.8%
Proposed = 1.089 s.f. or 9.6% (original proposal 15.8/o no
change was proposed within 0-75 )
B.75-250 setback area = 14,838 s.f.
Existing = 3,370 s.f. or 23%
Proposed = 4.086.5 s.f. or 27.5% (original proposal
or 23%)
= 3,370 s.f.
C.Total hardcover
Total area = 26,132 s.f. ^o -fc/
Total hardcover with original proposal = 5,161 s.f. or iy.7/o
Current proposal = 5,175.5 s.f. or 19.8/o
Zoning Pile #1853
August 13. 1993
Page 2
Section 10.22, Subdivision 5 (B) - An area variance is required as property is to be
redeveloped
Required = 1 acre
E,xisting = 26,132 s.f. or .59 acres
Variance = 17,428 s.f. or .4 acres
Lot measures 124’ in width exceeding the 80% requirement. Lot width variance need
not be addressed.
List of Exhibits
A - Application
B - Property Owners List
C - Plat Map
D - Hardsi'ip Statement
E - Applica»'ts ’ Survey PI s Photos
F - Photos ot Model
G - Floor Plans
H - Elevations
I - Hardcover Fact Sheets
J - Existing Survey
K - Proposed Survey
L - Average Lakeshore Setback Line as it Relates to New Structure
Description of Request
Applicants propose the removal of the existing structure and replacing it with a 43 ’x50’
residence. In an attempt to conserve hardcover and minimize setback variances, applicants
propose a tuck under garage and no decks. Review Exhibits G and H, as applicants note they
are not attempting to create a mega-mansion on the severely limited site but a design similar to
a lake cottage of old. The comprehensive planning of the site has been guided and designed to
meet the special constraints of this limited property. The structure meets all other setback
standards except for the average lakeshore and lakeshore setback as noted above. Hardcover
has been reduced by 702 s.f. or 6.2% in the 0-75’ setback area. Hardcover in the 75-250’
setback area has been increased by 716.5 s.f. or 4.8%. Hardcover is at an excess of 2.5% in
the 75-250’ setback area. Applicants have attempted to preserve the hill to the street side of the
residence maintaining the visual and sound buffer and still reduc_- hardcover and intensity of
setback variances in lakeshore protected area. Lot coverage is he'd at 8.5% where 15% would
have been allowed.
The side loading garage results in 449 s.f. of paving within the 0-75 setback area. In
an attempt to save the hill and the inability to install a three stall garage to the street side of the
residence, it was necessary to design garage to the side. Applicants are owners of at least four
Zoning File #1853
August 13, 1993
Pace 3
cars. The majority of the lower level will be for storage and garage use
As noted in the earlier review in June, the average lakeshcre setback will have negligible
impact on the property to the nonh such as the extensive fencing, vegetation and higher
elevations of subject property. The encroachment of the average lakeshore setback line has been
reduced from 21’ to 6’. Based on scale of large scale plan, the structure will be 23’ + from the
north side lot line.
Statement of Hardship
Please review Exhibits D and E. Applicants have provided a very complete statement
of hardship and need not be reworded or rci..:ated by staff.
Issues for Consideration
1.Do you find that applicants have attempted to design a home based on the
limitations of this property and have attempted to minimize the impact on lake,
the existing land and adjacent properties?
Is this house too ambitious for the property?
3.Is the cul-de-sac dax ; the most efficient way to provide off street parking and
efficient traffic f w? Review Exhibit K, it would appear that parking and drive
areas of both the existing and proposed are almost equal in area.
The City has received no comments from any of the neighbors notified of the variance
review.
ch
r
CITY OP ORONO - VARIANCE APPLICATION
Ti
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)
mm mm mm ^ mm mm mm ^ mm » mm mmm mm mam ^ mm mm mm mm mm mm ^ mm mm .mm mm mm mm ^ ^ mm mm
PROPERTY INFORMATION
Site Address 1180 Tonkava _________________________
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Property Identif. Number (P.I.D.) On fiL'* (I.nuer applica tion)
Attach legal description to application if not
included on required survey.
Date Property Acquired Under contract _______(month/year)
I (do) (do not) also own the adjacent parcels of land.
Present use of property: x residential _____other (specify )
Zoning District;_________________________
APPLICANT Phone (home) A75-0522
• •* •
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Name Richard E. and A. Jean Engebretson Phone (work) Q33-3Q50
Address: 33AO Maplewood Road City; Deephaven Zip; 55391
OWNER (if different than applicant)Phone (home) A71-7526
Name Ronald D. Lauer (seller)
Address: 3155 North Shore Drive
Phone (work)
City; Orono Zip; 55391
DESCRIPTION OF REQUEST Estimated Construction Cost $ 320,000
Describe request in detail: Request for lake setback 56 feet and hardcover,
variances 0-75 G 9.6 and 75-250 0 27.6____________________________—-------------------
VARIANCES REQUIRED
Lot Area Lot Width
Setback:Front Side
Hardcover
Rear
Lot Coverage
Average Lakeshore
Other (specify)
HARDSniP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty and unusual property
conditions preventing compliance with Zoning Code requirements.-------------
see attached
f
%< •*.h • ; . pr
(attach additional^«Aeets if necessary)
REQDIRED submittals 1 • 4. • «of the following informatlcm must be submitted by_tie—applxcaiLon
deadline date in order for yotir ainalication to be ccmsidered ctaiplet^
1. l/*Completed Application For**n
2 "^Cert'^^ied Propertv Owners List of owners within 150' (you nust obtain
this'list fromEg^^^in-^.miTity^^rtr»en- of Finance A-603 Govt Center
348~3271). file from Ron Laue^ ^ T*"^
3. w^piat Map (obtained with property owners list). ^On fil^^
4. “pCertificate of survey (signed by a licensed sUT^^or) to include
"" hardcover calculations as required (provide one (1) copy 8h xll fo^
5. l^Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed (provide one copy 8%"xll ).
6. k^Sketchos or plans of floor & elevation views (provide 1 copy 8J5 xll }.
7. As an addendum to this application, please attach a separate list o^
any other persons you wish notified of this application.
8. __^Additional items as may be requested by City staff.
The Aoplicant and Prooerty Owner must sign this application. Please
remember that vour variance application is not complete—if the abo^
^T^-foratatioii hats not be^n ijicladed^
iW •• mm mm mm mm mm mm mmm mm ^m mm mm mm mm mm mm mm mm ^m mm mm
APPLICAHT'S SIOIATORB
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay additional ..ees (sta
time not covered by original fee payment) and/or consultant expenses
incurred in review of this application, and -^rtifies that the information
supplied is true and coyr^oi^ to the best of ti—s/her knowledge.
Applicant's Signature Date
OWHERS SIGHATURB j
The owner hereby ackowledges and agrees to this application and furtner
authorizes reasonable entry onto the property by city staff, consultants,
agents, Commission member^ and Council members for purposes of investiga
tion and verification pt ythis^^equp-st.
Owner's Signature /A ^Date 7-\ 7
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on th
third Monday of each month. Applicants must be present at all schedule
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 6 Zoning
Office of this change prior to the meeting.
RUT4 OATS 05/20 BATCH 00^PROP ADOR Olt4ER NAME TAXPAYER NAftE/ADDR
PROP ADDR
C^tlER NAItE
liUvP AYER
NAME/ADDR
PROP ADDR
OitlER HAttE
TAXPAYER
. NArtE/ADOR
56 00-117-25 15 000501200 TOtACAir. RO MILFREO rCRPIR A WIFE WILFRED PERTER 1200 10F4KAIU RD
LONG LAKE m 55556
50 00-117-25 15 0000
OllAO TOrO^AHA RO
R A K K>iLE
RICHARD i KATHLEEN KYLE
1160 TONKAMA ROAD
LOfIG LAKE m 55556
30 00-117-25 62 0001
01220 TOtIKAHA RD
STUART L BLIRNIECE
STUART L BURNIECE
1220 TOt0CAHA RD
LOIK; lake MN 55556
HC!4?lEPir4 C0UT4TY PROPERTY IHrORUATlOfT SYSTEM PROPERTY 0IA4ERS LIST REPORT NO. PI655601 PAGE 2050 00-117-25 15 OOOo01100 TOTIKAHA RO RONALD D LAUER ROTIAIO LAUER 1100 TONKAHA RO
LONG LAKE MN 55556
50 00-117-25 15 000701160 TOTIKAHA RO A S A E G DIAHOMO A STEPHEN A ELMA G DIAMOND IlOO TONTxAHA RO
LONG LAKE MN 55556 r
I
50 00-117-25 15 0017
01105 TONKAHA RD
H T RENARO SOS RLNARO
M T RENARO SOS RENARO
1105 iota;aha RO
LONG LAKE TIN 55556
50 00-117-25 15 0010
01205 TONKAHA RO
THOMAS H SMITH S HIFE
THOtlAS H SMITH
1205 TONKAHA RO
LOHG LAKE MN 55556
jt
TOTAL PATCH 009 00007 V-*
1 CERTIFY THAT THE FACTS REPRESEUTED ARE AN ACCURATE AND TRUE
REPRESEHIATIoej OF ItirORMATION AS IT APPEARS THIS DATE Oil THE RECORDS
OF THE IICIBIEPIM COnmV DEPARTflENT OF PROPERTY TAXATION, TO THE OEST
OF MV KNOllLCOGt AND DCLIEF
DATE ms
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HARDSHIP/DESCRIFHON OF UNUSUAL PROPERTY CONDITIONS
Attachment
A
The subject lot has a very acceptable amount of lake shore--125 feet-but the lot is
otherwise unusually "short” for having such good frontage on the lake. Applying the full
lake setback to this lot, with its lack of depth, pushes potential house footprints unusually
close to the front of the lot.
As the house slides away from the lake and approaches the front third of the Jot, two
things happen:
1) The housf; gets shoved againsL and into, a lovely hill that occupies much of the front
(road or west side) of the lot This is a further unusual condition for such a lot We want
to be able to look at this hill, and don’t want to be in this hill. The hill serves as a good
buffer between the house and busy Tonkawa Road.
2) The full application of the lake setback puts the home surprisingly close to Tonkawa
Road, which is busy and carries fairly high traffic—including school buses and trucks—at
certain times of the day.
There is a reason that the present home, built decades ago, sits so close to the lake. That
reason is that the lot is abnormally "short" and somewhat small for such a nice lot, and
the house was built to give it adequate separation from the hill so as to assure egress to
the structure.
3) The area of the lot not in the lake setback is limited. Since the land in the lake setback
cannot be counted in hard cover calculations, the 7.5 percent must totally apply to what is
left, forcing a smaller home and a significant cor promise on our garage and driveway
options.
4) Finally, the busy traffic on Tonkawa Road suggests we have a modest tmn around
such that neither guests, delivery vehicles or our own cars necessitate backing out onto
this arterial roadway.
1180 Tonkawa
Orono, Minnesota
Dick & Jean Engebretson
A short summary of our variance request...
I'.y iU'cicU'nt ot iiaturr aiul road
(losi!»n. the lot wo aro piirohaMnii
rathor ^hort .iiul s(iiuiri’-ish tor
a lake lot. Wo .iro it tlio
soiithoast oiul of Maxwoll B.iy, in
a little (lishotl-oiit area ot
shorolino. which is piThaps tho
(doso^^t Maxwell Bay liets to
Tonkawa Hoad. The existiiu*
house sits well into tho lake
setback, yet the driveway still
tlot'sn’t leave imich room.
As you ^o north on Tonkawa l^d..
the driveways to htmies on
Maxwell Bay s^ot lomior...
...and lonii(.-r
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\V1L\T \VE \V/\NT TO
PRESERVE...
\Vf want to prt’St'nc the sliiihly
cur\'in^. “rovoaliiiLl" nature ol (lie
driwway. riie house "hides" ,i
little from 'l\)nkawa Rd. But as
the house moves back from the
lake, the driveway st.irts eets
shorter and "stubbier" -- and it
beeomes more difheult to
incorporate a tum-arfumd.
We want to preseiwe the littU* hiii
which is pretty much unique just
to our little lot... This hill looks a
little beat-up ruiht now liecause
the seller has removed a lot of
stone ami plant material. l)ut it is
a wonderful little hill which
separates the house from the
noise of the road. We want to be
able to look at the hill, and not
have to build the house in tlie
hill
We w.mt to preserve as iiiiieh
separation as we can belwetai
our new home and laisv Tork.iwa
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WIL\T CA\ UTE DO TO
MEET ORONO S
REQUIREMENTS? ...
It wo ran build tho now honu‘ wo
hopo to IniiUl. wo will bo thrilloil
to toar out tlu“ Ui^ly hardoovor
roprosoutt'd by this old patio.
'I'his patio is huyo. and
roprosonts a siunifioaut
jjoroout.iyo ot 75 ’ lako sotbaok
covorailo
It I havo takon this jjioturo
('orroolly. tho portion of tho
houso that is in tho j)hoto is in
tho lako sotbaok. Wo havo triod
to niovo our now homo as far
bark as possiblo. stiuUnu 12
modi-ls ori'atod by tlio arohiti'i t
(10 ([niok mocU'ls and two sorians
homo moc'k-uj)sl. wo tiiul it
impossil)lo to movo tho homo
totally out of tho lako sotbaok
ami wind up with any kiiui of
liomo. drivoway and t»a.raLi,o.
I’loaso noto that our noiiihbor's
homo to the* sonth--a much nioor
homo than tlio honso onnontly
on our lot--is probably a littlo
olosor to tho lakt* than wo aro.
WHAT ELSE HAVE WE DONE TO MEET THE
REQUIREMENTS?
1. NO DECK. After many meetings with architects (Mulfinger &
Susanka) and our builder (James W. Bruce), we have realized that
there is no way to incorporate a deck mto the front (lake side) of
the home. We love sitting on a deck, and entertaining on a deck--
as we do now at our little lake home on Noith Arm—but designing a
deck at the front of the home, and trying to keep it out of the lake
setback, pushes the house way too far back, and escalates the
amount of hardcover to levels 1 doubt we would get ap^ roved. So.
no deck.
2. NO ATTACHED GARAGE. We have alv --ys had attacheo
garages, which are the most desired in nicer homes. Homes in the
price range weTl wind up in often have big three-car attached
garages. But several of the models the architects built showed us
that an attached two-car garage would keep the new house almost
in the same footprint that the existing home now occupies -very
much into the It^e setback. Also, even a modest garage starts to
get buried into the hill and requires the cutting down of too many
trees.
Although our architect, builder, and Realtor a]] pointed out that
tuck-under garages tend to slightly diminish the value of nicer
homes, any^ing but a tuck-under garage on this particular lot is
pretty rough on lake setback and hardcover requirements.
In an attempt to request as little variance as possible, we have
agreed with the architect’s conclusion that w’e need to stick the
garage under the house.
3. Finally, w-e don’t v/ant to build one of the big. impressive “ego-
homes" that seeni to be popping up all over Lake Minnetonka, even
on small lots. My wife and I have no children, and we can be
happy with most of the building size restrictions tliat this lot
presents, especially with the little hill being such an obvious
amenity to preserve, and »:ot dig into.
We have designed a small, compact, efiicient. two-story home
which minimizes lot coverage the best we can. I would imagine
that virtually any other buyer of this lot would be trying to build a
much larger home, and would be coming to Orono for much
greater variances, than what we are asking lor.
Tliank you for your consideration of our request.
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HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 250-500' 500-1000'
E xisting Hardcover in Zone
A. House X8 ‘
LENGTH
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B. Garage
c. Orivexay
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E. Patio/ Deck
F.Landscape
AREAS
UNDERLAIN
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WIDTH
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Total Hardcover in Zone
Total Property Area in Zone
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S.F.
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Certificate of Survey
for LAUER HOMES
in Lot 9, Aud. Sub. No. 217
Hennepin County, Minnesota
legal Descript ion
That part of Lot 9. Auditor's Subdivision No. 217, described as follows:
Commencing at a point on the East right of way line of Hennepin County Road No.
135 distant 1141.25 feet Southeasterly, measured along said right of way line,
from the intersection of the North line of Lot 10, Auditor's Subdivision No. 217
and said right of way line; thence Northeasterly a distance of 143.2 feet to a
point which is distant 1004.29 feet perpendicularly distance from the North line
or said Lot 10, said Auditor's Subdivision and continuing on said line a distance
of 35 2 feet, more or less to the shoreline of Maxwell Bay: thence Northwesterly
along the shoreline of Maxwell Bay to a point which is distant 125 feet perpendicularly
d’Stance from the above described line; thence Southwesterly parallel to the above
dc'sribcd line a distance of 205.3 feet more or less to the East right of way line
of County Road No. 135; thence Southeasterly along said right of way line a distance
of 125.04 feet to the point of beginning.
This survey shows the existing topography on the boundary survey supplied by the
owner. It does not purport to show any other improvements or encroachments.
:Existing contour
Datum:Mean sea level
i
COFHN & GRONBHRG, INC.
1 hereby certify that this survey was prepared\)y 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 Numbcfu755
DATE I'-*
SCALE 30 '
JOB NO. f3-/93
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To:Orono Planning Commission Members
Mavor Callahan and Orono Councilmembers
Ron Moorse, City Administrator
From:
Date:
Subject:
Jeanne A. Mabusth, Building & Zoning Administrator
August 13, 1993
#1845 Ernest Lemmerman, 1297 vV r'dhurst Trail - Sketch Plan
No published notice or written notific '.-on of neighbors required
Mr. Lemmerman has filed a sketch plan application seeking direction from Planning
Commission members concerning feasibility of a proposed lot line rearrangement and eventual
lot area variance for the development of a vacant lot. The following ordinances are pertinent
for this review:
Section 11.10, Subd. 6, 7. and 8 - Sketch plan. Members are once again advised that
the purpose of a sketch plan is to allow for preliminary development plans to be
presented to the Planning Commission whereby the applicant receives conceptual
direction from the City for preparing a formal application and, hopefully, will result in
a saving of time and money. Applicants can gauge the feasibility of an application by
the comments and directions received from the Planning Commission. Normally sketch
plans are only reviewed by the Planning Commission and only under special conditions
will the sketch plan reviews be presented to the Council.
List of Exhibits
A -
B -
C -
D -
E -
F -
G -
Application
Location Map
Survey of 1297 Wildhurst Trail, Mr. Lemmerman ’s Homestead
1985 Proposed Subdivision - Sketch Plan Review
January 21, 1985 Planning Commission Minutes Review Sketch Plan
Sewer As-Builts
Current Proposal
Review of Application
In 1985, applicant proposed a more complex lot line rearrangement involving the two
adjacent landowners. Review Exhibits D and E. As the subdivision would involve an increase
in area for substandard adiacent properties. Planning Commission members looked favorably on
the proposal. The applicants never proceeded with the lot line rearrangement. The vacant lot
as shown on Exhibit B remains undeveloped.
Zoning File /!^1845
August 13, 1993
Page 2
Mr. Lemmerman purchased the property in May of ’82 from the State of Minnesota as
forfeited land. The parcel consists ot 33,975 s.f. (.78 acres) and has been assessed tor sewer.
If the property met 80% of the lot area, the property could be developed without variance
approval. Note lot width is satisfied as property well exceeds the 140’ required width along
Tonkaview Lane at the 35’ street setback. It would be staffs opinion that if a variance was
requested for the property as it exists today, the area variance would more than likely be
approved.
The proposed lot line rearrangement will reduce the vacant lot to 19,600 s.f. or .44
acres. Mr. Lemmerman ’s homestead now at 12,750 s.f. would be increased to 26,150 s.f. or
.6 acres. Review Exhibit G. Lemmerman has provided a development plan for the site showing
structure meeting all required setbacks. At your site inspection, review the topography of the
area. It would appear the division is proposed along a natural division line between the lower
elevations to the south and higher elevation at the north. Tne undeveloped lot has an unusual
shape a ’.d severe topographies. The severe drop in topography at southern part of property
would make the additional yard areas useless to future homeowner.
Issues for Consideration
1. Would you approve an area variance for the lot now reduced to 19,600 s.f.?
2. Should the Lemmerman property be adjusted providing more area to the undeveloped
property at the building site? Lacking a topographic map, at this point it is difficult
to tell whether there would be a benefit to the building envelope but certainly this
should be a consideration at the time of the formal lot line rearrangement
3. Any other issues raised by Planning Commission
wa^
!_ _ _
CITY OF ORONO - SUBDIVl/iJpN
PROPERTY LOCATION
Site Address /CL 95 u^IsiLL^^^ ttIm
Property Identification Number (P.I.D.) 7 - h'7 ^ J- 3— I — orjf.-?
abstract or X torrens?6o'Jz^aPlease check one - Property
Attach legal description to application. 7c>rl^
APPLICANT
Name S 0. ^'iUvrli: jyiot'i <.'ty
Phone (home) 4^ ~~ 2- S / /
Phone (work) S/l M S'
Address: /:ry7 /y) ■ City: TTIpl^ip: •^^3/,^'^
OWNER (if different than applicant) Phone (home)_ _
Name _ _ _ _^c\ rT\ P f\C Aboi/P Phone (work)
Address: _ _ __ _ _ _ _ _ _
(attach list if more than one)
City:Zip:
EXISTING LAND USE
Number of Tax Parcels 2-
Development Size / 7-
xU
Acres Dry Land
Acres V7et Land
Acres Total, all
r?TV f“r nonAin
Fir^nf^CE OFFICE
1350200000 ... V. " 01 ttA'
200.00
Present Use (check)Residential? no.
Other (specify)
parcel^tgi...,--^^..vr.;i
, . ■^rBl' T1 3jl(of uniTri J22 f>7/n/9.-
Present Zoning District /- f? •“ i 5
PROPOSAL Division for Tax Purposes
Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Site^
Number of Building Sites:Existing Units
New Units
Total Units
Proposed Gross Density:
Minimum Lot Size:^O, o oo
Units per / Acres
Sq Feet Dry Buildable Land
%
Proposed Use: (check)Residential
Other (specify)
- tjrM Liijarr-r>» -»■—»»»
« '
2.
3.
MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
1, Completed Application Form
Preliminary Plat irformation on Certificate of Survey.
Certified Property Owners List of owners within 350' (you must obtain
this list from riennepin County Department of Finance A-603 Govt Center
348-3271).
As an addendum to this applicc»tion, please attach a separate list of
any other persons you wish notified of this application.
4.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date
1.
2.
3.
4.
5.
Payment of fees (park fees^ filing fee, sewer and water assessments).
Signed Certificate of Survey or mylar copies of formal plat.
Title opinion.
Easements, Covenants, etc.
Developers Agreement and Letter of Credit.
Certification by Zoning Department that Final Plat Application is complete
Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _
FEES
Sketch Plan Review (Class I, II s III)
Subdivision of a Lot Line Rearrangement 300.00
r lv.7inary Review (Class I & II Subdivision)300.00
Preliminary Review (Class III & all non-residential) 325.00 +
25.00/Lot
Final Plat Review (Class III)
*(Plus any legal or engineering charges)
175.00
Renewal of Preliminary Subdivision Application
Renewal of Final Subdivision Application
150.00
100.00
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, City Engineer, City Attorney,
Planning Commission and Council necessary to process this application and
further agrees to pay all additional fees established by ordinance.
Applicant's Signature
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 to advise the Building & Zoning
Office of this change prior to the meeting.
♦1
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Fl^t of Survey
for Stnto B?.nk of Long Lake
of jart of Let 46, Tonkavlew Gardens
Hennepin Covmty, Minnesota
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Certificate'of Surrey I
We hereby certify that
this is a true and correct
plat of a survey Jnade by us of „
all that part of.4^tf46, Tonkavlew'
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;fV- r.^:: 'Caz^ens Hennepin Coiimty,' Minnesota
described as follows:'.’.'Beginning at a
-'n'-r. point'In the^^yllne^ of^^sald lot a^disij^-*;;^^^^^
.....- tance or-75 feet 'MEly from the i»st.Sly.;'oo^r;i.Vt^^^^^
* %»• »
•’ .of .said lc^]' the^e .HWly pa'rallel^vlth tte' SWl3r'i^^j;r».*,vf^y^^^^
line of.-j^d lot'V 'dlstanfse .of 150 feeiji' '^^nce MKly ‘
'''■•tjaranel'Vlth theline of'said lot a dis^nee of 85 foot
.‘-V .. ’*I^|,j.MINUTES OP TliU ORONO PIJ^NNINC COMMISJIION Mi;K: |Nr. oK .7AHUARY 21, IVH#887 FltBO WlNSTOir ' 765 SPRING HILL RD VARIANCB
iVlj;;. PUBLIC HERRING
i'f. 10:05-10:10 PM
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contractor, Gary Ebort, were preeert.
ABBistant Zoning Administrator Gaffron noted the affidavit
of publication and the certificate of mailing. There was no
one present from the public for this application.
Assistant Zoning Administrator Gaffron noted that the
applicant wishcb to construct a 30 x 64* machine shop for
storage. Gaffron noted that he needs a variance because
this building would exceed the 1,000 sf ordinance.
Sime noted that the property has enough acreage
accommodate and properly screen such a build;;-..*.
Rovugno noted that a future owr.v: .nay .. ;..i, t.. •
building as a barn, and trut t.^e applicant may .-i ..
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