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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. I uii: osnoME (. ’ r 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 > .P‘.g* c Os Ui > Q. O. o*a tj. O k a. tr. o' ? •3 rr ‘< ts£T*i r> I 5.s/> Oa ?oa -J a n g R aI >c (IQ soso Ui 3w* 3 3^ 3*n no 3 i' I n ^fJ n 5C KJ* r 5‘H 5® r n S. 3 yr> rs n ^ -ua§ o -3 S 55 W 3. < 3^ 3 ^ 2 ” R H ? 3 z 7 II |i ■§ I r?*2 I*c. 2u•J cw LA l>5 00 OO CA LA »J O r. nOs o 2 I K 2>el K sei > D 5 3 (TJ I o' M m 'rnrr § Ho g- tJt < Ra 2! 3 IJ LA '<c C C301 I n 0 B. 5i. c •3n 1 3 ?I f I I I >I I I r U Ho I- I Ui n orf. 5 S n H3 I Sm u ?0 I <u 3.u R 3 ?a; S2 3 < k«3u Ra oo 3 3 0 3 1cr R" s ri 3sia &0 > 0 ** S'III1 i| H 2 e. ^ 3» rj i i. 0 3 "A 3 3' O '» -I 1 1 3 lA ^ 7lA 3-g ^ i. 5.1 = 7: ^ I-ItII '< f* K > I r '5 O^ y. f a. I 1 i S R fi n 3o g ? 3 3 Jn ? 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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. r 1 -»• tm % «• f f 0 X 1 S i £ * I 5» V ‘*» M iw i44r IM JXJL * a t - ••■ a t«Cl t• •1 ’ <• i» .^1 j* * » rn ^ t , V*,— A - A 1 '* t S o "i . ; * ->1 • 1 M - / li * ^1 .••1 . •t •- ’m V w *• • ■ ••» „I m >• 3a . A 1 4 ^ • •• 0 ---------mx -------J si *• 3 > 1- 1 mJ • 1 " m1 “ 1 ■ i •1 • ; ■ 1 •• 1 1 ■1•••• !- - !• '.ji^L.'X m ■^ m A ro r L- 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 rtm«i RHusii: MTU 4 riKFir^^ Mill*] riraiM •K7^«J I I i i i : hm Mil i i ; n!•! ;! i-T-i U.:1; '' I • : ;; ‘ 1 •1 ^ i' i : ( j • I i i :; : : i : i f i hi ! : r ? i 1 i i :1 i M*Mi ^ 1 HI in ! : !;: i iHU|1 : I 1 ii : i ; ^ • •i : : :in Mi } :i : » • f * m ' i I; :— . : : i : i i ! i^n-♦ •*-•— • , im 1i ;Lp #■ HMi i ; i i imnh M ! ^My 1 1 : ! ! iHP 1 i ; I 1 : i i 1:n M; ' ? • 1. ; :f . . .* • . t . ' • : H;< W' ■!'f'7;>',;; .-Vl- : j*’ r i ] m 4 •’IV ’ 'k '* •'-‘mT ^ ? te^ata^TTKrr? .v . M ’.4 r'»i. yV *• -!:•'Y llA 1^ tv -.:*.teiy • -i'! s VM m;3lW m •#? wm i V M «3 2m m mri^.3i i^'/*^ i-' • i :-; r.i rt*‘l>V 'li^.w-.. '•V-^ fc'U 7'' *c« *■ • ^ J^,':1^WM < .V t?***^. •:'4- t.t I • *rf- Hi. '.ca^t.-’i! I e' tl*»Av:;;»'7 '♦* i : n ’” ‘i. <■> ~t I- ftl *» m . . X r >'i -. J • I ' f • ''^ , I :.,»l Jl. M '■’" o 'n '.: i ,v. 'i^. ' -^•■; Mi;,; "! jVy, “jv > '* ;■: ,1 ■■ .; /• I ii t.r ■ ■M-. rf- ' iH tU. sms iitii is siRin] SlilS STmTS smis SIi^ Li^ rSiKHtJ sniis 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. ^1 mm ItH b. 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'' ^ •*. ?• ">5k » ‘ if"A;Ati -• -'• -W • f^_. •J!li iViilH;] riTiliMi^ nivnii^ 1 ?. a * ( e t 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 I L f v • ( • fi 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. \ >v c ( .»•; r t ■ 'I PROP ADDR 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 i *■ 6 . . ■ \ r- * y * <■ % ( * . * r ' . i. II o o ■' ■• '. ••• -- i’* fT- *'•. )!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 o o \\^>'i%i=(^'K,<5'/ 5 m 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 ^ filij mMu H' M4«M KSSi '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 1 1 '1 ;> •;« \nt lerly le ‘ice Ln P4SToset \ \ \ \ i i-n (A (n B* > ns D D n 3 VO rt »- s n O r» O- O. O O *xJ y V- D o 3 r-* r* “B »r tr. o o o t) rt» rn •n r» n 5B r» 3 C3 o :nj m ■■> >1 ym m^2^ LfO'- Or< yj U1 CC’3 M Bonestroo Rosene Anderffk& Associates Engineers & Architects m CU*i r* Kk ^iTM w • Ar«r<<|K IM A>Cirr«i l 1*1 ftfnri t’l k* < .c* ri I KJ AjI^i (I V'if H X>\IM M I / •'A ( lar^rfl ii4 T R D O :r.s; S O c: I A T E S itAMjwf A Sarry^ Fg F Oj. Pi’kLM% ;i «•! .A F}J Fyffr Ff A«r\ a Aar..' w p%M A If 1*f e* ¥f W' hoUff FC nwrnai W Fwr»\n h«Aeni 1 U>Vtw FI IO IIISLA#, Ff C itfKtl F>fiAV !» A*»gaiU. Ff < K>\eK, A1A Jmi Matvi » lyli hiMrt. FI t^ty A Ff Ft MevPI IA«k A lUtAHi KF J lF^t4. FI kAitvrt 1 Ff iAirl 1 Mi Fr VVMr> U FI u%t M 1 tf-it A .Vip FI < •• iKi r n Cay W FI 1 huiir« A 1 f iMuif C PC Djrdft y Ff frx* M Kurvis 1 Ff Alan drt itfm*. iV IUki»»M i fvei y Caomt#. FI Unir\ t F* . o :=« 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 t]a i / :i V (a /V 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 u a I • Vt •— :--r “r“T.-r t wi t Jiwu Present Use (c^4eck)Residential; no. of units Other (specify)_________ 1 r-V’iVf **r *» ';*»"* w WV*i. WVV V J, w'uTT w • m mm 4 f I f )t I u'W* W /•! *r T r '•* I f M I wf W • VV Present Zoning District " u'. • r ro r _ tlv > yivifKuiuAi I /lififM lew A* **«/**f*)r > 1 I / ww'4 itWii t f • i \ t f I / t V I / 4.W/ / 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 ^ » £J EXPLANATION:n • — /\J fc 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 I / V7 •X' \ \1 f ^r. kv'j K f• • {• jf /] i ■ 4 ■ J 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 . >.v,-r: .!;?■ ,••• 'v- ■>.; .• • .W-i-’SSSv •■' f \ ■ . ; ■•: • -V-'-lf?!'••:' " • ' .■ '■ ■ ^•v: •’-liSfe.' !* - ••';■• •■ ' •;/ yUi -: • ’«.■•. .X ^ f H ‘ •■' (35) %A %r> -* I * . .. . i ’ \ If V>vS)r-,;•, i-il • » . • •• . * • ! • '* ‘V'v sy»/ 7 ’ ‘ v^** ■M- r'.^v ••I *: • •. * • • '. fir ' i « • -* * * M‘ * ii mjN DATC 06/l0/n ^ / BATCH 007rPROP ADDR OHN€R NAME TAXPAYER NAHE/ADOR A - r PROP ADDR ONNER NAME TAXPAYER NAME/ADDR C PROP ADDR ONNER NAME TAXPAYER NAHE/ADDR c • PROP ADDR ONNER NAME TAXPAYER NAME/ADDR r PROP ADDR OI««R NAME TAXPAYER NAME/ADDR o c r PROP ADDR OltlER NAME TAXPAYER NAME/ADDR ( r 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 . V • ■ i>1. • w Ij 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 » •-* t I I f-/ * A I 4* T. .* ; •* r * 4; .* * 1 ■I ■ . .% »• • f * ' t .> m • : I 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 v6 V6 ,0 ^O >• «0% mm m 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 % i * •* j » * \ 1' • . • « • .f . . H 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 t * « 4 . k t * r \ . i iwi J. s . • • t L .1 h,■1 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 r • I • } • t A % it • % ...V-•*« .1 •* • / t ■ I i ’ * t • • i • • ’i i^v . » '■ • S • '‘j v«J #■Vi^<?V AVA^ wt^fw*^ A.'C\v'\Vw^<V< o^-A+e--^< A'<v»^v'-r A'P'TAC> A<"*<^':- C0V»V<'fv4t/-CioVA'<r» n ‘5v-c*yi:_t: --^ B 4 \ a. TO \ *?o ~ *»wpvt- tK\v^^v>v. IP. -^*> \vi,t*u ^cofc. «■» :»:i»./i tPM : *T>P ^»- rmi.rit XP^' ___________r,/-1^ S Refco*o!ioo Tests Sco XSoil Borings ® Bench Mork Nolei This systern H lo be o the Minnesoto PoltutOA Chapter 7080 Check all underg FRCPLRTY 0F:£Sfi' rlino rfgoUD V>V4.i s-/* rf5/ Ofv';'vd 9y' Co'? .i/L'j/i’* PM 6 t • ■ -V . V-V. • ' ! ' V I • f 'I • ■'«' ^’^^'■ VvT- ■ 5'. 'VA .4 -r .'■ ' ’••;•>■ ‘Vv,4* • ' • • V'. * V r ••■ - f ' • •• \ vt- »;'f -A/J 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 k p, .i V. > .V A ♦ v'/' a-v. . /‘i ■•’ ••• ^r • ;• ^ ^ -• ISiWWWmi:.'r r.*C ■:■ . » ♦/* *1 fi^W Mi5r i'ii‘6'^^ '^I'JSc OF LOT 4. BLOCK 1, PHILLIPS WggDj,|g|^ AKPHtioTA®*'®'^'^ ^^'^STROM ADDITION t- i . ■' > *• •; i -'«?C ^r^o ^ *'**•» U*»VtY U*Ma« 'C"' Lotd, BioCK I x;j<stTor*i AJciifioK. a; : t duu SMmtt *di'r$4 ' , i 't '< • .' .L- i.iVJ, .. '• ; . ;i..- >• I*..' ' ■ • •• r:.‘* ' -^■ r ;-j;r - . r:-, *; * Ui-4, By<„i (, '.), iv= 4 ■’ 4tS014*dtt t€^Mt^40nA y ' 'it. / rrniSiiSi;V.v / KSu:. • 2 w ’ 4^ -!_________________:___________:___________________________: •■■ • •^ ■ ' ^ls?r5i I mp*imh L I \ s ers4or w iiil^ “lTi.i.». ~ ' 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 OCSXMDIT If- umujj] • OBAWNiV llUl * I iMlj; ni: r\ im -f , . ; ,V'-r ♦V K 7- 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. 0 0 to 3 — nQj 0 (U l<> ••«Ir* Qi 3 «v :jft> •—rt 1— ID•D •/» a 0 1 iO I 1 ID IT r» O' •<»-• -Tk —C Ui‘~i 1 s ft» — 00 u:■3 — 0. (D13 1 M Cl 3 -JC3►- Q. ,13 U3 tJ IT Dm 0 n» u:j ct» -», “3 >T Z3 in - •< a>< « * —H r»"3 — ::*■ 0 rr r- m 2: Q cu ^3 1 r. »*a ,f\\ 1 O CL -% ^ pT* Se Fr- (j 'K D 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 E 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. ■A,r ^ lilsmi] MiMliWlW raimsniT!^Alumni REWiI Klom IIKIILIJ RTK \ t, , ■•' < I ■ ,V<'; .‘vA JV V^\' *■[•riwiTt rti*r«]cfij(ii ti i LiJ iKiiH Li;ii iu;j rtKt^ FjrariTt] ms.LtJ ij iJ mi rewnfiiii ^WMWiipnPtKriiwi Remora iiajrnikirirnr rtinf«i ^niil ^■rtvrt] nmr^i iI4t] 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 #1 /f Q O w 4. r t i.' b # ti j ^ A if C......... _ nCCTrZ t.*l I 4UU X w w*V't.\.^W'VV tEVn 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. r,:.n 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 i .V: i nn1 > w • vn// I » :•] rii-.*: 07/ld/‘^ (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? K. • A* • # • I I- I V - i * t { '■ •) 'I •• * .. . .. (17)1CT I?/ •••* \ (19) ,—r m MIMMITOMKA north arm :>/ ? »f * 4 •_ I (10) ■\ (# Q /i (11)> X / / ^ ^ \ <. » ?s- / fl4) '(15) 9 / '(1) / ( % i ^0 • ••• • • • • • • • • •• ••• ••• • Kv-""”on>^ IS (10)^ \ \ sir\\ v>^'' \ PARTI « r«; » .••%••:“ 9' ^•«<.. • • • • .* ’•. V : : <19.3 * PAR^EA/1 • • •- . • V • ■ •, * . . ■ . ^ ’ ■■:• ' i •■ •• ••9 .. V;.‘•SagP" ■ .■;§ '■•'■ '‘'r''®!'■■'-i ^ *•* i'*'I » < F^' • ‘4 « . » v^JS;* •. * I *. *> • •%• • # . ‘ *. r U’ K - !>■» *. , ■? •' .* > ♦ ,* , I • . • i *• •. •A- • *‘;\ i -v . .'* •; J • .As"'V..** -I?-" ’ . * .* ** 1 9**i •■ • ■ ' ** < '*.**'^.•*-*^ i. ' » ■.:•'**.•. t ■ * -^**^ ' » • ,#i • ' tjm ■ «* ■ *■.**"*•' ■ *f "W- •>.- : r - 'f >. ^ / r.’* *•' * *■ •* "•.* . . .• - •A * *.' .... /•• yr.^' ’ «;* ' .* * •* ^ .r' **! » *f •'k.- -k. fe,• V • m •■-' ;• *•' .* **.- '♦ *♦ *■-'•*'. •*i. •• . ■ . • », •, ■ . •. . k . • _ -- r> \ i,\ \v-- V' *; ^ -V '■'• •^. - -'• A %«•,«.- * '.. ‘ - .• •-*■-V'''■V* * ' ‘ *. •*-• ■*.* '‘ •• *••• *v* *■ * . - .1 . *.*r • • • ' • ^ . ’ . .. •* • * .• •’ ' - • * • * -4- -k •^'‘T '..'r-r •■'<-••';•‘•^*•’••■ .*’;*. '•• r . • •.:/.r * * •' Tli ti J 4 i ! ■-i - 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. / fUpir\ ClA/O.' k . - - v%r, • . / ' Vv-- - * . . . ^ ' •- * ^ ■* . . ‘ . 1'' . . ^ • ■ • . ■ .. . . .'■. •••’ •.•• .• • ■ •. ■■ .• ■'-■•■• ;j k k .•,..* V •••- ■ •^•-* e- o-k . :. 4- • - V.-ie.-'- • • ' ' '. ■ '.- .-■,•^4.*^ c:: EOAN. FIELD & NOWAK SURVEYORS 74ISWAY2ATA SLVa MINNIAMLIS. MINNIMTA ■# “f 7/ I 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 ^ e WoJ A13 fleopk Ho. i f i TI 7.559-3 fFm Q Cl EOAN, FIELD & NOWAK SURVEYORS i! =TtJ> -1.1 r__S V- 74I5WAY2ATA BLVa M/f MINMEAPOUS. MINNUCTA41 Tr CERTIFICATE OF SURVEY ^ I • I-O' 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 i^cNc: ^.€f t-724 ^v::pyQo ^ooo ■CRy ty^LJc,' L t k\I ZZLoo^.:OUT t^RAG,'^fS.4.^o.fTr I VV 0 §^-r ^5®/ I9i li a As/. :s.3 .a-Nj ^s M'l V 4'^ y4 S3 ■*. *? /5.9^ ' OTO q ^^^ ''^rv r^*i 7^ N I 'm, > 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 s Yn/ I/ as ' V^. ^.v 79.4 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 Ar-^-UoOSS' /p-r/Ze/C Sfo0 p Ia/oom:/ . Co//C. Di 'GrtrrAiiS , Sn'GoP C.-flRIVeWAY D., Sidewalk F.Landscape AREAS UNDERLAIN KY , . PLASTIC SHEETING G. Other LENGTH ■WtOTH' X C7r _ X _ X ^.73 zc. 3.7/ 7.rv r: “7 S.F. Total Hardcover in Zone Total Property A rea in Zone , S.F. S.F. S.F. S.F. S.F. S.F. A 0 tigm B X 100 % .r: qu // 9 •S.F. ?<^.t • • S.F. • Zg". 0 S • F • J n Lt----- ^ ^ • S.F. <~o.B S.F. P*rT- - . . / ; ’■ • r . 1 • • 2-/,J S.F. • • • S.F. .S.F. r-.-: - - '> i /—• S.F.=As. ;., ' /# ^S.F. • - •• s-%t/S.F. • S.F. ? -• •••• • • •.mm mmmmrn <••• •• u k ^ 3 ^ r*I / y V NWi11 ^1 11 \ Q / » 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 •- *. \ V'J. .CV I; u « . % .* t k V f • r • • i • . » V •* - V. » i ' k-« 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. . • • •• %-•^ 9 . • t V % .• • I ■1 • -"*' ■ i Y.) \ f) i) %J C-‘ '*>. c c^.r / /vfjcy rrI :i;« i 1^ . .. f ** t w '**4 i. % « \S .4,. !f:• — • • • . . ^^mif ~ ••^ . . • •' .’» •• .r - .T» ¥ r* — ^•V“'^'"*^'*Tnr‘^>*i*^'** '<n. ***!^ . • :-•^ ’'4 ■^'5 /, * '*\ !-.' ‘ CK 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 I .. o !o 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 1%« 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 * ’i'f' sff w' * * ' * * / - > - -• HARDCOVER CALC'JLATIO!! WORKSI-HT— / SETBACK zone: (ciBC- ONE) 0-75' 250-500' 5CQ-:000' Existing Hardccvei! in Zone House _ • • length X to c - S • r • X WIDTH i«y = /o^z S.F.*'^ A ^ iL X K?. 1(6 - ^ \y^5 • r • jo^Cfr - 7^X L • = /^6 S.F. ModS^•y 3. GaRAGc 7 3-AO X S.F. X S.F. c. Driveway , -x —(J— __ X = S.F,"'— Ir! 9^0 =S.F. D. Sidewalk ^Jl£-x__l n<S.F. (I I ' ., . . r'j. ^ /'2- S.F. ^ATIO/ )ECK nn^0 J V S.F. poo I P--e2< • , LandscSe_ _ AREAS UNDERLAIN BY • - - - PLASTIC SHEETING S7 r /O ■ ^ro ■Sn Op S.F. 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 ?1 iHO -A-rri ^% S ') /7-d?<?- . < 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 I' rh '.y.:; ''•'mmmmM sill -■•• ■•;:.v<v,;.- ’ *f'i • *'i*'*v "•1'; ‘’x* !'V i| r ¥ 1 r 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' . '1 ^ * f* ^» I *i’ V' a ■-•u* • . W' V • V V * '*L. • VV ■ -->-4w\ fou^ :**. * .Pt* * -'• -•.il ; ;- w'V . ‘ * t f ». w ' 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 - •-/ ^^te )■■ U-7 Owner's signature j:Date iSBSiiSiffil LV- ■ iV J ■/ 'V :• 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 .ty vt rr^ V;-vi . L 1..•m. ■**' 5*^vV'- .'•v .'•. ■;*'^"*v^ •*'♦**.mjH OATt ii/of/a? BATOI 001POO^ AD30 C»il« MAK TAXfAUO•UMt/AOr*10 i<-iia-2S ti 0001 0)220 MAVZATA BIVD iOOCOT E ourus UAL COSCRT I oun^s AOS 010 CRISTAL OAT PCAO lac LARC m 5S)SA 10 ::*na-2i ii oooi 00A60 aiU!^S OAY RO N MALT2R L lAlHROP ETAL lULYCI I Uiicaop 400 STUDOl DAT RO 10113 LARC rtl SS)Sa 10 12-110-21 14 0002 012AS UATMTA DIVO N r EISIICIR CTAL*v HCUACO r CllDCEII -v! 1241 UAY2ATA DIVO C IOC lARE rti 5S1SO mifiipiti couiiT raoriRiY iiifo^jr.Anon SYSTtn IVOriKII 021LRS list30 32-11021 12 000103S00 UAlZAfA OLVO M UIllIAtl iURiOl II tJlltlArl IUR10*4ssoi i:a'::uu cikur or ItPlS roi SS432 10 32-110-21 11 0004 00440 MUIDS CAT RO II roCOLPfC P RICOEL IRCOERU P PlIOCL P 0 DOX 144 IO»C Ur.f tCI 10 12-110-21 41 0001 PAUL A STUCDl IY130U SlUrOS »C5 010 CRiSIAl DM PO tOfC lAKE rOI SS340 pcrcRT io« pi4moi PACE 5IS 12-110-.!! 11 0001 0SS07 UilZATA CL\D0 A c ruiriLR0 CRIAH rutruR 1C02 UATZAIA DIVO LOlr. ..AXE m SS3C6 30 12-110-21 14 0001 0124S IJAYZATA DIVO N E flSIllCER UAL iia.'ARo r iisitctR or 2 cox 454 UXC LAKE m 55154 10 11-110-21 21 0002 0)025 UiYZATA OLVD PCCtRT f I rATiaTII Oltus Pt r.lRT E I rATIlRYIl Durus )0:s MiYZiTA DLVO IO C IA>C ril 55354 TOTAL OAiril 00) OOOlO I CCOTIFT TTtAT Till rACTS CHPrSt^rTtO ARE A»I ACCURATE AID IWUE Ptf^cstfiiATiai or ;nro“iuTiori as it Arrcips mis date ai the picwos or T IE iincrtPiii cocinT oiriniitriH or raorcRir ta ^iaiicxi , to ime dest or r/ m:d .iiioce ato oiiitr. date I»fCT.i rAr.i V; • .* Ii [__L orto ;r/.: t:W- i' ‘ iSi Vi'u’-J-y isi .i »;lC: 7^- yf m! :<i. • t'f.i •, •Vr ‘ * V’V-1 I. r* -' • r «• -7 =. \ • .4 *•i.I • ' k ^;V»* A':v Vr's2;V,:/.>I-• \ \ j y 9 ijr y J 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 4 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& Associates Engineers & Architeas O' I C Pourti w rf * i Af«yyift i»i '*Ujive • I V iViCi r( fc%ruiill <^irn»i t C t«4. I Nr^M. H f* /'I ^(wai M iUr*in f A Wr«MS. f4. A (rrkYi f| Cfr^» y N '-r I VV r-W .*f, u*^r I i i<««v^a. «*c ( ►> AI \ A %%9nur\ ft M.el A tlenio>i rr I «4U«jnr\ K{ r /wf .hiaf.Kf A'vw)or\ ALA iViufeM fl fAuri,.\ ; A/^t iitrfLifi r a;u i»r .\rci M %s^ Acv p :mm4« a* 9\ C Lr%f> r\ M LUioni -*^7 U ^ <h. f I ^ K> i itt\ Urt A Vm f a Ccy W Mtfvn /*in Ml Setmioi. n J C^^bet UMt h ia:«v Ff 0 f r f K?«la» f* M LiTNt I ar 1 O Iipw«a^.* >*1 I aoi L^r: rr^n » Yv^vi I'l irii^ I ff (arwJSrfet FI f fwirs A M r tiULBi M ( IVtfi h«nt*» • ! ryi«v«nr 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. mm-v#i La'i^;^'!'• • .♦rai5i5c5'^.vV'c?; K •»• i'•• •i ;.v>.v,.rSc\(S : • V.V‘;•. - •? . :•* ^ y *‘7*:-r « t* / '? • ¥■'<’mm T?i .V-* •* V* • O. ;\ •* *i . r ; ... > ■ mmm » '• - il' ofrlSc :r\,» f,xyi p:: mxV-'' * r>3z 7*'* 7uT IftSk * i .Vr iSS^Sl K"S :$s -.t.>>.f>\Vi : <‘r .•/.^’•* "" ' lo»o ■ • i fe;J c'.'.v '5nV-5‘ MII B r. IS 5^ V-*>K in 3E«a*4'^:;' pf •W'- :• m Mfgii w ^--------- C__ti IN', ' :»»*/• L>k If it a^ssjfeK#!:i ‘'1 >5•-i ^«S^vv?i/^.; V .• -•.• • • .=• •• i- 5w^; ^^'o ia L'• • ' ■" •• ■'' i C C T • o !1 fc-e i *c*•••fZ Q, y ; r, V*'-^v/*\ ; . w v.i,v.j>4 • .•*vl ■ i *>>A' «- ♦ ^ >'♦ -v^a ■y. ■ V.- :i rr,^ (•- ‘-V.'I;? e -» •* *. ^.f':s- ■ j.% • # * 4t • • a '-.•. •• • , . # * V • * “> x'.;>!;r:\Vr:,.-^-..a-r >‘ IS-‘S m .._..... % .'U.V ^# •» •%• •• V3:%>*% » •'• * '^¥1 * 4.Ar^»‘**«^*^ 4 '••: ‘••‘7*;V*4 • • ?• *:?.’’/» 0 •• #• . ^ • • •• V^’ «u "-Ai .*<T\ f< k. ^>y,v P c" iVl, •• -«■: • ~ .*. «'> >t. * fC*^ * *-V^ . .-■ ■' •\rA *. mm *5J#r • Vi k. k« •■• .'i'. # »A ] ?r? ’j 'n' ;.-,^,' > •**,».».w. ■^•v ••',»jr • '•.•V •'*• r .V.%' I----------- ,+..v •****^***^^‘^*^^—^— _____ ______ ____ ^ ^ W • ■-!0 v;v>li, • ^ - r*. V\ ■'•--2»‘/^.v;..»V C.X-VV,. V .,.___ # V«*« •*V*4yiW%‘VV^/.^r »;.u..^.v.'wnt Pt ^H> > — JA.ft.’^TTTT^ / f| - / »*p*ly To; ^^•'»y 23, 19 07 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*- -• nn: M »• • • •CAnnon: 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 P; 1^' V*-<«'.-p. r# ■rm So lordfUl arOA WA«I ► h-.r*; . I v - *'>; -»• * ‘o- '.■'J '»* t iV IV.OT L, h'^ i' •*Vt-r ! * ' . ^ * • * '4!^* • ^', » - > I i *',v- t ✓•I * • Jr * **.^*!? ’**'‘•*5.• V>*^* t •£ •• •' V* ^ -#i«»'73-IS7y«*k O i • • ••» #-• »♦ ► • *f . 0 ' • t • • ■■ T.r. .“r,.iU ordi.-..rUy curr.«ly ................ -- •oct . ct -.ion - imo Mw# i' ■ r«»tr*ints ha ua any questions your convenjor.cc • you •net \ lif i« 4 f «t# r 1> . . .s • < «»’ VTi<C/JJC:«QC AtcjchmcAt:Sketch 1 .A >S','v"* v.S s;1^1 'f*V5£:: t- ■•‘•-.•ifS-V • • • . • - ^;j V^ .• V?:'; ^ •'Vi*'’•' “■•-i-r.v/# .,' f ‘V -- i J »y .%' *> •»' .. .-M •, .*>. •V-" '•f Ct */ a •• 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 : 4'^t ^xiAwin^^ 1/inUeill ijr.a placed in two of 2 1/2 pon i tor i. r.<j pint'.i s.'^ojld br* TAtii of settlor.fnt cau.-.exl by t r*.#' add ; t; on.% a or r.r.'.;o. •ill •Aid «“ hi» t no n i!a I r. c! ^ w f i - a . ovaI\: i r.^ ?o *i •» * * * y 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. ■ i^sr^ ‘s-»^ ,^2~1 t; r;> vv ■. •'A"'* * . - N ' ? .ev^v . . ‘.>.‘wVhhV.- • w /di .-V S”C'^V- :■ feSJW': • ^1.. V- % JjJ ■^^PL :,%'v-i!ii>.l ■ »r • • '-*-r-^‘^s- rr*^ 1” ........." — ' = • ...................- •M—- • ■-...........-t-j................~/ypica / //■• - '• • ............................................................................. •. .....—- . « .... f~r*“ I- ... J'l/o \fJ^,}Tc/ £*lS jAj^ c r* F^i // »—! —.^...1^ .. . • i. . « . . 4 • - -.... ---------- .... • -m* % “ ?* i- H't vU'.v • • •I A .— «'i: -A • - :■ 'TTT'- / .<’•______________ 'p. Z\y c!//^ S ^.//.■■■ i)\ ..V____.OTi_______ \ • III I * ’ : _^_.!...l. ... jC»:yi^.,t. ..f.-?.x'fr''f*- Ij • * • I • • • - ■ • • • • • ;____^;,r>.^ • ♦ - O • • • H '■••••^^•"'•**—--7-: v-rr-rT'r % • ''• i ->v •; v7^ i ;^i3J T'*,.- '-{Sh ■<*V ' ?v-fm I'* . -V :< i fvi’5 i**.'.','‘•^..'■*-'^1 ' *. V >1 .% ->v* r.-H ;j>:< «L>r^ cT.\K^. rxi^- W^- &•:% <r V »lvA^' . VJ• v^ -• N* S»^VJ-g '•.%f'» 'v''* fr* ■ > c :r^\n-tel • •. *’> •'•■'■ '•■■':'IIk » *. ^' < -V(,, If • . • • * *i • i •« «< .« \ Ji^i V\ v: 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 r>>' • S *S " j • , I "• ^ '-. '.V ‘V,: A- A h- -^4 , X ' k*w<'m-ii-k k*. -V - -v^ • \f4i vV roAlt m m m*X^4iM .rr-.j 5^. •V .'i .' .|v.>; ‘ 'i' ly. V‘\ i! ^.9 IJ.>4, . n ■, m0i'^> iW- ‘^;'S|5, *>j ^ V •*< r. ifT;* yji V‘*, ■’A '' V'i":': ktfci. »*- IL. 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 f'S** * . i* V » V* > 5 r ••.- A *V .<% ^ •^■* ■***<^ »^- -X^-* - **^\ui-j.-s£afflac• « ••V 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% V' * //47.4 11in^ City Clerk V r upn r t*yownoTTTy •• V # James H, cTabFT^ Mayor ,y .. , s ♦«' \V* f , A \ W ■' ■liTr *5|f ,:l -k. , it.-y-. >.? . .'iV r r-J * *:<.v / V .•» ' » 'C VA? ^ ^ \ ^ ^ ' ***' . * - * ^ 'S Hv* ; (T “ V** ‘■ ♦ *^" yf'—p V . S ^ TT ^ \ I ..■ ..; % ' i V * Y" •».y *' * 1. y' ■> ■ 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 ' \ /'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 *C V •• *• • •t •> ^ * »•.' '• (SEAL) • O - • - 7. - d . - •f' >. *• ... ... ^ • •)' t , « . i * ■*** ^“1 • • • o -1 5T •• •A • » I V.. V- !•Is 9li OJ f *5 ' ' 1. « “ m ^ r • *•¥1 K 'y 0 • » -Ti *. V •' >- fifciTiiiiiiii iirfAmn //. 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 _________________________ A :> ^5^ ’3 A J- t 1. ^ ’ •• ^ . » « . — - • V . ■' . L .-v"< m ‘ •mmt- 5 CCO^' 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 • •* • . r.,. 1 w W ’ ^ - .. - * *. T • “ ’ t 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 4 7^ i f n * 22 -» »y K - > kw .•:^ (Ifk 11 a. •ti* \ ) '*’0»;j 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 V -W a- llsryr >■ >l:-^.-«T»»r»-<^y fci---------^ •. .^A i - _, ^. •. .v‘^v’i'-4i3S^ * /• ' ^”Vv. s' .' • mmm . j» «•v> ' ^ .. -^j-. ^;. '.^ ^ ^ VjU*. - ■. » V' ■,r:v! I V V^ 1 .V-^ •• V .... n-.^,Y'-i'' .••,^ .r > «• • * V ■ *v _ A*__Cj. ;> ,- ;...;-^^:.,.--vi». • • . • # ■ ' ■^ • '‘ * - —* •^**‘ i iVrg^ijjtt: \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 Hd. ^VIwiHk •' Ml '^V“ f •T':' 5!^ "■ /-• r I.. . I , V'^ ^< ' ^ 4E,^ ■.• ’ . -^Ql-^--ft. V * .y- . I ^• ' .■ - 'v ^-or.- ; C.*'*" ; -■;;S • . -.Vie. , r ■* G-* 4rr' V k -s <>#> ■« />j.r..v -. .^■' :•»%•.>• \ ^ > >. > -^ ^ »». 1^ - ^ ■ *>____ , ‘W. c>>. ♦. ^>V • ♦V'* \iy Jk-.i ■'r. "SBa^i - ;■-vv.: ;i: ■; • *^jxr. -X-/ - e I . I 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. v'-;v.' i - vi.® Wm Ini ■ • • v^ V^ \V~ ' U tfLAiii -j£f?5i^r -rT^^ f '11^1' ^' •'<♦- '■^■: -S4':f ‘ 'i wmm t-r- . j >7 ' * " V. -* • i * ^fi-'A. '#.■# , •-* " '• vC)A. > <r* ’t*!i^^;?aB)rK. V , ■ ; :a-:=iL~ij=. i i \ LOUB-K UCueC ' 1 44 V It d h' ( • I '\e ' > '> V *• ■■' -V SfccHP FUtXi ■A; V V i 1 1 >7•at* Vf f in CT- m rV., i. r s' •*f V. /• I f :,-■. ■■) -t- O -»*.v r--" ir\ -i. ,N y ii^.'kM*. •-.1'a» HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 250-500' 500-1000' E xisting Hardcover in Zone A. House X8 ‘ LENGTH Vi!) O' B. Garage c. Orivexay su.4tyie.y . . y' a- \j D.. Sidewalk E. Patio/ Deck F.Landscape AREAS UNDERLAIN BY : . PLASTIC SHEETING /s- g.\^0ther ^ X X X /S’ WIDTH iil /o Total Hardcover in Zone Total Property Area in Zone ' /So JTi^ :2j>s/ fa(?fOSeO S.F. S.F. S.F. S.F. S.F. _ S.F. S.F. S.F. __S.F. ex'c^.^L> S.F. S.F. S.F S.F. S.F. S.F. S.F. S.F. e^'^T-w C^.O b </^'7CP '' S.F. zim£_s.F. G (4. 0&(p.^'^ -r B /■/ _ X 100 » (27.0 % ey^4'p^i<> ■'■"............. .-■ ■> ^4«17S Vt 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 •V mm •/'. *lv V . :l: .• i w X '• •• ■ •/** V? ■1 ;•• ■i h'^oiL ^7 B jjf / 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 ,1 fcrV > *^1 * . .j . . - .* .*‘- •.. *. V •.'^-fc*-***”^* v‘f^ k - ; v7-/ yaiat!^i^> 'i|»«.ii<^-icaig; *?r • 1I -3q 7 ^III It: / • ^ - . ■ Iwt • ’•• '••»' M Fl^t of Survey for Stnto B?.nk of Long Lake of jart of Let 46, Tonkavlew Gardens Hennepin Covmty, Minnesota IS |r I • tw' -ii. i • ; •/.• . K e '*7* 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' ‘‘f; s«r •*• • .* . . . , ;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 Vtv:.’ • . #>v * .T ' ' <-a>. ■;* t * contractor, Gary Ebort, were preeert. ABBistant Zoning Administrator Gaffron noted the affidavit of publication and the certificate of mailing. 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