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01-20-1987 Planning Packet
• Vi- 1C." fi 4 PLANNING CX)MMISSION MEETING TUESDAY, JANUARY 20, 1987 7:30 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAl COUNCIL REPRESENTATIVE - Barbara Peterson ATTENDANCE PUBLIC HEARINGS 1. 7:30 p.m #1097 Van Eeckhout Building Corporation & Roger Plank 2020/2080 Salem Court, Vac=^tion of Drainage and Utility Easement 2, 7:45 p.m, #1096 J. Vogt and M. Hilbelink, 95/175 Watertown Road Subdivision 3. 9:00 p.m. Zoning Amendment ACTION ITEMS 4. #1012 Wayzata Country Club, 200 Wayzata Boulevard - Conditional Use Permit - Continuation of Public Hearing 5. #1080 John McDowell, 3750,3820,3830,3860 Bayside Road Rezoning - Continuation of Public Hearing 6. #1090 Roger W. Hollander, 200/250 Hollander Road - Subdivision ~ Continuation of Public Hearing 7. #1098 C. Wayne Leneave, 360 Wakefield Road - Conditional Use Permit - Public Hearing 8. #1099 Carolynne A. Hibbs, 2765 Fox Street - Variance - Public Hearing 9. #1100 Michael Plank, 4145 Watertown Road - Conditional Use Permit - Public Hearing 10. #1101 James E. Mertes, 3237 Casco Circle - Renewal Variance - Public Hearing 11.Zoning Amendment - Performance standards for non rental/guest apartments within principal residences - Second Review ADDITIONAL ITEMS 12. Planning Conanission Attendance at February 9, 1987 Council Meeting 13. Schedule of Council Attendance at Planning Commission Meetings for 1987. ADJOURNMENT P c. PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE / j^6 j S'! PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) Si^uXj Ct 5. M /] yf" /, /- / i -... 9. 10 • ^ ^ ^7 f ‘ 11 • Oz (V ^ ^ i^St9nn 1 5. ^ ^ ^ ^ f ^ ^~TK16. ! 'U<n,l^ 11. Ohx^lul^P^^r ■% 'l V';. _ '• 44^ •3 '■/ yc! /C,c H put At,. CP} ~7 y c /) tc X, L(. /j i' f ?A Jf. 7 1(4 ‘yU r fc'l , )f t ^ O ,v' I ( //f r / i 3 0 0 vv; C % 1 T *♦ r M G. *- ^ t' W V - ^ r\ Llk^L.^^yiAL^'' 1-lA . C • VWC P'C , /- V 6_ :^v_''i. ^ ^ r I '. x /2<o/ AieJboie^ ' i'.\--'t- o\’. i. U ’. , J ’/ u A II . <I' (^ >yt!0 /, ,/'V ? ?r ,, );>■;/,. / j 'V' y-^,' /, <-/u// /' ^ -3'/ fTf> ^ rC^O y 7 /y '0 n^^fC “10 I 2, ^ \cFO *r /f' <5*^ ^ ^ I ^ Cli ' s • I CO /(. A^ c > i\r. I -z/ -jj 'o9f Uft'^c uyf ^f)ftiyo TnI J To:Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning S Zoning Administrator Date: Subject; January 16, 1987 #1097 Van Eeckhout Building Corporation/Gary Roderick Const./ Mr. & Mrs. Roger Plank - 2020, 2080 Salem Court - Vacation of Drainage and Utility Easements- Public Hearing List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey With Legal Descriptions of Easements (to be vacated and granted) *^^^^'^The°*^applicants are property owners involved in the Van Eeckhout lot line rearrangement recently granted final approval by Council. That lot line rearrangement did not vacate easements existing along the old lot lines, and those old easements are no longer appropriate and act only as a hindrance in development of the properties. This application is to vacate those easements and provide new, appropriately located easements per the new lot lines. Please review the survey. Exhibit D. - Easement 4, to be vacated, was 5’ either side of the old north-south lot line. - Easement 3, to be granted between property owners, is over the existing utility lines (electric, phone?) serving the existing house. 2020 Salem Court grants the easement in favor of 2080 Salem Cour . - Easement 2 is the new standard drainage and utility easement, 5' either side of the new lot line, to be granted to the City by both property owners. . Easement 1 is r widening of easement 2 to be granted to the City by 2020 Salem Court. This easement contains a footing drain tile lead g from the house at 2080 Salem Court to an outlet near the road ditch. No changes in existing physical drainageways are required. of 2080 Salem Court will, of course, retain the right to have the utilities moved onto his property at his own expense if he so wishes. Commencement of construction of a new residence at 2020 Salem Court, to be located just northeast of easement II, is anticipated shortly. Staff Recommendation: Staff recommends approval of the vacation of easement 4 nnon condition that easements 1 and 2 be granted Salem documentation that easement 3 has been granted by 2020 to Court. >** ' '■ \I I k. -1 r li if r ^ ^‘7 1''* 1*^ r’^ ’‘ ’' ' uL‘-l.t-OiTY ^ ORONO GENERAL JAND USE APPLICATION »» •■• i» ttM «» MV mm mm mmm mm mm mm mm mmm «rt» mm mm mm mm mm mm mm mmm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm m PROPERTY LOCATION ^ Site Address "Z^O ?,0 ‘SA.L-eJvl Coo'.t^T" Property Identification Number (P.I.D.) .O'! - f f k-3/ ro U) Please check one - Is the property ____ (for Conditional Use Applic=Jtions only) abstract or torrehs? Please attach legal description to application if not included on required survey. 1 APPLICANT ^ame }/(\rjt^i^Oi:L(AO j r I^XT>. Coi^'V,3?hone Mailing Address 19^ T^i-VQ. j LoV(^^ Li\<.C5. (OWN^^ Name Phone Mailing Address Date Property Acquired _ n^^ also own the adjacent parcels of land. (mcnth/year) I (do) FEES - CONDITIONAL USE PERMITS $100.00 a)Residential accessory Use $150.00 b)Institutional (c^ urch.school, etc. $150.00 c)Duplex Credit/Bldg - ^ -i-ds . m ^ $250.00 d)Commercial/Industrial 4 • ^ i 'Use $200.00 f)Land Alteration 4 Grading and filling ~ 101 cu. yd. or more Seawall, retaining walls within 7§* of lakeshore PRD/PID — see fee schedule OTBEH APPLICATIONS _ _ _ _ $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Basement Vacation lasement Vacation With Subdivision torrens? liided on lEBi] 3^^ Mira ^#1«1 rfl-Iil toiic . _ 2 UJt S ^< O Cl O2 M wj lu^ t s ^t?i| M 4U 2 h- O HI CK Ul X >*tis^^ I u To:Orono Planning Commission Members From:Jeanne A, Mabusth, Zoning Administrator Date:January 11, 1987 Subject: #1096 John Vogt and Mike Hiibelink, 95/175 Watertown Road - Subdivision - Public Hearing Application - Subdivision - Class III - Plat of 6 lots served by new private road designated as outlot. Zoning District - RR-IB Total Acreage - 14.86 dry contiguous acres Density Ratio - 1 unit per 2.25 acres List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map Property Owners List Easement/Covenant for Private Road Drainage Sketch Preliminary Plat The subdivision involves the replat of Lots 2 and 3, Peterman Addition, approval date by the City 11/10/86. The new proposal involves the creation of 4 additional lots with total development at 6 lots. Each lot satisfies the area and width standards. There are no existing structures on the property. In creating the private road, a variance to the required public road frontage for each lot must be rranted. The City will require that all accesses be via the private road with no direct access for Lot 1 on Watertown Road. Gaffron reports that all lots meet the standards of the on site septic code finding suitable area for principal and alternate septic sites on each of the proposed lots. The proposed septic designs would appear in preliminary review to also conform to required standards based on findings of percolation tests, depth of mottling and ground elevations. The City Engineer's report will be available at our Planning Commission meeting. Cook has called attention to the elevations along the west lot line of the plat. He recommended that a drainage ditch be installed along the west lot lines of Lots 1 and 2 in order to prevent drainage from east to drain into adjacent property. Cook asks that the drainage ditch be defined along Lots 1 and 2 prior to lot development and that as lots to the north are developed any drainage to west be channeled to drainage ditch along west lot lines. He sees no need to increase the 10 feet wide easement. Ji Zoning Pile #1096 January 14, 1987 Page 2 of 3 Review Exhibit F, Cook is concerned with the drainage that IS channeled to the southeast corner of the Rosch property. We have inspected the site and would recommend that a drainage ditch also be installed along the edge of the right-of-way of Watertown Road up to the east side of the Rosch's driveway. The ditch along VZatertown Road would be just to the north of the large trees along the road. Cook advises that Ms. Rosch would have to pant a temporary construction easement along the south edge cf her property line to permit the installation. Staff has enclosed a copy of the private road easement and covenants for maintenance of the road (Exhibit D), that was pecuted by the applicants with the first plat. Note on page 2, first paragraph the reference to Lot 2 Hal Ison Estates' future use of the private road. The issue of future access will not be staff unless the Planning Commission wishes to address the mpter again. The Peterman Addition was a recent plat and the directives of the previous Council were realized. In a more recent plat review the P & A Investment Company pbdivision application, the City had unfortunately, or fortunately, depending on your persuasion, realized that it lacked the necessary legal clout to require the reloation of an epsting access or the shared use of an existing access, unless there is proof of eminent danger in the continued use of an exiping road or that the property to be developed can not achieve safe access within its own boundaries. Clearly, the Knoll Manor access was superior over the Tanglewood Road access but Council moved to ro-affirm the continued use of Tanglewood Road because the reviewing agencies, consultants and staff were unable to provide sufficient proof for the Council that there was eminent danger to the public safety with the use of both accesses with only a 50+ feet separation. Staff would suggest that there is merit in a policy that would reduce the number of curb cuts on a given road based on good planning standards such as safe separation or distance between curb cuts for private or public roads, design limitations or physica^ limitations of roads, minimal sighting distance required based on maximum allowed speeds, the pattern of development and level of development. The City can move to change an existing private road access if there is a clear and present danger - should the City retain authority to change a private road access based on sound planning standards rather than the sole safety factor? If the City plans to reserve the right to alter or replace a private road access, then it must alert and advise all landowners of its future intent and adopt a policy establishing standards for curb cuts for single driveways, shared driveways, private roads, shared access for mulitple private roads, public roads. n Zoning File #1096 January 14, 1987 Page 3 of 3 Staff Recommendation To recommend approval of the preliminary plat, Peterman 2nd Addition, finding all standards of the RR-IB Zoning District and On-site Septic Codes have been satisfied and grant a variance to the requirement that all lots have frontage on a public road with the creation of a private road that will provide a single safe access for six residence lots based on the following conditions: 1. Applicant must provide engineering plans for private road based on standards of Section 11.33, Subdivisions 4 & 5 of the subdivision regulations. Road base to be completed and approved by City prior to issuance of building permit for new construction. 2. Drainage ditch along west lot lines of Lots 1 & 2 and approximately 50 feet along Watertown Road right-of-way to be*installed prior to issuance of a building permit for new construction. 3. Payment of $800.00 park fee, $200.00 per each 2 acre lot - fees already paid for 2 of the 6 lots with Peterman Addition plat. 4. Applicant may be asked to execute a new road and utility easement upon completion of preliminary plat review based on City's intent to reserve future right to alter or replace existing accesses if that access is deemed unsound based on physical changes in the environment. 5. Request road name approval by Council for Royal Oak Court - applicant to provide two other choices. i f L ./• t' u A’ J (J r; ’‘A 'i-.x'V C.\ y-^f. V- '••• •'■i y'J DcLte Rec'd Jy-lsj/i^- By r • /^ CITY OP ORONO Fee Rec'd SUBDIVISION APPLICATION FORM applicant Name y,\] nifJ‘ <r^ih ^ 7 /r'/T V/- c C Mailing Address—/>».• .• y Telephone _?■ ■* ><'’.’c>- < y V V ' C:.;;? ly Property Name x-V /c- -.*c; /-^n ycm :rSysCr- if •»- _ • - afn « OWNER 1-z 'j^ ~~ / > P. ' /•'/f ■'. Mailing Address //. Telephone (Attach list if more than one) y/<^S>y:y / PROPERTY LOCATION Street Address Property Identification No. (P.I.D.) Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels cl. Development Size /^, Acres Dry Land _ _ _ _ Acres Wet Land ,/</. ’^'oTT' Acres Total, all parcels Present Use (check)Residential? no. of units _ _ _ _ Other (specify) />xv?>7 j Present Zoning District L:>y , f y ryy*c_ 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: J__ _ Units per Z, ^71 Acres ^>4* Square Feet Dry Buildable Land Proposed Use: (check)Reridential Other (specify) (OVER) Ill illWIHUI MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey, 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4 . Stamped, legal sized envelopes ( #10 ) pre-addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete.' . Zoning Officials Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date _ _ _ _ _ _ _ _ P. • i MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1, Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ _ _ _ FEES Sketch Plan Review (Class I, II & III)$150.00 Preliminary Review (Class I & II Subdivisions) $250.00 Preliminary Review (Class III and all non-residential) $300.00 plus 20.00/lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) $150.00* ApplioanFhas readTFKSaibbve and 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 Signaturez^ Owner's Signature ate // Date Applicant must ha^ all submittals into the City offices 25 days ^fore the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. i1 • • i zsm oa X3 u > •<m;a o m K .-o z o m -g o XI 04 XIui a 1 \ oo ooo a XI r" r*oZ G1 O fc n 2 ^o xj > a 3Sin Ul Ul oi 1>I 9gw Ul Ul A Avfin O' V-#ss 04 Ul O' 01 ■<x Ho 7Qa o XI >nrn XIo c/i >oni XIo in S o IM O' o OI 01 04 U I SS H I m » 04 o ^ gw »sa o I O'o f* IT O U M O 0l O I -I mg ; I in 01 04 r- oiI** -< XIa O' O 04 04 I ’90*^ 09 I IM 04 ? O G Q r* S ® > 04 ooo M 6^0 5^* 0 \ <v -Io M es!-*-'O 04 M 0l 3 01 ^ MH >r- gg-QH O' O 04 H 04 In n cn > 3 m H PXI 2 04 1 a •U T3 XJ «3 m • Mi M 4^ O city op orono Document Form Sept. 1979 declaration op phtvate road easement AND ■E^erman AddiHr,^ know all men by these PRESENTS: % whereas. John P \T»-\/ iionn E. Vogt & Michael j • , /-n Z --------l_^jHiIbelin k and LilUam n (hereinafter -the subdivLeT"n! T"""" ' '----- parcel of real estate located in thfcLrofT ___ as followT ’ PrernarAS"' bounty; ana Recoraer. in and for Hennepin :r “ —• •r:'xr~•“ Subdrvision Name) - - - - - -(hereinafter "t-hrt • -- - - - the mutual benefit of Lots 2^3 Peterman Addition ^hdivisi'on Name) -- - -- NOW, therefore, in at*ciU-4 claration of Covenants, Conaitirrs*'”^''"'' created by any other bdivider does by this Declaration lor "" Ease»onts, the trs sccoessors and assigns, hereby creaTIs"“ (‘heir) eway, ingress and egress dral ^^^-exclusive easement I ecross the private road as a:.crm'° described above for the mutual benefit of 1 Of 4 f ' <1 Lots 2 & 3 Peterman Addition (Subdivision Name) Peterman Addition __ _ _ _ _ _ _ _(hereinafter "benefited lots")and _ , JLKiXXJhXitX for the benefit of any lots in ; and for the benefit of the future development(Subdivision Name) of Lot 2 Hallson Estates Addition, at the cost of $8 ,000 per 2 acre lot plus carrying costs. VJHEREAS, the subdivider is the sole ovmer of the private road and all the benefited lots except for the undersigned who are all the owners of record of the following described lots in the City of Orono, County of Hennepin: Lots 2 & 3, Block 1, Peterman Addition I . • therefore, in consideration of the receipt of One Dollar (§1.00) and the granting of the above private road easement for the benefited lots, the above owners of each benefited lot, their heirs, assigns and successors (hereinafter referred to as owners or owner) hereby covenant and agree as follows: 1. That the owners do hereby acknowledge the existence of said private road easement and the existence of the private road, which is not a publicly dedicated roadway, and that the City of Orono has no obligation to maintain or service said private road, and that the City of Orono does not intend to acquire cr open said private road as a public roadway. 2. That the owners will and do hereby assume and agree to pay ^ share of the costs of maintaining, repairing and replacing, if necessary, the private road over said easement described herein to at least a standard of quality equal to the private road as it was approved the City of Orono as part of the subdivision of the adjoining land, and as may be required from time to time by the ordinances of the City of Orono in regard to private roads. Each owner's share of such costs shall be due and payable on the date such costs for construction, maintenance or repair are due and payable to the person or entity rendering an account therefore. Each owner's share of such costs shall bear interest at a rate of eight (8) percent per annum from such due date to the date of payment. Any owner may bring action, on behalf of the non-defaulting Owners, to collect a defaulting Owner's share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. 2 of 4 > 1 r ! ") d, mt sh^n ^ costs incurr-^^ ^ sixty (6o%) Of the J^epair of the pr' to iTiaintain^^rfinJ^^^ that the Owners of ^ ^t is agreed b>^all P^ivate\oad^ <3escribed herein fail « SToESi%g;ff surf^-^ witnout limitation^^? repair o>-^ ^^etermined surfacing and -esurfacino k' ^°st of clefnfn^ "" replacement, adjoining the privat^ number of fn? removal/ T“™“wifh Each of the Own^v this Agreement.With each nf 4-u^ ^ '-Owners of a t^4l ^ mess expressly assumed jjx*iVAf* lL°l!"lbstr^lt^or!nt i" ^cco.vdanoe withOther Oivners in whatever with Provided, no Own«^^£v1 SF bTaVo£»s^ coIt\r3^:r°|^ror ‘a\r^^"^°“^ to^t^"”pir"ori£"‘^"'’-°i"-vo“the ' Shall have .he right and'powii remaining Owner-^^® demand of any th /\9al proceeding for^fh f collect the co-t of"' ”5 themf he rights and privileges of Owi^cr ^ 0-ner in thruse of»e o£ the private road, 3 of 4 d Rhnn . costs incnr-v.^ ^ Sixty (gqs ) ’ wa.vefo?\T — M.30U .. -‘>anao„™enfof‘^\“-o?r assessments In the e "'’® or%sf within thi?tr(3o!'‘%^''°P°^^^°^^te cos^in aaxd ProportioLtrsharff' r'" ®achX^|^\"!?/°Pth above from and after the Site ol thifr® . 3. Each of the Owr.« Agreement. his/her/their proDoi?! Wshe/thev c-hai^" ^®^^s of all of the o^-k paragraph. The share of the'en^f Promptly when due .;*£f “ —v„,„. “-S ^ ^ expressly assumed s£r£i"£vl3^^^^ such restoratio^fo^ pr?oJ^c^dif® the d such assessment shaJ i k ^*^®t the Owner who vir'i 5^°^ assess the shaff^K remaining Owners <^uc and payable section shall have the riaht Ar>ri* the remain inn n demand cf anv Xh a legal procll^r'ng^^or'Trf or any of^^hlmf he rights and privileges of ollor 903 Of another Owner in thl lL -ith use Of the private road, 3 of 4 cSncr.-,I;"acti'orto'on-''"-'’° Owners, or any of f,shall be entitled fr. such interference and the^r,°^ them, may court may allow, togetherwitra!l/‘''‘°°'’'“^^° "‘“o^^ney's foes^nr?he“'"'^ anourrod in conncct?:n”?Lro:;?th"" necessary costs a^d dfsSu^LemcL’ts .=«ooir:^s“,”S,K ".;"r.'s-.;'2,5-1-...«across said private road. -nil ESi£o\\1SrLv °° -^™rs^f thfcitrciSn^ifor"thrcur3S.'°"°^"'°""“"^ easement -nd'coveLnf th^da^a^ry^arfabove°wrUt^n!^ / STATE OF MINNESOTA ) COUlfTY OF HENNEPIN ) On this ^ ) ss. / * / ■^uJLL&=-,y. ‘'■’y iiri and for said ' ----------- before me, a Notary ^ (•OTAMV^Unjc . vnnn CSOTA ! ------------------ Notary #-r- ............. rrriijjj/ Jc»nr> &. *. rVAau.ret<N C.? Vp^-f ^ consent f^^go^g ^clai^tion'of^pi^a"j‘consents to the filing of the i deed in lieu of forscLsurT'ir„ ? ' Will take titl^suMStt to said declaration 4 0 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss On this befor© in©~a, Notarv puijl-ir* !./■{ ♦-V-jZ*' ^ s‘SJK! ?,"i vi-T'nt,"" »• ____1986 personally '' me to be h. lovir c i.'''0fATr f; w'.lC i-?" '';crA Vv.‘M'Mjcr.’* r>\:-:v \ '"1 Cc.7,:r E;.p ?, i. if^s > S'V'^AftW.Vv'W*VV\ 'V'.VyW« V«'VVV /W v rf COMMISSION expires STATE OP MINNESOTA ) } 8 6 • COUNTY OP HENNEPIN ) * ’ this a Not,ry-7u.>iic within and fo rbid County. " ' " j I ■ ____ lrnnwr> 4-^ . . person(s) described in and who exeel.^^d "1® !=® *’® and acknowledged f'at he ^°*'®9olngInstrument, (their) free act and deed. executed the same as his NOTARY PUBLIC S' I I To; Prom: Date; Subject Orono Plannintgi Commission Members Jeanne A. Mabusth, Building & Zoning Administrator January 16, 1987 H1102 Zoning Code Amer.dment involves *'four‘'"seplrfte''sections''of^tL current amendment controversial amendment would be passed on^for Conn*-that the less parkino^' i*"? Planning Commission mav wish to^brino'^th'’parking lot amendment back to their Pt-hniA-v • to bring the commercialformal action. ^ Fthrna.y meeting for final review and 4; 10.24, SuMivislon^3^10^25°”suMivis^ Subdivision 3; 10.23 Subdivision Subdivision 3 shall k 10.27, Subdivision 3; 10 28 ‘ commercial parking lot to serve aj adjacin? cILIrSfaJ^SSe^ allowing L - shoS?d"a‘;:"d‘ist^icrbfe“?ide^f‘’^'="^ - the amendment intent or purpose^'o? a^condiUonlJ'^us^pe^ our^ode'!'°“^^ informatiof “i:L'ci?ed -^a^'therrotA to just be required in the review of a commerc^^^ of information that would in the specific amendment. ommercial parking use that should be noted code.staff Will review the applicable sections that already exist in the A, Per Section 10.09, Subdivision 3: 1. 2. 3. 4. Dralnfgrp^n'"" "tlveway, parking spaces Lighting plan Landscape plan B. Section 10.60, Subdivision 8 - Glare or Heat; resrdenUal°district^ °t direct beams away from SubdiviBion*ir-"type ’of 'scre^ina*"il'> ®treening required andscreening, #12 maintenance. Bpecl^J^carr s^"?d'’"br''giver?n'slt landscaping. Sighting problems are not created th!^b nifvision or zone of landscaping aiono aJl r<»e-» • V*? •’'^V ‘'■'^ed a special buffer and type of planting (eve?orein«t^''""^°i lot lines - desired width existing code with broad d?« *-t ^ specified - or is thebroad discretionary authority satisfactory? V' Zoning File #1102 January 16, 1987 Page 2 of 6 D. Per Section 10.61, Subdivision 2 -■ Sign in R Districts. Signage for conditional use limited to 12 square feet in area and 8 feet in height - should the code for this use be specific as far as signage? E. Section 10.61, Subdivision 5 A - Parking Setbacks for “R" Districts. Open parking spaces in R districts may be 10 feet from rear and side lot lines - is this adequate for commercial parking lots (remember to consider required fencing and landscaping buffer)? F. Section 10.61 - Drainage and Maintenance of Parking Areas. Remember that each residential zone will have different considerations i.e. - hardcover within the LR districts. After reviewing the sections noted by staff or other sections deemed appropriate by Commission members, should the amendment be more specific in these ares? Use the following check off list; 1. 2. 3. 4. 5. 6. Site planning - drainage plans, etc. Lighting Screening/fencing/buffer zone Signage Parking setbacks Design of parking lots General Comments by Staff: The parking lot use in residential zones must be immediately adjacent to the commercial use district. The use must be subordinate or accessory to the princial commercial use. The properties should be under one ownership and de’^ending on configuration should be legally combined or recognized under a special lot combination. The parking lot shall be for the sole, temporary use of private vehicles/cars. No overnight parking allowed. No parking of trucks or other motorized vehicles. Should the lot meet required lot standards of the district? 2. Section 10.20, Subdivision 3 (D) - Conditional Use*Petnit required fo all public service structures. "D. Public Service structures. Public service structures, including but not limited to electrical transmission lines, buildings such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within fifty feet from any lot line of an abutting lot in an "R" District. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare." Zoning File #U02 1987 3 of 6 'r" - *«... :::":;—• ■" All ^ Section 10.20, uniqu^lormarof ‘?he®r.q°" ^"''olves merely a h Section in -ji ^Paates against the record i f' - - -^-ii^li^dii^ion 6 D - suh„- •. °*^ inventory. t£t No. T.r,««*..- _ Parcels in ^ Record Lot No.Location Rig Island Tax Parcels in £2gg!oiL-Ownershij2 22-117-23 13 0003 22- 117-23 14 0001 9:j IT, ^ 000323- 117-23 22 0ei4 eois Combined Lry Acreage Exist. Use ^ow 0020 Rig Island 22-li7-'>^ ,«^ J-i7-23 13 0001 70 1,, 0005^2*“117—23 42 0Aai m^ weei Now 0002 ^6~R Now 39,0 70 1,^ 0004^“^i7"'23 14 0001 77 1,, 000322-117-23 22 0A1A M26014 Now 0020 ' Big Island 22-117-23 13 0001 77-1,0 . 0005 3 42 6601 Now 0002 CUP/Par Deering Island i8-ll7-23 31 OOOJ SR 6t5 Now 2.65 SD eoi? bOie20 Big Island 23-H7-23 32 e64? mjz Now 0063eesa 1.7 Sr 23 Big Island 23-117-i3 22 essfl x,tf»ee Now 0019 1.5 SD eei624 Big Island 23-117-23 32 0043 1.2 SD 32 Big Island 23-117-23 32 33 Big Island 23-117-23 32 35 Big Island 22-117-23 31 St, Is*;- -I itlii Zoning Pile #1102 January 16, 1997 ^age 6 of 6 Record ,1^01 No.Tax Parcels in Common OwnershipLocation t-eleted fro. ordinance - Co.bined with Hecord ^ Rig Island 23-117 -j-j aa:^jLJ-/ -iJ 32 00d4 Now 0066 0096 Combined P^y Acreage Island 22-11“'-23 27 nmo ^' 23 32 0039 Now 23-117-23 32 0039 —^ - - - --- - - -^ilijMAitjable (54 — 65 ift Deleted from Ordinance - rp^mv • ^inance Combined with Record Lot 2 Alr(rT#i*1_ _Big Island 23-117-23 30 nni/-23 32 00i6 Now 0062 00i?0.26 Big Island 22-117-23 32 nmo , 3 32 0018 Now 23-117-23 32 0018 0.18 1*„ Sections 10.40 - ^ , Shopping l«Ke«hore, commercial office^’and^^^^ commercial disrricts^’^ iiquor deei^ed unsuitable for Lch'Le?" commercial"districL"Cr^i|," being reviewed^by°the Coun^*^?"^ Private off-sale liou City AdministraLr tha^rei-* enclosed a ^eceni' is proposed licensing. con^^rSo^a't^rSn ^f^°? Park, Minnetonka°a^d^crvstaf Golden Valley, Plymouth liquor store use ziii^ their zoning f^r^A St. Louis peciric commercial zoning jjff the considerations in the^off-o?i feels that therA a*. addressed In the zoning code, let^us^consi^er them'^at^urLetinr^^^^ liquor store as a • y 122986.7 r: r. w n ':■: / Mayor and City Council Mark Dornhardaon, City Adrainlstrator'riH December 29, 1986 Draft Of Liquor Ordinanos Aracndraent 12 1387 Of OROj^O Attachment: A. Ordinance Draft Am « Ordinance " 'en-raent to Existing Liquor liqu-*'or"dVninoe!'^ =P« = mo iosuet relating to amendment of the A efiX.^P.P UCTION — With 4 to I'icensTng of off sale pri*vate^ change from a municipal store to be made to allow for su^ch certain amendments need Of the municipal d s pen^ar / -/.M ^ ^ V ar«e repeal ®®'"^^lishment of the co n\ro^i t"ha\ y ordinance togethej the off sale liquo**. Additlnnaii applicable to waa felt that a number of other itenn the ordinance It the ordinance for admlnlatrltion purpL^;!" — There were several 4.i_ the ordinance to clarify the Issued. through out ®oo£ to non-intoxicating malt lio beer can apply to"'b'orhm'^TV ‘ff Aljgoor as the term also over that amount but fP®'‘oent and Atate law only appUea' to thr^.z ^oVtlo"®. the ohiVgl'^-lhTHVw Becauae of that a person, except for alcohoV^^ is corsitlered to be of <♦. ^^f^suraptlon purposes, establiahed legal drlnkinV aee/, "^»te the ordinance. ® been substituted in changes’ to clarlly wha* ^appl iL^^- "®'‘® ®®"« format liquor and o t h e r t y p ef 1 . "“"-I " tox lea tl ng malt :p%‘c“t"fo„°r ‘ --1®: orf-%/i7r„sven:‘a‘f f«A A.®.® £ ^ ‘'re‘'iVt"e /"M-® - . A1 c e n s i n | and I n 1 11 a 1 / R e n e w a 1 1 i'c e nVe s ‘'(V 0 2 A“ 0 A ' " ^ r “ " “ - ~ - - ^ * ere“voV-a iwLT'Tl' ^heallows 1 license per person. This ) would allow a n. iiquor. person i Hom liquor and l orr ^ oif-sale----and 1 nrrF \ . of^r-salc ■ i= -rr.Ti^'.fe;M«.5|. AWva Restrict i-t / in a premises - o.„. I5til llcen»., . . -"‘-.a.. froWVuoen^'^' elected nuraber^f-,7-i£5.?-?ea I1-16/1?) , , ™a*lmum authoAVed^ for°^^®8ory. ^six"i for or on orTfrlZlT'^^^^ “‘‘P no ““Pnent T, "“"-‘ntoxioatini r “‘’''-aale State latj-i -i clariry'5oer-rf“. Av~i.5J5lon (vario,.., _ f , "°P-‘"toxloatiirn ‘,r°" “PP-aaleState latj-i -i oiarit7-3peo-if ” .(various) c„ , . ^ apel.l out’stTte require”'^"‘®‘’''‘“‘ve APlobtednoaa Linlt r ^ to Porao„3-Vhroti?rq^aX ‘’r"^“ ‘‘e [ , j^Htical contriK ** ^ license,included. ThV . *r -----^1 b u.t ion w h < i _ ^ ''owld qualify V be inoi •|-•i-.bical contr^h ^ licenseincluded. ThV r i ^ i ® n whii« political c!nr /u deVir-^ to h Presently not oU-otlons/ PPPtrlbutlons o v^r 5^ p® ‘ ed" *b0 in local Cityiocai cit] °-^~.§.ALE - The rm 1 in the on—sa]» cwing f*epresent aale area: ®®®"t the changes „ade of subst substance n 4 «11 on of n ..K y.. . A.) Der ^^bstance Va¥e Tf^H^onl^f:conform and ale - The fn i i ite„s f^r , , ® license. These ^•ISampigge, Pllowe-d-saVpiic, 0^^) Incorporation or state .^^.a.l'lent m... s t o7:\:7 ® ®;*ca-Fere < 2;2 "0 r"“^ ^^ «‘■-""1.:;::;, x r "-.u.r;.-r. xi* ■••"••”'. *:,• not preaontly 1 ncorporVte"d°\p®'' P°n offt3ale"“!P^nated in the draft. ^ and is 1*1 nii/;v *r^ M, , _ on-sa 1 e liquorTnT^/Krfs^^^^^ (4.31 subd 1 zi) investment I3 thl k ^«®bauraunt or ho^f^ 1 cn-sale land, buiidingr^^ business of at 1- ® nlnlmum The ri «^«iP">ent or ^200.000 for °<’ntlngent on however I Sunday '•oqulrement Is®d^-®^ iraP'*© v eroen ts in^s^"^ license P®»c"tiy lneorpora"t,^d /rL!T / J liquor. Such a provision however does not .. of leased premises by a licensee Tt m=... the use set such a minimum pa r t i c u 1 a r i 1 y si nc e' investment requirement could assist the ® ^ ^ ^ n t in Havarre redevelopment. ^ '-ity s interest tisold/fevH^r o“oi: ?oV investigation goes out of e^ate. «10.000 if the c i i i ei"-f^fu^Vn c e'"'requ“rLen t a 1° ‘ h e r ofLaTnFdvAveVy.^ Requlrenenta relating to ouch as election preoincr ^ allocation Jkicensee 'Set Backs” Fo». Council may cho^sFIot/ i t reasons the and/or schools etc. by a ^cer tain^ di ^**7 ” churches, a minimum distance between stance plus establish Blaine, who recently got out ortV®’ business, their minimun. was 1/2 milF liquor In addition to amendment of this nat.f< i appropriate zoning amendment to all ow for iV** theperraited use in the hn«in«« liquor stores as a Planning Commission at their January soing to the of fees will be addressed at th« P K 'Meeting and the matter is some direction as to » * t p n f ^ ^ ^ ^ the r e investigation to be undertaken control and extent of pVrtlfe-ffTssu'es outlined above Vo-eth ‘l! '^•'e they may have regarding off-aale ^10!^,,“. “"cerns incorporated Into the 0^01^^^^, for th. " ‘"w"at the February 9, 1907 meeting. ^ proposed adoption PROPOSED MOTION - Moved hw .a ^ take Into consideration the relate to this ordinance ="0%^ ..w"® 'cnnoll as they full at the February 9. 1987 meeting Tyei"”?8^%°""!“’*''"' ‘'’ cc: Lorraine McGowan. Liquor store Manager V, 9 CITY OP ORONO NOTICE The Planning Conunisslon „m hold a public h. ■ Chambers at I.75 South Brown Bead on Tuesday T ^ 9:00 P.M. - oi the Municipal Code, hn a.end^ent thal ; I ' - Changes to the following sections oi the Zoning amended to ^^sidential district secti^ use if RD<»<--j^ commercial parkino i rv4-shall be -ecific performance stan^d\"rd^""ca° be Ui?ff Council at that service structur^c * amendmentr“:3 c section, be amended^to^ district. Section 10 31 sfYHiHttF"-''"*"-"• »s,i'." •<«. —‘Vi All persons wishing to be .heard win W-tten co„„ents are solicited hT ^ available in the City office^ £ amendment la ty Offices for review, by appointment. City of Orono By; Planning Commission Ml AM J«nne A. Hatu^f... -.. ...ZTweek ol January 5, 1987. ^ ///)0 / / Douglas E. Klint, P.A. ATTORNEY AT LAW January 16, 1987 SUITE 251 1421 EAST WAYZATA BOULEVARD WAYZATA. MINNESOTA 55391 TELEPHONE 16121 473-1943 TWX; 910-576-3438 City of Orono Attn: City Council Planning Commission P.O. Bo;< 66 Crystal Bay, Minnesota 55323 Re: Deering Island 2ESS '*'^01987 Dear Sir/Madam, I represent Paul Scherber who owns Deering Island and I understand that the City of Orono is considering an amendment to its Zoning Ordinance which would change t^e record lot classification for Deering Island from that of a conforming record lot to that of a nonconforming lot of less than 5 acres. When Mr. Scherber purchased this Island he was advised that the Island was a conforming record lot of 6.5 acres and he relied on this record lot classification in making his purchase. Any reelassification of this lot to that of a substandard nonconforming lot would deprive Mr. Scherber of a valuable property right which was conferred by this Ordinance without compensation in violation of the Constitution. Moreover, the City is estopped by its own Ordinance from making any changes in record lot classifications except for Council approved subdivisions or combination of two or more record lots. Section 10.31, subdivision 6, A, 3, provides in part as follows: "The Record Lot Inventory shall be considered accurate and final for all properties except those found on appeal to have a dcriionstrable cause for change or adjustment." Tlio app'jal referred to is the right of each property owner to appeal a record lot classification within 6 months of the effective date of the Ordinance. Since there w.as no £ippeal , the r record lot classification for Deering Island is "accurate and final" and the City does not now have the authority to change this cl assi f i <:ati on , especially where valuable property rights are involved. For the above rea«c.is we reupectfully request that there be fto change in the roctird lot cl assi f i cat i on for Deering Island. If the City dues change the record lot claesification, Mr. Ccherber intends to commence litigation for injunctive relief and d'•mages. Ver y / /C- Dbugrui L. f rTnl Attw uey at I aw ZONING PILE NO. 1102 CITY OP ORONO P.O. Box 66 Crystal Bay, MN 55323 NOTICE OF PLANNING COMMISSION ACTION 473-7357 Date of Notice: 1/23/87 TO:COPIES TO: Douglas E. Klint Suite 251 1421 East Wayzata Blvd. Wayzata, MN 55391 type op APPLICATION: Zoning Amendment Date of Meeting: 1/20/87 Vote: 4 For 0 Against Planning Commission recommends the following; Tabled: For reasons noted below NOTES AND SPECIAL CONDITIONS: The Planning Commission tabled all action on the section of the amendment that dealt with the R.S. district, providing time for staff to review your client's concerns and the questions of law raised in your letter of January 16, 1987 with the City Attorney. You will be advised when the amendment j ' rescheduled before the Planning Commission for their action. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357), If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. - > M tv P . To;Orono Planning Commission Members From:Michael P. Gaffron, Asst Planning & Zoning Administrator Date:January 16, 1987 Subject:#1012 Wayzata Country Club, 200 West Wayzata Boulevard - Conditional Use Permit - Public Hearing Continuation from 3/17/86 Application - Maintenance dredging of golf course pond (designated wetland) and existing ditches (not designated wetland). List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map Property Owners List Survey of Pond to be Cleaned Airphoto Noting Ditches and Pond Location Planning Commission Minutes of 3/17/86 Pertinent Facts: This is a request for a conditional use permit to remove the accumulated sediments and bottom muck from a pond and ditches existing at the Wayzata Country Club. The pond is approximately 0.4 acres in area and was created when the golf course was built, and was designated by the City as a protected wetland in 1975. The pond sustains no emergent wetland vegetation and is acting simply as a decorative pond area and sediment/nutrient trap. It has filled in over the years and probably has about 2' of muck to be removed. The ditches to be cleaned include approximately 300 yards in length between holes 10, 11, and 12, and about 450 yards in length between holes 15 and 18. The cleaning is intended to consist of scraping the existing banks and bed and resodding to the water line. Groundskeeper, Jim Lindblad, notes that all spoils from the pond will be removed and placed on Wayzata Country Club property in the City of Wayzata. The ditch spoils will be used as fill adjacent to the ditch area and seeded immediately to create low berms. City Engineer, Glenn Cook, has reviewed the sites and recommends approval of the projects subject to spoils being immediately seeded where they are left on the site? a silt fence be provided at the pond outlet to catch silt and debris that may be stirred up during the muck removal process; and that the MCWD be contacted by applicant to determine whether they will require a separate permit. Cook noted the pond and ditches discharge to a series of wetlands approximately 1-1.5 miles in length before reaching Lake Minnetonka, hence no detrimental environmental effect is anticipated. Recommendation: Staff recommends approval per the City Engineer's recommendation. 1 i CITY OP ORONO GBNB^L^ use APPLICATION property location Site Address I?..',. Property Identifir-n-• —— - - - - ----- -t a />J jyj?/Identifxcstron Number (p.i.d. , , ,, ^ ^ floss.. Check one - is rhe I ‘^-ditional use Applic"a\°L"„^‘"on-l7T- _ _ _ _ _torrens? -!?!f' <3-®=tiptlon to application if „ot included on PUMm —- - - - -- -- - IIapplicant Mail! nr, _ _ r-v ^., 0 3 ^ Ly'l ^ <r ^ ailing Address Q.0 0 U>£s-r u n ' -- --—^— _ _ _—iiLz£ZL ^ ^ Y ^/i 7 A 6ttrA /x.Aw-.^ IOWNER --------- ^ Co AY7A-rzf Aj ^ Name tAjAV7A-TA ___ _ __ . . -- - - - - - - - --CouM-rn-v r,.^^ Mailing Address^^^^TlT;. P, . -----_ e>Li-p u>fivz.)4Tu /y;//u Kj 5's?9/ Date Property Acquired ^717 ^- - - - - - -- - - -(month/year)--------not) also own the P^ES - CONDITloii^’Gs7pE^iir“'’“ —-- ^JOO.OC a) Resident! - - - - $150.00 b) Instituti $150.00 $250,00 $200.00 ■fff^^^^P^rcels of land. 'cessjpy ft ■ I WXIfill^ 1 (church, school, etc.) PRD/pid - see fee schedule Duplex Cr .it/Bldg Coim^ercif /Industrial Use Land Altefetion -X_ Grading and filii„, . ,,, lakeshore^'""®^"'^"’ within 75' of OTHER Applications —■ $150.00 _ _ _ _ $250.00 $150.00 $ 50.00 C°™n,orcial Site Plan Peview ,t consultant fees, Vacation Easement Vacation Easement Vacation Kith Subdivision ns? on other applications - CONT - Ro“o"ning «200.00 Appeals ___ ^ Other - r ---------------------------------------- ®^'’<’dule *’«OPERTV ......................... Zoning District °f Property _ ----------------------------------- in detail: Residential •___^specify) u 2 „ pprication Form.ok. 2. Cer^•^■ -^rm. - - - this li^t /^°P®rty owners t • I Cernter l^S-iTifr^-Pin ^“''"^'“oep^^rt^en^ro^Vi’n''’ '1'°“ can obt • ^ Stamped, legs, . *'603 Governm®^"' , above liet with'no ^ Purn '*l°> P^c-addressed * < • Certificate of = address, to each of the n°r survey. -a V sV-h-vj; c/v t,f_ names Construction Plan, if , Pl,:it Map. ^ «»» ^ rememb^r^tnat Propertv"'n ------------------------- not_be_en_in lud^df "PP^^-ation “is ,ot complt?^ i‘R{'"PpiicVt7o~r''-pV----- ---------------------------------------------------------------- ^---t/o^i^^f^ roques'^'^d by"\h"""'^'^y agrees to ------------------------------____ unusual evn«« Zoning A^m • Provide - 7i . “ -pp"i^d-is-B?- or Applicant-s Signature “«BRs signature d/ The owner hereby a ir fSSPSilglSS^ Owner's signature ^^QUGs^. Durnr^,,-._ A - ^ On the h! Norm^^ 8200 ^ Nafstad MinneapolisMo.^ 55444 ■^^"■118—23 ■?/» rt Donald i j,J °®10 4408 WEst 5??^®*'^''=°" «inneapou|®‘Lstreet ■^^S, 55424 36-118-23 34 001- Dake^Road 0011 30 MyrtJiat^^^ ^ot>ers vl;ina'“ p® ®010 20 Myrtlewo?d''®°" 1^ » wayaata mn ^5391 °009 «." ?sr%“ sa 26-118-23 31 0010 0°hn T Thornton ■ 220 Wakefield Road ^vay2ata, mn 55391 36-118-23 31 0011 William Ferril 240 Wakefield Road Wayzata, MN 55391 36-118-23 31 0012 Paul Baszuki 250 Wakefield Road Wayzata, MN 55391 L 36-118-23 31 0013 ygS'‘3<3 Wildman I i7l35 2Rf-h Plya.outh,MN'"'^5“|^frth 36-118-23 31 0015 2725 Vagabo^^L^nDeneave j MinneapolisI mn 5544 7 I Ri:^^®;33 41 0021 33i"&-ch"f “^Wnyrata,i;N^'’%%Drive MN 52392 0019 i27 Chevy Wayzata/n^'’"%D^ive ®®'338-23 41 0018 ' 22S^Chev^' Wnyzata/m”^^|sDrlve I Horbert^ih^^ 0016 ! 321 Chov^C^®°'’ 36-118-23 4l 0015 , 339 Ch^v^^3ok Winothy^M505 North ^^yzataata,MN 5539^ Klaus P Vvonne'l^ Co k““® 509 No P CooKe froporty Owners Li^t e Filo #935®*^ r 3C-il8-23 13 0009 ' S^^^^^^ForU^Jhfnty Way rata, m 56-118-23 24 0004 990 ma- °^yton Wayzata, Hobir^i^nf^„«°07 wayzata, mn 5533^ ' Gln'?^ 0007 Si 7 No?^^^rndar°" ' W^yaata, MN^®^|3«°^<3 ^driw'f\^^ °°°5 Sis No. PerMaf™'^*'*’ Wayzata,MN ssjgf^^'^ s.' Kiij.Br"'‘«.y -^es, CA 90004 it ,Kf .,-jr.. B 1- i • MINUTES OP THE PIJ\NN1NG COMMISSION MEETING IlELD MARCH 17, 1986 11011 EXCELSIOR HAY YACHT CLUB continued Cel lehen steted thet lie felt this wns not e ireosoneble ese in that the traffic would be extreine and they have no power to police the island. Assistant Zoning Administrator Gaffron noted that the septic site plan was realistic. Taylor stated that he felt that there were too many opsj^ation and logistical considerations to be answered before making a decision other than denial. There were no comments from the public regarding this matter and the public hearing was closed. The following are the issues that the Planning Commission felt needed to be resolved: 1) Input from Water Patrol regarding location and number of docks, impact of holiday weekends, and policing concerns. 2) Applicant to submit a commercial site plan including site plan for docks, and a specific plan for policing including after hours protection and fire protection. It was moved by Goetten, seconded by Chairman Kelley, to table this matter until the above issues are can be resolved. Motion, Ayes 6, Nay 0. 012 W^ZATA COUNTRY CLUB lATA BLVD. CONDITIONAL USE PERMIT PUBLIC HEARING It moved by Rovegno, seconded by Chairman Kelley, to table this matter upon staft recommendation pending additional information. Motion, Ayes 6, Nays 0. #1013 STEVE KATAINEN 3850 SHORELINE DRIVE COHHERCIAL SITE PLAN REVIEW Zoning Administrator Mabusth explained the proposal for an 80' X 85' (6800 s.f.) structure for the use of furniture sales/new furniture storage. She noted that there are no problems with the setbacks, but advised Planning Commission of the drainage/retention problems within the watershed. New developirent must not create drainage problems for Spring Park residents to west. I ^■«»p3r Planning CommisEion Michael P. saffron, Assistant Zoning Administrator March, 11, 1986 Subgect.- #1012, Wayzata County Club, 200 Wayzata Blvd.-cop Councirs"direction for wort^in’^a^d^eapplication at The proposal is to dredae^^h^^^ wetland on the WCC ^ch was created when the golf cours^e was^ulU 3^0*'yeaL"ag“""^ si;erinTe^d^^%’^at'wc^^ this desip work will not be completed unti He also indicated that the WCC^board April, create a new pond on the 12th f^airwa^^^n^rft- plans to area; and will be doing the deRi'«^ ^ designated wetland concurrently. We would anticin^i^" Pcnd proposals later in the snr^ni ? ^ review of both pond pending the deVia^Trffn commenced until ?he winte^'r of '^6-87""^ work To bl perhaps even further in the futurl fairway #12 pond 'fjtSCCt> C>-C> Tv: j IVA nT 1 SPKu'CtJ OTAKCO rj o ittft‘\(V^jStr::---oiy \ro ■•■a? V vj"/ I “•Mob *y/y fT'J COMVCQlf Tt> aaAM>| MOLU^ C') » t^ooooo' THfcua a^^takeo /,O a T o ; •! *t o \v. IT ^ ▲< P* ^ ftuuK ^RM« C ut 2 :««» tHTD IT . PUrf<iT i *>tClOyo^^ HT oQ .• « o 001M T«C3 .Tft rtff\#s/^i(£ C * V t^uLAR U>D\CU* laiaoc^FY ll' ■ each ! riK. ^ V ^ANT T 1-^ wr »A'' • ; IfO '^So, 0 . /• rja o o •s •'j 0 .1 ^« c 1 n •u fti1kT0«C CuPBtN* 2k‘C50 o£A' Cr^'^ i > 7 rv O. >• > o o $ ^ rsrO. •f.V'^- C O ) 'Ly* • • U. Iltu • • •,' /•' ^«TOI«C Cuf»PtN^ ARKA^ XT » iAy ^ev«B T.r' o > .t.'ro'#♦-•1 r%I ♦.. tfj: *f%.• I • .1 ♦. ’ 11 • ',<. -n< t.'. • 'j-vvi*:./ '•• A It/fTlfcii? ■ • ** ' A '•'^V • > « /i. i 1.) ^1 • . I • ■ • • *Vi ■'fiLJrL.z^* % oo oO£> h . / CO „ ^'rr;'c^.oocc:jO O C'COcj Oj i J 2Q G ‘V^. CS3 oo 4 / ' s-£U''»O <r^|-,0 I ly I n ( 2 1 / ^^ l: C C *oO X ; • oo o cr)p Cl o V /v: )_____ 0i- r /r:'V A ffi l>H «?t CxJ^r '\J u\ «8 <0 X, h .o = V10S3NHIH ‘3>V1 DhOI S»3. NVlcJ ? SaOA IAHnS onvi ‘SMBiHIOflB •I’fll '0a39H0aD ? MIJJOD /t ^ Q.L ^ ^ J.I# rrn / Mwssv :wni^o 90-9i-2l • ^150 uo;i5Aeid lods 6u!v^»^l ^ jr.ojuo ) Ou Hal If 3 :- :* - 1 ,./U 4 ^k£*. ',. V / 7-*: / • ■ - iiM '^y » >: •' "■ .^.mn A>j < / lair -.: .A^* , • ', ^ * X * ^ . * * f <■^1 ’/ r*#’ > ►-N. ■r "> xfe^ * » - . V <f>* y •r \ ' '.' x-<' V# > iT^^5r. - ^ '^. >'. .^g- • ♦ ,'*• . "■', x--<: ' ' ' •' >> ■ ».L' It ‘'4 V^m •« •# ■••#2 * * ■• N I :'\n4 ;.. ^ ^ '^'* 4. /T’i / i« t. %m. ^ ‘9 .% i- J \> !u .v' *t .«. ^r./ , . M. -***1 -! *:*r V. I*ist of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Orono Planning Commission Members Jeanne A. Mabusth, Zoning Administrator January 13, 1987 #1080 John McDowell, 3750, 3820 ifnn sl nocn « - Rezoning - Continuation of Public Hearing - Second'^Review Staff Memo 10/16/86 Current Zoning Map/Survey Area Survey of Burger/Maus Properties (Note wetlands redefined) Recent Survey of Miner Property (Note wetlands have not been redefined) Minutes of 10/20/86 Plat Map of Survey Area Status Report on Application to Date owners "to °dfs'"cusE “amending thS^propo-ed''aDDl^ applicant and property magor outcry from property owners within ^^^ht of the district - not to mention the opposition from "R*!* zoning in surrounding LR-IA and LR-IB zon i nn many property owners the application be amended L include’advised that located within 1,000 feet of the lakeshore in th“®rezonlng! properties would '^remain'^ a^t°^the"f i°vt/ec Miner'scurrent unsewered LR-1a standards density. Based on the densities within the developed southnnl'^® change in property is made up of 3 seoaratf* Parcels. Remember Miners' structure. If the parcel.s ^are ^ residence configuration, lot area/width varlanoo independently with current Lots (1) and (3) as Tefert'^ced ^^Exh7b?t%^T^ required [for standing policy on sc 'aration of ouk ^ based on City's long unsewered areas. Tl- Andrew Miner owned parcels in contains .87 dry acre-j with a s^nf?o Bayside Road (3) property (2) per Exhib ^ f. The l^a)ce cabin^^ol^^l contains 1.74 dry acres and ha«i rmoe*-,-^ cabin lot at 3820 Bayside (1) input from owner - a subject that status based on previous application and not pertTnen^^^ variance separations would probabT^ t /n Proposedrearrangement. ^ oaoiy result in a need for a lot line existrng^rrorertlU^w^uu'^bVneglS^ "1" ‘he a:^rcro?r„re"si\"; Lake Cabin Lot, Dry Area * 1,74 Wet Area = 4.78 TOTAL AREA =6.52 Greg Miner, 3830 Dry Area » 2.65 Dry Area »« 6.8 Wet Area « 7.26 TOTAL AREA -9.45 '1 tal J Zoning File #1080 January 13, 1987 I’age 3 of 4 Wet Area = l.'og acril north side of lot TOTAL AREA = 6.34 acres J. Maus, 3700 Bayside Road (6) acres contiguous Wet Area = ,5 acres TOTAL AREA = 5.5 acres Lot Classification - per Area 0 - .5 acres 43 lots or 38% .51 to 1.0 acres 24 lots or 21% 1.1 to 1.5 acres 5 lots or 4.4% 1.5 to 1.9 acres 13 lots or 12% 2.0 to 5 acres 24 lots or 21% 5+ acres 3 lots or 2.6% Findings Based on Inventoryt Bay L^-IA 2oning^Vis\°r\ct^Ire^su^^ Portion of the Stubbsstandards. strrct are substandard - per required 2 acres proposed LR-lA zoning ^dis^ricts. ^ lots are substandard per Zoning File #1080 January 13, 1987 Page 4 of 4 not re.ult in an support 2 building sites. enough dry contiguous land to 5. If the Miner parcels are sold ’'a<? iq” -i.k« i i. . Andrew Miner homestead (3) per Exhibit F and I upper'isVo/thriia^lo'Ts^su^ef^building envelopes. veyea, ranging from 1.5 acres to Sacres s;and«ds.°^ considered satisfy the current LR-IA zoning 8. If the properties were to receive sew#^v n» property densities could be increased undir a prd „ed»It would be Staff's nr^^nir.r^ 4-kIZ ^ unaer a PRD mode of development. has sent out a second notioia tr«i r<-t ^ ^ • owners^ start before Planning Commission at their January 20? 19sf meeting!'"'’®'^"^®'’ Staff Recommendation: •a. Commif'ion should review staff's memo of 10/16/Pfi Planning Commission^ requires nrLd\\7on\^'"%a^c\To^^\®^^^ Se"?ir;re?rre r/oTm?!' recommendstlo^^ni fi?dlUsS?r??t?on%/?orr?e?ti^ro??eVr?ary “l? lL_ - j^sss;- To:Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members Jeanne A. Mabusth, Zoning Administrator October 16, 1986 Subject: #1080 John M^cDowell, 3700, 3750, 3770, 3780, 3820, 3830 S 3860 Bayside Road - Rezoning - Public Hearing - 7;30 p.m.3860 Bayside Road Pertinent Ordinances: Section 10.27 Section 10.23 Section 10.28 Section 10.10 RR-lA Zoning District LR-lA Zoning District RR-IB Zoning District Rezoning Requirements Pertinent Sections of the CMP 1980: Rural Area Goals and Policies CMP 2-6, 2~7 Environm#^ntal Protection Goals CMP 3-18 General Policies for Natural Resouce Management CMP 3-9 thru 3-22 - Specific Policy 8 CMP 3-20 RMrAi Natural Resource Management CMP 3-23Rural Land Use Policies CMP 4-19 thru 4-22 Rural Residential Land Use CMP 4-27 thru 4-31 C. Pertinent Sections of the CMP 1974; Land Use Objectives - Chapter III - Residential Development B - Lakeshore Residential Exhibit H C - Rural Residential Exhibit I List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Exhibit Ti - L-v.ij.bit M - Exhibit N - Exhibit 0 - Exhibit P - Exhibit Q - Pla^ Map Property Owners List Affidavit of Publication Certificate of Mailing Notice of Planning Commission Summary of Information Meeting 10/14/86 CMP - 1974 - Lakeshore Residential CMP - 1974 - Rural Residential Legal Description RR-IA Legal Description LR-lA Staff Memo 4/27/77 Regarding Burger Division Survey of Burger Division - Redefining Wetlands Existing Land Use/Ownership Designations Amended Wetlands Map Corrected Zoning Map Dry Land Areas of Burger and Miner Properties ’-V M Zoning File #1980 October 16, 1986 Page 2 of 5 Review of Application: conceptual%/rVctTon^wasTivln°t^ September 15, 198-= ^ rezoning app?icatio^n^^ in advising them to was thought that the applicants shorn rf V-i»- V ^ earlier discussion, it from the Council in light of the ma-ior^l^^^^ conceptual direction P^®P®ration of a multi nh;^c£»/? -» i • expenses involved in th#» conditional use permit). ADo/ic;^T^^ (J^zoning, subdivision and applications invol ving * the RR-lA 7 advised that in rezoning consistently sought the incut the Cify halzone before taking anv cosltHon ^ residents of the 5-acre rural zoning district exists because thl> ^ rezoning application. Ths RP-ia retain the ambiance of the laro<a =0^residents wish to neighborhood. “ ^obby farm - low density ad3ace\\" ?o"%^ b^^^n^d\%M ^P-P-ty group. The application involved the former qwf Development rezoning sought a change from RR-IA to rT-^ n - p Properties - the denied and the propertv devf>lr> 2-acres minimum,at the one unit per 5-acre density. ^ ^ developed under the PRD made •jijin ents on petition for rezoning; owners who\ct°i^v”el^y^ seek^ tuyer of the Miner John Burger. Hazel Anderson r! rezoning are Andrew Miner and adjacent property owners whose properties'^a^e James Maus are the be rezoned. Please review Exhibit^ n included in the areas to of existing residences. Note per SectFcn location the vagueness of this P lO.lOr Subdivision 2 (3) - petition. standard would suggest we have received /valid Please note Exhibits II I & p 4-k r** and show Gardiner's .39 acre croAoK<-^, "*®P^ incorrect Gardiner's property is alrt^ariv^i include i in the RR-lA zone will verify the records but it a°ppears”that'’th*''*'^* *°"®' Maus property is also included^ the^R^ A ’ '^'’e complete a rezoning of that cnr.-< Burger was to subdivision application but it i^s no^t c/° his 1977 currently available to staff if that ha° beercC^lTtedT General Pacts: Approximate Total Area - 41.1 acres iO 'i Approximate Dry Area - 23.5 acres Amended Dry Area - 25.2 acres Approximate Wet Area - 17.6 acres Amended Wet Area = 15.9 acres *■ > •i**‘*^ »-•. ;••-«. Zoning File #1080 October 16, 1986 Page 3 of 5 Current Zoning District RR-1A: 10*55 wetlands 2 of10.55, Subdivision 15 A (1)J. Gliding site per Section Existing = 6 unU-^ acresg b units or 1 unit per 4.2 acres Proposed Rezoning to *LR-lA Allowed « 12 units or 1 unit np»r 9 i Existing = 6 units or 1 uiit oer I'l Proposed = 9 units or 1 uii^ til alrel relS^^®th°e" orthe'^lurglr'^nf M°" development: ^ areas that may be considered for ^ActuarArea^=°6.J^\”^2^ Property (Review Exhibit Q) Allowed sa 3 units Pealistically With Road Areas to be Considered = 2 units Road areas to be considered; Area B per Exhibit Q Allowed = 1 unit Existing = l unit Area C per Exhibit Q Allowed » units Existinry « 0 This would also depend on -m boundaries and may liLt developLnV^to*'1 wetland IS at a minimum - in Burger's subdfvL!^ buildableacres. ourger s subdivision there was a gain of drv Total affect of rezoning to two acre Existing on Burger & Miner Properties Potential Density » 7 units Net Increase * 3 units 4 units am awn [•mil •rcJiira OctoS®16, 1986 5 of 5 to bring f^^"’Pi^ehensive Plan pi any'^oth^^ be given eWry^ ot® ‘^^®'=“ssion^""The ‘^°™^®elon may „ish has r% n 1 • w I^stf oSf cSunc!! G), '=oncerns bavraTe\dy “een®exp?ess!^r^“""®-^^"R®vlL^‘’t\e banning Commission Ac«„„. "PP^i'^ants." '"""'° “any direction - table i-h and cmp your own re2oning application: ^"^'^ember so that you may 1 b i: ci* Jjrv 1*0;* Jnhii in th': y.i.rth: or.i. L//> of .‘.•eollon :.-lL7-23 C I • • •C'iriyiric.; t.o o;‘ i hDro.by ccrliiV th'Jt thin in a trun an<i ccrroct ropraneutn- tio;; of nnwov ol* t/jo rvjun<iarit)E cf i^uditor'a iiub' divlEion Mir-nor 2 ‘X', ilsnr.'jpin Connty, l‘dnr.«nota, t):e loca tion oj' all existirH'; LulLiinyE tlievern, u:n: th.e prc- uontic tof ition of a projone;! oniLdir.; , It ccos not pur;)ort to si.cw other i.Mpi'ovonorita or or.cI'c ic.'i::izr.t-Lf if .ny. Wes///}?c o/ fJW/4 or Sec S-U7liS 5.0 A<-res c/z-y y b{jil(J<xble /and rr«pc«#J C4rn »% •*, • - 2 5 25 A^re:^ but/d<xbic /and'/A <-i .1; •>. j w» 1C t4 Sou/A //At of WA '/d oA : A'b"/U o/ Sec- 5■ //7-£*> /iO' Cert/erA/u of y M} 64 ' Os Ar)Jir‘C,7id d I / Gorcoii f.. Coifia ho, .. .'/ir.J 'jur/o. c>r ‘ir.iJ hi on nor iiOnp .a’.:c, I liin notn licalo: t- t*-. : o : 1" - 70C I ror.kf.‘ r I V ir lleri'i-'Mit Counly. M.i.iu?solJ ■■j* / (■'1 ^ M X'.V/.'f " <*A^* x^rf />-.v/*^ ^M^‘4,r y /^vx^ iMtiTiiii^n I VWJ ‘lIIiUTJib OF Till: PI.AJlNII'Jt: COM:Jir>SIOU MEHTINO lli:i.D OCTCiJF.R 2W, 1936 ATTEIJDANCE 7:30 PM Tlio Orono Planuimj Conunission mot on the ubovo date with the following members present: Chairman Kelley, ilellows, Gootten, and McDonald. Hovegno, Taylor, and Hanson 'were absent. The following represented the City staff: Building and Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. Counci1member Callahan was also present. ^1080 joHN HCDOVIELL 750, 3770, 3733, 3320, 3830 AND 3860 BAYSIDE ROAD rezoning PUBLIC HEARING 7:31-8:54 The Aftivlavit of Publication and Certificate of Mailinq was noted. Present for this matter were: John McDowell, his attorney Tom Humphrey; and Gary Peterson and Peg Swanson, who are assisting him with this application. Andrev; Miner and John Burger were also present. Zoning Administrator Mabusth explained that the applicant,John McDowell, is the potential buyer of the Miner tract; and the owners who actively seek the rezoning are Andrew Miner and John Burger. In addition. Hazel Anderson and James Maus are the adjacent property owners whose properties are included in the areas to be rezoned, however, neither James Maus nor Hazel Anderson wish CO be part of the formal rezoning petition. Since the first review, it has been discovered that the City zoning maps are incorrect and shov/ Steve Gardiner's .39 acre property included in the RR-IA zone whereas it is actually in the LR-IA zone so it is not included in this rezoning request. Zoning Administrator Mabusth roveiwed the areas involved in the proposed rezoning from 5 acre rural zone to a 2 acre rural zone. She explained that if the area were rezoned there would be a potential of 10 residential units Compared to the current 6 residential units. Public Comments Jerry 6 Candace Rowlette, 3775 Dayside Road - noted their concerns regarding O'Jtlot A and the numoer of sliared docks thac would be allowed; and also a proposed road that would be within view of their kitchen and would create more traffic. i I M N j iSi .<«NUT..-s or THK coa-:rssia. ocronc, 2. 0 nCDOWKr.r. roMa.r.t„.,.. TOHu;< 2J, 1905•i08O nCDOWKLL CONTINUED Zonincj AdininiGtrator MT i.r^n rozoning would have no of feet ^on ^'''h tnupuseddocks a Howe ’ \ ^ number of ch-, maximum of 3 boat sli^n= '-'ouli h v» have a maximum of 4 boa t s ll o/i*'’" burger's outlet could -^uet linual footage K t T ^ ^ ^M ^ ^ * Bayside^Rd'!''”!''voic^ed^'^co^^^^ Hazel Anderson of 3733 easement remaining unohangeu.^regarding a lakeside Swenson was referring to tas^ stated that the area Ms. of-waj' owned by the Citv -f unimproved right- application. ^ not included in this Levang voiced tlfel’^'^olanosiV-^^ bayside Road South - ;ir that they moved to Orono for" r> """ Ptoposal statin'g opposed to thJ“^proposal\\^ca^‘‘s^, he was may crraie^an^^l^aSrt'lonri road""^ -"tha\%?e "o^oroL^^ by roads on three sides nf surrounding his property onv^onmental study^^oY ’thf i^fe ^ ^ acres and'^iis opposed ^to‘^the°"'" ' owned 12-3/4 this property and bui 11 hU he Sought the rural low densUy area 11 because of favor ot development within V. ” stated that he was in noted that his pro^rt^^^ il ov^^^'"^'"^9®*‘'®“nes He new properties. In adriit,/^ overlook all the proposed smaller lots is Hot preset “r petition wiLi. approximately 60 <fi‘ submitted a rezoning proposal. He also^cmK P^^natures opposing the regarding the petition respoHsH ® graphic suLary John Burger, 3750 Bayside Rri _ . . IS land in hopes for his future that he bought him. He stated that he h-iQ family to reside near home on the north end -<t wanted to build a however access Has not pos"4blH“" P^'OPsrty rezoning project would create that this build a now home on Sumac Hill. to allow him to (: < ,aiNU7HS OF TJUi fi.a:i:ji!ig coiL’iisjioji hfevikg held octodeh 20, 193& 'ilia00 MCDOWELL CONTINUED Hr. Burger previously stateu how this rezoning would solve his problem noting that ho moved to this area for the saiie reasons as the others, however he had a philosophy of life being that this country was not made for only him and that others deserved the right to enjoy and live in this area. Mr. Burger noted that the proposed lots actually will be close to five acres including wetlands. He also noted the issue of the impending sewer line in the Stubbs Bay area. Attorney Tom Humphrey stated that the proposed rezoning was consistent with the existing surrounding areas noting that there is a natural barrier that would serve as a dividing line between the proposed rezoning area and the more rural area to the west. Goetten asked Zoning Administrator Habusth the reason that area was originally zoned 5 acre. Additionally, she stated that she would like staff to compile a lot size comparison, and would like a topography map to refer to. Zoning Administrator Habusth stated that the 1974 Comprehensive Plan did not clairfy the reasons for the 5 acre zone. McDonald stated that the reason for the 5 acre zoning is because Stubbs Bay is a critical area in which the soils are sensitive and 5 acres are needed to support a septic system. She had concerns regarding where the rezoning would stop. She is totally opposed to this request. Bellows stated that she felt there were more issues to be considered, but felt the developers are not proposing 1/2 acre lots nor are they developing the area without first substantiating it with tests and facts. Zoning Administrator Habusth noted that there is a potential sewer project planned in Stubbs Bay. Chairman Kelley stated that he felt more facts should be submitted for reviev/ before making a recommendation. Present representing the Department of Nacural Resources was Land Specialist Jim Bloomendahl. He noted that the in this instance, the DNR does not regulate chis particular wetland area. He additionally requested some facts regarding this application. /.IJjaTES OF THE PLAJJJJtHG COfWISSION MEF/nriG HEED OCTOBER 20, 1986 m 11080 MCDOVJELL CONTINUED , niihlic and theThere were m> other comments trom the puDiie anu cne public hearing was closed. It was moved by Chairman Kelley, seconded by Goetten, to m^llAZoning districts; b) soils and septic testing tor proposed lots. Motion, Ayes 4, Nays 0. Zoning Administrator Mabusth noted that no second notice wrA be published and that the interesteu property owners muA contact the City office regaraing the next ineeting date on this proposal. #1383 THOMAS BERNIER/DOUG KLINT/ GARY BARR 3535, 3545 IVY PLACE AND 3034 CASCO POINT ROAD RENEWAL OF SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC HEARING 9:00 - 9:22 ^ r'orUFirate of MailingThe Affidavit of Publication and Certiticate or aaixiuy was noted. The original subdivision application #853 expired on February 25, 1986. Doug Klint was present for this natter and stated that since last approval he was unable to complete t e project due to lack of funds. zoning Administrator Mabusth explained the concerns '^’^ifdledging project that has be left unfinished and Ttl“'"doc ‘LV trarr^constructed by Barr and "A^^fs^'c^n^frult^^d on the Bernier property without a permit nr. Klint stated that the DNR permit has not been revoked as noted by Zoning Administrator Mabustn. Zoning Administrator llabusth stated that'^nr^ Klintinto the status of the permit. 8!.e noted that Hr. Klint has indicated that he plans to stake haybales to <=°"tr°l erosion the following morning, o£ which slie will P and if done, her concerns will be satislied. Regarding me after-the-fact conditional the stains. Zoning Administrator Mabusth stated that staff would not recommend approval. I J \ <th. t# ■A J m <• \ To: Prom: Date: Subject Orono Planning Commission Members Michael P. Gaffron, Asst Planning & Zoning Administrator January 16, 1987 #1090 Roger W. Hollander/John Hollander (Estate of Hildur P. Hollander), 200-250 Hollander Road - Preliminary Subdivision - Continuation of Public Hearing List of Exhibits Exhibit A - Planning Commission Minutes of 11/17/86 Exhibit P. — Letter From Applicant's Attorney 11/19/86, Road Easement Document Exhibit C - Tom Jacobs Letter to John Hollander 11/24/86 Exhibit D - Planning Commission Action Notice 12/26/86 Exhibit E — Letter From Applicant's Attorney 1/7/87 Exhibit F - Septic Testing Diagram 1/7/87 Exhibit G - Mabusth Letter to Examiner of Titles 1/15/8'/ Exhibit H - Memo and Exhibits of 11/11/86 Commission tabled this item at the 11/17/86 meeting pending lurther input of information and resolution of specific issues remaining from prior subdivision approvals. ^ Additional Information A. Regarding Road Easement and Maintenance Covenants: Applicant's attorney has submitted a document that was filed in the chain of title of Outlet B. This document would normally suffice to that the mechanism for private road ownership and maintenance exists, however, this document contains no signature and therefore its validity has been questioned by staff. A preliminary opinion by the Examiner^ of Titles indicates that since the douement was accepted for filing in 1979, it is valid for those properties where at least one ^f^sj^sfer of title has occurred without challenge to the document. In the case of Outlot B, the indication is that the document may potentially be challenged and declared invalid, since no transfer of title has occurred. if that happened, the two lots proposed to be cf®^bed from Outlot B would not be subject to the private road covenants and maintenance. Staff Recommends that the property owners be required to properly file a new road easement/maintenance document. B. Septic Testing for secondary drainfield sites on both lots has been submitted and is found to be acceptable. John Hollander indicates that the sites proposed for Lot 2 might conflict with a future house location and further sites would need to be tested at the time a new houes is proposed. Staff Recommends acceptance of the proposed secondary drainfield sites. : k % m Zoning F.le #1090 January 16, 1987 Page 2 of 3 C. Regarding existing garage that was to be removed as part of the original Holly Acres subdivision, applicant's attorney states in ^his letter of 1/7/87 that the estate agrees to remove said garage. John Hollander has stated that he hopes to accomplish this as socri as possible. He also indicates he wishes to build a new garage, and staff notes that since proposed Lot 2 is in effect a "through lot", any detached accessory structures requires a conditional use permit review per Zoning Code Section 10.03, Subdivision 10. Also, no building permits can generally be issued for outlets, ^ and a stipulation of the original subdivision was that no permits accessory or principal structures on Outlot B would be issued until completion of its subdivision. Staff recommends that part of Planning Commission's recommendation to Council be removal of the existing non-conforming garage prior to final plat approval (more strict than 11/11/86 memo). Staff further recommends that applicant apply for a conditional use permit for location of a new detached garage on proposed Lot 2, such permit to be issued only if conditional use permit approval is granted and after the subdivsiion is filed with Hennepin County. D. Regarding existing access to County Road 6 that was to be removed as part of original subdivision. Letter of 1/7/87 indicates the ©state agrees to reinoval of this access driveway. staff recommends that the required access removal permit be acquired by the applicant from Hennepin County Department of Highways (Dave Zetterstrom, 935-3381) and that the access be eliminated by regrading prior ro final plat approval (this is a more strict time frame than recommended in 11/11/86 memo). E. Regarding the existing barns on proposed Lot 2, staff has not niade a formal hazardous building inspection of the barns, however the previous staff recommendation (Item 4, Page 4 of 11/11/86 memo) to require their removal still stands. John Hollander notes that he does not agree to removal of the barns, on the basis that a) he needs the storage space; and b) the costs of removal are prohibitive and would negate a great share of his realized inheritance. Of course, this is his problem. VJe suggest he contact his local fire department to see whether they would consider burning the barns. p Staff recommendations per memo of 11/11/86, specifically Items 1, 6', 7, and 8, still apply. Staff feels per recommendtion 7, that since L -red at 5C from County Road 6 to 200' if it meets 200' measured at 50 from the private road where actual access is designated. However, it planning Commission recommends the change it is certainly feasi e an will amount to only 0.02 acre trade-off. r* * !i !i Zoning File #1090 January 16, 1987 ^age 3 of 3 G. Staff recommendation 9 of that memo regardinq the location of discussi^nf howev^rstalfof the opinion that these standards for locatina accpcjc-nrv structures on Lot 1 may be adopted but will still reauire a conditional use permit review for any specific accessory structure. discussifn item fordiscussion regarding accessory structures on Lot 2. You have the resolved" at^’t^o''?- ^recommendation now and letting this issue he applied for! ^ accessory structure conditional use permit is ^om concerns that the property is "an eyesore". tt the property and issued clean-up orders. He last ti!^ truck was moved but the property was still a mess the ^ update from Jacobs is expected prior to the Tuesday meeting. Jacobs has not structurally reviewed^ the barns, but notes they are in "bad shape". reviewed the Summary: the fonowinrco™I??onsr^"°''^^ subdivision subject to 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 1?. c!;racoep?s p^osedl “i^Trsites?°" ^e completed. approval i"°t 2 to be removed within 6 months of final plat Second house on Lot 1 to be removed within 6 months of final plat Drainage easement for wetland on Lot 1 must be shown on final plat. Grant variance to front setback for existing house on Lot 2. Grant variance for lot width on Lot 1 as measured from County Road 6 frontage OR require re-alignment of division line to create required Dedication on the plat of standard drainage and utility easements. Both Lots 1 and 2 require conditional use permit review for any accessory structure proposal. Criteria for such structure location review for Lot 1 per recommendation 9 of 11/11/86 memo. criteria for such structure location for Lot 2 to be determined upon conditional use permit review. Recommend that staff re-insppct property for clean-up compliance and issue orders or citations as the situation warrants. i •. W . * : ■% '}. MltlUTKG OF TIIR PIiAIINIIJG COIUIISSIOM MEETING HELD NOVEMBER 17, 19B6 liTTENDANCE 7:30 P.M 1 The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Taylor, Hanson, Goetten, and Bellows. Absent: Royegno and McDonald. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Planning 6 Zoning Administrator Gaffron, and City Recorder Peterson. CounciImember Adams was also present. 01090 ROGER HOLLANDER 200 AND 250 HOLLANDER ROAD SHBDIVISION PUBLIC HEARING 7:30 - 8:10 The Affidavit of Publication and Certificate of Mailing was noted. John Hollander, Co-personal representative of the Hildur P. Hollander estate was present for this matter. Mark A. Rurik, attorney for the estate was also present. Assistant Zoning Administrator Gaffron reviewed the application requesting to divide the existing Outlet 3 of Holly Acres into two building sites. Outlet B was created as part of the original Holly Acres subdivision, and was designated as an Outlot because it v;as >^0^” conforming by virtue of the 3 residences on the prop0rty: tho original subdivid0r*s (Mrs. Hildur Hollander's) newer residence, a rental house next to it, and a farmhouse with outbuildings in which her son, John Hollander, resides. At the time of the original subdivision, the City stipulated that: 1. The farmhouse and rental house were non- conforming structures; 2. No permits for principal or accessory structures on Outlot B would be issued until Outlot B was further subdivided. Assistant Zoning Administrator Gaffron reviewed the issues unresolved from the previous subdivision 1. Garage on proposed Lot 2 was to be removed and has never been removed. 2. Access driveway serving the residences on proposed Lot 1 was to be removed and regraded to eliminate any direct access off of County Road 6. A new driveway was constructed to serve the residences on Hollander Road, however the old driveway was never removed and is still used as a primary access from County Road 6. M \ minutes of Tin: PIJVUNING COMMISSIOM MEETING HELD NOVEMIlER 17, 3 90G C1090 HOLLANDER CONTINUED 3. Road outlet ownership: a) Hennepin County lists the City of Orono as "taxpayer" on the road outlot with Hildur P Hollander as owner. Despite Mrs. Hollander’s desire,’ this is still a private road and the City does not own or maintain it. It was noted that the City does J^ot intend to talce it over as a public road. b) Mrs. Hollander apparently never filed the paperv/ork to create a Homeov/ne.v*s Association to the road and now the existing homeowners ^PP^^^^^tly not in unanimous agreement regarding a Homeov/ner’s Association, hence maintenance and ownership of the road is a potential ongoino problem. ^ Assistant Zoning Administrator Gaffron reviewed the issues and facts regarding the proposed Lots 1 and 2 as outlined in his memo. Lot 1 - a) Soil testing for alternate septic site for large house pending. Rental house may not have a well. b) Main house meets the required setbacks from property lines. c) Requires a lot v;idth variance (186.90' where 200' is required. d) This is a "through lot" therefore any accessory structures proposed would require a conditional use permit. e) The rental house is a non-conforming structure requiring removal or granting of variances and/or conditional use permit to remain as a non-rental guest house or storage building. f) Wetland drainage easement granted previously should be shown on new plat. g) Proposed Lots 1 and 2 are in different school districts. Lot 1 in Wayzata school district. Lot ? - a) Garage v;hich was to be removed must be removed or relocated to an appropriate location on the property. b) This is a "through lot" therefore any accessory structures (including relocating existing garage) proposed would require a conditional use permit. e) The existing barns are non-conforming structures requiring removal or granting of variances and/or conditional use permit to remain. f) The existing house does not meet bO* front setback (0.71* short). g) Location of septic system unknown, testing for drainfield sites is underway. h) Iiot 2 entirely within Orono school district. MINUTES OP THE PIJINNIKG COMMISSION MEETING NEED NOVEHEEIi 17, 1986 (^1090 UOLLANDEn CONTINUED concTrL''^.-Vnnlf‘'’E®'’ ^hat ho felt Some of the numerous " ■'hould be resolved before the Planning Commission could make a recommendation. was ^unc\eW‘."^'^ intentions of the proposed lots Mr. Rurik stated that they plan to comply with the removing the garage on Lot 2 ?• ? driveway. He noted that a covenants has been filed so a Homeowners ?h« n® ^^cessary (he will forward a copy to the City . Regarding the rental house, they would like to keep It as a guest house. asked if they would be willing to incur testing and placement of new septic if needed to comply with guest house standards. dol/noi^ testing is being done now and oes not want to make any committment until the results are available. Regarding the barns, they would be willing to give up the use by animals, but are opposed tL stated he would like to confer with the City Attorney regarding the issue of the barns being non-conforming structures. He further stated that the reason subdivision is being pursued at this time is due of Mrs. Hollander's Will that Lot 1 (which IS currently for sale) be given to Hollander's daughters, and Lot 2 be given to John Hollander. F® noted that the existence of the barns, which some fe * - IS an eyesore, is unrelated to the subdivision reques.' Public Comments - Steve Weinstein, 250 Hollander Rd.- Speaking on behalf c£ the Holly Acres Homeowners Association, they are unanimously against the proposed subdivision for the following reasons; 1. Lot 1 does not conform with the 2 acre zoning code, and they feel the rental house should be removed. 2. To their knowledge, Mrs. Hollander filed oapers assuring them that before the lots would be subdivided, all existing buildings v/ould be razed. 3. Existing barns are a safety hazard. 4. Existing well v;ater may be contaminated. Brian Hill, 235 Hollander Rd. - He stated that the house is an eyesore and that there is a constant problem with junk cars on the property. MINUTES OP THE PIJ\NNING COMMISSION MEETING IIEI.D NOVEMBER 17, 1986 Cl090 IIOLIJUJDKR CONTINUED Planning Commission Comments - Bello’.vs stated that she felt the Planning Commission should not act on this application until clean-up of property is done and original subdivision conditions are complied v/ith. She visited the site and felt the buildings ore in a state of disrepair and that the rental house unit is not consistent with the other properties as they have been developed. Goetten stated that she has seen the property and agrees with Bellov/s comments. She noted that the rental house property lacks the required area to approve the use of a guest house. Hanson agreed that the original subdivision conditions should be complied v;ith. It was moved by Taylor, seconded by Bellows, to table this application and continue the public hearing pending resolution of the outstanding issues. Motion, Ayes 5, Nays 0. Mr. Hollander noted that he has recently put money into the clean-up of his property and that his mother never intended that his house be razed. Mr. Weinstein disputed Mr. Hollander's statement and asked the Planning Commission to inspect the property to make their ov;n determination of the property's condition. Goetten asked staff to consider the possibility of moving the lot line a few feet in order to avoid the necessity of a lot width variance on Lot 1. #1093 P & A INVESTMENT 1380 SIXTH AVENUE NORTH SUBDIVISION PUBLIC HEARING 8:15-8:38 The Affidavit of Publication and Certificate of Mailing was noted. Applicants John Adams and Scott Powell were present for this matter. Assistant Zoning Administrator Gaffron explained the request to subdivide a parcel of land into 4 lots. All four proposed lots meet the 2 acre minimum dry buildable requirement; have adequate building envelopes, have been tested for drainfield sites (but not approved by staff). Issues of concern are as follows: mackaul ., cpounse UAW OF-FICES MOORE rpEDcnicK L. tmohson WINSTON C. MUNSON CLAY n. Moonc CONNOR r. SCHMID VAL M. HIGGINS lorcns O BRYNCSTAO SIONLV HAPLAN WOODOURV H. ANDREWS GCORGC R. a . JOHNSON ANDREW R. CLARK ’RANK A. DVORAK ROBERT D. GlSVOLD MARVIN C. INGBER H RICHARD KORSH CHARLES D RCITC MARTIN V. AYDELOTT TIMOTHY D. KELLY SHANE H ANDERSON GLENN R. ORURY ROBERT S. LEE JAMES T. SWENSON ERIC O. MAOSON STEPHEN r. GRINNCLL MICHAEL S. FROST .600 T C F TOWER ,21 «.OUTH eighth STREET M.NNEAPOLtS, MINNESOTA S5A02 XElE'^HONE ©i2’333-*3AI TELCX 29000^ telecopier 333-ei73 STEPHEN P. KELLEY STEPHANIE J. PREM MICHAEL J. DWYER JOHN P. WHEATON TIMOTHY M. OARNETT DONNA M. WAT2 JEAN M. HANSKE MARY LOUISE WEBER MARY LYNN JAHNKE THOMAS C. POWER THOMAS J. LALLlCR or COUNSEL FLOYD C- NELSON JAMES B. HANNAH November 19» 1986 MCNRT C. MACKALt f- rskftSnr^X-nfnl^rzonin. Ad^inistEator City of Orono Post Office BOX 66 crystal Bay, Minnesota 55323 NOV 2 0 i986 V, Minnesoud Re:Your ?ro3ect No. 109U Dear Mike: AS a follow TJlil Sclara^^on^of Commission on November ' tion for Maintenance. recall the Declaratron^pro^ ,„p.ove™ents rtirro^ranl pr’ovide for its maintenance.a ana - .eestions ^,fnrrl^1ue^trons"r:?a?rn, to the above-captioned matter. Sincerely, MACKALT., CROUNSE & MOORE // By -Mark A. Rurik MAR:jw ■Enclosure a r-* ii- I % k* • 1 I iaai»si:s ‘XniflT H^'molIII i■•?> \.« iii'iS l»r 'lATAI U'N \j> TKIVATf iiVWi »AS*V>.Nr AM) l)r •;! AV\I Il’N M'K X\r. ’.rf Of S'.MK HOLLANDRK ROAD (pi lvTlP rolll n irio) HOLLY ACRES_________ (suhilivtnton n.iroc) KNOW ALL NKN BY THKSE J’KKSKNTS: WHKKFJkS,Hildur P. Hollander, Sltigl* ^BUbdlYIdeiT Is ihp fee owner of that certain parcel of real estate located In the y* T» as follows: Block 1 Lots Lo4. Block 2. Lots I5A. Ootlots B and C In the plat of Hully Acres and WHEREAS, Hildur P. tellander (subdivider) to create a non-exclusive private road eas It for drlv and egress, and utility purposes over and across _ _ _ _ _ _ _ _ _above described property y, ingreoa for the mutual benefit of Lots NOW, THEREFORE, in addition to the easements created by a Declaration of Covenants, Conditions, Restrictions and Easements, iLUdur P. Hollander (subdlviiler) does by this Declaration for himself. his heirs, successors and essigns, hereby creates a non-excluslve east'TTM'nt for driveway. Ingress and rgreso, and utility purposes over <ind <«L'ri>:>s tMtlola A, I) and E for thi' iputual l•'^l•flt of Ixtts Block 1. Lots l/iA« Block 2, Lots 1^. rv.. t ^ ^ — Si I es ““ “ " ”Inf n B und ns, (her<*ln.i f trr fho ••licnc f H i‘d Ioik **) __Holly Acres the bc-neflt of *iny oihi*r Ioih in (fiubcli vi tf on) Hollv Acret , hut not for ; ^fid (AuhJiviston) City of Orono, County of Hennepin, State of Minnesota, legally described f p y i • I • xnii ’iT Krn«0 ntUt-K'N Of- FKlVATf KVM> »Al',’VrNTA*;n i.'S ft'K holiandf .k road (prlvilo ro-i'S n hoc ) holly acres ________ (Vvilxllvlston name) KNOW ALL NKN BY TH k SE I'KKSKNTS: WHK»«S, Is ll><- fee owm-r of lh,it cortofn p,ircol of real oatate I City Crono, County of iitnnopln. State of Mlnneaota, I aa follouat »look 1 Lota Ji. lloek I. Lota ij*. Owtot, In the pUt of Hully Acree and WHEREAS, HU V. Hollandet (aubdivlder) to create a non-e.clu.l.e ptlvate roaJ eaae«ot fm- irle an4 egreaa, anJ utility porpoaea over and aeroaa •bov€ described ptop€Tty — for the mutual benefit of l/)tt NOW, THEREFORE, In addition to the eaacaenta Declaration of Covenant a, Concltlona, Restrictlone and JMi.«!l!r-Ff Hollander (subdivldor) doea by thla Oeclaratla his heir®, successors and assigns, hereby creates easitnt.nt for .Jrlveway, Ingress and egreSB, and utility ..crifss for the amtual^h nefit of U.ts ^ und ^ ---- ?hcrtlnafter the ••I.em.nt.d lots") the benefit of any other Join in Hqlljr_Acres ___ (suliclivislon) Holly Acres ('subdivision) V- hi t-Ji i il mm ■4^' f:- z-^ - ^ W.i' ? ‘.sI lu* r»'*i 1 • ^ I Ilf* ii » s«lot 1 Hlldur Ii't 2 Hlldur lot 3 I .o t 4 Lot ^ Lot t IdOt 3 Tent ^ all in Hlldur Hlldur Hlldur Hlldur Hlldur Hlldur Holly A (suhdiV New, THF ($1,00) nnd the gi bc-nofited lots, th IS and succci coven.ant an 1) That rlvate roxid i he City of Oi c rot*d, d-»nd \ n 11 d pr i v.i I 2 ) Tlv 11 pri pf»rt lomtc 1 • I f II I O It 1 I- IS t ;>rovt'<l hy i hi- iig f ind, ind City of Oil in K-irh ownt* f* sii»-h rostii l*» ihr pt-rs •h^rc- of mi' ■ • - i- " 'Vi c->- \ . a - " Kk . aZ ■ "t w.f t I Ilf il .r, 111 I*..- . , 1. IS . • I Ilf f.'l !• »Iii^', lit s*;rn>«<| Ii.is In III* ‘Miy i.f , ft ii v • t Ift I Hlldur P. Hollander Block 1 tot 2 Hlldur P. Hollander Block 1 lot 3 Hlldur P. Hollander Block I l.ot 4 Hlldur P. Hollander Block t I.tit t Lot 2 Ixit 3 1/^t 4 flll In Hlldur P. Hollander Hlldur P. Hollander Hlldur P. Hollander Hlldur P Hollander Block 2 Block 2 Block 2 Block 2 Hoily Acrea (subdivision) NfW, THEREFOKE, In consideration of the receipt of One Dollar ($1.00) .ind the granting of the above private road eaaeaent for the benefited lots, the above obTiers of each lot so described, their heirs, assigns and successors (hereinafter referred to as owners or owner) hereby covenant and agree as follows: 1) That the owners do hereby acknowledge the existence of said private road caseoent and the existence of the private road, and thit Che City of Oror.o has no obligation to eialntatn or service said privitc and that the City of Orono does not Intend to acquire 4»r I i'l n Slid priv.itc road as a puhlic roackjay. 2) Tltit the cuTicrs will and do hereby assuiae and agree to ;>.iv a propurl innate shire of the costs of irvaintatnlng, repairing and • ml fi|'1 If s* II y, the private mad over said cascioent describe* hi-ietn to It leisl a si iniltrd of qualit)' equal to the private road as it was approvi d by ibe Lliy t>f On-no as part of the subdivision of the adjoining land, and as rviy be required from time to time by the ordinance; of the City f*f Orono In n-g.ird to private roads. F-irh owner's shire of such co» ts shall be due and payable oti the date such costs for constnnM Ion, lui Int en.ince or repair are due and payable to |||«> person or entity rend«*rlrg an acc»*unt therefor. Each 0Wn*f*B share of such costs rhill heir Interest at a rate of eight (8) ♦ 1 ^ ' * • I L ]'• I .•• •It pi-r fr<'fn Mioh <1nc d tit* to t lu« of j> f, . m . Aliy 4'wnt r uny hring in .ictlon, »>n b«‘hilf «»f iho •.on*dtfaulUng Diners, to collect a defaulting Owiicr’s share of ^uch tosfi *.hkh are not paid when due, and shall be entitled to n-tover such rtasonable alturncys* fees as the court niay allow, together with all necessary costs and disbursements incurred in connection therewith. The plans, specifications and the awarding of contracts for the private road or for any alterations in the private road after construction thereof shall be approved in writing by the Owners of twenty-five (?S) percent of the Lots. The costs incurred for irdintenance and repair of the private road st»a11 be approved in writing by the Owners of twenty-five (?5) percent of the Lots. No Owner may exetppt himself fron the liability for assessaents by waiver of the use or enjoyment of any of the private road or by the aba adof eot of his Lot. In the event that the Ovners of each Lot described hereto fail to Mintain, repair and replace the private road as provided for herein. It Is apre ed by all parties that the City of Orono oay undertake to oaintatn, repair and replace the private road as provided for herein, and that such actions hy tl<e City of will not result in the private road's becoaing a public roadway, and that each of . the (Wners will pay to the City of Orono the proportionate cost incurred hy the City of Orono within thirty (30) days of the receipt of such charges, er else such charge shall become a lien upon each Lot at the.proportion as provided for iieroin. Said proportionate share is to be determined by dividing the total costs of Tdintenance, repair or replacement, including without liaitation, the cost ef clianing, snow rertoval, surfacing and resurfacing, by the number of lots set forth above, adjoining the private road; and that each Owner shall become liabic for said proportionate share from and after the date of this AgrecHHtt. 3) fach of the ft>ricrs of a lot cJescrlbed herein hereby covenants with each of the Owners of all of the oth«r lots described herein, and each (haer of a lot described herein, by acceptance of a deed therefor, whether or not It shall be so expressed In such ccnvcyance, shall be and hereby is deemed to covenant with the then Owners of all of the other lots described herein, that he/she/they shall pay promptly when due his/her/their proportionate share of the costs described in A «■ vh-a- I« m S.:S (j p.>r.9r«pn. V. C.S.. in ....■ .......... r.rnsrnjn .nnll >. . ,.r>nnnl cblisUion of tbo person or persons -t,o ore the o-ner(.) of soch lot ., ,h. tine when soch costs oer. incorred. ond soid ohll,.tion sh.lt not poss t. his/hor/their socccssors in title onless erprossly ossoned b, tl«. 0) The priv.te rood shell be osed strictly in octordonce with the „si»~nts sronled therefor, t.copt .s herein prr.ided, no (h~r shell obstroct or interfere -heierer .ith the riphts end pririleges of other IVner. in the pri..U rood end nothin, shell he plenled. eltered. constrocted upon «■ reserred b, e. »«r fro. the pri.ete roed. If .n Ooner shell .inlet, this section. «. r^einin, 0.„e,s Shell he.e the ri,ht to restore the pri.et. r~d to its prior conditio. essess the cost of soch restoretion e,einst the <h«r sdK. .i.leUs this secti- end soch .ssess«,.nt shell beco« doe e«l pey.bl. opon the de«nd .f eny .f sold rceeinin, Doners. All of the reneinin, th«.s, .r eny of the., shell h... the end po«r to collect the cost of soch res.oretl<« in * leil*< *“ porpose. If en Doner interferes .Ith tie rlphts end pri.lledes ef e~*h,r Ih-r ,n the ose Of the pri.e.e rs-d. e«ept es herein pr^ided. the re-in... ih-«|- .0, of then, re, cc-ence en ectio. U enjoin s«h InWrf.r— end tt. preenilie. ,..rl. Shell be entitled to r.corer soch reesoneble etter-yf fees es the c«r t^ elloo. topether .Ith e.l necrssery costs end disborse-nts incorred in cc-necti- h„, Cncr re, delepete his ripht nf enjoy-nt « the pri.eU r-d SO his fnents reside on e lot. to tie ren«rs of Ms feMl, e-d his ,-sts end to hH invilPCi. j. « S, ts tn.....nl shell ron .Ith the lend end shell •» M-lnp 0. e„d more to tM U-cfit o. tic p.rtirs he.eto. t.eir heirs. repr.s..t».io... •.iK.cc'eSors And assigns, t) Ile-ro e.y he no ...n>.. nt to or lolr.sr of Iho tcr« o .,s.,,,.nt end drci.r.tlon «ith™t the prior -rlltm consent of the Ctt, Co«tl cf the CUy of Orono. IN WITNESS WMMM>K, the pirtirs h ivo he reunto executed thi» l•/1Sf ‘me'n( /incJ covcn-'int the’ diiy .’iml yi*.ir firsi ;ihove written. (hruvide* ■iKn/ilures of /ill iuhillvldm? .ind/nr lot with rnch iigmiturr properly not/irl/rd,) 4 •**4 # • .• #v *. • .»' ‘M‘•>1 r. f**»7 CITY of OKONO Post Office liox 66«CrysUiI Bay, Minnesota 55323* Municipal Offirea On the North Shore of Lake Minnetonka Movitieber 24, 1986 ' -.9;; oi ;fV j . . . John Hollander 250 Hollander Road Wayzata, MN 55391 Re: 200 Hollander Road, Orono - Truck parking and tire storage. Dear Mr. Hollander: An inspection conducted on November 20, 1986# by Jeanne Mabusth and myself, revealed that several violations exist on the property. I spoke to you on the matter giving you until November 24th to remove violations. You then requested copies of the ordinances as follows: 10.60, Subdivision 13 Exterior storage in residential zone 10.60, Subdivision 14 Waste Materials 8.23, Subdivision 2 Truck Parking UPC 11.201 (a) Accumulation of waste material UPC 11.203 (a) Permit requirements/storage requirements (for tires) I also told you that you may park the truck inside a building but the tires cannot be stored in the building as it will create a fire hazard. On November 21, 1986, you stopped by City Hall and received the above mentioned ordinances. ' % On November 24, 1986, you called and left a message saying you did not remove the truck. This letter is being written to inform you that if the truck and tires have not been removed by December 1, 1986 (1200 hours), citations will be issued and the matter referred to the City Attorn.^y—tcue pr^er legal action, which may result in $750 fine, 90 days of(i^arsinati^ or both. If you have any questions on the matter, please feecell me at my office. Sincerely, Thomas J. Jacobs,r ' c'* y-A' Building and Pire Inspector TJJ/tln cc: Long Lake Fire Department Melvin Kilbo, Chief of Police Scott Richter, City Attorney Jeanne A. Mabusth, Zoning Administrator Mark E. Bernhardson, City Administrator Michael P. Gaffron, Asst Planning & Zoning Administrator Lyle Oman, Field Inspector John R. Gerhardson, Public Works Coordinator BUliniN«A^-ONlNG-473-73S7 • ADMINISTRATION & FINANCE - 473-7358 • PUBLIC WORKS - 473 7359 assessing r«Tsi«i r«)i*iui •Bti* tires Lli be legal both, at my r«it¥«i V r359 SUOUXVXoXUXl / • Mr. Rurik's letter of 11/19/86 regarding the declarations of private road easement maintenance of same has been noted and the tax status of the road is under review. We have not yet received a copy of a site evaluation report to identify alternate drainfield sites on the property. This must be submitted as soon as possible for review by City staff pj-ior to re-commencement of the public hearing. Please contact Michael Gaffron at 473-7357 if you have any 'Questions or comments. This item will not be scheduled for the January 20th meeting unless you request placement on the agenda. Applicant's next scheduled meeting is dependent upon receipt -,f additional information. Deadline for the January 20th Planning Commission meeting is January 9, 1987 or February 6, ^tiB7 for the February 17th Planning Commission meeting. If you desire certified copies of the official Planning .^^j,,ission minutes, they are available from the City Recorder after review and approval by the Planning Commission. MACKAL.l_,CROUNSEI <& MOORE law CFnces •"^tUtRlCK L. Th ORSON WINSTON C. MUNSON CLAf R MOORC CONNOR r SCHMID M. HIGGINS lopcns O. bryncstad SIONCY AAPLAN WOODBURY M. ANORCWS GCORCC R A. JOHNSON ANORCW R CLARK r RANK A. DVORAK ROBrRT D. GISVOLO MARVIN C INGBCR H. RICHARD KORS’I Charles d. reitc MART#N V. AYDELOTT TIMOT HY D. KELLY SHANE H. ANDCPSON GLENN R. DRURY ROBERT 5. LEE JAMES T SWENSON ERIC O. MADSON STEPHEN r. GRINNC’.L 1600 TCP TOWER 121 SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA 55-^02 jtLERNONE ©I2*333 “l*^^l TELEX 29090A telecopier 333-0173 STEPHEN P »^ELi.cY STEPHANIE J PREM MICHAEL J. DWYER JOHN R. WHEATON TIMOTHY M. 1ARNETT DONNA M. WAT2 JEAN M. MANS kE MARY LOUISE WEBER MARY LYNN JANNKE THOMAS C POWcIR THOMAS J. LALLICR January 1, 1987 OK COUNSCL FLOYD E. NELSON JAMES B. HANNAH HENRY C. MACKALL |ieab“i979) ROBERT M. CROUNSE (IB9J-I974) PERRY R. MOORC (1894-1969) MICHAEL S. FROST HAND DELIVERED YIAJiESSENGSR Mr. Michael Gaffron City of Orono 1335 Brown Road South Crystal Bay, Minnesota 55323 Re: Hollander Subdivision Our x^ile Mo. 4755 4 Dear Mr. Gaffron: Enriosed is the site evaluation report to determine soil suitability for the proposed Holly Acres 3rd Addition. request that we be placed on the agenda for the January 20,1987, planning commission meeting. With regard to two of the matters noted in your notification to me dated December 26, ^ Estate LVagreed to removal of the detached garage and will take any action necessary to eliminate access to the driveway on the proposed Lot 1 to County Road 6. Please contact me or Larry Brynestad of this office should you have any questions on the foregoing. Sincerely, MACKALL, CROUNSE & MOORE Mark A. Rurlk MAR'.jw Enclosure \ \ \ I 0 Uj Nj! I CITYdDff OEOM Post Office Hox Gfj* Crystal Hay. Minn«.‘sota r>r)32.i* Municipal Offices ♦ - • • *•* ---- . On the North Shore of Lake Minnetonka Hand Delivered 1/15/87 Richard Little Hennepin County Government Center Examiner of Titles A705 Minneapolis, MN 55487-0067 Dear Mr. Little: In the process of reviewing a subdivision for lot line rearrangements of three lots within Holly Acres Second Addition, the City Attorney's office has advised that the original document entitled "Declaration of Private Road Easement and Declaration for Maintenance of Same" (copy enclosed herewith) was not executed by the original owner and developer, Hildur Hollander. It is the City Attorney's opinion that the document, although filed by the Registrar of Titles office, would not be valid/legal if contested by a future owner. In our phone conversation of January 14, 1987, you had opined that since the document was accepted for filing and recorded against each Certificate of Title that if a lot had been sold or exchanged in ownership at least once and never contested at that time the document would be valid per previous court rulings. If my understanding of your position in this matter in not correct, please advise. Since the validity of the document agaisnt each of the properties is based on the single transfer in ownership and no evidence of contestation of that document at the time of transfer, the City asks that your office confirm the status of the following properties so that the City may confirm that its interests are protected: Lot 1, Lot 2, Lot 3, Lot 4, Lot 1, Lot 2 , Lot 3 , Lot 4, Outlet Block 1, Block 1, Block 1, Block 1, Block 2, Block 2, Block 2, Block 2, B - Holly Holly Acres Holly Acres Holly Acres Holly Acres Holly Acres Holly Acres Holly Acres Holly Acres Acres IRIILUINC * ZOMMi - 473-7357 Ay.SF:SSING ADMINISTRATION & FINANCF - 473-7358 PUBLIC WORKS - 473-7359 ' * r:.ka(«] To:Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members Prom:Michael P, Gaffron, Asst Planning & Zoning Administrator Date:November 11, 1986 Subject: #1090 Roger W. Hollander (Estate of Hildur P. Hollander) 200-250 Hollander Road - Preliminary Subdivision - Public Hearing Zoning District - RR-IB, 2-acre rural residential Application - Divide existing 4.68 acre outlet into 2 building sites (both with existing residences). List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H - Application Plat Map Property Owners List Survey/Preliminary Plat Preliminary Plat With Staff Notes Letter From Neighbor Steven S. Weinstein of 11/6/86 Resolutions #1055 & 1428 Approving Previous Hollander Road Subdivisions Alan Olson's Memo of 10/13/78 Regarding Preliminary Approval of Original Subdivision — Specific Requirements and Follow-up Notices Pertinent Facts: Total Acreage: 4.68 Acres Wetlands: 0.40 Acres (all in Lot 1) Total Dry Acreage: 4.28 Acres Proposed Lot 1: 2.16 Dry Buildable Acres Proposed Lot 2: 2.12 Dry Buildable Acres I. Introduction This is a request to divide the existing Outlet B of Holly Acres into two building sites. Aspart of the original subdivision of Holly Acres, Outlet B was left as an outlet with the original subdivider's (Mrs. Hildur P. Hollander s) newer residence, a rental house next to it, and a farmhouse with outbuildings in which her son, John Hollander, resides. At the time of the original subdivision, the City stipulated that: 1. The farmhouse and rental house were non-conforming structures; 2. No permits for principal or accessory structures on Outlot B would be issued until Outlot B was further subdivided (see Resolution #1055). \ 'it ‘'i r V i Zoning File #1090 November 11, 1986 Page 2 II. Issues Unresolved From Previous Subdivision Approvals A. Garage on proposed Lot 2: from Iht detached garage on what is now proposed Lot 2 was to be removed app^^val Pnti condition of original subdivision in^iclte this has never bren'’donr °''" conducted in 1979, 1980 and 1986 B. Access driveway to County Road 6; r-rb ^^7 access driveway serving the residences on proposed Lot 1 was to be removed and regraded to eliminate any direct acceL off of cLnty load e! Roar but^Te >^®sidences from Hollanderdriveway was never removed and today is still used as a primary access from County Road 6. usea as a C. Road outlot ownership; take ^ 1^f persisted in trying to have the City he^^nKT® Hollander Road as a public road. The City never intended it to • 1^1 steadfastly refused to accept the road as public. You with Hilffur^P^ listed Orono as "taxpayer" on the road outlotith Hildur P. Hollander as owner (see property owners list). The City has been doing battle with Hennepin County over this for at least 3-4 years. Hollander never filed the paperwork to create a Homeowner's Association to maintain the road. Now, the existing homeowners served by Hollander Road are not in unanimous agreement regarding a Homeowner's Association, hence maintenance and ownership of the road is a potential ongoing problem. ^ III. Issues and Facts Regarding Proposed Lots: A. Lot 1 system and well on Lot 1 are approximately as shown on Exhibit E. Soil testing to find an alternate site for the large house has commenced but no report as of this writing. Note that driveway might be over the existing drainfield, but it is functioning adequately. The small rental house has a septic system, but no well to staff's knowledge. 2. The main residence meets the required 30' side setbacks and other required setbacks from proposed property lines. 3. The proposed Lot 1 requires a variance to lot width as measured at the 50' setback from County Road 6 (186.90' where 200' is required), but meets the lot width requirement as measured based on the private road being the front yard. moved ision i 1986 to be Dad 6. ander as a City it to . You utlot :y has rs. ner's ed by ner's 1 on- itfn on louse /eway ining well other ed at red), Lvate (3> 4. This is a "through" lot, hence any accessory structures proposed for the future would require a conditional use permit per Zoning Code Section 10.03, Subdivision 10. This subdivision approval could stipulate conditions under which such structures would be allowable with a conditional use permit, designating which yard is front, which is rear, and what are appropriate setbacks for accessory structures. 5. The rental house is a non-conforming structure it are as follows: The options for a) Grant variances and conditional use permit required to keep it as a guest house. This would require additional septic testing, possibly replacement of system, and variances to lot area, lot width, side setbacks (from existing house -must be 60'). Note that it is not possible to grant a use variance to allow it to remain as a rental unit. b) Grant variances to front setback to allow it to remain as an accessory structure without dwelling status (would have to remove all plumbing); c) Require that it be removed. Given the character of the neighborhood and the City ordinances governing, staff feels that the only appropriate option is to require that it be removed. 6. The wetland drainage easement as granted previously should be shown on the new plat. 7. The old driveway access to County Road 6 should be required to be removed as stated previously. 8. Note on Exhibit E the location of the school district boundary. Lot 1 will be in the Wayzata district. It is ridiculous that the neighborhood is in two school districts, but it is, and that a matter with which the property owners must deal directly with the school districts. Lot 2 Per previous discussion, the garage which was to be removed must be removed or located at an appropriate location on the property. 2. This lot should also be considered as a "through" lot, and any new accessory structures (including relocating the existing garage) would require a conditional use permit unless conditions regarding such structures are placed on the property with this subdivision. wmi] iMiira am [•TsTi LiSfiM L^llTO rsmipni .•i ' • •* ^'-V: MaT«i [OaHi SEEmm SBEmgR L»I »li iHfl > > / raiH •Ttms^ •x«9ic« MllIcM lOAT»1 lOM^VJiKI ^Tira¥liT^I inmr;r«icwsi*i*xAi r»v«i ^ H O 4»C«XiHir#W« rOiKi »tTi r«TsT« ^4T5ni sra» \ / mill#] •itr«^lil ^r«i grail:!*] miii< t \ L_L o <r ifi M o sr «-• Ma • lu O CO 2 < Ks CL UJ CL ru H cn V CO M K tt O li. h- (O M V H CL ai CL O CL CL lOs io H OL Ul CL O g 18 N N. 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S §gr- < o o* X ro tn UJ tn < UJo X I lO in O' K CO o ro o Z ZUJ Ul > > UJ UJ r— ►— to (O isUl u. < I- = 2 in V <h < X Ul XX r oo X o D Z Ul < < >• \ X < UJ X Ul X r O ? X -tX u < z X O H A*- Tfvfvgum,,,, :•* ”:X-rP' '.p ■« k November 10, 1986 City of Orono Planning Commission Box 66 Crystal Bay, MN 55323 Attn: Jeanne A. Mabusth, . Zoning Administration Dear Ms. Mabusth: «.s “s ssriiS'r "" that before the above property can be subdivided and farmhouse, along with other related buildings, are to be torn down and removed. It is also my understanding that the Hollander Road project had this^s one of the conditions in its approval by the Planning Commission. The buildings are not only an eyesore, but because of their poor condition are a safety hazard to the community. ^ condition. Thank you for your attention to the above. » Sincerely yours, ' Rn'fln F HtII \ 235 Hollander Road Orono, MN 55391 BFH:peh STEVEN S. WEINSTEIN & ASS OCIATES 259 Hollander Road • Wayzata, MN 55391 • (612) 475-3199 Marketing Consultants A I t. N0V (oaae t Novonber o, *1986'---- Joanne Mabusth, Zonin'? Administrator City of Orono 1335 South Brown Road Orono, ;iM 55323 Dear Ms. Mabusth: this is in rer^ards to Roger V/. Hollander's application for subdivision of property located at<uu ana <£50 Hollander Road. I want to go on record for virrorously oooosin^ such an application on the grounds that the late Mrs. Hilda Hollander filed papers with the planning commission that stipula-ced that before this parcel could be sold or divided, the two barns and farmhouse on the property would be razed. This has not been done and is an eyesore to"the neighborhood, not to mention an old truck with tires on the pronerty. Furthermore, I understand that the drinking water is polluted' from feces of many animals kept in the farmhouse and is not suitable ^^or habitation. I will be at the November 17 hearing as v/ill several other people from our neighborhood. V Sincerely yours, , ^ Steven VJeinstein r ►* ?.J RESOLUTION NO. 1055 A RESOLUTION APPROVING THE PLAT OF HOLLY ACRES subdivisiorre^lation^^f"^ adopted of land^ithX: development b'j'Sifri: 1. Dedication on the plat of rights of way for public streets and roads, shown as County Road 6. 2. StlnJrA°P® private road shown on the plat as HOLIANDEr’roAd!" ’ henceforth as Concurrent with the creation of this private road the ment ( Exhibit A) granting to the City permanent access utility easements over said Outlets the subdivider has created non-exclusive ingress, egress ^tlotri^"f utility easements (Exhibit B) overpaid’ and the sP^r°a abutting and/or benefiting lots;and the subdivider has created certain maintenance benefitiL^w"^^^^ wherein each of the abutting and/or maintain f a covenants and agrees to permanently road. ^ cost of maintenance for said private 3. 4. • • ^fi‘;en^°?F"^^•^ ® and Conservation usrof a/ f°r limitations on the ctlands and/or drainageways described therein a Subdivider's Agreement providing for p , private road improvements as a condition of subdivision approval. or :(»- [•iiira »:n ^rtinAi WiUl •K» MCti r«Kti ' ■ ■■ ■ 1*^ RTW •ltI«KiO] ilSR r«v»i r«ws^ r«r^<ti r«viT«r«t [•nvr« {mlsXm r#m«i •Islfra«i rtnn liiis Mllilamvra r«nti9 mm.. RESOLUTiOM OF THE CITY COUNCIL WO. . . The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before April 25, 1983 together with a certified copy of this resolution. The approval granted by this Resolution shall expire if the olat ha*; nn<- been filed by the date specified above. In that evlnt! it will be ® ®PPli=®tion with the City of Orono for subdivison Adopted by the Orono City Council this William B. Van Nest, Mayor ATTEST: Mary S. J^ytcke, Deputy Clerk . . U'f ■ >-T mMS\ ^mmm m'Sfswdi wm wmtM r«7^ rtizis •i^n 1 Telephone 473-7357 A CITY of ORONO I < •• -i . . ! )’< st (;.fico Mox ()G*Cryj.Ljl Hay. Minnesota 553Z3*Municipal Offices On the North Short of Lake Minnetonka ----*August 25, 1980 Mrs. Roy Hollander 255 Sixth Avenue, Wayzata, Minnesota 553.91 Ret #412 Subdivision - Construction Progress Report Dear Mrs. Hollander: We understand that paving is to occur shortly on this road. I am sure you are aware that this was a requirement of the subdivision approval and must be completed before your bond can be released. Xn addition, two other subdivision requirements have never been* completed per my October 30, 1979 letter to your 1.The two existing driveways onto County Road 6 were to be closed. as soon as the new road was passible. This should be done by physically grading the driveways to match the surrounding ground and/or highway.ditch and then seeding the exposed dirt. 2.The old garage encroaching on the new road outlet was to have been moved or demolished. When this work is done, your mailboxes and addresses will be Hollander Road, not Sixth Avenue. Olson lliage Planner APOrkh cc: Mr. Jo’"n Gerhardson Mr. G*- n Cook 357 ces m f Telephone 473-7357 CITYofOKOWOPost ornce Ho, f,6.c,.v,u.l Bov. Mi„„. On the North Shore of Lake Minnetonka October 30, 1979 icvsou, 55323-Municipnl Off.ces Construction Progress Report ^s. Roy Hollander 250 Hollander Road Wayzata Minnesota 55391 #412 Subdivision Mrs. Hollander: foil road^ully gravelled^andllowing coimnents to make ner t-ho ^ Possible. i have the approval and the develop^InrigreLen?^""'"""^" cllserarslon"Is‘^thrnerroad° b®be done by physically gradinq\hf^dr^®®^'"^®’ should surrounding ground aL%r highway ‘^ethe exposed dirt.- nignway ditch and then seeding have been mo?ld^ol”emSufhed.outlot was to 3.. The paving is to be completed by August 31, 1980. Sincer^y, P. Olson Village Planner APO:kh cc; Mr. John Gerhardson Mr. Glenn Cook TO:Mrs.Roy Hollander FROM:Alan P. 01 on. Village Planner DATE :October 13, 1978 SUBJECT:#412 Subdivision Conditions of Preliminary Approval preliminary approval 1. Based upon preliminary plat dated August 19, 1978 and presented at the September 26, 1978 Council meeting showing Block 1-6 lots; Block 2-9 lots: Total 15 lots. Approval given for Lots 1-4, Block 1 and Lots 1-4, Block 2 th^se are only lots for which septic tests were provided. Remaining lot layout approved conceptually onl'' pending future septic testing. New road to be a private roadway platted as an outlet through entire property. Road to be constructed through at this time or to have temporary cul-de-sac provided at end of first phase at owner's option. All lots to have access via new private road including Lot 8 Block 1 and lot with existing dwellings. Existing curb cuts to County Road #6 to be closed upon installation of new road. All wetlands to be protected with conservation easeme'ts to the City. Septic testing approval for Lots 1-4, Block 1 and Lots 1-4, Block 2 per attached memo from Mike Gaffron dated September 5, 1978, Garage on Lot Block 1 to be relocated to meet street setback rccjuircmcnts. Permit required (see inspector). 4^ I October 13, 1978 Mrs. Roy Hollander Conditions of Preliminary Approval Page 2 FINAL PLAT DRAWINGS 1. Submit for approval; 3 mylar copies 1 copy reduced to 1" = 200* scale 2. Plat entire property shown on preliminary plat including Tract C, RLS 1281 (the west driveway) and both parcels 3008 and 1025. 3. Plat Lots 1-4, Block 1 and Lots 1-4, Block 2. Plat all remaining areas of Block 1 and 2 as l-wo *’outlots'* including the existing houses and buildings oii the same outlet. 5. Plat new private road as one or more outlets completely through property (complete loop). 6. Plat County Road No. 6 as 50 ft. wide from centerline (which includes 10 ft. of new width) . Plat all "low ground" or wetlands as "drainage easements*'. 8. Plat "drainage and utility easements" 10 ft, wide (5 ft. each side) along all property lines of platted lots and outlots. 9. Plat additional "drainage easements" as necessary to accorTiiodate drainage from the roadv/ay construction. 10. Dedicate to t ^ public on the plat the highway (County Road and all drainage and utility easements. cdnstruction of roadway improvements 1.Complete attached agr<=>ement in duplicate and return at least 30 days prior to expected start of road construction or with the final plat submittal, whichever occurs first. y/ A. Page 20, Exhibit C: complete estimate for Items a, b, c, f, g 6c h. z. \ \ \ \ s4fei'^'"'.:ilt->w'*» A':/:;? !<:. * V i. ■ ■ . ; - To:Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: Subject: January 16, 1987 #1098 C. Wayne Leneave, 360 Wakefield Road Conditional Use Permit - Public Hearing Zoning District - RR-IB Application - Conditional use permit for excavation of a decorative pond. Not a designated wetland. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Pertinent Facts: Application Plat Map Property Owners List Survey Plat Drawing Topogaphy Design Plans 1) Area proposed to be a pond is not a designated wetland but is a low area about 100' from a designated wetland easement. 2) Proposed excavation appears to be roughly 90'xl00' oblong or about 7,000 s.f. in area (1/6 of an acre). With a bottom depth of 5', average depth overall of perhaps 4', staff estimates about 1,000 cubic ya.ds of material to be excavated. 3) Pond as proposed is only a few feet from neighboring property to the south. 4) (See topography) drainage away from the pond area is either to the southeast or northeast, through a culvert underneath Wayzata Country Club's 6th fairway to the Wayzata Country Club's series of ponds and ditches. 5) Applicant has not, as of this writing, indicated whether^ there will be an overflow or outlet to the pond, how the banks will be graded, or where the spoils will go (on-site or off-site). These concerns were expressed by City Engineer, Glenn Cook, during his review of the site on 1/14/87. 6) Cook in general had no problem with the pond, noting that it is relatively high in the watershed above Lake Minnetonka and probably will act as a pothole to trap nutrients rather than send them along downstream, hence perhaps of some benefit to the watershed. pond. ty to to the ountry 5 and it is obably along Zoning Pile #1090 January 16, 1937 Page 2 of 2 cattails or other aquatic^egetation^^ and^^^^^ water, no evidence of rush has been previously cut from the nonr? some trees or applicant is creating a ^ond non^'SrLLT^reejSu^l^ Staff Recommendation: Applicant is requested to provide additional information regarding.- a) Whether or not an overflow or outlet is intended? b) How will the banks be shaped? use permit proLbly^\eq^ired^for°s^^ Placed? (Conditionalwithin Orono.) ^ required for spoil placement if off-site and d) HOW Will finish grades affect neighboring property to the south? olstrf^fseparate permit for creation of thifpond! require a Given that these questions n-tn j recommends approval of the conditional^ adequately addressed, staff subject to the following: <=™<3itional use permit for pond excavation gradinrircomplete?^ disturbed areas tc proceed immediately after frea aegardesLjp?iir?o'be prtfderhy IppITca^t)!" 3. Protection of downstream drainacewavs bv q-ih-during excavation process. ^-nageways by silt fence or other means s - ,'>W^C tvW'L-F/t't.K f '» ?•> '-'A i/iP.' yis i">:CAl -\r 1C (^- - ' / / /'.i ^ / 5- .':\.o- ^1.'^ /iA<^0 i.U-< /- ' • at-xCITY OF ORONO ''f V,- t I ■\y GENElQii^ land ’" USE APPLICATI6 n PROPERTY LOCATION Site Address *2 6 C? U//9 ^ B/' cl^tO tkiP. / Z - Vl >S ':-> / - /t .' 7 ' 7 ->» S / s'r*'-' '’c ' (‘ 'I ) Property Identification Number (P.I.D.) :^L ' jc>7 ?■> ~3/ ^ Please check one - Is the property abstract or _ _ _ _ (for Conditional Use Applications only) torrens? Please attach legal description to application if not included on required survey. applicant Name C.Phone M.^^VZ.-0777 0. Mailing Address *?6 0 _^ ^ / u. OWNER Name t _ _ _ _ _ Phone ^»^>TVV'^777 Mailing Address ^ 0 ^/C,_ _ _/V>|^^ 3^3^) Date Proper^ty Acquired ^3A^Aav^^(month/year) I (do) ^do no^ also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS Residential accessory Use Institutional (church, school, etc.) $100.00 a) $150.00 b) $150.00 c) $250.00 d) $200.00 f) Grading and filling -uOl cu. yd. or more s. Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule other applications _ _ _ $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation _ _ _ $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision ^ ■» * sns? 3 on nm 0, m 0'2PXR APPLICATIONS - CONT. _ _ _ _ $250.00 Rezoning _ _ _ _ $200.00 Appeals i- •* Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District \ & Present Use of Property DESCRIPTION OF REQUEST ^ i. r i 0 ft >o \L ^ Describe request in detail: , E^iUIRED SUBMITTALS Completed Application Form. ) Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. Certificate of survey. Construction plan, if applicable. (j5^ Plat Ms^p.'-(c>f^-rAii^L^ vo vT-H Ov-Jr^rie^i The applicant and Propertv Owner must sign this applicatior. Please remember that your application is not complete if the above information has not been included. ___ MM mmm mmm mm mmt mmm mmm • ^ mm mm mm «v mm mm mm mm mm «*■ mm mm APPLICANT'S SIGNATURE • ^The applicant hereby agrees to provide all information ^^‘^uired or request^ed by the Zoning Administrator, agrees to pay all unusual expenses incurred in review of this application, and certifie tSe TnforLtion supplied^is true and correct to the best of his/h r knowledge. Applicant's signature OWNERS SIGNATURE / < ‘ dResidentiaJLJ Other (specify)_ _ / rpH^ owner hereby acknowledges^and agrees to this application and further ^^fhorized reasonable entry-^nto the property by City staff, consultants, ^ orJts commission members, and Council members for purposes of investigation and ver;j^cation of/tl^s request. Date / ^ // 'f i Dbtain rnment i names ease 1 has d or id/or that >/h r rther ants, s of ■‘IS H “ p' fj-. /A / . r / ■ / 1 ,qO I > i C7v/ / / // /X . .»3S!r / / /• i § ' . S \ s \ (a) i S'■£ C. I J5 cr' ^ 5 2l/v> V ^ • V\ l/^ I in -1 O' In r •‘(.Mil.s«. ...41 1 Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members PROM:Michael P. Gaffron, Assistant Planning & Zoning Administrator DATE January 7, 1987 SUBJ:#1099 Carolynne Hibbs, 2765 Fox Street - Variance Zoning District - RR-IB Lot Area - 3.0 Acres total, 2.2 Acres dry Pertinent Ordinances - 10.28 Subd. 5(B) Front yard setback required: 50' Proposed Front yard setback: 28' Variance = 22' or 44% List of Exhibits — A - Application B - Plat Map C - Property Owners List D - Survey E - Survey with Septic System Location F - Staff letter to applicant 12/10/86 G - Proposed "Hold Harmless" agreement Discussion - The applicant is requesting a front yard setback variance to construct a two-story deck to the front of t .ome. A survey of the property indicates that the existing residence is only 34' from the actual right-of-way line, although the paved roadway is more than 80' away. The platted corridor for Fox Street does not coincide with the actual traveled surface and in fact, as v;e have seen in more than one plat on the north side of Fox, the traveled road is in the i^o4rth half of the 66' road corridor and sometimes not even within the corridor. Staff Recommendation - Given that the City has no plans to relocate the traveled roadway, and given that the applicants perceived front yard is actually right-of-way, staff recommends approval of the variance for the two-story deck. . *ft Ii t J. i Zoning File #1099 January 7, 1987 Page 2 Septic System Location - As a result of the survey provided for this application, it was discovered that the applicants drainfield is located within the platted right-of-way. This was recently installed fl986) and the location was approved by City staff based on apparent (but now disproven) property lines. Again, given that this right-of-way is perceived and used as front yard area, and that the City has no current plans to relocate or widen Fox Street, staff recommends that the drainfield be allowed to remain as-is, subject to the applicant executing a hold harmless agreement, so the City would not be liable for damage to the system if in fact the road is widened or shifted in the future. ■mL A ^I I ff ,9^ /•'’" **. />^ *■f V‘ 'Cv, /•f/ v!\ 5^ i y, ^ w' Q.^^> Q.y r'%'^H'r- ■■ ■f'~^ y.■ f / Zco.cn) pp -/-/• ^C7 2.0sT CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.CO per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address 2765 Fox Street, Way/ata, MN 55391 Property Identification Number (P.I.D.) 04-117-23-43-002 Please checlc one - Is the property x abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name Carolynne A. Hibbs Phone 476-4349 Mailing Address 2765 Fox Street. Wayzata, MN 55391 OWNER s^I Name Carolynne A. Hibbs Phone 476-4349 Mailing Address 2765 Fox Street, Wayzata, MN 55391 Date Property Acquired May, 1986 _______________(month/year) I (do) (do not) also own the adjacent parcels of land. IB0 mm mm mm mm m mm mm mm mm mm mm mm ^m mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm WmB mm mm mm mm mm mm mm mm mm mm ^m mm mm mm mm ^m mm mm PRESENT USE OF PROPERTY Present ’/.oning District RRIB________^_______________ Present Use of Property Residential Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ 3,000.00 Describe request in detail: Addition of ci two story deck is requested so that the home will have a front lacing the road. VARIAIvCES required Lot Area Lot Width Hardcover Setback Variances ( X Front Side Rear) Other \ •* hardship Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Platted right of way extends to within 34' of home and a 50' setback is required. ^ ~ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe*unusual property conditions preventing compliance with Zoning Code Requirements t Placement of the existing road (Fox Street) on the__________ __________________________right of wav ___________________________ REQUIRED SUBMITTALS 1. 2. Completed Application Form Certified Property Owners List of owners within 150* (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3.Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. 5. Certificate of survey including hardcover calculations as required. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature OWNERS SIGNATURE Date / The owner hereby ackowledgcs and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. 1 Owner's Signature r 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 Mondciy of each month. V .■ i Ti *'■ j p (j^»v r ** ! ^ : '* h K ^'i t' L v\/ / V* n/it»^irSf»r ''• 1... . 1 '/%J CITY of ORONO I'ost Offiro Box G6»CrysUil Bay. Minnc.sot» .VV;j2;j*Municipal Offic On the North Shore of Lake Minnetonka. December 10/ 1986 :vs Carolynne Hibbs 2765 Fox Street Wayzata, MN 55391 Re: Proposed Decks Dear Ms. Hibbs: reviewed your survey and proposal to construct decks on the we?e to find VI? '• surprised, as I'm sure youn platted right-of-way extends to within 34' of vour district®°tmir front setback requirement is 50' in the RR-IB zoning district/ your proposed decks require a variance. I have enclosed the ppropriate application form which would have to be returned with the Lnu^arv 7 ■December 23 in order to be pj^ce^on tfll Planning Commission agenda. The earliest final approval by the City Council would be February 9/ 1987. I have also attached a scale drawing of the location of your seotic riqht"*of^wat^ turns out, your drainfield appears to be entirely within the some future date the City proposes to widen or realign the road, at that time you could expect a change in this policy. For the present, we will only ask that you sign a hold-harmlesss agreement absolving the City from any claims arising from work done by the City within its right-of-way. questionsPlease contact me or Jeanne Mabusth at 473-7357 if you have any MPG/tln cc: Jeanne A. Mabusth, Zoning Administrator John R. Gerhardson, Public Works Coordinator Mark E. Bernhardson, City Administrator Bl Itni.Nf:* ZONING - 473-7357 A.SSFSSING ADMINISTH,\ I ION &. FINANCE - 473-7358 PI ni.lCWOkK.S - 473-7359 t. I HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Carolynne A. Hibbs, on behalf of herself, her heirs, successsors, and assigns, hereby agrees to indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of her performance of the following improvements: Damage to or destruction of private improvements including but net limited to driveways, landscaping, and on-site sewage treatment systems as a result of road construction, reconstruction, or maintenance within the dedicated right- of-way of Fox Street. Carolynne A. Hibbs STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this of_ _ _ _ _ _ _ _ _ _ _ _ _, 19 , by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ day Notary Public My Commission Expires it TO:Mayor Grabek Mark Bernhardsori/ City Administrator Orono Council Members Planning Commission Members FROM Michael P. Gaffron, Assistant Planning & Zoning Administrator DATE January 15, 1987 SDBJ:#1100 Michael Plank, 4145 Watertown Road Conditional Use Permit - Public Hearing Application - Temporary ”Guest House" - Conditional Use Permit for second structure on property intended for future division. Pertinent Ordinances - Section 10.03 Subdivision 7: One Building Per Lot. Except in the case of Planned Residential Developments as provided for hereinafter, no more than one principal building shall be located on a lot except that staff may issue a permit to use a manufactured home that shall meet all required setback standards or an existing dwelling while a new principal structure is being constructed. Such permit shall be issued for a period of 3 months, any extensions must be approved by the City and shall expire upon issuance of a certificate of occupancy for the new structure and such structure removed. Section 10.20 Subdivision 3(G): Subd. 3. Conditional Uses. Within any "R-IA" One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: G. Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non paying guests. All regular lot requirements shall be met by the guest house. List of Exhibits - A - Application B - Plat Map ■ Property Owners List • Letter of Request • Survey Photos of house to be moved in and proposed building site G - Airphoto Copy C D E F Pertinent Facts - Zoning District - RR-lA 5-Acre Lot Area 19.6 Acres + Total 16.8 Acres + Dry Buildable 2.8 Acres + Designated Wetlands '4 ki Zoning Application #1100 January 15, 1987 Page 2 Proposal - Move second residence onto property under Temporary Guest House Conditional Use Permit - pending future subdivision as shown on survey. Setbacks - Front Right Side Left Side Rear Wetlands Proposed 150' + 100' + 100' + 675' 70' Required 100' 50' 50' 100' 26* Note? This is not a conventional Guest House Conditional Use Permit application because applicant's intent is to divide off the lot to make the proposed house a separate tax parcel. Staff accepted this application only because the property obviously has the necessary lot area, width, and septic sites for at least the one lot division necessary to create a parcel for the second house, and because of applicants willingness and intent to commit that he will proceed with the subdivision. Discussion - Please read the applicant's letter of request. He is hoping to move a second residence onto his property containing about 16.8 dry buildable acres. He intends to locate this residence so that it will meet the required setbacks and lot area requirements for a future subdivision. (Applicant would be subdividing now, but the subdivision could not be completed in time to meet applicants tight time schedule for acquiring and moving the structure from it's present location outside of Orono.) Applicant's intent and request is to obtain a Conditional Use Permit for a guest house, meeting standards of SEction 10.20 Subdivision 3'G). Applicant would agree to the standard conditions allowing use of thei structure only by occupant of the existing house at 4145 Watertown Road, or their domestic employees or non-paying guests. Applicant further suggests that he would escrow funds to complete the subdivison process, and would be willing to stipulate that the well and septic system, which would in effect be the twD major appurtenant systems that define this as a separate residential dwelling, could be omitted until a subdivision is completed. Staff notes that septic sites have been tested and are suitable for a mound sewage treatment system near the homesite. Staff suggests that the terms of the Conditional Use Permit could be written so that no residential occupancy of the structure (be it guest use or rental use) be allowed until such time that the new house has been legally subdivided off and exists on its own legal parcel. Zoning Application #1100 January 15, 1987 Page 3 Staff Recommendation - Approve a Guest House Conditional Use Permit for Michael Plank at 4145 Watertown Road to construct a second residence on the property, subject to the following conditions: 1. Applicant shall locate said structure on the property so that all subdivision and zoning standards for this structure to exist on a separate parcel can be met. 2. A Certificate of Occupancy for the structure shall not be issued until such time that a subdivision to provide a separate parcel for this residence has been completed (this condition is recommended because of applicants stated intent that this is to be a separate residence ultimately). 3. Applicant shall provide a letter of credit to cover the costs associated with a subdivision application i.e. survey work, legal and application fees, etc. to be drawn upon and used for subdivision completion if the appropriate subdivision has not been completed within 1 year of the date of this Conditional Use Permit approval. 4. The applicant is advised of the following factors which may affect the potential subdividability of this property: a. Dry buildable lot area is shown on the survey dated 12-23-86 as 16.8 acres approximately. Because it is possible that an actual field determination of the wetland boundaries was never done, the actual area of wetlands is subject to verification and might be reduced or increased, hence affecting total dry buildable area. b. Because this property may have the potential for containing 3 residential homesites, any division to create a second homesite must address access to all potential sites. City policy is to review future access concerns when properties are being subdivided. In this case, it is wise planning to consider one access point to serve the 3 potential ultimate homesites on the property. There is the possibility that futurechanges in zoning or increased development in the area could create a situation where the City would want all three future lots to use one access point. A private road outlot corridor capable of serving the 3 potential sites should be considered at the time a subdivision is applied for. Note that any private road outlot is excluded from lot area calculations. J A / » ’J general LANj^Jbbr. «JSu.V^/\ i/oc.oo '.y.r;. //A property location Site Address 0 *l/,l ;ii i'iy lc» P f ~W A \ ; ^T<' '< s Property Identification Number (P.I.D.) ) i- Please check one - Is the property _ _ _ _ abstract or (for Conditional Use Applications only) •// Cody torrens? Please attach legal description to application if not included on required survey. applicant Name 4'i [r k Aj> [ P L . I It Phone 0/2/; " i- O . \ Mailing Address iH‘ UUj^Li P/.'mV< OWNER ^ame LjU J{Phone Mailing Address 4 Date Property Acquired ^ 'l(j (month/year) I (do) (dmyjot) also owim’&B adjacent parcel)^' of land. PEES - CONDITIONAL USE PERMITS /$100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule • } OTHER APPLICATIONS _ _ _ _ $150.00 Commercial Site Plan Reviev/ (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation _ $ 50.00 Easement Vacation With Subdivision • «!».. • ' — OTHER /^PLICATIONS - CONT. __ _ _ $250.00 Rezoning _ _ _ _ $200.00 Appeals Other “ see fee schedule PRESENT USE OP PROPERTY n ^ a Present Zoning District ' /\ Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail: aoo ^^QUIRED SUBMITT/U^S ^1. Completed Appli y Application Form. 2. )*' Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) 'f\ ’^Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no ;return address. 4^ Certificate of survey. Construction plan, if ap^icable. Plat Map.'- 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. mam mam mam mm ^m mmm mm mm mm mm am mam ^m mm mm ^m mm mrnm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm ^m mm mm mm mm imm mm mm mm mm mm mm mmm mm ^m ^m mm mm mm mm mm APPLIC/^T'S SIGNATURE Che applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. j (a -u DateApplicant's signature OWNERS SIGNATURE il V Che owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto t);e property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner’s signature J 4 V. if V/:l Date f Applicant must have all submittals into the City offices 25 days before th^ Commission Meetings are held on thethird Monday of each month. I .V rra- I r: ,'i-J o irl n cj a § K K lu o QL & UJtt c\ •« N. Ml in o o o t tn CM I CO K H a Q. LU LU o o V LU -J u 2: < o o q:< LU 2 §g o 5 h- o pH I CO to LU LU K- t- < < h* H iO CO UJ >- -J H < a(O LU Q. a: o o q: U. Qu o o < to S HLU (^ LAto LA LA § S Ui CO § O ^ P X to CM O q: I CO q:LU 1:55 a >0 lA X ►- P-« M GO O LU to o M > < o lA CL 22 to o o o to to CM I to •I•- o o 5 0 <c-^ ■•>• 1 >7 r.";f i ;=i f * I. \i r — s CM CM O o o o o X o H < CD < t- O H O o o LU O DC <r to CM I CO CO 0:LU M LU q: o g o to d :UJ M LU ok : H CM to <r lA X lA ^ UJ UJ I pH to COto CO CO if Eg o to O -J lA CL ^ 7Z tt Os aoa tL m KX CO a nLU h C >- \ a < LU ^ a z: b H • 1 - K •M O If) fO *4 Ha lUo Q. r* I UJ tt oo K1 n cj I CO ^•4 o q : Ch lAro lA lA 3 CL a q : tt I •H Kl <0 lA -J -i UJ LU < < X Xo u M Mr X o H X q : m Si3 0. 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LA o UJ a to O UJ 32 O X to 0 o o r-« § ^ ^ a < H h“ K> X UJ CJ LU 1 H LA to Lfi LA X X K X Kl O O o X o Xo P‘4 Kl a CJ UJ I H 0 < »-4 :£ UJ LU oX <h LA to LA LA 3Sp M M OX X I osro<ro H 2 X M|!i3 H ►- < X X X X LJ UJ UJ (0 o -J ^ a UJ lU o < O O ^ X 3 # ,. g3 CJ <sr X UJ ro X CJ a. I M 0 X •M U «-HI I < H UJ UJ 0 LUz3 O 0 Kl LA LA XlU 0 LU X O 0 Kl 0 CJ 0 to o UJ -J 0 X LU -J cu o X X UJ X X M &3 X Xu 0 0 -J '5' CL sr X o o o X o si C3 X 0 to LA 0 H Kl X CJ UJ I K 2S 11 =33 a X si X X o _ H X X I-4 O O H 0 H* -J < X 1 0 ^ <t X 2X3 »-4 0 0 3 0 0 0 0 < < 0 <r 0 0 0 -J <r X z 0 -J o X X <r X -4 u U ^ X •0- < < o <0 "Cr M M ^ < 000^1:0 0 X z Z X Q CJ < UJ X < Xo X UJ 5o X a X CO LU < >- N < LUX r;gs 0 O Oo CN 0 0 0 0 CJ to CJ I 0 •Js LU »- 0 0 fc X X ^ Z 0 <^ 5 V I 0 >- X 0 0 to K- >- 3 U X M 3 X o CJ 0 0 X<X mJ 0 oo CJ 4J* 0 CJ I 0 0 0 Oo CJ < 3 2 O' 0 0 0 0 0 CJ I 0 0 X X M zu I •-4 0 O CJ 0 0 ^ 0 O — ^ X X O 0 0 < § 0 < X 2 lU g§ 0 0 0 X X M zu 0 XM < «• O X o CJ CJ<r X <r 1 I < i tnf m 4l MflJWiigri December 23, 1986 f Hello: I have a house on 20 acres at 4145 Watertown Road. I am applying for a Conditional Use Permit to move a house on my property before I subdivide. I realize this is not the normal accepted procedure; however/ I am in a hardship position which makes it necessary to do so. Allow me to explain my problem/ and then what I hope we can do about it. \l ■■ f ■II Stubbs Building Movers has a house that needs to be moved before the road restrictions are placed sometime this spring -- usually in March, Therefore/ all the arrange ments and approvals need to be made sometime in February. A normal subdivision process takes upwards of 4 months/ therefore/ the timing makes it logistically impossible to complete the subdivision before the house has to be moved. Under the requirements for a Conditional Use Permit/ after the Planning Commission meeting on January 20 and the Council meeting on February 9, the timing requirements for the move could be met. This would allow me to start the project/ with the subdivision to be completed at a later date. A few points are worth mentioning. I do not feel that a subdivision at a later time will present any obstacles. In 1978 I worked with the City to complete most of the preliminary subdivision requirements. At that time I did the following: 1) Mark Hurd took an aerial photograph of my property and drew a topographical map. 2) Gordon Coffin did a complete survey of my property lines/ locating all boundaries/ the center line of Watertown Road/ and the Luce Line. 3) I worked with the Minnehaha Creek Wate»shed District to locate all designated wetlands on my property. These wetlands were surveyed/ platted/ and given to the City by Quit Claim Deed. 4) I worked with Hickok and Associates in doing perc tests around several potential house sites on the property. ¥ Paqe -2-*2.; ■r-f ... a J J.uBefCu.i^'oi uofi With my application for the permit I am including my survey showing the following: 1) 2) 3) 4) 5) 6) All boundaries of the property as well as wetland boundaries A topographical map The proposed site for the moved-in house/ meeting all setback requirements The location of the existing house and buildings A proposed access road Proposed boundary lines necessary to complete the subdivision. This creates the required 5 acre lot/ which does not include any wetland areas. As you can see, most of the subdivision requirements have been met. Timing of the legal procedure requires me to apply for the Conditional Use Permit. After talking with several members of the Planning Commission, I believe that I understand the main concern of the city; that an occupied house must sit on its own property. As I understand it/ the City is concerned about losing control over being able to apply or enforce codes and laws concerning occupied homes. I fully respect this position/ and it is not my desire or intention to create a problem either for the city or myself. As a solution/ I would be willing to escrow funds necessary to complete the subdivision. I am also willing to stipulate that the subdivision be completed before the well and septic system are installed. This allows the city to retain supervision and control over the property through the normal process of inspections and permits. I hope you recognize my sincerity and desire to work with the city to make this project work, I feel this is a reasonable approach to working under a Conditional Use Permit until a subdivision can be completed. As you can understands^ time is very much of the essence; this must resolved in the first meeting if the project is to work. Thus I would hope that if you did have any questions or concerns/ you would please contact me before the meetings. My liome number is 476-2060, Thank you/ Michael Plank MPrph ■ -I J :I r i » Ii i ; ! I M it iJi M -3SKETCH , . forKlCHAEL PLAtJK •-‘- In the East % of Section 31-118-23 I'i OO SouVU VmA »{ Kit '/l o? SccV»«rt ‘•tT V4^ 7a 0^ ^C(. vJ-.V r-1 <•£ Ut Vi o? ^<»C- H-<lft*l3 741-lol HM*2«'2T"e ‘•—i>ic.^VN\ V<rtt ot <»E V4 Sct+ton H-ni-tS EXISTING DESCRlPriCH That part of the Southeast quarter of the Northeast quarter lying West of the East /42.50 feet thereof. South of the centerline of Watertown Road, and East of a line hereinafter referred to as ''Line A", said "Line A" being described as follows: Commencing at the Southwest corner of said Southeast quarter of the Northeast quarter; thence East along the South line of said Southeast quarter of the Northeast quarter a distance of 170 feet to the point of beginning of said "Line A"; thence deflecting left 77* to said centerline, and said "Line A" there er.d i ng; . .That part of the East half of tti" southeast quarter described as beginning at the Northwest corner of said East half of the Southeast quarter: thence East 377.5 fe * along the North line of said East half of the Southeast quarter; thence South 1509.75 feet parallel with the West line of said East half of the Southeast quarter; thence West parallel with the North line of said East half of the Southeast quarter to said West line; thence North to the point of beginning, EXCEPT that part of the North 330 feet thereof lying Wes; of the southerly extension of said "Line A"; ALSC EXCEPT that part thereof described as follows; Beginning at a point in the West line of said East half of the Southeast quarter distant 15 feet South from the Northwest corner of the Southeast quarter of said Southeast quarter; thence Southeasterly on a 3 degree 00 minute right curve to a point on the south line of the North 1509.75 feet of said East half of the southeast quarter distant 455 feet East from the point of intersection of said South line of the North 1509.75 feet with the West lino of said East half of the Southeast quarter; thence West to said point of intersection; thence North to the point of MMn^Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian, Vtftt Ht ’/*•?, 7aZ ^ 'ton 'i' - ’\ £ Cl V c / \ \ r J v--i I \M •_4u/ : 1) * \ \wA\'t : '' / // •/ •• c-*', ,1 ■ i I/ ,-.y /. ,iJ4 t 1/ ft OS Vi. fT "n 3r *'*1 Z v; \s ^ N \ f \ • » ’I —— -ii. ■ CoA«>#r|Vo'^ - *" ■*JT ' tbitriT ' “V -T 0 \ I- ;o!A;tn % N ' .,V • — C «OPi ^ £ a ^0.rr,er\^ Scale: 1" » 200’ Date : 12-23-86 0 : Iron marker COFFIN i GRONBERG. 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HI m ■‘ ;..■''V. 5mi-f:l» :»i IK ■ 4 ”- ■*>l'^,'kj'"i iimi TO V / m mimti:'m .to im& f: [• t PROM DATE SOBJ: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members Michael P. Gaffron, Assistant Zoning Administrator January 7, 1987 #1101 James E. Mertes, 3237 Casco Circle - Variance Renewal - Public Hearing List of Exhibits - A - Application B - Plat Map C - Property Owners List L - Survey E - Resolution #1904 F - Staff memo of 12/3/85 Applicatioi*. - Renewal of Lot Area/Lot Width variances granted per Resolution #1904 dated 1/13/86. Pertinent Facts - Lot Area: Lot Width: Required 21,780 s.f. 100' Existing 16,748 s.f. 55' Variance 5032 s.f. or 23% 45' or 45% Previous approvals require that development on this lot meet all setback, average setback, and hardcover standards of the LR-IC zoning district. Discussion - Ine applicant has been unable to sell his residence in Shorewood and hence has not commenced construction of a new residence on Casco Circle. The variance approval expires on January 13, 1987. Applicant anticipates construction will commence in 1987, hence a variance renewal is requested. No changes are requested from the previous approval. Please review the attached exhibits. Staff recommends approval per the findings and conditions previously approved in Resolution #1904. ^ I t* # •/> rr »t •* /;■' -f’. i’l 4 %« I-’-- V;r (I •;/ « •; t 'A = ■) 'Vr.' JL I "Z -2-ir 'S'U» ^ -}S- i *~X> - •-> >5' CITY OF ORONO - VARIANCE APPLICATION m T , . . . _ cicn nn fS50 00 Dcr each additional variance)Initi,a-1—Applicatign- Foo—$1 ^.00 (§5U.u P ^ppiimtion)from original appii fttter-tne-Fact t'e^ (Double application re_________________________________ ;rict PROPERTY LOCATION 3 2-3'7 Ca^c^ CUtz-C'^^Site Address _ _ _ Property Identification Number (P.I.D.) >*!2.— Please check one -- Is the property 3 O r. J 3 ling abstract or torrens? Plea.e attach legal description to application if not included on required survey. _______________________________________ ____________________________________ <-> - 37S'-/60C» APPLICANT ^ ^ Phone ^V-/- 2^92^----------- Name \ A-^grs Hfeairgr Mailing Address '2^'700 Suarf: __ iin :er OMNER he Phone Name Mailing Address (month/year) Date Property Acquired- - - - --- -- - - - - - - - - - I (do)C(dr^also own the_adjacent_parcels_o£_la^^ - - - - - present OSE of PROPERTY Present Zoning District Present Use of Property i/AC^A^T Residenti^ Other (specify) DESCRIP**^^®*^ op request Estimated Construction Cost $, Describe request inin C^rr1> e e VJ^SES required ^ Lot Area t Setback Variances (------- Lot Width Front Hardcover Side Rear) Other ;rict i^ing ‘iin :er ■k m-Mi- "" a hip or practical difficulty rcsultin^^^om^^ Describe undue regulations:—-- -----■— .^ ; - --- - - .AiCAIUIr^ rtJ s-g^ ^ OF.----- -------------- / ^ I — ■■ Ttrorprcventing con.pliancc«ith^^ rj0gQribe unusual p _____________—------— ■ ____________ code Requirements^i_.__—------ QUIRED SUBMITTALS completed Application Ror» ^rUro-t Ce^ti; certified property department of Frnance this list from Hennep 348-3271)- ___ ____,caressed to each this list from nennepr.. 348-3271)- pre-addressed to each Stamped, legal no return address. Us on the above list ealcu’--^- - Please the above Stamped, legai ^ no return Us on the above list calculations as requrred. . survey including hardcoverCertificate of survey __________ 5. Plat Map. ________________________this application. ____________________tJT-nnerty owner must ^ complete if ^,he Applicant end^Propej^^V^ epplicatxon xs remember Y included. _________________________ information has *____________________ wrLrcUs'sic^ information requested DY .^^^rred m review ^^rrect to the unusual expel supplied is true . , / a.v,« information Buyi r-3 I >f . /-, / /o/ Applicant's Signature ^ tion ~—’ ____ APPlif„fcUsfion Meeting. Plannxng Commr Planning , y ^ach month. 5UJ U) M in CL ^ (/}o O O Ui a UJ o U «-l fO IH D.X -J O O sr u h- o in rr rO «8 LJ q: in M iA tn o in M O tf>CM U X ^ u 1 IT) F M ^ - lli^ rtiMtiiiiti 1 m <m •IflTV^ •liltl ^lIsItfaK A ». • 'f City off OMONO RESOLUTION OF THE CITY COUNCIL NO. 1904 A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #988 % WHEREAS, James E. Mertes (hereinafter "the applicant") has an interest in the property located at 3237 Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Lot 18, Spring Park, also all the land including the vacated highway. Lake Shore Drive, lying between the Northeasterly line of said lot and the shore of Lake Minnetonka^ and between the Northwesterly and Southeasterly lines of said Let 18 extended Northeasterly to said lake shore, and being part of Government Lot 6, Section 20, Township 117 North, Range 23 West of the 5th Principal Meridian, and also indicated on the plat of said Spring Park, (hereinafter "property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivisi 6 (B) to permit the construction of a new residence on a prop'fi y -uat is lO'^^s square feet in area or 77% cf the minimum area required of 21,780 square feet or half acre and the width of the property is 55 feet cr 55% of the required 100 feet of lot width. Minnesotai NOX^, THEREFORE, EE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application wa.s reviewed as Zoning File #988. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The property was in common ownership v;ith contiguous Lots 16 and 17, Spring Park prior to 1967 through 1977 when the current owner, Douglas Smith, purchased the property. Lots 16 and 1/ are now legally combined. 4. Section 10.03, Subdivision 6 (A) (1) of the Municipal Zoning Code provides for develo'iment of lots of record held in separa e ownership since prior to the effective date of the zoning regula tion, provided a lot of record meets 80% of the required o a and lot width and has municipal sewer available. Page 1 of 6 ■V Lr City of OMONO i RESOLUTION OF THE CITY COUNCIL NO. 1904 % to December 19, 1983, the City Council always required that when two or more lots were ov;ned in common, each lot must individually meet or exceed the requirements of the Zoning Code lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the rquirements of the Zoning Code before the lots can be built upon. . 6. Upon completion of a 6 month City wide review of the common ownership issue, on December 19, 1983, the City approved a pro- posed amendment of the municipal code that would permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. 7. The property is 16,748 square feet or 77% of the required area. The property is consistent in area with 7 other developed lots within a total developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width and is approxi mately 5 feet short of the narrowest lots in the 33 lot Casco Circle neighborhood at 60 feet. 9. The Orono Planning Commission reviewed this application on November 18, 1985, and a majority of its members recommended approval of the variances as proposed based upon the following findings: ^ A) No available land - lots are developed on both sides of property. D) The property is served with sewer an«. water. C) A house and improvements can be constructed without the need for additional variances. D) By granting this variance there will be no negative effect on the public health, safety and welfare. E) By granting this variance it is consistent with the development of the area. F) By granting this variance there should be no need for future hardcover and setback variances. G) The special conditions applying to the parcel of land in question are peculiar to such property or immediately ad- joi.iing property. Pago 2 of 6 I u n City off ORONO RESOLUTION OF THE CITY COUNCIL NO.1904 r *r » ; , . - 4 — H) The conditions do not apply generally to other land or structures in the district in which said land is located. I) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. J) The granting of the proposed variances will not in anyway impair the health safety/ comfort/ morals/ or in any other respect by contrary to the intent of the Zoning Code. K) That the granting of such variances will not merely serve as a convenience to the applicant/ but is necessary to alleviate demonstrable hardship or difficulty. 10 This application is a renewal of variances granted on February 27, 1984/ and the findings stated in that approval resolution (No. 1607) were acceptable at that time and are still valid. 11. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the proposed variances on the health, safety and welfare of the community. 12. The City Council finds that the conditions existing on property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, bu^t is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Counci1 hereby •« ^ A _ _ _ _ _ _ _ _ _ _ _ _ 4 ^ ^foporf i6;748 square foot in area or 77% of the required 21,780 cnuare feet (1/2 acre) and with a lot width of 55 feet or j5% of the required 100 feet of lot width subject to the following conditions; 1. The detached garage located within the right-of-way ■'f Casco Circle is a non-conforming structure and subject to all pertinent municipal ordinances for non-conforming structures. Pago 3 of 6 0^ '* ♦ •• • •“» * ^ '^‘ •*.. . ity of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1904 3. Applicant is hereby adviser! ■M->a4- ™i,ht^not approve an. op^-.%^Hft“ conne^^tion feest^tnd^ pa'^k fee’^tt'^^the charge, sewer permit is issued. ^ that the building »unicipaTC^^ a"nTwa^'er^ inoT connection to the stubs to serve the""pro“perty: if requi^^a!”" installation of new the """a'besrre.'^u^^rro^^^^^ ITll: atapproved at this time. three standing willows is not litafh^^l'surler^ExMbit setbacks are approved per the not the*'app\\cant^’^but°are^^ variance run with the property by applica?Ior?or a Lildin/n/^"'l® "“=*= exercised of Council approval or th?,® ,f °ne year of the date (January 13, 198°r ' variance will expire on that date conditions of \his °’^aA'ance°sha M with any of the terms and zoning code, shall autnms4-i i i ^^®*^ftitute a violation of the herein, and shall be punishable Is rmisdemcanL?“‘'’°''“^ granted agrees to the'terms*^of^ this °^es*ol^ tead, understood and hereby his heirs, successors '^'=*’alf of himself, of this resolution in the chairif tmXl^thrp^oper?y!^^°''’""^ Page 4 of 6 1 p1n City of OK.OIMO B- 1 RESOLUTION OF THE CITY COUNCIL NO. 1904 /" -r-i Adopted by the Orono City Janifary, 1986. Council on this 13th day of .‘i ATTEST:A ________________________________________________________________________, ■ ■ rothy M.Tallin; City Clerk ^Property Owne Tim Adams r Acting Mayor r»y Owner /\ Page 5 of 6 rihMiliikiBilfri ■ f!' r %: '4 if- -: ;-v_ :4ft' Date Orono Council Members Michael P. Gaffron, Assistant Zoning Administrator December 3, 1985 Subject; #988 James E, Mertes. 3237 Casco Circle - Variance (Renewal) Zoning District - LR-IC (1/2 acre minimum area, 100' minimum width) Application - Renewal Lot Width/Lot Area Variance List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Resolution #1607, Dated February 27, 1984 Exhibit F - Minutes, Documents, Etc. Leading to Resolution #1607 Exhibit G - Planning Commission Minutes of 11/18/85 Variances Requested a) Lot Area - Required = 21,780 s.f. 80% Area = 17,424 s.f. Existing = 16,748 s.f. or 77% Variance = 5,032 s.f. or 23% b) Lot Width - Required = 100' 80% Width = 80' Existing = 55' Varia. ce = 45' or 45% This property was granted lot width and lot area variances in February 1984 per Resolution No. 1607 (attached). The variances expired at the end of one year and the owner, Douglas Smith, never submitted a completed and acceptable building permit application. Smith since then has had the property for sale and the current applicant, James E. Mertes, is applying for a renewal variance. This property (Lot 18) was originally owned in common with the two lots to the north (Lots 16 amd 17, which are now combined). As a result of th3 common ownership study the City changed its policy on common ownership lots in sewered zones, and based on the individual merits of Lot 18, the lot area and width variances were granted. A brief review of the issues, disregarding the previous common owner ship status, is as follows; 1. Lot Area is 16,748 s.f. or 77% of the required 21,780 s.f. (half acre ). 2, Lot width is 55' or 55% of the required 100' width. r • i Zoning File #988 December 3, 1985 Page 2 of 4 • ^ «« i/nr-iances to the hardcover limita- 3. The applicant is ^ 25% limitation. Note that the tion, and feels he ^^^Itted ^ previous applicant 40% \frdcovet, but was never 'rollowed up. Note showed aPPboxi'’aP®^y have to be fairly flo\e^to°thrroad“and/or the existing garage will have to be used. 4. The existing garage is n°n-con£orming in/h-^,tture"|anfA\“in Within the If the applicant was forced to remove rht%rreto a^slA^^ore 5. NO setback variances are requested for the new construction. 6. City water is in P*'® ^“J^atA^lines^were^Asta^ it was property, since at the time C y ^ 5590 water unit charge rsAfe"pird!^ln^d’’the^lU?t,lA%e Aetp°^ -r the connection to the City line. 7. City sewer is available on the ..TTl ever, the stub on Lot 18 was u^ed ^ ^ anticipating that Lot according to City A^new^^stub a^nd connection would have to be 18 would become ^ -.-o that the sewer unit charge for Lot ?r:Alfbc^A:sr?ir25 AnlAarunlt charge, .les^ e^Arbe*°Ac';fa-seV tl°SV"ii "pA per.it is not applied for by December 31, 1985.) The applicant has not provided a P-posed site plan, but is aware of the hardcover and setback limiiations of the lo . findings This application was reviewed as Zoning File No. 988. 4.^ -ic; located in the LR-IC Single Family La)ceshore The property is locatec m Residential Zoning District. 3. The property was i^^^XoTgh'^rgVv^wre?thTc'urrent owner? Douglas •fpr-I Zoning File #988 December 3, 1985 Page 3 of 4 4. Section 10.03/ subdivision 6 (A) (1) of the Municipal Zoning Code provides for development of lots of record held in separate ownership since prior to the effective date of the zoning regulation, provided a lot of record meets 80% of the required lot area and lot width and has municipal sewer available. 5. Prior to December 19, 1983, the City Council always required that when two or more lots were ov/ned in common# each lot must individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the requirements of the Zoning Code before the lots can be built upon. 6. Upon completion of a 6 month City-wide review of the common ownership issue, on December 19, 1983, the City approved a proposed amendment of the municipal code that would permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width and is approximately 5 5®?^ short of the narrowest lots in the 33 lot Casco Circle neighborhood at 60 feet. 9, No available land - lots are developed on both sides of property. 10. The property is served with sewer and water. 11. A house and improvements can be constructed without the need for additional variances. 12. By granting this variance there will be no negative effect on the public health, safety and welfare. 13. By granting this variance it is consistent with the development of the area. 14. By granting this variance there should be no need for future hardcover and setback variances. The special conditions applying to the parcel of land in question are peculiar to such property or immediately adjoining propertyr 16. The conditions do not apply generally to other land or structures in the district in which said land is located. 17 The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. r* y'« >3 Zoning File #988 December 3, 1985 Page 4 of 4 18. The granting of the proposed variances will not in any way impair the health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. 19. That the granting of such variances will not merely serve as a con venience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 20. This application is a renewal of variances granted on February 27, 1984, and the findings stated in the approval resolution (Resolution No. 1607) were acceptable at that time and are still valid. Staff recommends the following conditions are appropriate: 1. The detached garage located within the right-of-way of Casco Circle is a non-conforming structure and subject to all pertinent municipal ordinances for non-conforming structures. 2. The only variances granted with this approval are lot width and lot area. No other variances are granted. 3. Applicant is hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council might not approve any improvements to the property that require a variance. 4. Applicant shall pay the appropriate water unit charge, sewer connection fees, and park fee at the time that a building permit is issued. A resolution for approval is attached for Council's review Suggested Motion: approval of lot: area and lot width variances construct a residence on property located at 3237 Casco Circle p resolution drafted by staff. Motion: _ _ _ _ _ _ __— Seconded - - --- - - - Vote: For_ _Against _ _ _ _. e e [•ViT* i >•mtxt .s 1 mtT«i IS It ly separate exterior entry is acceptable but it should not appear as a second main entrance, and the primary functional access should be within the residence. d) Lot area is not necessarily a concern as long as: 1) Septic needs are met. 2) Parking reqquirements are handled. The concept that the guest apartment requires the lot to be double the zoning district's required area is not valid. e) Conditional Use Permit review process should address: 1) Septic 2) Parking 3) Exterior door/Entrance design (aesthetics) 4) Interior access (to make sure there is one) f) The inside mechanical set-up is not a concern; however, separate metering of utilities gvenerally will be disallowed. g) Staff will continue to treat permit requests for wet bars, basement "kitchenettes", etc. as before, notifying homeowner that guest apartment use requires a conditional use permit and rental use is prohibited. V [•fA l•»•1 [•[•TO [•[•TO PsltTO rs[«[«l Psl#Ts1 SHfl [•»«•[•! [•JfB •I^VAl [•[•TO f2T^^ m % h- ;‘m ■ . i .k.y /P[Ifi/i LEGAL UEJCKIP-I ION: U>ts 2 imi S, Block 1, Ai>LliU>N, •iccordinii to the i-ecotded plat ttiereot. Ht^nttepiu CouriLy, Mtnimsota. ‘ % ■ - S '■ • UenotAK iron eionunent 9^— Denotes overhead poaer tines —s*i Denotes esistirq contour line Denotes existing spot elevation ProjKisad Lot 1 - 104,517 sq. tt. Proposed Lot 2 - 95,044 sq. ft Ptopusod Lot 3 - 95,044 3q. ft Ptoixised lx>t 4 - 9'j,>)44 sq. ft PropoSf J Lot ^ - '>3,'^04 sq. U Piu(K)Stni Lot f> - ’05,625 sc|. ft 2.40 Acres 2.18 Acres 2.18 Acres 2.1 8 Acn s 2.16 Acres 2.4J Acios DLVEL<JPLK; Michael J. HiIbeiink 1020 Murth Brown Koad Long Lalte, MN 55156 PAN. DCsIONED 1 n/nlu ulnJs^ Mfvsy, Mw m raport pf«p*««S »p •• ',i«ton «nS th«i t •• 0 4ttlr N««UI*r*« S«m et MiAKStola.ALL-METRO LAND SURVEYORS PRELIMINARY PLAT r ^ 50' BOOK imcE _ 1 1 48 2340 Doniels Street, Lonq Lake. Minnesoto 55356 Ph: 475-1433 PETERMAN 2ND ADDITION fiLt **C 84.084. D 5MtrT ToT PREPARED FOR: MICHAEL J. HILBELINK