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Home My WebLink About10-19-1987 Planning PacketPLANNING OOMMISSION MEETING MONDAY, OCTOBER 19, 1987 7:00 P.M. 1275 BROWN ROAD SOOTH - OOONCIL CHAMBERS COUNCIL REPRESENTATIVE - Bill Sime ATTENDANCE PUBLIC HEARINGS 1.7:00 P.M.#1203 John Lehmeyer, 320/350 Crestview Avenue Subdivision of a Lot Line Rearrangement 2.7:15 P.M. #1212 Paul Boyke, 793/795 North Ferndale Road Subdivision of a Lot Line Rearrangement 3.7:30 P.M. #1214 Richard Ziminski, 1095 North Brown Road Preliminary Subdivision ACTION ITEMS 4.# 643 Bruce Curtis, 1920 Eagerness Point Road - Reconsideration of Variance Application 5.# 984 Joe Sawchuck, 4105 Watertown Road - Variance - Continuation of Public Hearing 6.#1168 7.#1169 Richard G. Helstrom, 2895 Casco Point Road - Variances - Continuation of Public Hearing Wear Partnership Enterprises, Old Crystal Bay Road and Watertown Road - Class III Subdivision - Preliminary Subdivision - Second Review 7.#1199 Richard & Gay Kelly, 425 Oxford Road - Variance - Continuation of Public Hearing 9.#1204 Orono Community Church, 770 Old Crystal Bay Road Revised Commercial Site Plan Review 10.#1205 Robert Maxfield, 4175 North Shore Drive - Renewal Variances - Public Hearing 11.#1206 Katherine C. Perry, 2693 Kelly Avenue - Variances - Public Hearing 12.#1207 Gene & Catherine Scanlon, 2815 Casco Point Road Variances - Public Hearing 13.#1208 Michael Saylor, 1990 Spates Avenue - Variances - Public Hearing 14.#1209 Tina White, 2150 Prospect Avenue - Variance - Public Hearing 15.#1210 Charles Jones, 3129 Casco Circle - Conditional Use Permit - Public Hearing PLANNING COMMISSION f MONDAY, OCTOBER 19, 1987 STING 7:00 P.M ACTION ITB4S CONTINUED 16. 11211 Gerald Neslund, 1225 Orono Oaks Drive - Conditional Use Permit/Variance Public Hearing 17. #1213 Rollin Lacy, 2655 North Shore Drive - Variances - Public Hearing 18. #1215 Smith Bay Marina, 1955 Shoreline Drive - Conditional Use Permit - Public ;• earing 19. #1216 Clark Winslow, 1595 Bohn's Point Road - Conditional Use Permit/Variance - Public Hearing ADDITIONAL ITEMS 20. Approval of 1988 calendar. 21. Planning Commission approval of September 21, 1987 minutes. 22. Planning Commission to select a representative to attend the November 9, 1987 Council meeting. ADJOUR] I ^ r Me. PUBLIC ATTENDANCE CI1?Y OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS NAME (please print)ADDRESS NAME OR NUMBER __Lehirt^^riP ______ OCt'^JVinZ' /^u/^ / 3. ^SH ^sa!c.-j m. 1/icy S' V“ /Uc' /C n/ (:.n 4. Or'iU _______/d 1'^ L {}^">.v 1% r-’V Tty dUA-i / ; 3 ^ ^rAi. /V. ^ .!L^ 5. ^Vv! l\Jchi\t,0 /I x ^tVlU Lu.(y^ t^r\ff llb ‘1' 6. 1 K 7o<2: Pit!' 7. ^J4a . —r ^---------------- 8 tjUi ^1 tClOM.Ji^ //79 - 1f V '1 ^ ----------- 1 ^ 1 10. Z/J^OO</cyyrunh', f/rC/t.9^/:■< /-) 11._ I4i! 3,// /.a/.r 12. ./ ^• 13. 14. • • 15. 16. 17. 18. 19. 20. ............. • t ' •) I ..fr. •VT I r I To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Frtaai Michael P. Gaffron, Asst Planning & Zoning Administrator Date:October 14, 1987 Subject: #1203 John Lehmeyer & Rose Madden, 320/350 Crestview Avenue Subdivision of a Lot Line Rearrangement - Public Hearing Application “ Revise boundary between the two properties in question. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Application Plat Map Property Owners List Survey Including Staff Notations Pertinent Pacts - 1. Hr. Lehmeyer is proposing to acquire a 40 foot portion of Mrs. Madd^en's property, thereby siightly increasing the size of his lot and slightly decreasing her lot size as follows; Lehmeyer: Existing = 0.43 acre Proposed =* Add 0.12 acre Final ® .55 acre Madden; Existing = 0.56 acre Proposed = Less 0.12 acre Final * 0.44 acre 2. The location of wells on the subject properties would eliminate potential septic system use of the 40' strip, therefore neither property will gain or benefit potential future septic system expansion area. Note also that these properties are within the Stubbs Bay Sewer Study Area and if that project was to come to fruition, both properties would be served with municipal sanitary sewer. 3. The proposed dividing line gives the Madden existing garage an 11.0 side setback, meeting the 10' minimum side setback requirement for that structure. Staff would note that if that existing garage were to be backs. in that respect, this division does somewhat limit the future development potential for the Madden property. line thereby becoming more conforming since it previously had on y a side setback. « Zoning Pile #1203 October 14, 1987 Page 2 of 2 5. The proposed subdivision would appear to not have any effect on neighboring properties. Staff Recoomendation ~ Given that the sale of the 40' strip of Madden's property to Lehmeyer would leave Madden's lot no smaller than Lehmeyer's lot was originally, the proposed lot line rearrangement would not increase the actual or visual density of development within the neighborhood. Given also that the proposed division will not affect the potential septic sites for either property, staff recommends approval of this metes and bounds subdivision of a lot line rearrangement, subject to submittal of a final survey for Council review that describes the parcel to be exchanged as a separate legal description per the attached sketch. At the completion of the subdivision, Lehmeyer would be required to legally combino Parcels A & B. ; * I CITY OP ORONO SUBDIVISION APPLICATION FORM /• ' V. v/ \U ivf p Date By, Rec'd yi A 9- .-3 -? 7 Fee Rec'd / APPLICANT Name /'ni I) 11 ' r V r / / Telephone --/ Mailing Address L y ^ / L. / ^ c .• 0 • * PROPERTY Name U ' ~ ^/ w /’ i OWNER Telephone - . -■ •• t ./ .:' / Mailing Address "3^0 U/r"uJ /4 (Attach list if more than one) K/^/T^ ^ iTin SS39^ PROPERTY LOCATION Street Address 3 f) l2 <T^ X ill Pu ) X! OC.____________ Property Identification No. (P.I.D.) /O^T- f I ~7 ~.0 ^ ^ (^,(1 (/7 Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels _ Development Size Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check)\^Reiiderrtjral; no. of units Other (specify) __________■ * IJ Present Zoning District L- I A L JL t t t'» PROPOSAL Division for Tax Purposes office 13CO200000 a ---------------------------------------- CHECK TL 200.00 KFQEIHT-lHAKK YOULot Line Rearrangement Only (no new building,. Si^teSj;J)< 7‘J{5;52 ‘ 09/02/S7Subdivision for New Building Sites Number of Building Sites:Existing Units New Units Total Units Proposed Gross Density Minimum Lot Size: o Units per / Acres Square Feet Dry Buildable Land Proposed Use: (check)Residential' Other (specify) (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1.) Application Completed Preliminary Plat information on Certificate of Survey. 'l.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 _ _ _ _ _ _ _ _ _ mm mm mm mm mm mm mm mm mm mm mm mm mm ^m mm mm mm mm mm mm mm^ mm mm mtm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm ^ mm mm 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^ MINIMUM MATERIAL NECESSARY FOR COMPLETE PINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar conies 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 SkeVch Plan Review (Class I, II & III)$150.00 Preliminary Review (Class I & II Subdivisions) r$250.00 V Preliminary Review (Class III and all non-residential) Final Plat Review (Class III) ♦(Plus any legal or engineering charges) $300.00 plus 20.00/lot $150.00* Applicant has read the above 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. I. <V /Applicant's Signature ^~n 1 ^ - ( /^I : Owner's Signature A" , y) ! tl ^ < u Date '7 '/ 7 Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. 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Gaffron, Asst Planning & Zoning Administrator Date:October 15, 1987 Subject: #1212 Paul Boyke, 793/795 North Ferndale Road - Subdivision of a Lot Line Rearrangement - Public Hearing (Note: Applicants are out of town and will not be present but rea«'.est Planning Commission review of this application.) Application - Subdivision of a lot line rearrangement to accommodate existing driveway location. List of Exhibits Exhibit A - Application Exhibit B - Plat Map (See Exhibit G) Exhibit C - Property Owners List Exhibit D - Survey With Proposed Division Exhibit E - Applicant's Letter of Request Exhibit F - Photos of the Area Exhibit G - Plat Map of Surrounding Neighborhood Showing General Pattern of Development Exhibit H - Staff Sketches of Various Options to Accomplish Applicant's Purpose While Maintaining the Frontage For Lot 2 Exhibit I - Sketch of Tree and Driveway Locations (Survey to be Provided Monday) Pertinent Facts - 1. Applicant found in creating the driveway to serve Lot 1, Block 1 that in order to save trees which exist on Outlot A as a buffer, his new driveway would have to be located north of Outlot A. In order to sell Lot 2 with the existing house without the need for a driveway easement, applicant is proposing to add a portion of property north of Outlot A and north of the flag portion of Lot 1, to Lot 1 as shown on Exhibit D. 2. Staff would note that under applicant's proposed scheme. Lot 2 will no longer abut Outlot A and will not have frontage on property dedicated for future roadway. Staff suggests that there are other potential methods to accomplish applicant's needs which are: 1) Gain additional acreage for Lot 1; and 2) Place the driveway serving Lot 1 entirely within Lot 1 and/ or within Outlot A and not on Lot 2. Exhibit H-1 shows a scheme whereby Outlot A is extended an additional 35' to the north and becomes a total 60' corridor until the mid point of the cul-de-sac. The 60' corridor then becomes part of Lot 1 as it moves westerly. Applicant suggests that while this would be feasible it does not accomplish his purpose of increasing the acreage for Lot 1 as much as possible. Zoning File #1212 October 15, 1987 Page 2 of 2 Exhibit H-2 indicates another option whereby Lot 2 maintains a small portion of frontage, perhaps 30', on the outlet which would be similar to the frontage Lot 1 currently has, with a strip along the outlet being kept within the boundaries of Lot 1. The applicant feels this would be a suitable compromise that accomplishes his purpose, while maintaining some amount of frontage on the road for Lot 2, 3. Each of Lots 1 and 2, under any of the schemes shown, will maintain in excess of the 2 acre minimum lot area requirement. Both primary and alternate septic sites on Lot 2 will be preserved under any of the schemes shown. Discussion -* Applicant notes that he early-on discussed with the current owners of the lots to the south, the location of his driveway in relation to the potential driveways properties to the south served by the other half of the road and cul-de-sac outlet. Applicant notes that he has discussed the potential sharing of his driveway with the two properties immediately to the south. Neighbor Ron MacLeod (house just south of the road outlets) obviously would prefer all 3 properties to use applicant's driveway north of the tree line, which will maintain the buffer currently existing. The owners of the two vacant lots have not come to an agreement with applicant on use of his driveway. Please review the photos and diagram of the driveway layout (Exhibit I). Applicant's surveyor will be providing a survey showing the exact as- built driveway location. Staff would suggest that the layout of Exhibit H-1 would be most appropriate in accomplishing the City's standards for maintaining a 200' minimum width for Lot 2. Exhibit H-2 would in essence trade the frontage of Lot 2 for more frontage on Lot 1, creating a flag shaped Lot 2 that fronts on the road outlot, and an odd shaped Lot 1. Staff Reccxnmendation - Staff feels that increasing the size of the outlot per Exhibit H-1 in most appropriate and results in an increase in Lot I's frontage on a roadway, requiring less of a variance while maintaining the required frontage for Lot 2. The scheme of Exhibit H-2 seem potentially acceptable (if not very unusual) and does not create a new outlot parcel. Both layouts H-1 and H-2 should be feasible by metes and boundc description as long as the County Torrens Office will accept the descriptions. In Scheme H-1, the separate new outlot portion would be expected to be covered under the same covenants, etc. as Outlot A. r 41 i fr J-010 A'ly CITY OF ORONO SUBDIVISION APPLIC/vTION FORM Dat 2 Rec'd By. Fee Rec'd />*-r yo ^ A/p^yeP- j APPLICANT Name JL (\J. ^L ^ Telephone ^A75" '^'7^ Mailing Address • //■ a >) / PROPERTY Name OWNER Telephone Mailing Address (Attach list if more than one) PROPERTY LOCATION Street Address /Ch /J. . / Property Identification No. (P.I.D.) Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels •TP Development Size Acres Dry Land Acres Wet Land Acres Totals all parcels Present Use (check)Residential; no. of units Other (specify) _ _ _ _ _ _ I f L'l• / r Present Zoning District Fm^CE OFFICE 1350200000 it ►u-cr-'.iL WF V • V V PROPOSAL Division for Tax Purposes 250.VO \-X L't.fT JfeT.V 11 RECEIFT-THt^K YOU Lot Line Rearrangement Only (no new buildin^;«lx«sj^j •'if '' "^,'97Subdivision for New Building Sites ^ t Number of Building Sites:.1 Existing Units New Units Total Units Proposed Gross Density Units per Acres Minimum Lot Size:Square Foot Dry Buildable Land Proposed Use: (check)/Residential Other (specify) (OVER) r MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION ( 1 .^Application Completed ^^^_eliminarv- -- • '- -“ '2. ^^^eliminary^'Pi^ 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') to/LL_ OA— ^ 4 ^ ^tamped / legal sized envelopes (#10) pre-addressed to each of the names on the '^-'—-'^bove list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ Date - - - -- - - 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 Plac Application is comple Zoning Officials Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date - -- - - - - - FEES Sketch Plan Review (Class S, II & III)$150.00 '/ Preliminary Review (Class 1 & II Subdivisions) ( $250.00 / ^ - - - - - - - - - - - - - - Preliminary Review (Class III and all non-residential) Final Plat Review (Class IIJI) *(Plus any legal or engineerring charges) $300.00 plus 20.00/lot $150.00* Applicant has read the above and hereby agru:::- <.o provide all information required or requested by the Zoning Administrator, Ci:: Engineer, City Attorney, Planning Commission and Council necessary to proces;:. this application and further agrees to pay all additional foes established ib • c 'dinance. Applicant's Signat4ar Owner's Signatur Date Date Applicant must have all "^submittals into "tuu City offices 25 Planning Commission Meeting. Planning Coi.i-J -.ston Meetings are usually hold on the third Monday of eacn month. H p -n E X ^ B u pa U 3 90 » ri H > oo Oio» o rs> o y4' I H o g |x§i fn ► S ^ 09 1 I o- fc> m Z o m 9t n O 3w AJ w O 3 90 n #fiA# n«li^s rv> c/i 0) o M o H H o Oi l^ ngguijj. A^'Y (A rs> (/I o) o ^ > O H H O S^s|5i» *" S ^ “s^gS? g^riSD: ^£r; 5^ o » I i S^SSSiS» i> g §‘"5^2!Swggwta o o «5*3?X 2 r tj .'»Ol M > M t W vn r- __ r. c» w f- t: V _ w o b M r* oii’-s TJm » r» a i ■o*^ g§(W • MM rvj t4 »o> f1 To:Orono City Council From: Date: Paul and Virginia Boyke October 14, 1987 Thfj reasons for the request to add a 30.35 foot width to the Iflag portion of our lot number ^ are as follows: (1) We moved our driveway to the north of the 25-foot flag portion of lot number X if' order to preserve the trees which separate our neighbor to the south, Ron McLeod and us. If we had not done this, our road would have been closer to his home and would have necessitated removing his privacy barrier (these trees). (See photos.) (2) 795 Ferndale home already has a driveway which gives it access to outlot J and really doesn't need to access outlet A. (3) We were not aware until after the fact that agreeing toI outlot A would decrease from the square footage of lot X* We want to increase the square footage of this lot to close to what it was originally so that there is some flexibility in the future ( to sub-divide lot number if we so desire. 'M ‘^S'Iid m m J’r/\ t >yTj4f . f'l' M ‘ r- . « , »I M lifi-::J liii.#’’T' iL^ m;fv%j iiS® ‘ • *7 "r-; r * .*' > • V—• i■B'-Tf< ^ -' Pt- [..#j fFTLCi- .-Jj ,/K .-f;. ;' ■ -^t}^. ii- .i -^*5^ -• ' -'.u -tk^' ' ‘ .¥ K/l "n “n -mo 3 O > UDs — 3 •— -OS (T l/> - o f— o - O; S 3 3 C3 : CL m • rsw • ^ ^ c • K 3 o s ^< oo • "3 to Oj 3a. o> 13 3o to oo 7^t:ooo uo X) ooo CO zr o to oc fH- 3* 3o-so 3 ro o • oo --hn>o C-t- 3o oc zco 3 3o ■O o <-f to s Ii -u oa> to o Qo I— O CD O ^ ro rr 3 0^. ^0-= 2 - < ^ 00 — 2- O to *-• t< 5 > n> 3 O d to PDo > rt s QJ Sm o 3 Xooo CO M w * m o 13 o CO -n 7Th> o rt> - O yO I— o Oj z; =3 C3 Q. m >D » s c ^ < ov: o -*1 u> Oi a CJ o o o n l/> ■ox> o r^ cn S - ? 3 0, O •o Q. "^O__ Ol t/1 3 '^E.S. o O 00 c ^ 13 O rt O ^ 7T Qo r- o O rf 3 O 3 r- 3 >n> c: to 70 0 2L 01 zsz m < 00 O t/> ^ *— 7T O 0) 3 O o o o CO K |ss3 i>: ‘W --- I HX3 o \A Xa> 3 3 Q>rr> 3 •u 3 O•o *m r> Q il. ^ Q> Ul 3 S O C3 O 5 o S"" S- 2.5 - < ^ C3 — 3 - O U1 — v< M-. 5 [T o5 > rD 3 <3 CZ oo 70 O > cH- 2 Cj 2m O 3 r:ooo CO ^ssscs^ D0 K) J 3 To: From: Date: Planning Conunission Chairman Kelley & Commission Members City Administrator Bernhardson Jeanne A, Mabusth, Building & Zoning Administrator October 12, 1987 Subject: #1214 Richard & Karen Ziminski, 1095 Brown Road North Preliminary Subdivision - Public Hearing Zoning District - RR-IB Total Area - 6.2 acres 4.7 acres 1.5 acres of dedicated road right-of-way Application - Subdivision - plat - 2 lots List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Septic Inventory Mapping Exhibit E - Preliminary Plan The applicants propose the division of their homestead totaling 6.2 acres. 1.5 acres will be dedicated as County and City road right-of-way. The gerrymandered lot line results from the presumed location of the existing drainfield that serves the existing residence (review Exhibit D). The exact location of the drainfield has not been confirmed for this review and as a result staff cannot confirm that system is located within the defined lot line. The proposed lots meet the required 200 feet width at the rear of the front yard setback line. Septic testing confirms principal and alternate sites for Lot 2 and an alterante site for Lot 1. Accesses exist and have been previously approved by both County and the City. Hennepin County Highway Department has been asked to comment on the plat, staff will report at the meeting. The County may ask for the closing of the County access and sharing of the access at North Brown Road. Staff RecOTimendation - Staff would recommend that your approval of this 2 lot plat application be conditioned on applicant submitting confirmation of exact location of existing drainfield within proposed Lot 1 prior to scheduling the application for Council's review. If a major adjustment of the shared lot line is required, staff will reschedule the subdivision before the Planning Commission. The following conditions are also suggested for approval of the division; 1. Payment of a park fee for Lot 2 at $200.00. 2. Approval of accesses (pending determination of Hennepin County Highway Department); a) Individual access per existing curb cuts; OR b) Shared access at Drown Road - Lot 2 to grant access easement in favor of Lot 1. V' CITY OF ORONO C- . n t •; I i:ri /' i »Date Rec'd By JL.^ Fee Rec'd SUBDIVISION APPLICATION FORM APPLICANT Name RiCxtAg-p ^ |.^Ar2_EKi Telephone -03 7?? Mailing Address ^QlJa J n). i uA^K^ Ma J \ ' » Telephone 4"?^~Q3PROPERTY Name >CMflg.Ti yif^A\AJ^tl OWNER Mailing Address \Ol^R(?QcJA) f^~b. fJ. LQk/Cr L.Ak£^AJ *£~b'~3 iT4j (Attach list if more than one) ' PROPERTY LOCATION Street Address fig,Qu^A; /J., i QKir> i JWdb^AAA/ 5‘^3'T^ Property Identification No. (P.I.D.)£^~7 lit^ 3l Qr>C^^ Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels \ / ^ Development Size Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check)Residential; no. of units Other (specify) _ _ _ _ _ Present Zoning District R \ PROPOSAL Division for Tax Purposes CITY OF ORO^^Oz-y\!/-f>rr nccfrc . ^ M «... 1.'/ t iWfWLot Line Rearrangement Only (no new buildinjfrrait^s^ | Subdivision for Nev; Building Sites Number of Building Sites: / 01 Otti 150.00 CHECK TL 150.00 Existing Units RECEIPT-1HHKK YCU New Units 0020B10 COOl ROl T15:50 Total Units 09/25/S 7 Proposed Gross Density Units per Acres Minimum Lot Size:E 7. /2 Q Square Feet Dry Buildable Land Proposed Use: (check)v/Residential Other (specify) MINIMON 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 •ibove list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ _ _ _ _ J. rt•< '^2. MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing feer 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) Preliminary Review (Class III and all non-residential) Final Plat Review (Class III) ♦(Plus any legal or engineering charges) $150.00 Preliminary Review (Class I & II Subdivisions) $250.00 $300.00 plus 20.00/lot $150.00* Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. 1Applicant's Sionature^^jt:^ ^,. Owner's Siqnature^J;!^^..-# • Date 0 y Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. r I H o 3 3 u m TJm > ;a \ -< > ► m z o o xs > a a z XI X3 m CT > H S w § oo vn oS i 7:m 3 O Mr> n o X CSJ n? §*" 55 =^2!g 0» O r> > o r\9 X V M U1 VI04s Xo >a 5 S S m o I 5CSC5mg M aS XIa IV» Z o o H O H > a > Hn X oovn ooo fS?o cr>a / ; .'<9 # J o V M a zm o3m • TJ M <0 u o / " / ' \ \ / y'./ ■ 1 JM -a Q 1. :■i /I ' / A.<.« V- 7/__I_jCj 9 M 8 .i.«''_,?:./ \ i J BonesUoo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612636'4600 Engineers & Architects Olio C. Bommroo. P E. kobtri W. iraM. P.E Juatpk C. AmOrHrk, P.t. a^eU/onl A. Lembers. P.t, Attkore E. Termer, P.E. Semm C. Obm. PM. October 13, 1987 City of Orono Box 66 Crystal Bay, MN 55323 C/r«w K. r«i4. Pt. k.UhA Ihomm t Num, H t. Huherd W ^oiur. F t MobtfiC Sthunuhi. PE. hier*m L. Sonole. P.E. Dooetd C. Bofgerdi. P.E. Jeny A. Bo ttdun. P.E, Mark A Henxon. PE. TeJE ttHd, P E MuboH T. Aauimana, P £ Hubttt A FJrJJrrlt.p t UartdO LuUuia. P E Tkotrm W. Pntfum, P t. MnbmH C. Lymb. P.t. Eartn L. Adtu. P E. Jemn A MMemd. P E Ermmk P Amkrutn. P £ krub A Ambmeaa. P.E. Murk A Aoi/%. PE. Aubert C Aiatek. A t A Tbomui E. Angui. P.t. Sunt L Y$tmng, F t. Churtn A trakhua LroM FumrLk* Harlan M. O...on Suiaa M. EbtrUa Attn: Jeanne Mabusth Re: 139-1214 Richard D. Ziminski Dear Jeanne: We have reviewed the subdivision proposed by Richard D. Ziminski. The access to Lot 1 will be from Co. Rd. 6 and the access to Lot 2 will be from North Brown Road. We would recommend that the Driveway area on Lot 1, east of the house, as well as the Driveway area on Lot 2 be removed and seeded or sodded. If you have any questions, please contact this office. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:ci 7223c To: From: Date: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusthr Building 6 Zoning Administrator October 14, 1987 Subject: #643 Mrs. Camille Curtiss, 1920 Fagerness Point Road - Reconsideration of Variance Application Approved 9/14/81 - Second Review Recap of September 21, 1987 Meeting - The Planning Commission advised the applicant that they would recommend that turnaround be provided because of the safety factor and that staff should work with applicant because of need to place turnaround in portions of unused right-of-way of Fagerness Point Road. Planning Commission would act on question of fence as soon as the applicant's property lines are defined and staked. Current Review - The applicant has failed to authorize their surveyor to stake property line adjacent to the street. Staff contacted the surveyor's office and was advised that field crews were ordered off site and not to proceed with their assignment. It is staff's opinion that the fence is located within the right-of- way based on original survey and information submitted by applicant during the first review in 1981. If applicant is to install a conforming fence in the future, the fence must be located within the boundaries of the subject propel . Staff Reconsnendation - To recommend to the Council that a turnaround be provided for safety considerations per directive of the Orono Council o. September 14, 1981 and to recommend that the non-conforming 6 feet privacy fence be removed from either the right-of-way or the applicant's street yard, and that, if applicant wishes to install a conforming 2H feet fence, such fence must be installed within the certified boundary lines of the subject property and out of the lakeshore otected area (0-75'). ZONING PILE NO.643 CITY OP ORONO P.O. Box 66 Crystal Bay, MN NOTICE OP PLANNING COMMISSION ACTION 55323 473-7357 Date of Notice: 9/23/87 TO: Mrs. Camille Curtiss 1920 Eagerness Point Road Wayzata, MN 55391 TYPE OP APPLICATION: XX Variance COPIES TO DATE OP MEETING:9/21/87 VOTE: 6 For Against Planning Commission recommends the following XX Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission conceptually reviewed your previous variance application and advised that they would recommend that the turnaround be installed on the prope rty as required by the Council in 1981. They have asked that both staff and applicant work on the determination of the actual right-of-way of Eagerness Point Road. No structures can be located in the road right-of-way. Planning Commissior will make a formal recommend«:tion on the fence at their October meeting. I have enclosed the exhibits referenced at the Planning Commission meeting for your records. Contact my office at your earliest convenience so that we may resolve the issue of the location of the road right-of-way in regard to your street yard improvements. Applicant's next scheduled meeting is confirmed as: Planning Commission October 19, 1987; meeting starts at 7:00 p.m. MINUTES OF THE PLANNING COMMISSION HBETIHC HELD SEPTEMBER 21, 1987 #1201 hilbelink Aogt continued In response to Bellows' concern. Zoning Administrator Mabusth stated that the City Engineer and MCWD will be reviewing the actual defined wetland area. /|643 ktOCE & CAMILLE CURTISS \1920y^AGERNESS POINT ROAD RECONSIDERATION OF VARIANCE APPLICATION Zoning Administrator Mabusth explained the issues involved: 1) Providing a turn-around required as a condition for variances approved by Council on 9/14/'.<l; b) allowing a 6' privacy fence that was constructed without Council approval and according to staff partially in the City right-of-way. Camille Curtiss was present for this matter and contended that they have no objection to installing the turn-around but believed that the City was opposed to the turn-around because it would result in more hardcover. Planning Commission and staff noted that baaed on the documentation from 1981 provided, the turn-around was required. Planning Commission recommended and Mrs. Curtiss agreed to installing the turn-around. «<agarding the remaining issue of the fence, Mrs. Curtiss stated she was unaware that an additional permit was required for the fence and questioned that the fence was partially in the right-of-way. She noted that no further construction has been done on the fence since the City’s stop work order posted 9/11/86, but it is essentially completed. She submitted a petition from her neighbors stating they have no objection to the fence. She stated that the fence is needed for the safety of children. Zoniiig Administrator Mabusth noted that in the 1981 review, the narrow depth of the lot and minimal grassed yard area was discussed. There was no discussion of a fence found in the review of that application but it is applicable in the application for reconsideration. Chairman Kelley suggested that a shorter than 6 ’ fence could serve the safety and privacy concerns. It was moved by Chairman Kelley, coconded by Hanson, to table this matter pending an official survey to determine proper fence location. Motion, Ayes 6, Nays 0. II M.-r'T'it ~~ --------------- Iconstructed^ blictTtonhe pr^ic3Ffei^e^f5caf^<l«i^ tISMlT;hT^C1 tyTof all 6w TamTen^vW^fOTrnX’S^? ^zyf/. z^ici-^ i<-£^ (Pc/. //,/'?S7 A _______ ^^.yct , y2^C'^v<^^ j ,2-^ tiJ<f-<.- W c^^?^✓ ~Z^^__' ^ / ^ /< • < «r. —r___ ,/< -*-_________________ f.€yC /^>/^»-—< (2/'^^^'^ ^ ^.jLzJ^. ry^ AA^ /^y^/c<. 0~<^^ ‘ y/< ^yAc^ y t/CAA y.K4 <. ryy,t,r. <.— ^C-<C.-e^ . Ac-~e.‘-<— y ^ ^ ^ H__>l<* ^'^ <.^ <*^^ __,^<-C. Lr' <'’£-*e-/ilv'Iy yi-c.’t^ •» / /^ yr-^ yy <cvf < <- ^'tt-t^CCAy yzCAc^ t uy ( yA'-^ '-c yuJ\A> c/PeC'. / A2y/^<i-<^A Al^ i y^--' ^'A:'\ t"'<.y y' y/ / 7 Jf y 1 ■» /,y><3r^c^ ^v'r . % To: From: Date: Subject: Planning Commission Chairman Kelley & Commission Members City Administrator Bernhardson Michael P. Cdi.fron, Asst Planning & Zoning Administrator October 13, 1987 #984 Joe Sawchuck, 4105 Watertown Road - Variance - Continuation of Public Hearing (neighboring property owners have been notified of this continued hearing) Appl^ucation - Request for side setback variances to contruct a horse barn and storage shed structure. Zoning District - RR-IA, 5-acres List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Submitted by Applicant Exhibit E - Memo and Exhibits of 10/15/85 Exhibit F - Planning Commission Minutes of 10/21/87 Exhibit G - Survey With Staff Sketch of Approximate Neighboring House Locations Pertinent Facts - Property Area = approximately 8 acres Lot Width = approximately 260' Proposed Barn Location Site #A to the southeast = 37' side setback (2 other proposed barn locations appear to be within 10-30' of west or east side lot lines) Required Horse Barn Setback = 75' from the nearest lot line and 150' from the nearest adjacent residence Each of locations A, B, and C are less than 75' from the lot line but all of them would appear to meet the 150' setback from adjacent residences . Discussion - Applicant has not discussed reasons why the animal housing structure cannot be located at least 75' from the side lot lines. The lot width of 260' would leave an area of about 110' in width down the center of the property that would seem to be usable for a barn without the need for a variance at all. Planning Commission should request that the applicant describe his justification and hardship for locating the proposed barn close to a lot line. Zoning File #984 October 13, 1987 Page 2 of 2 Staff Recoamendation - Absent any adequate justification for a side setback variance, staff would recommend that the 75' side setback be adhered to. However, if the applicant can justify and has good reasons for locating the barn less than the 75' required. Planning Commission may wish to approve a side setback variance. Staff would recommend that at a minimum no accessory structure (including a barn) be located less than 10' from the side lot line, and would note that within this zoning district a primary residential structure would have to be at least 50' from a side lot line. Note also that the proposed barn of dimensions 40'x50', is within the guidelines for a "barn, stable, or greenhouse" which are accessory structures allowed to be in excess of 1,000 s.f. in area. Applicant is suggesting that this is to be a barn and storage shed and it would perhaps be appropriate to address the types of uses for which this barn/storage shed is intended. ClXif OF ORONO - VARIANCE APPLICATION ^ lSt> OoLAji'OA^y>^QJl 'Initial Application Fet $150.00 ($50.00 per each additional project) After-the-Fact Fees (Double application fee) mm mm mm mm "m mm mm mm mm mm mm mm ^m mm mm mm mm mm mm mm mm mm m* mm mm mm mm mm mm m mm ^m mm mm mm mm mm mm mm mm ^m ^m mm mm mm mm mm mm mm ^m mm mm mm ^m mm mm mm mm mm mm mm mm mm mm mmm PROPERTY LOCATION Site Address •-jU)^ iaJATC>^'~rau/jJ (? Q /))ftPLH PL/)iO Property Identification Number (P.I.D.) H~7loO QCO^ Please chec)c one — Is the property ^ abstract or torrens? Please attach legal description to application if not included on required survey. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ APPLICANT Name Ml >><L-Phone HIS '/oo { Mailing Address nouL>A^ f^Si . /)'\(\P lS ? OWNER Name ZTvfi ^AuOC )/oKL Phone ] Mailing Address HloC LUy\Tc^tl i'y /Vl/?P4£ PL/3//J /M> Date Property Acquired /W7 U>_____<iE~PT (month/year) I (do) (Tdo no^ also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District Present Use of Property W 0 Residential Other (specify) DESCRIPT:.0N op request Estimated Construction Cost $ Describe request in detail: i-?/,.) Sfii^CO VARIANCES REQUIRED ('2 A ttSLot Area Sctbac)c Variances ( Other Lot Width Front y Side Hardcover Rear) (OVER? HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: _ _ _ _T'o <, c'b(\c kr _ _ _ _ _ _/3^o'± _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS ^ • *7 Describe unusual property conditions preventing compliance with Zoning Code Requirements: _ _ S A C REQUIRED SUBMITTALS .1. Completed Application Form. Certified Property Owners List of owners within 150 * (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) Z' /3 . Stamped/ legal sized envelopes (#10 ) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. ^ Plat Map. The Applicant and Properry Owner must sign this lication. Please remember that your variance application is not complete if the above information har> 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 pf-xhis/her knowledae. r I fj n Applicant's signature - - OWNERS SIGNATURE 7 Date The owner hereby acknowledges 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 investigation and verification of this request. Owner's signature Date 2.5 " Applicant must have all .submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. of Miww. >)1 > Hn >> X 3 tJ m > \ •< m o X3 o » '?3O m TB ;□ ►z o > a 3 JI m /■ 3H C05 o o W1 oooo o > O O » M ni -n m T3 n3 » m • cn M r H o> n *n 1 IM2 X -n CO H Tl m z m m -<>n M o 3 01 m m > z;!§3 |T1 > 7) X -<> m Z O o :a > a2 ^ 30 m 3 3 O 14 i-l »H ^ 09n n ►- X 2> > 01 04mm *-• H o 3 T3 m > s. -<► m O :o a ao X) 3 O■o ga;a / H O 3z > r :3> X 2 o3 -0 m xj m > XJ \ -4 >> m Z O o X3 > aO 3 XJ X3 m 00 > o 2 oo Ml Xf§ o ►HIm o 4> XfV» N.,0»Ml / T3 m §S*om 01 X3 > O H Z O m X3 > a u o > z or- m oo o14 Mloi04Ml ^2 • • o X3 O a o Ml Ml04 Ml Ooo Ml / / 3 H 14 3 X^m PP o 14 5 X-o O O 04 H Ml 2 0»>o >i>09 c m m x» 09r*O O 3 TJ o XI 0*o •n r—r— o 01 o 3 r-Ml r-o f-o a CJ X*>>04 m H4 m Ml 04 m rn m X 1 Tl >H H 1mmp--4 »•o H >m OI r m m m £ •-» -4 XI XI G9 1-4 XJ m -4 >09 M XI > o Ml 2 m m I -H r-X -4 1 z -4 c £ H 1 Ml M rv>O ►4 >m INJ o >-4 ►4 PI fV> X'n C/I H m XJ m XJ 04 ii M > XJ H 04 2 P- C/1 r- XI 14 .A C/l 01 O X'a o o ^n Cl S3o o mH > Ooo MlMl04 Ml 49 XJ m 001 o X9 Oa o Ml MlMl f ^ Ml 49 XI O 3Z5- 2mi im TJMz 01 01 «>4 3 u m o 14 3 ^ m Cl K M n 9 04 3^> >^ ^ U o m 3 •— ^\su o > > ^ m O H m m 04 w* rn ^7 m 9* XI Ml 04 m ^ my 04 S3 r- p*w w 1 £XI > "□ m »•n > :^ 3r* 1 -4 O > m 3 CO £ ►-> PI S XI * -* T1 f<M«Aft ■s w m W w n n 09 1 Ai “ 09 Z H 01 O H 1 Z -4 O P-m f fVft |h W VJm m •n n H H 04 u ^ w ^ rs#5iS=*2'- 2 m Q ^ ^ w* ^ mJ «ww rn is ^ r># 04 m XI M 01 Z •VIcs -4M m 3 XIm XI ^ ni • •oM H 04 Ml o i0 2/i3 JO jdiijo3 3S <^0: •fOt^ ‘^po.in JCJ 19/ Tfdog U) p.igu-)s.*p SP -o:) Xp»«|U^ ;nin Vioijs JU M/d :a8 •<dS AjfiS SU4I (2 »fO P (p-«np ;JQ j O Pi'tqi.os «oK^ajos ^it|i (I *t aiUUtf: .>1 p»is J.J ♦ uitdQ ,0 JUHJ «srj pii s u. .1 - im i p i I > f • <iwuir>tp p <“ (t/i i-Vj tS o\ ptttfp ui c i dM, , u; iw*j .*,4l'^| ■< • I .♦ d ^ • «*»♦! I ' 4J»d - ' 4 j'. «. J. ■=•#4 r. i * 4 *■» * j' I i> '4m4 J ■' #• »w t‘=v.a /J T v .4 U 1'^='* •'. J1 ‘JV/«1 -V /l/,f Mlf.ji JO 5 ^ ■'Vi / ^ ui'i ■J;:ic,oi,oo s Planning Conunission Members PROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: October 15, 1985 SUBJ: #984 Joe Sawchuk, 4105 Watertown Road ~ Variance Zoning District - RR-IA, 5 Acres Application - Setback Variance for a Horse Barn and Storage Shed List of Exhibits - Exhibit A - Exhibit B - Exhibit C - Exhibit D - Application Plat Map Property Owners List *Note - Survey has not been submitted as of this writing The applicant requests a variance to side setback for a proposed structure which will be used as a horse barn and storage shed. The horse barn use is permitted in the RR-IA zoning district, but the structure is required to meet 150' setbacks from the adjacent properties. Applicant's property is, according to the plat and wetlands maps, about 8 acres dry buildable but is only about 260' wide, hence the 150' setbacks cannot be met. As of this writing, applicant has not submitted a survey or a sketch showing the approximate proposed location of the structure. Applicant would be allowed up to 6 horses on the property based on the 8 acres of area. Any action on this application should wait until such time that a survey/site plan is submitted. MINUTES OP THE PLANNING COMMISSION MEETING HELD OCTOBER 21» 1985. PAGE E> #975 GEYEN continued T1.s2 purpose of the public hi aring was to consider the request for a lot area variance to construct a new residence. Zoning Administrator Mabu^th noted that the survey has been received from applicant. She noted the drainage plan and reviewed staff's recommended conditions. Everand Geyen was present fer this matter and stated he had no objections to the conditions, There were no persons prcjient objecting and the public hearing was closed. Kelley felt that in order t'- maintain a desired building envelope, no additicnal variances should be granted. It was movoQ by Sime, seconded by McDonald, to recommend approval of the lot area variance subject to staff's conditions and subject to the condition that no additional variances be granted in the future. Motion, Ayes 5, Nays 0. #981 PHILIP P. KALEY 1395 BROWN ROAD SOUTH VARIANCE PUBLIC HEARING 8:35 - 8:36 PM The certificate of mailing and affidavit of publication was noted. The purpose of the public hearing was consider the request of a setback variance to construct a family room. Philip *^.aley was present for this matter and had iio comments. There v/ere no persons present objecting and the public hearing was closed. It v?as moved by Rovegno, seconded by Sime, to recommend approval of the variance us proposed. Motion, Ayes 5, Nays L*9^J0B sawchuk ^105 WATERTOWN ROAD VARIANCE PUBLIC HEARING 0. Joe Sawchuk was present for this matter and stated he was unable to complete the survey required and would have it done for the next Planning Commission meeting. It was moved by Sime, seconded by McDonald, to continue this Public Hearing until the 'lovcmber Planning Commission meeting. Motion, Ayes 5, Nays 0. Froms Date: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernharascn Michael P. Gaffron, Asst Planning & Zoning Administrator October 14, 1987 Subject: #1168 Richard G. Helstrom, 2895 Casco Point Road - Variance - Continuation of Public Hearing Application - Revised deck proposal. List of Exhibits Exhibit A - Revised Plan Exhibit B - Staff Letter to Applicant Dated 9/21/87 Exhibit C - Letter From Neighbor Bowers Dated 9/29/87 Exhibit D - Planning Commission Minutes of 7/20/87 Exhibit E - Staff Sketch Exhibit F - Memo & Exhibits of 7/16/87 Pertinent Facts - The applicant has reduced the extent of his proposal to exclude the 3 season porch and to lessen the encroachment of the proposed deck into the average lakeshore setback area. Please review the staff sketch (Exhibit E) which shows the applicant's original proposal and shows the current proposal. Encroachment past the average lakeshore setback line for the revised proposal is 12 feet, or 13 feet less than previously proposed. Note also that the proposed deck, while it is at second story level at the walkout side of the house, is at generally a ground level in relation to the Bowers' residence, whose views would have been most affected by a structure extending above that levei. Note also that neighbor Bowers has written a letter of non-objection to the revised deck proposal. Hardcover in the 75-250' setback zone under the original proposal was 7,192 s.f. or 45.7% with the revised proposal 75-250' hardcover will be 7,368 s.f. or 46.8%. This presumes that the patios originally on the lake side of the house will not be removed. Hardcover in the 250-500' zone does not exceed the 30% limitation. Note that applicant was advised to relocate a play structure located on the lake side of the house into the street yard in order that that structure not contribute to an excess of hardcover in the 75-250' zone. Staff notes th\t the 14'xl2' block patio could be removed to decrease hardcover by 168 s.f and get back to the 45.7% of the original proposal (see Exhibit F of 7/16/87 memo). Planning Commission is asked to refer to their m.nutes of July 20th, 1987 meeting. Planning Commission felt that hardcover v*as not an issue but that the intrusion into the average setback was. Staff Recommendation - The revised proposal provides a deck space more in keeping with the Planning Commission's desire to minimize encroachment into the average lakeshore setback zone and minimize view encroachment, yet allow applicant to replace his originally existing deck with a similar non-obtrusive deck. Staff would recommend approval of an average lakeshore setback variance and hardcover variance to allow the revised deck as proposed subject to removal of 168 s.f. of extraneous patio hardcover iu order to meet the 45.7% hardcover originally proposed. F IX IWU.IWOV /j <nng||||] d f a «r ti u C--1 \D i 1 \2 *• *jF • f ul / 1 % ■" < . . * 1 ► «.• • - • • ..» . .• •. •*« .* —< . • • . • • 11 - -i..--.—-..................... ——■— ■ —................................................................... 1'*.... »o,v .. .. > -■! ♦ ""T 1 1 * •1 tc-ii - *• a A j .I 01 . > < «/. Sr ifw J t *c< J ^ ^ V) 0 0 iiili i-k¥ ^s%- ** 7'5'®q£i ll (P 2 iS J J X ti ^ ^ ^ u)o|j5”;^5^>5o^ \r -'1'^yj2?«^7 2li ,0 ^ »K »- C,:z -: Cl wC<r 4 ii\ § Ql it:oUJ Q CITYof ORONO Post Office Box 66* Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka September 21, 1987 Richard G. Helstrom 2895 Casco Point Road Wayzata, MN 55391 Re: Proposed Deck Construction Dear Mr. Helstrom: We are in receipt# as of September 17# 1987# of a revised deck proposal submitted by your contractor# Mike Schmieg. This proposed deck extends past the average lakeshore setback line by a distance of approximately 12 feet and therefore requires a variance. In addition# portions of this deck adjacent to the house will be over areas not currently hardcovered# hence a variance would be needed for increases in hardcover over the existing percentage. I w^*uld also note that# although you might propose to remove .. ’ms of existing hardcover so there is no net increase# staff has not been granted the authority to approve such tradeoffs; this requires City Council approval. I would further note that the Planning Commission may have given you the impression that you could replace your previously existing 8'x22' deck without a variance. In fact# replacement of any portion of that deck that encroaches past the average setback line would also require a variance. I will be pleased to present your current plan to thr^ Planning Commission at their October 19# 1987 meeting if you wish. Any addition information you may wish to submit in support of your request must be in this office by October 5# 1987. Please contact me at 473-7357 if you have further questions. Asst Planning & Zoning Administrator M.’G/v.ln cc*. Mike Schmieg BUILDING & ZONING - 473-7357 assessing ADMINISTRATION a HNANt E - 473 7358 PUBLIC WORKS - 473 7359 2a {Lf A Oa (JliU uStSlQ <iiuj&^ !- oTiJ^ ci2fitu4 A. UiflU-X. NA-6 jjti^L^coo . ^ 4 4e 4 .4 AeiAJL&.(f^ Z^os Cf«io P-f.^ ^ f'ia srj?\1) i__ minutes of the planning commission meeting held JULY 20, 1987 BACHKES CONTIOTED^ comments from the public regarding this matter and the public hearing was closed. recommendation. Motion, Ayes 4, Nays . y present to vote.) #1168 RICHARD G. HBLSTROM 2895 CASCO POINT ROAD VARIANCES PUBLIC BEAMBG » = ^«-«;51jj,aavit of Publication and Certificate of Mailing was noted. Chairman Kelley read into the record a this day from J.K. Bowers, 2905 ^asco Point Road, asking the Planning Commission to consider his p p Y in relation to the average lakeshore setback proposed y applicant, so that he is not deprived of lake views and lake breeze. Rf^llows felt that, based on the drawings submitted, it should be cons\de«d an "addition” ^o the house, not an average opaque porch structure. Richard Helstrom was present ® Rowers' he did not feel the addition would view, and there would be a minimal view any, from Elson's (2879 Casco Point Rd.) that the addition would be 110' from the lakeshore. Dick Kail, 2915 Casco Point Rd., ®"io° house is downhill from his, tl.erefore, the addition would not obstruct his view. Assistant Zoning Administrator ^ack reauest for hardcover and average lakeshore setbacK s^rifnees to construct a 2nd story three-season porch and deck as follows: .c -Hardcover 75-250' - Existing = 45.3% - Proposed = 45.7% -Averaqe Lakeshore Setback Encroachment - Existing = O' - Proposed =25' Applicant proposes to construct a 2nd story three-season • p^rch and Lck where only a 9Jound-lev_el loose conc«te block patio now exists. The three s .hv a 9' approximately 16'x 20' surrounded on two sides by a 9 deck. MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 20, 1987 BELSTROM CONTINUED There were no other conunents from the public and the public hearing was closed. Planning Commission unanimously felt the addition was too much of an intrusion into the average lakeshore. They felt the addition should extend no further than the existing patio. Planning Commission did not find hardcover an issue. Planning Commission member Hanson's written comments as follows: "I see no hardship, and am concerned with the view encroachment on neighboring properties. No; do a redesign." It was moved by Chairman Kelley, seconded by Bellows, to table this application pending a revised reduced plan. Motion, Ayes 5, Nays 0. #1172 CHRISTINE BECK 3820 CHERRY AVENUE VARIANCE PUBLIC HEARING ^ .rThis matter was held over until the end of the meeting (10:08) for applicant to be present. It was moved by Taylor, seconded by Cohen, to table this application until applicant can be present. Motion, Ayes 5, Nays 0. '73 DAVID AND TRESA GARDELLA 1230 ORONO OAKS DRIVE VARIANCE PUBLIC HEARING 9:08-9:12 ^ j_The Affidavit of Publication and Certificate of Mailing was noted. Zoning Aide Knott explained the request for a front yard setback variance to construct a detached garage 80 feet in front of the front line of the principal structure. Staff noted the following hardships - steep topography to north and eas^, location of well on east, and inadequate area to place garage on west. No major grading would be required in proposed location, and t e garage will be naturally screened from neighboring properties by existing heavy vegetation. Planning Commission member Harison's written comment concurs with staff recommendation. ^(_S£T0• ze^n^ A'o* ifi. ^------------------- f NO^THWE^TEKUr L.IME: C>F THE: ^OUTHpeer of lot ho ^>0,0 > po^cH ^CCK J>ec<* o<wty T* F(d* >: aiP77;E^r?7//T 0 0 !F0 2 lU ^^ - ^ <2^ .'2-// 03 }! tt - ^<A 5^ 0 1/ ^ ' v i/ dJ >.:•;, O yy y u Q •A >:• •\ C"'' '' a' /«tfc " - d I yk • # e W«» »• •% ^ PRoe. sc^eer3 f^b/ecH A r-.c: CVACATl&p) -y' ^AT % • t*»• • ,•. • .\^ 1 Occ< c- 7>r \% -N • ?.\ r *Tot Mayor Grabek Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson / Froos Date: Michael P. Gaffron, Asst Planning & Zoning Administrator July 16, 1987 Subject: #1168 Richard G. Kelstrom, 2895 Casco Point Road - Variance - Public Hearing Zoning District - LR-lC Application - Variance for hardcover and average lakeshore setback to construct a 2nd-story three-season porch and deck. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Neighbor Acknowledgement and/or Non-objections Exhibit E - Survey Exhibit F - Staff Sketch On Survey, Showing Hardcover and Average Setback Exhibit G - Hardcover Calculation By Staff Exhibit H - Elevations - Side, Lake(Front) Exhibit I - Plan View Exhibit J - Section 10.08 Subdivision 3 ^ Pertinent Facts «« Hardcover Existing Alio 0'-75'9.6%0% 75'-250 45.3%25% 250'-500'26.7%30% Average Lakeshore 0' Setback Encroachment O' Lake Setback 135'75' Proposed Vciriar.ce (No Change) 45.7% 20.5% (No Change) 25' 25' 110 None Discussion: This is a request to construct a second story three-season porch and deck where only a ground-level loose concrete block patio now exists. The three-season porch is approximatly 16' x 20' surrounded on two sides by a S' deck. This addition covers about 820 s.f. in area, of which about 775 s.f. is currently considered non-structural hardcover. The City Council in recent years has made it clear that when allowed hardcover percentages are already exceeded, replacing non-structural hardcover wit!) new structural hardcover requires a variance approval. Note that a 26' y. 20' garage addition entirely over existing driveway was permitted in 1984 before that policy was in effect. i Zoning File #1168 July 16, 1987 Page 2 of 2 There is currently no average lakeshore setback encroachment. The proposed porch and deck will comprise a 25 ’ average setback encroachment. This has a potential view encroachment effect from both neighboring properties. The Elsen's at 2879 have stated no objections, and staff notes their lake views across applicant's lot are already limited by the hill along applicants southeast lot line. Bowers' views from 2905 might be slightly encroached by the three-season enclosure (about 9' lost) but not by the deck since Bowers' lot is much higher. A significant portion of the existing 0-75' and 75-250' hardcover is taken up by plastic-1ined rock beds and the extensive driveway. the plastic under rock beds along the southeast slope may be helping to control erosion - applicant should address this. Although there is only a small net increase in hardcover. Planning Commission may wish to explore ways to decrease overall hardcover on this property. Hardship: Staff notes that City files indicate there was originally an 8' x 2'* deck along the lake side of this house. That deck was removed at some time prior to this review, leaving a 2nd-story glass door witl. no place to walk out to. This might be considered a hardship and a safety concern as well. Does Planning Commission find a hardship or justification to grant a variance to allow the proposed 820 s.f. of additional structure hardcover on the property? What haidship or justification exists to grant the variance to average lakeshore setoack? Staff Recoonaendation Staff would recommend approval of hardcover and average setback variances for construction of the proposed additions only if the applicant can demonstrate to the Planning Commission adequate hardship and justification for the proposal in accorda /^e with the provisions of section 10.08 Subdivision 3(A) attached. r ■■' i /' I r f >•* ' * ** . - - U c -' ■ / ! / 1 I i ■\ •• J O' '. f ••«) uaco Kcc • a /^. V / Fgg/^^ ^Sq.iv_________ R gcgipt_____________ Initials ( i///<ts CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 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 cf ) Property Identification Number (P.I.D. ^ f QO^ Please checlc one - Is the property _ _ abstract or t^^'^^orrens? Attach legal description to application if not included on required survey. APPLICANT Phone (home) </~7/- 9^^ Name Phone (worlc) City Zip; S~^5*y/ OWNER (if different than applicant) Name Phone (home)_ _ Phone (worlc) Address:City: Date Property Acquired _ _ _ _ _ _ _ _ _Zip: rrvy nP HRONO FIKA^’CE OFFICE- - - - (.montWjf^xjAo n I (do) (do not) also own the adjacent parcels of land.___________________________________________________________________iJiLUi,__JL___l^y^oo P^SENT USE OP PROPERTY Present Zoning District Present Use of Property RECEIPT-THAHK YOU }^00:J20 CQOl ROl 711:13 QSm'OT OJOU,Residential J Other (specify) DESCRIPTION OP REQUEST Desc Estimated Construction Cost $ ANCBS Lot Area Lot Width Hardcover Side Rear)Setbaclc Variances (______ Front ______ ______ Other AJn ^ ^ t C <1(1/ rs (•? HARDSHIP Describe undue hardship or practical difficulty resultina from strict y. .enforcem^t .of zoning r'equJLations;a/ui "7^^ /yn^rftL/rt^ r ^ao'€^ ^ ^ '^rp'icTU deSscription op unusual property conditions ^ - - - - - - -—- Desclibj unusual property conditions preventiM^compliance with Zoning Code Requirements: ^ 5 7^.y c . REQUIRED SUBMITTALS 1. Completed Application Form 2. tertified 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. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign uhis application. Please remember that your variance application is not complete if the above information has not been include^'. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date 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 Icnowledge. OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Applicant's Signature Owner's Signature Date —->— Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must bo present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrange ments to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. r $ r I O O 30 M n Ti m m (/) H m M X 2; -n ni H •< 55Z H H m M Xo 2 g >Cl m Z ► n -n X SSm"'2 z a 5m m -< o n a 3 dm m 5 -n T3 H 30 > M n ”23 33So m m >13 >'m 73 > X c/1 z 1 «C ^ *> OS > oo oa* 0» ism • 18 M *- U4 W1 o July 7, 1987 Mr. Gaffron, I reside at 2915 Casco Point Road. This is the second lot from Richard G. Helstrom, 2095 Cass Point Road. ?!fll68 on the July 20th hearings. It states he is seeking hard cover for the addition. I do not understand this because there already is hard cover there in the form of a patio. I have seen the plans for the addition, and I feel this is very good for the improvement of the neighborhood. Mr. Helstrom is a structural engineer and everything that he does is first class. I have no complaints to the addition of his home. Richard C. Kail II©[lDW[i JUL I 0I98T \ if I JUL-9I98T u JuliJ 9, 19*7 C^j 0(5 0A.ono 1335 SouXh B^own Road 0-tono, MN 55331 Attn: Mo.. hlidiaeZ P. GaiJiJaon Planning 6 Zoiibig AdmijvUtnaXon. RE: Land Uie Application tfJ 168 Dean. Wi. Ga^^aon: We have acccntlij puAchoi>cd tlic paopeAty ijimtdlatcltj adjacovt to 2895 Calico Point Road on the we6-t and noath (e.g. 2879 Casco Point Road). bJe have aevieuJcd Vick and Vicki HeCstaom'6 ptans {^oa a thaee season poach and deck addition ojid have no objections to the paoposed construction. S-inceaeLij, LoAAtj and KaXJuj Elsen 710 KingsvieiO Lane Plymouth, MW 5544J Home: 473-0064 Work: 522-6683 New House Phone: 471-0684 \^J • I'iL?!: i# Li Vi July 9, 19$7 City 0(5 0A.OUO 1335 South BA-OM i Road 0A.OHO, MW 55331 Attn: Ak. t>Uchael P. GaiiKon A44-6s-Caivt Ptojuting 6 Zoning AdininiitAatoA RE; Land U6z Application >*1168 VcoA M^. Ga^(,n.on: We have recently puAchated the pfiopeAty ijmedUateiy adjacent to 2895 Co6co Poht Road on the wc6t and noath {e.g. 2879 Co6co Point Road). We have reviewed Vick and i/ickt HetbtAom’ b ptaiu, ^oa a thfiee reason poich and deck addition and have no obj'ectionb to the pioposed conbtAuction. Sinceaely, - r « / LoAAij and Kathy Etben 710 Kingivim Lane Plymouth, MW 55441 Home: 473-0064 WoAk: 522-6683 Neio Home Phone: 471-0684 /* \V/ / / / r-fl |i / '■ (' ^ 1 JL OO Adjacent Property Owners* Acknowledqcn^nt l*onn I ^ [print name(r>)] EIL^ETaJ of ^/i/7' print address] have reviewed the plans for the proposed improvement or proposed use of the property located at-T Q>,^^also referred to as Land Use Application No. (Misunderstand that in executing this acknowledgement, I <(wep ^Ca^ not asked to declare approval or disapproval of the pryerty or use our merexy uo t;t>jixxi.in i-'-'i- v,jic ^j ---------------------_am (^^are^ aware of the improvement plans and that the proposed neighbor's project or use requires Council approval Date Date L-^(' If you have any information that may assist the City in this Land Use Application, please submit your comments to the Building 6 Zoning Office at least 10 days prior to the scheduled meeting date. ^c//-cAas-e. ^ro^-er? C/o^-e4 ffyt '6-70-S7, it>n?^i “•K fJ OI AdjacerttProperty Owners* Acknowledgement Form ^ ^ _____ of TSioS^ C?^[p<^o ^ [print name(s )1 [print address! have reviewed the plans for the proposed improvement or proposed use of the property located at ^ CftSCo f-(. 8^. also referred to as Land Use Application No. _ _ _. J. ifi^) understand that in executing this acknowledgement, I am not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I CT ‘ am aware of the improvement plans and that the proposed neighbor's project or use / X• * • < / • • HO l-C''"' It'V 1 •% A'** $cL f f/9>- (5 " ’'4r-f^ 2wtk SfTbCJf Qo r *^7P!--------7^ zf lO^S A/J e'ii22 ‘pecK -jtiAT HAS #2f>^Ct) T •t * ' i • <' »• •• % *•* • , 1*.^ •• -• • • •./ 1*^, /•^ N' .r- 4.\ . I fm m ■_______________________________________________________________ I mo ]0,0^> Subd. 3. Variances; Issuances.ex^. J A. In considering applications for variance, the Council shall consider the advice and recommendation of the Board and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a variance, the Council shall hear requests for variances from the literal provisions of this Chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated tliat such actions will be in keeping with the spirit and intent of this Chapter. "Undue hardship" as used in connection with the granting of a variance means: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic consideratians alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall bo granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person’s land is located. 7. The Board or Council may permit variance the temporary use of a one-family dwelling as a two- dwelling . as a family Section 6. Ordinance Section 10.08, Subdivision 3 (A) is hereby amended by adding the following; (8) The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. (9) The conditions do not apply generally to other land or structures in the distict in which said land is located. (10) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. (11) The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. (12) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. July 14, 1987 Michael P. Gaffron Assistant Planning & Zoning Administrator City of Orono Box 66 Chrystal Bay, MN 55323 Dear Sir: 1 am writing this letter about the p'*anning commission meeting on Monday, July 20, 1987, and the Iter ^1168, Richard G. Helstrom, 2895 Casco Point Road. I am concerned about the variance tow the Helstrom item because my property is set back from both my neighbors on the east and the west. If the current set-back ordinance is not strictly held to 1 am going to find my home even more set back than it is now. It is my understanding that the set-back requirements are in place so that houses like mine are not cut-off from their views of the lake and lake breezes. I'm sure that all lake shore owners would like to improve their homes with better views of the lake, but if the zoning requirements are not held to, theWproperty owners that do put on additions will continue to expand their homes towards the lake. I would appreciate it if the Zoning Commission would consider my property placement in view of the other neighboring properties and would hold to a strict inforcement of the current zoning requirements so that I am not deprived of my relative position to the lake shore. I hope to be at the July 20th meeting, however, if I am not, I would appreciate this letter being put into the record at that time. incercly, Ji K. Bowers 2905 Casco Point Road Wayzata, MN 55391 JKB:am To: From: Date: Subject: -1 Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator October 12, 1987 #1169 Wear Enterprises Partnership, 2970 Old Crystal Bay Road Preliminary Subdivision - Second Review Zoning District - RR-IB Total Area = 25.31 acres 18.5 acres dry 1.60 acres of road right-of-way 6.81 acres of wetlands Brief Review of Application - An eight lot plat was originally proposed by the applicant at the July 20th public hearing. The issue of the wetland boundaries was raised at that first review. The applicant's septic evaluator met with staff on site to determine actual boundaries of the wetlands. Those boundaries have been described in angles and bearings; wetlands total 6.81 acres. At the Planning Commission meeting of August 17, 1987, the applicant asked the City for conceptul direction regarding the creation of substandard outlots specifically set aside for future development at the time sewer is available to the property. Council denied applicant the use of such outlots, please review the Council notice that notes the reasons for denial. Current Review - The current proposal now defines 6 lots with adequate 2 acres of dry contiguous lands within each envelope. All lots meet the required 200 feet lot width to the rear of the front/street yard setback line. Note Lot 1, Block 1 will temporarily abut the cul-de-sac for approximately 80 feet. The plat road has been aligned to meet curb cut for VJear Lane South as requested by the Planning Commission. Access has also been provided to north lot line. Outlet A will be constructed when development to the north is realized. Septic testing has confirmed adequate, suitable soils for primary and alternate septic sites on all six lots. All systems tested out as mounds. Prior to scheduling the preliminary plat for Council's review, we will ask that all septic test sites (borings and perc holes) be located on the preliminary plan. Zoning File #1169 October 12, 1987 Page 2 of 2 Staff Recommendation - To recommend approval of the 6 lot plat application of Wear Enterprises Partnership finding all standards of the RR”1B and on site septic code have been satisfied and granting a variance to the standard that would require that all lots abut a public road finding that the pj^oposed private road has been designed to provide safe access to each newly created lot subject to the following conditions: 1. Payment of a park fee at $1»200.00 ($200.00 per each lot). 2. Grant underlying road and utility easements to the City over the road outlots - principal road should also be designated as an outlet. 3. Execution of covenants prov^.iing for permanent maintenance of private road and defining the sha.e in the ownership of that road. Applicant may also be advised to consider cost for future users of private road with development to the north. 4. Access to all lots shall be via the private road. 5. Lots 2 and 3, Block 2 and Lot 1, Block 3 are considered through lots; all accessory structures on such lot must be approved via a conditional use permit. The placement of these structures shall be governed by standards set forth in Section 10.75# Subdivision 4 (C). 6. Dedication of right-of-way for Watertown Road and Old Crystal Bay Road . ZONING PILE NO. 1169 CITY OP ORONO P.O. Box 66 Crystal Bay, MN NOTICE OP COUNCIL ACTION 55323 473-7357 Date of Notice; 8/31/87 TO: William Wear Box 306 Long Lake, MN COPIES TO: 55356 Phil Nelson All Metro Land Surveyors 2340 Daniels Street P.O. Box 148 Long Lake, MN 55356 TYPE OP APPLICATION: XX Conceptual Review - Class III Subdivision DATE OP MEETING: 8/24/87 COUNCIL ACTION - NOTION: VOTE 4 For Against Council conceptually denied your request to develop independent outlets within your current plat - to be set aside for future development when sewer is available, based on the following findings: A. Unattended outlets (outlets can be owned by persons out of the immediate area) become maintenance problems for the City espr;cially when surrounded by developed properties. B. Outlets set aside for 30 to 50 years before development often go tax forfeit and may be sold to an unsuspecting buyer. C. Outlets created today may not satisfy future standards - not appropriate decision for current Council. D. Negative precedent to establish - Council would be unable to refuse other requests. Please review options for development that Council is able to approve (see attachments). Staff will reschedule your preliminary subdivision application before the Planning Commission as soon as all required information and submittals are received. Deadlines for upcoming Planning Commission meetings are as follows; Deadline Meeting Date September 21September 8 October 5 October 19 If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. To: From: Date: Planning Commission Chairman Kelley Orono Planning Commission Me..ibers City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator Octob^'r 14, 1987 Subject: #1199 Richard & Gay Kelly, 425 Oxford Road Variance - Continuation of Public Hearing List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Planning Commission Action Notice Burton Letter Original Plan Revised Plan First Floor Building Plan Average Site Line Plan (Large scale plan is available for review of this Exhibit at your meeting) Review of Application - At your September 21st meeting, you advised the applicant that the average lakeshore encroachment setback of 80 feet was excessive. The owner to the north had advised in a letter (Exhibit B) that moving the house back approximately 15 feet would remove any view impact that he would sustain from his property. The house has been relocated 15 feet back and restaked for your review. Kelly advises tha Mr. Burton has reviewed the new location and has no problems. The neighbors to the south are still unresolved regarding the new location. The one "hold out" voter will once again walk the property with Mr. Kelly on the week-end. It is my understanding that I will be contacted on Monday by the southern property owner concerning their joint decision. In dealing with average lakeshore setback variances, staff would have difficulty recommending approval of an encroachment of the setba^'k line when there is any opposition from most affected neighbors. Applicant should also be advised that the average lakeshore setback standard applies to lakeshore accessory structures. In reviewing the original building plans, a pool and patio area are proposed at grade within the lakeshore yard. The pool is an accessory structure and must also be included in this review requiring a setback variance. The pool should be located on the survey in addition to the patio area for hardcover review. All improvements must be shown on the survey. Staff also notes conflicts, in fact, concerning lakeshore decks shown with building elevations and building envelope shown in most recent survey. Dec appear to be trimmed back. The decks considered grade level with a walkout do not have to meet the required 30 feet side setback variance but are subject to the average lakeshore setback standards. Note the encroachment setback has been determined at the lakeside gazebo, the closest lakeshore projection of the principal structure. Compare the original survey with the 80 feet encroachment and the revised survey with a maximum 65 feet encroachment (Exhibits C & D), Zoning File #1199 October 14, 1987 Page 2 of 2 Staff will advise Mr. Kelly of the need to update the survey designating the pool, patio improvements and final deck layout. Hopefully, the information will be available at your meeting. Septic testing will be necessary for an alternate site only and will be located within the street yard. A shallow trench system can be installed within the south side of the lakeshore yard where major portions of original test site are still usable. Staff has discussed the necessary testing with applicant's site evaluator and sees no problem with locating an alternate site. Staff Recommendat.i.on - If the City receives conformation from both affected neighbors that they approve the current proposal for the Kelly residence and we are in receipt of an updated survey showing all improvements with the encroachment setback of both principal and pool structure designated. Planning Commission may move to approve the variance application. If the neighbor to the south does not confirm approval to staff, the applicant should be asked how he wishes to proceed and the following options suggested: 1. Proceed with the denial recommendation to the Council and appeal the Planning Commission recommendation. 2. Move entire principal structure behind average lakeshore setback line and request an encroachment setback variance for the pool structure. 3. Move all improvements behind average lakeshore setback line and formally withdraw the application and apply for a building permit. ZONING FILE NO.1199 CITY OP ORONO P.O. Box 66 Crystal Bay, MN NOTICE OP PLANNING COMMISSION ACTION 55323 473-7357 Date of Notice: 9/22/87 TO: Richard & Gay Kelly 400 Oxford Road Long Lake, MN 55356 COPIES TO TYPE OP APPLICATION: XX Variance DATE OP MEETING 9/21/87 VOTE: 6 For Against Planning Coasmission recommends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission asked that you support your variance application seeking encroachment of the average lakeshore setback line with the following information: 1, Locate trees and other improvements that you wish to save or secure on the site plan. 2. Submit view information from window side/lake elevations of residence at 475 Oxford Road, and, if you feel it appropriate, of lake viewing windows at 405 Oxford Road and any other information that you feel may support your request for the setback variance. /6 AimiMR n. DURTON JR. 405 Oxford Ro.ul, L(»n^ Lake, Minnesota 55.'^56 Ms. Jeanne Mabusth Zoning AdministraCor City of Orono 1335 South Bi'own Road Orono, MN 55356 September 21, 1987 Dear Ms. Mabusth: Re: 425 Oxford Road In line with our tetophone conversation Fiuday, I spoke with the Kellys thi.*: past week-end, and we agreed with them and with you that placing the proposed residence 15 feet closer to Oxford Road would eliminate any privacy or view concerns that we might have. My wife and I would have absolutely no objection to a zoning variance that would permit the Kellys to build the home as pro posed, but 15 feet closer to Oxford Road. 0't‘l ^ in«u/ /^Orv' mm 1. ■ '.-i '.* . . ♦ »i‘» 'II • ■ *'j • ‘ 1, m . *. «' • , 4t;» * I ■ ., ■• .» • « 4* ■ .:%• 4- ^- :'i m f I. • •; • I . A ir » '1 . ■ ■ ^ 1* . i *. * I ^Mr. n f ' ■■ 'v '.'■ ’*. ■ < • '• > *• .•>•' .. • rj-. • • ■'♦■ ■ ■. Vau.w • ."/J » — a^i*'** *•* • V ' p ':. ‘ j \ 4 > I A tk r> .. IS % } I->\ o o 1 ^ . 'i 1 .i# \ . ' . r* A\' ' ^ ^ C\\ '1^' « * ^ \ • \ f v-' Phone (612) 475-1767 VIKING HOLDING CO.475 OXFORD ROAD. ORONO LONG LAKE, MINNESOTA 55356 1i^;\/c W*-, ja/hT-^u.4^. /<a Wu X o^ ^ .7^ A-evStity ^ ..x 'CA a . J l! ;to -b-«- -tA*- A\>-cxA-Wv Oj V To: From: Date: Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Thomas J. Jacobs, Building Official October 15, 1987 Subject: #1204 Orono Community Church, 770 Old Crystal Bay Road No, Revised Commercial Site Plan Review Zoning District - RR-IB Area - 8.84 Acres List of Exhibits Exhibit A ~ Exhibit B1 Exhibit B2 Exhibit B3 Exhibit C - Exhibit D - Exhibit E - Application Master Plan Site Plan Phase I New Proposed Phase I Site Plan Building Plan 1) Elevations 2) Wall Section & Details Conditional Use Permit Approval Zoning Administrator's Memo - Resolution 1397 The applicant is requesting a revised site plan review which will eliminate Phase 2, 3, 4, and 5. Staff sees no problems with Phase I. The 136'x72' structure constructed with Phase I meets the required 30' setback (side) and 50' setback (front/rear). The proposed use appears consistent with the RR-lB Zoning District (conditional use approved #672). The approval of the conditional use permit was with conditions which were to be met with Phase I. In reviewing these conditions, I found the following items incomplete: 1. Per Ordinance 38.305 parking requirements are as follows: Total 372 seats at 1 stall per 4 seats = 93 Staff recommends 57 stalls be provided per occupant load of narthex, (228 people/4 « 57) Not completed - 38 stalls are proposed on new plan. 2. The parking lot designated 60 degrees angled stalls shows a minimum driveway aisle width of 17' providing a total north/south width of 112'; minimum north/south width required is 110'. Not completed. 3. The turnaround providing a 48' radius will facilitate emergency vehicles. Not shown on new proposed plan, staff recommends this be required. r Zoning File #1204 October 15 r 1987 Page 2 of 2 4. Per Ordinance 32.430, the applicant has submitted a total landscape plan dated June 1, 1982, to be completed by the year 1984. Not completed. 5. All traffic flow, stop and fire lane sign locations will be selected by staff to insure optimum level of safety. Not completed. 6. Parking lot is not paved which is required by City ordinance. On October 2, 1987, I conducted an inspection of the property for the day care use by Busy Beaver Day Care. This structure meets the State Building Code/Fire Code for this type of use as long as the occupant load is maintained at 26 students per 3 providers maximum. Staff recommends approval of the request to eliminate Phase 2, 3, 4, and 5 with the condition that Items 1-6 be completed within 6 months. >1* li V ' ..« /* •) /" tV.' ..* *••• Date Roc'd Fee Receipt_ Initials -- -- *:> CITY OF ORONO GENERAL LAND DSE APPLICATION PROPERTY LOCATION site Address fi’J Cvm*.~IcY ?-( Property Identification Number (P.I.D.) cZ 4^ CjQC.S Please check one - Is the properly abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. Phone (home) _ Phone (work) H79vaSj)___________ APPLICANT Name I C-•*< j [ Address cj______________ City Plypv Zip OWNER (if different than applicant)Phone (home) Name Ofr.r» • r-V.M%-U//Vw‘V* i_ CUiw^cUl Phone Address 770 fiJ C%-^^ Date Property Acquired ______ Citv ( ^v,? Lc-L Zip ^/yU/Z 6 ' _ _ (month/year) I (do) (do not) also ovm the adjacent parcels of land PEES - CONDITIONAL DSE PERMITS $100.00 a) $150.00 b) $150.00 c) $250.00 d) $200.00 f) rrrv *rt,-.* / I w'l C* VuMt.* C T r ' ^ A r* L I T < C t JL If tftLC f/ t dLUResidential accessory Use , a v’v't'v'V Institutional (church, school, etc.)'rx1/1 Ci.iv Commercial/Industrial Use Land Alteration T5.C0 CHEii^ TL 75.00 htitlET-THAr^K )W fiO:{>:CO cool !<01 716:31 09/10/37 Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75* of lakeshore PRD/PID - see fee schedule ATIONS, c ^ $T5U-.-Q^' Commercial Site Plan Review (+ consultant fees) OTHER APPLICATION _ _ _ _ $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation VJith Subdivision $250.00 Rezoning $200.00 Appeals Other - see fee schedule i*uHt Office Hox Crystal Itay. Minnchnla r»!>;rj.t* Municipal Offices TcU’pl'^^tic 473*7357 Control No. 672 TO: Meeting Date Notice Date 8-9-82 8-10-82 New Life Bible Church Box 59 Long Lake, MN 55356 Copies to: Variance Conditional Use Permit Subdivision, Preliminary Subdivision, Final COUNCIL ACTION Vote: J__ For _ _ Against _ _Abstention MOTION approve your conditional use permit application and your request < hr> f'onnrir'h fn miinir*ir)al spv;er subiect to the flndinos and conditions DEADLINE DATE August 9, 1983 for submittal of new information (application may be considered formally withdrawn if information or e:-cplanation is not provided). _ _ for work to be completed for Work Permit application for work to begin WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited to the extent shot^^l on approved plans. Do not change plans. Variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must hove drawings, resolution and all other required documents recorded, with certification of such recording returned to the City by deadline date. Certified copies of official City Council Minutes may be obtained t>y contacting the City Clerk, Allow at least three weeks from meeting dat''. ■1 i I City of OR-OIVO RESOLUTION OF THE CITY COUNCIL NO. 1397_ _ _ _ _ A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SEWER SERVICE FOR THE NEW LIFE BIBLE CHURCH TO PERMIT THE CONSTRUCTION OF A CHURCH ON A PROPERTY LEGALLY DESCRIBED AS LOT 2, CRYSTAL CREST V.’HEREAS, the City of Orono is a municipal corporation organize i and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, pursuant to Ordinance 34.022, John A. Quam, of the New Life Bible Church, hereinafter referred to as the applicant, has applied for a conditional use permit to allow the construction of a church pn an 8 acre site legally described as Lot 2, Crystal Crest, hereinafter referred to as the property; and WHEREAS, on June 28, 1982, Council conceptually approved sewer service for the proposed church building based upon the unique circumstances involving this particular property; and WHEREAS, the City Council has reviewed the application, the recommendation.-, of staff and the Planning Commission and the written and oral comments or the applicant. NOW, THEREFORE,. BE IT RESOLVED that the City Council of the City of Orono hereby approves a conditional use permit for the New Life Bible Church and a special exception to CMP Rural Sewage Treatment Policy No. 7 to allow connection of the Church to the municipal sanitary sewer system based on one or more of the following findings of fact: Findings related to Conditional Use Permit per Ordinance 34.022. 1 - The property is located within the RR-13 zoning district and totals 8 acres in area. 2 - All proposed structures meet the required 50 foot setback from all property lines. 3 - The master plan for the property shows all future additions to the principal structure as meeting the required 50 foot setback. 4 - The first j)hase of construction will include a structure 136' X 7?' containing an asscmbly/gymnasium room, offices, kitchen and classrooms. Page 1 of 7 ■rlT.' City of ORONO RESOLUTION OF THE CITY COUNCIL 1397NO. 5 - At this approval time all uses proposed by the church appear consistent with Ordinance 34.022 and the intent of the RR-lB, Rural Residential Zoning District. 6 -Per Ordinance 38.305 parking requirements are as follows: total 372 seats at 1 stall per 4 seats = 93 Site plan revised date July 28, 1982, shows 94. 7 -The parking lot designating 60° angled stalls shows a minimum driveway aisle width of 17' providing a total north/south width of 112',* minimum north/south width required is 110'. 8 -Access width of 28' at Old Crystal Bay Road is consistent v/ith rural access standards for the Citv. 9 -The turnaround providing a 48 emergency vehicles. radius will facilitate 10 -Per Ordinance 32.430, the applicant has submitted a total landscape plan dated June 1, 1982, to be completed by the year 1984. 11 -A single indentification sign 4' x 4' will be located 10' off Old Crystal Bay Road right of way per site plan revised date July 28, 1982. 12 -All traffic flow, stop and fire lane sign locations will be selected by staff to insure optimum level of safety. 13 -The "first stage" church building's needs can be served by an on site well. The applicant is fully aware that future, proposed expansions of the church structure will require a sprinkler system and given the present water supply system will require a large reserviour/holding tank on the property. 14 -At some future date when the water capacity in the area has been increased, the church may petition the City for service. 15 -The proposed church use is in complete accord with the intent and objectives of the Orono Zoning Code and the City's Comprehensive Land Use Plan. Paoe 2 of 7 -,'v .1 City of OR.OIVO if x.f-) ■«■ RESOLUTION OF THE CITY COUNCIL NO. 1 •^Q7_ _ _ _ \.1*—i.. .y16 - The location of the proposed church use in rural Orono and the conditions under which the church will be operated find the use not to be detrimental to the public health, safety and welfare. • 17 - The proposed church use will not diminish the surrounding property values nor be injurious to properties or improvements in the vicinity. Findings related to special exception to the CMP Rural Sewage Treatment Policy; 1 -The property is located in the Rural Service Area of the City. 2 -Rural Sewage Treatment Policy No. 7 provides that municipal and Interceptor sewer capacity is not available for properties in the Rural Service Area. 3 -The purpose of this and other CMP policies is to preserve the Rural Service Area for rural land uses; to guide urban land uses into the urban Service Area; to prevent the premature extension of expensive public services into rural areas; and to conserve urban service capacities for areas planned to receive such services. 4 -Allowing this particular connection to the sewer will not foster or promote urban development in the Rural Service Area because the lot area and proposed use conform to all ipplicable RR-ln rural zoning and density standards. The exact same use could be built on the same lot without municipal sewer availability. 5 -Allowing this particular connection to vhe sewer will not require extension of any urban services into the rural area because a single sewer stub was providea to this property as part of the LS-1967-1 project installed prior to the 1974 designation of this property as "rural". No lateral extension is required to serve this proposed use. 6 -The proposed church facilities (Phase 1-372 scats) require two sewer units of capacity per MWCC formula. Those two units are less than the* maximum four residential units which dould be bui.’*-. on this same 8 acre lot under the R'i-ID rural zoning standards. The proposed use ir.ay therefore bo less dense than the allowable rural residential use of the f>roporty. I’iige i of 7 / X I t City of OROINO «l; . RESOLUTION OF THE CITY COUNCIL NO. 1397 • - k. ». J V ____ 1 - 8 - 9 - Sev;er capacity for these 2 units will be available upon con.pletion of the under-construction Orono-Long Lake- Medina sewer bypass project. Without construction of the bypass, no units would have been available. The additional units of capacity made available by construction of the bypass were intended to be made available to those properties originally served and assessed by the 1967 project, which includes this property. This property v;as originally part of a larger parcel (Thies land) which was assessed as part of the 1967 project for 305.5 ft of sewer lateral and for installation of one sewer service stub. Upon subdivision of the Thies land the original and remaining assessments were respread in the normal and customary fashion. Based upon physical location and confif 'on of the new lots, the church property (now Lot crystal Crest) received 300 ft of the sewer lateral assessment and the one sewer service stub assessment. The remaining Thies land (Lot 1, Crystal Crest) received the remaining nominal 5.5 ft of lateral assessment and no service stub assessment (there is no stub on new Lot 1). Therefore Lot 2 received all the sewer service and 98t of the sewer assessments provided to the original property in 1967. The Urban Rural Service Area boundary is drawn and legally described as the center of Old Crystal Bay Road in front of this and adjoining properties which also received a nominal number of sewer service stubs in the 1967 project. Even considering these in-place sewer stubs, all this land was included in the Rural Area in 197*1 and again in the 1980-81 CMP because of the lack of sev/er capacity prior to the Orono-Medina-Long Lake bypass construction, and because all these lands were in use solely for non-structural agricultural purposes. IMgc 4 of 7 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. __1 10 - Use of this land as proposed is consistent with Rural Standards and densities, and can bo accomplished without extension of sewer laterals. It is assumed that if sewer capacity becomes available for the adjacent properties, that use of such capacity would most likely require construction of new sewer laterals in addition to the existing 1 or 2 service stubs available. Regardless of any proposed density, no such sewer lateral extension would be permitted unless the CMP were first to be amended to include that area within the Urban Service Area. If such a CMP amendment is ever considered, then this property could be included in the amendment and in the Urban Service Area at that time. However, amending the CMP at this time for only this one property is not justifiable nor is it in keeping with the Intent and purpose of Orono's long-range planning goals and policies. 11 - Enough land is available to allow construction of a full-conforming on-site sewage treatment system on this property to serve the proposed use. Requiring construction of the on-site system in lieu of connection to the existing sewer service stub solely because of the Rural Service Area designation would not further the intent and purpose of Orono's CMP goals and policies. 12 - Approving the municipal sewer connection for this proposed use, considering all the facts stated above, is not adverse to the intent and purpose of Orono's CMP goals and policies. Page 5 of 7 •1 City of ORONO 1,RESOLUTION OF THE CITY COUNCIL 1397 . ib/r’ '■-•'I NO. 13) This approval of a Special Exemption to Rural Sewage Treatment Policy No. 7 shall apply solely to this proposed use on this particular parcel of land and shall not be precedent for Exceptions requested under different circumstances. In the future, as in this case, such Special Exceptions shall only be considered where: a) The property is already served by an existing municipal sewer service stub. The property has been previously assessed for municipal sewer service. Unit capacity is available in the municipal sewer system for the proposed use. The maximum number of sewer units to be allowed does not exceed the maximum number of residential units allowed on the property based on the minimum rural residential density of 1 unit per 2 acres of dry buildable area. Zoning will remain Rural and all development will occur in strict accordance with the Rural District requirements including use type, lot size, setbacks, and other performance standards. FURTHERMORE, BE IT RESOLVED that based upon the foregoing findings, the Orono City Council's approval of the conditional use permit application for the New Life Bible Church is subject to the following conditions; Written consent by Thies to the administrative respreading of the LS1967-1 assessments, particularly the assignm.ent of the single service stub assessm-ent to Lot 2, Crystal Crest. Payment of a sewer connection charge per Section 25 ■.820, at the timiO of issuance of the building permit, in the following am.ounts: a) Payment of all outstanding LS1967-1 assessments for Lot 2 as resproad follov.'ing the Crystal Crest subdivision. Payment of additional "unit" charges from the LS-1967-1 project: $59.62 X total units less 1 unit credit as assessed F’aoe 6 of 7 f City of OR.OIVO RESOLUTION OF THE CITY COUNCIL NO. 1397_ _ _ _ _ cy Payment of unit availability charges from the Orono-Medina-Long Lake bypass project: Total units x cost/unit as determined by the City Engineer (total cost of bypass project divided by number of future units made available by the bypass as established in the 3-City Agreement) The total "units" (MViCC formula) to be charged shall be not less than the 2 units proposed as Phase I. Additional units shall be charged nov/ or in the future if the facility increases in demand per MWCC formula. The maximum number of units of capacity available or charged shall be 4 units based upon the actual 8 acre lot area and the RR-IB 2 acres/unit zoning density. Landscaping for church property to follow plans and planting schedule of plans dated June 1, 1982, as approved with this application and on file with the City together with a copy of this resolution. All first stage building and accessory improvements are approved per site plan revised date July 28, 1982, on file with the City together with a copy of this resolution. A certificate of occupancy will be issued for the church building when connection to the municipal sewer system has been completed. 6) Payment of $75.00 to City for installation of required stop sign at intersection of Old Crystal Bay Road. Council further advises the applicant that a new conditional use permit must be filed with the City if there are additions planned for the church building, an expansion of accessory improvements or changes in accessory uses. -August Adopted by the Orono City Council this _ _ _ _ _ _ _ _ , 1982. ay of Viilliam B. Van Nest, Mayor ATTEST; Alberta M. Strom, City Clerk Pago 7 of 7 To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: Subject October 16, 1987 #1204 Conditional Use Permit for Day Care Use in Orono Community Church - Special Request of Mrs. Cici Mrs. Cici's letter reviews her dilema. She seeks help from the City to resolve this dilema. Staff will schedule a public hearing at the Planning Commission meeting on November 16th and bring the application to the Council at their November 23rd meeting. A conditional use permit for the day care use can be legally granted or 11/23/87. Council could waive Planning Commission review of the condi’^ional use permit by an unanimous vote but a public hearing could not be scheduled before the Council until the November 9th meeting. Mrs. Cici needs the conditional use permit as of October 31st. Staff has made the necessary inspections - note Tom Jacobs's review comments in his memeo. Staff will seek Planning Commission's direction on this matter and present Mrs. Cici's request to the Council at their October 26th meeting. Possible Options - 1. After-the-fact conditional use permit but waive penalty fee finding Mrs. Cici's problems were created by circumstances out of her control and in consideration of her longstanding reputation within the community. 2. Deny request - advise Mrs. Cici day care can commence on 11/24/87. 850 West Wayzata boulevard • Wayzata. Minnesota 55391 • ielophone: 473-6245 usy toeaver To: Mark Bernhardson City Manager Dear Mr. Bernhardson; I am forced to move Busy Beaver Daycare from the Vineyard of the Lake Church to the Orono Coiiimunity Church temporarily until I can build a nev/ facility. I am asking for permission to move into the Orono Community Church on October 31, 1987. My lease at Vineyard terminates October 31, 1987. I had contacted the Rev. Bruce Olson at the beginning of August inquiring about a possible lease, but hoping that either our construction would start or I could extend my lease with Vineyard, I waited a little longer than I should have. I was hoping that Vineyard would contact me after my attorney, on numerous occasions.tried to contact them about an extension of the lease. I have talked with the Licensing Consultant, Pat Shamion, and Tom Jacobs has inspected the Orono Community Church while Rev. Bruce Olson and I were present. Because there is no sprinkler system available my licensing ca.iacity wouldbe for 26 children and three staff persons. I am asking for ycur help, so I will be able to move into the Orono Community Church by November 1, 1987, otherwise parents will be without daycare. Tom Jacobs has inspected the premises for Fire Safety, Rev. Bruce Olson has applied for a Conditional Use Permit and I have been in contact with the Human Services Department and can be relicensed as soon as we have the Conditional Use Permit. I have been preparing for different pcssiblities, but I have been hampered by difficulties and slow processes. Since I have run the day care center in Orono for 9 years according to laws and regulation I would appreciate any of your help to speed up the process in receiving the Conditional Use Permit so I car sti' to the community. Sincerely, Ingeborg tici O-./ner/Di rector October 7, 1987 STATE OF MINNES DEPARTMENT OF HUMAN S 444 LAFAYETTE RO p© IM per I 31987 8T. PAUL, MINNESOTA^SI 55 / Zoning Administrator City of Orono 1335 Brown Road South Orono, MN 55392 Re: Zoning Notification of Application for Department of Human Servees Program License This is to inform you that we have received an application for a program license under Minnesota Rules, Parts 9545.0510 - 9545.0670 for Busy Beaver Day Care, Inc., located at 770 North Old Crystal Bay Road, Orono, Minnesota to provide day care for 26 children, 2i years thru 9 years of age. Issuance of this license is subject to compliance with the provisions of the Laws of Minnesota 1987, chapter 333, Sections 12 and 15 as amended in the 1987 legislative sessions. If a copy of this statute is required, please contact the Division of Licensing. If we do not liear from you within 30 days of receipt of this letter, we will consider this facility to bo in compliance with your local zoning coi'e. Sincerely, r.\u it Barbara Eggiman Licensor Developmental Services Section 612/296-3873 BlVni m AN EQUAL OPPORTUNITY EMPLOYER DHS-24eQ (10-ee) /D To: From: Date: Subject: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabuoth, Building & Zoning Administrator October 13, 1987 #1205 Robert Maxfield, 4175 North Shore Drive - Renewal Variance - Public Hearing Zoning District - LR-IB Pertinent Ordinance - Section 10.24, Subdivision 5 (B) Lot Area: Required Existing Variance 43.560 s.£. 20,000 s.f. 23.560 s.f. (1.0 acres) (. 46 acres) (.54 acres) Lot Width: Required = 140' Existing = 100' Variance =40' or 28.5% List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Application Property Owners List Plat Map Original Paclcet Resolution #2079 The variances were originally approved by Council on November 10, 1986; variance approve 1 expires in one year. The app1 ication involved five (separate tax descriptions' commonly owned adjacent parcels. T!ie applicant sought to create 2 building sites. The one site would retain che existing house on .57 acres on Lots 51, 52 and part of Lot^ 53 ani the remaining building site would consist of .46 acres. The findings and hardships in support of the variances are listed in the enclosed resolution. The factual findings have not changed nor would the conditions of approval. Staff Recommendation - To recommend approval of the renewal variance application of Robert Maxfield finding no changes in the factual findings of the first review, such approval is subject to conditions set forth in the enclosed resolution (Exhibit E). r /• Uci KU C • U f ' y \ I fqS ___ i n H 1 •••/ V.•5‘ <J Receipt m CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $150,00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application)^ ^ Aiter-the-Fact Fees (Double application fee) -- - - - -^ PROPERTY LOCATION Site Address /i/- S~lw/'€. _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ c >n“ iH oo y/ Property Identification Number (P.I.D.) I*-/ ov^f 2-_ _ _ Please check one - Is the property abstract or ^^^"^orrens? Attach legal description to application if not included on required survey APPLICANT . Phone (home) ^ 7 / ~ ? 9'^ Name A'fgA Phone (work) Address; 7^ye City: Zip; ^ ^ OWNER (if different than applicant) Phone (home)_ _ _ _ _ _ _ _ _ _ _ _ Name Phone (work) Address:City:Zip: Date Property Acquired _ _ _/0// /^' 7 (month/year) I (do) (do-note-) also own the adjacent parcels of land.r<T\< r-r (-''ra'r.^ £-i—U l*'m PRESENT USE OP PROPERTY Present Zoning District Present Use of Property rv;<A>irr (••rrrorI a .* t rri lu i- i-'i i iuk. I 7^ “ J. u’W VV» m rcAi rf 7^I %Jt vv yc: A,') I w* • V' V' Other (specify) CHECS^ JL Res'i^en^iki'^’^' L ‘ • 7' n r • ;“i y r*f*» f i ^ “ 7 nu . -7' . 07 \.'7' V ! DESCRIPTION OP REQUEST Describe request in detail: fCflKist' cY~ Estimc;;::id Construction Cost $ fC^ L'i'S c^t: j{ e <7 / cf '/I'tijf VARIANCES REQUIRED ___JU<Lot Area Setback Variances ( Other U^ot V.'idth Hardcover Front Side Rear) HARDSHIP . Describe undue hardship or practical,dif^culty resulting strict enforcement of zoning regulations: KlIu-a'/ 7 nn tyn-rg j,r , Af ift-y' _ (i t X.'L ! L',-rk' <rtfA L t r.! L U r' r e//ft'f — /l tic r-c i/j/_____________________________ DESCRIPTION OP ONUSOAL PROPERTY CONDITIONS. . . .. . . . Describe unusual property conditions preventing compliance with Zoning Code Requirements_ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Prop::rty Owners List of owners within 150' (you can obtain this list frc<m 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. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is n>t complete if the abc information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ P^be ___ _ _ _ _ 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 ds/true and coyt&cx to the best of his/her ZZTZ.KutAUZz/ „„7^ / z- OWNERS SIGNATURE .. ‘ / The owner hereby ackowledges and agrees to this appliccition and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members', and Counci^me^ers for purposes of investiga tion and verification qf /th^s req^sty^ /' , / Owner's Signature IZf _ _ _ _ _Date ^ Applicant must have all submittc^'s into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and CounciJ, and, if an applicant is unable to attend a scheduled meeting, to please make arrange ments to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. w a 2 o > a oo X3 o 3 2 J O *- U tr xi Cl «• w mb :u > 0 Hj 1 >JIrv> 04 4> oo 0 vj 1 Vi I |V> 04 4> oo n ^ o ^ oi c.> 3 m 73 CO m D* i;£ O 04 o 0» o^ o v4 I U1 01 04o a 73m a J3 M :k to I- CP M m Ti 2^ m n M f- zm § ^ » I H fv» X U > X3 -< to ^ X ^ Som o i4o o> 3O c; 6 t- r > > 3 2m 7J 04m >o m -U y 3 O ••x' m / ^ — /'TO ^ ;a r. o to >- X M to CJ m 0 vj 1 ms•< M -t1 CO Hm M Z rj 04 o o 04 3 M Nj §Sm cn -H ao VJ1 01 04 01 X X ri 73 0* CPm r- 73 -4 O m fl» < m > O 04^ c> <>a*o vj X ►- M vj Cl I 0 m1 > 3 ^ O *- I'- Xis t- O 04 rn ni X* C® •n 'll ►- Ti -n ^ 73 73 (JO O m rn vj -< • > oi oi 04 » ^ o X »- 3 3 0 1 > 7* X r> X3 X) r 04 H H Om m o r 3 o x> Tj O O O ro § Ml S. >oaa -4>X•o>-<m 73 O ro 3O T3 >ao XJ 3 X*o •-• §§o il y> 3m 01 S M Mgcc C. 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S!r® U £M -T1m 01 Xsm a 33 O Oo Vi 3 S X^ f® m o mo 04 0® V-« Z 04 H H o3 XXz 04 oVi3 5 o X 1z o •-« Ol Z o z *-*X cS oo vlo o z 33 t 01 33 in Cl H r® 01 m X O X 04 04 O' X* m Ol X m s X" 04 O 30 ooo 0® f- ►-» M 01 r® n 04 0® z 5o in Ol X' 01 X* Xocn *0 o X 0 Vi 1 > 01 01z Xocn•o vl I r® 04 > 01 01 x^ 04 O’►HO X 30s oo o S ooo o 5? o 0®o 73m 13 S aS(HI • VI M X' •- 04o« X^o To: From: Date: D Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members Michael P- Gaffrcn, Asst Planning & Zoning Administrator October 13, 1986 Subject: #1084 Robert Maxfield, 4175 North Shore Drive Variance - Public Hearing / 1' : List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Application Plat Map Property Owners List Survey Sewer As-Built Map Hardcover Calculations For Each Building Site Tax Book Information, 1/17/86 and 1974, ‘'nd Sewer Assessment Breakdown Pertinent Pacts: 1. Entire property includes 5 parcels, all separate for tax purposes - all 5 parcels apparently purcnased by Maxfield at same time - zoning has always been 1 acre, since prior to Maxfield's purchase. 2. House sits on Lots 51 and 52, with ample setbacks, 33* from proposed east line and 35' from existing west line. Existing hardcover for Lots 51, 52, and 53 is well within the prescribed limits. Vacant lot (49 & 50) has an allowable hardcover of 6,675 s.f., ample for the intended residential use. 3. Lot Area and Width: Area Width Total of Parcels 45,000 s.f, (1.03 ac. )225' Standards For LR-IB 43,560 s.f. (1.00 ac. )140* Proposed:1) Site With House 25,000 s.f. (0.57 ac. )125' (Lots 51, 52, 53) 2) Vacant Site 20,000 (0.46 ac.)100' (Lotr 49 & 50) 4. Sewer is available and has been fully assessed to the proposed vacant building site: Lots 49 and 50 were each assessed h sewer unit and footage but not the $225 trunk charge (to be charged with building permit). Lots 51, 52, 53 with house were charged 1 sewer unit plus footage and trunk charge. Zoning File #1084 October 13, 1986 Page 2 of 3 5. a) In the LR-IB Zoning District, as of 1984; - 657 existing developed single family residential units - 634 of 657 (or 96%) meet or exceed 0.20 acre - 508 of 657 (or 79%) meet or exceed 0.40 acre - 465 of C57 (or 71%) meet or exceed 0.46 acre - 363 of 657 (or 56%) meet or exceed 0.60 acre b) Recent lot area/width variances granted to common ownership lots in the LR-IB District; Hmstd Lot Vacant Lot Application #813 Smith, 525 Park Ln .71 ac #830 Smiley, 2720 Pheasant Rd .65 ac #1051 Glesne, 1475 Cherry PI .68 ac Maxfield Request. . . . . . . . . . . . . . . . . . . .57 ac .38 ac .59 ac .64 ac .46 ac c)Substandard single separate ownership lots granted build ability in recent history in LR-IB District: Application #607 Bredeson, 1410 Rest Pt Rd .53 ac #632 Hommeyer, 477 Park Ln .52 ac #658 Coddon, 4015 Dahl Rd .44 ac #780 Bloms, 4195 Forest Lk Dr .39 ac #802 Munsell, 4100 No Shore Dr .23 ac #833 Brockopp, 933 Wildhurst Tr .40 ac #858 Howells, 1448 Park Dr .60 ac #873 Clifford, 4760 No Shore Dr .39 ac 1981 1981 1981 1983 1983 (expired) 1984 1984 1984 d) Single separate ownership lots denied buildability in LR-IB District in recent history; Application #820 Fisk, 493 Park Ln .25 ac #912 Hedlund, 3990 No Shore Dr .22 ac 1984 1985 e)Common ownership lots denied buildability in LR-IB in recent history: No contemporary applications found in LR-IB. Discussion : Regarding Access - given that the proposed building site is on County Road 19, a Hennepin County Driveway Access Permit must be issued. Both the County and the City generally prefer a shared driveway to minimize accesses directly onto the County Road. However, the existing bushes make the existing driveway very hazardous for getting out onto the road. Applicant should be advised to contact Hennepin County Department of Transportation as soon as po.ssible regarding the access permit. Zoning File #1084 October 13, 1986 Page 3 ot 3 Regarding Variances - Given the facts as listed in 1 thru 5 above, this application appears to be consistent with other applications that have been approved xn recent years. A second sewer unit was assessed even though the zoning at the time sewer went in was 1 acre. The vacant lot at 0.46 acres is larger than 29% of the existing developed LR-IB properties. Staff ReccMomendations: Staff would recommend approval of lot width and area variance subject to: 1. County driveway access permit to be obtained and submitted prior to Council reviev; of the application. 2. Payment of $225 sewer trunk charge and $430 park fee at the time a building permit is issued. 3. Maximum permitted hardcover of 6,675 s.f. 4. Combination of Lots 49 and 50, and combination of Lots 51, 52 and 53, prior to issuance of building permit. // ’VJU-'V w • CECtificate.CB>£ Survey Tot BO B tT)Y Flf^J D _ Boo k 7JJ. Pogo File, |08i SCF!L£ r'^AO' O - x>e^/v s£r~ = XU o// x^/PL I LOTS 41 ^a/D £T0 > illGHiJJOOO l/Ub N\ / h/ N B TOf^HPi X //E a /a /e PiA^ cOuAjTy) f)M /V BSo~T~P . SCHOBORG )/ 072-32J1 LAND SURVEYING INC. Rt. 2, Qoa t33 OewAMO. 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C 7 I .J4 C‘./C 4. ••7^ i •«. 0 4. 7 * J ‘j *.i' • . > t ^ V* f f o u *'’t • 7 1L c>'‘< ' I!n / / * • ..•n emm City of ORONO mm RESOLUTION OF THE CITY COUNCIL NO. 2079_ _ _ _ _ _ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE #1084 WHEREAS, Robert Maxfield (hereinafter "the applicant") is the owner of the property located at 4175 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 49, 50, 51, 52 and the east 1/2 of Lot 53, Highwood Lalce Minnetonka, Hennepin County; Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.24, Subdivision 5 (B) to permit the construction of a new single family residence on combined lots 49 and 50, comprising 0.46 acre where 1.0 acre in area is normally required, and a lot width of 100 feet where a width of 140 feet is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1084. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 20, 1986, and recommended approval of the proposed variances based upon the following findings: a) The existing house proposed to remain on lots 51, 52 and 1/2 of 53 is located 33* from the east line of Lot 51, 35' from the west line of the east 1/2 of Lot 53, and 55' from the front lot line, meeting the required setbacks for the LR-IB zoning district. Proposed lot area for the existing house is 0.57 acre in this one- acre district, with a proposed lot width of 125' where 140' width is required. The existing hardcover on these three parcels is within the allowable limits. Page 1 of 5 , FT ;-.. l^RONO, City of ORONO RESOLUTION OF THE CITY COUNCIL 2079 b) The proposed building site comprised of Lots 49 and 50 will be of width 100 feet and depth 200* for a lot area of 0.46 acre. This lot area and width, taking into account the required yard area, provides a building envelope of 80* width and I'^S* depth, and would allow up to 6,675 s.f. hardcover, ^ oviding ample area to construct a single family residence without the need for further variances. c) Lots 49 and 50 were each assessed for 1/2 sewer unit and front footage. Lots 51, 52 and 1/2 of 53 were in total charged 1 sewer unit and front footage. At the time of assessment 1970 LS-1, Lots 49 and 50 were considered as a separate building site even though the property was, at that time, vacant and zoned for 1-acre minimum lot size. d) A separate sewer stub has been provided to Lots 49 and 50. e) Both the proposed building site and the site with the existing residence are similar in area to other common-ownership lots which have been approved as building sites in contemporary times in the LR-IB zoning district. f) The proposed new building site on Lots 49 and 50 is larger than 29% of the currently developed properties in the LR-IB zoning district. 4. The Hennepin County Dept, of Transporation has indicated they will approve an access onto County Road 19 for the property. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 H' S^ i City of ORONO RESOLUTION OF THE CITY COUNCIL NO.2079 ORONO 6. The City Council finds that the conditionr. existing on this property are peculiar to it and do not apply generally to other property i>* this zoning district; that granting the variance would i.ot adversely affect traffic conditions^ lightr air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant/ but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. COHCLOSIONS, ORDER AND CONDITIONS Based upon the above findings/ the Orono City Council hereby grant variances to the Municipal Zoning Code Section 10.28/ Subdivision 5 (B) to permit the construction of a single family residence on Lots 49 and 50 of the property/ which lots comprise 0.46 acre in area and 100 feet in width where 1.0 acre in area and 140 feet in width are normally required for construction of a residence; and grants variances to Section 10.24 Subdivision 5 (B) for the existing residence on Lots 51/ 52 and the east 1/2 of 53/ which lots comprise a parcel 0.57 acre in area and 125 feet in width where 1.0 acre and 140' width are normally required/ subject to the following conditions: 1. County driveway access permit must be obtained and submitted prior to issuance of building permit for Lots 49 and 50. 2. Payment of $225 sewer trunk charge and $430 park fee at the time a building permit is issued for Lots 49 and 50. 3. Maximum permitted hardcover is 6/675 s.f. on combined Lots 49 and 50. 4. Maximum permitted hardcover is 7/781 s.f. on combined Lots 51/ 52 and east 1/2 of 53. 5. Combination of Lots 49 and 50/ and combination of Lots 51/ 52 and 53 must be completed prior to issuance of building permits for either building site. Page 3 of 5 r-TT-.'n.. . .-iu.-,>4^^srur.»tr«4 ll|||IMlPM|lffHW»^l'<yi t * i^l‘hi/iM City of ORONO RESOLUTION OF THE CITY COUNCIL 2079NO. 6. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 10, 1987). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and here by agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 10th day of Noven^r, 1986. ! ATTE 3T: ^Tin, City Clerk Property Owner Page 4 of 5 1 M'. wMjajkiiMi ■ n \ m City of OROINO RESOLUTION OF THE CITY COUNCIL NO.2079 STATE OF MINNESOTA ) ) ss. COUN^TY OF HENNEPIN ) On this day of 1986 before me a Notary Public within and for said county, personally appeared A-yccr/e. _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC S*5*5i^ WLLETTE , Xaa?at8g-i MY COMMISSION EXPIRES STATE OP MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this _ _ _ day of , 1986, before me a No^ry Public within, and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC PAMELA J VVfLLETfF ^ NoUtf PudlK • M;nrify}f| Htfinepin County MY COMMTytnUA"lLXPI Page 4 of 4 rvcii ir STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO } I Dorothy H. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have oonpared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said'City Council at a meeting of said City Council held on_ _ _ _November 10_ _ _ _ _ _, 19 86 , and that the same is a true and correct copy of said resolution was duly adopted by said City Counoil at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 21st , (SEAL) II Tos Planning Conunission Chairman Kelley Orono Planning Conunission Members City Administrator Bernhardson Proo:Michael P. Gaffron, Asst Planning & Zoning Administrator Date:October 13, 1987 Subject: #1206 Katherine C. Perry, 2693 Kelly Avenue - Variance - Public Hearing Application - Side street setback variance to construct screen porch with deck above. List of Exhibits Exhibit A -* Application Exhibit B -* Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E ** Building Plans Pertinent Facts - Side Setback Required 35' Existing 33.3* Proposed 32.0' Variance 3' or 9% Discussion - Applicant proposes to construct a screen porch with 3-level deck above and adjacent. Applicant notes that cutting back the structure 3' to meet the setback would interfere with existing windows and doorways in the back vail of the house. Hardcover on the property is less than 10% and is not an issue. This is not lakeshore property and no neighboring lake views will be affected. The proposed porch and decks would not appear to cause a significant reduction in open space in the neighborhood. Staff Recomnendation - Staff recommends approval of the 3' side street setback variance request as submitted based on the findings as follows: 1. Moving the wall of the porch to meet the 35* required setback would place the wall in conflict with existing door and window locations. 2. The porch and deck as proposed will have no significant visual effect on the character of the neighborhood. uuce Uec • u ^ Pee # /SO .nrO_______ Receipt Initials ’TZ^vO CITY OP ORONO - VARIANCE APPLICATION £^.f4-A Initial Application Fee $150.00 ($50.00 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 ^^93 h'eLLy /^\r^friJLE‘ Property Identification Number ,?.I.D.) ^ ^ O O / 'I Please check one - Is the property abstract or ^ f INrini^t Ut t iRcm OFFICE Attach legal description to application if not included on r^uir^----------------------------------------------------------------------------------------------------------------------74 ---- APPLICANT Name Phone (home ) ^ 7/YOU q. PefL/zy Pho„g (work) 3 -r Address: <^&93 /<'(^LL y B/CeiS/d zip: S~S~3 3/ ~ONNER-4JX_^ifferent than applicant) Phone (home) Name Phone (work) Address:City:Zip: Date Property Acquired S'-/V-S7 (month/year) I (do) udo not; also own the adjacent parcels of land PRESENT OSE OF PROPERTY Present Zoning District Present Use of Property f)cs/DaKir/'^L^ Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ OO 0,0<^ Describe request in detail: ^ cl jO'OAje^ c/\ CLU iC 3 jLi (xi/ ci-kYx K < - C^ c^^ Lif-Tre^^ ccj VARIANCES REQUIRED Lot Area Lot Width 4Im« Setback Variances (Front X Side Rear) Other HARDSHIP Describe undue hardship or practice^ difficulty resulting front strict enforcement of zoning regulations: h<TLJL^ /TUAJL-^ Jcro Yi /'lU /o~'f /c-tiff . u rji^ JrxLL.^ ^~ '/iv^ L DESCRIPTIO Describe unusual property conditions preventing compliance with Zoning Code Requirements: (y Tli^ ^ ^z6cX f- fcro CJio^ fcoL . V CiJl<-C Ju^l^ccLO tf-J^ 4JL^( /iti^ (-1 cr^ JU-us^Ci: u,f REQUIRED SUBMITTALS Ci;uF^ ^ i(J)tUL 1. Completed Application Form 2.Certified Property Owners List of owners within 150 ’ (you can obtain this list fi''^m 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. Certificate of survey including hardcover calculations as required. 5. 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. Certification by Zoning Department that Variance Application is complete Zoning Official’s Signature Date 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. Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner’s Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrange ments to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. V *** ' ^ V(aJT) ^ » • *» .•V. % / ■•.0 \ % /V- i /« r B i > .' ^ •»' 0 ^ \ ♦ ^ v: / ^ V / V. > * • » p) 6 / / / / /// / / 6 * ^ ^/«i L=33 / / /O*. • «0 ^ w # / /© i|;..sfir it'■•• ______ ____ _ _ _____ 38#5^ 4^#^/ p nV /. ,\^r _^*_\ |/ \?w\\\\ 111 vr-y'-._ >iS»4 ■v.* ♦ . ' NS9-J5W ...........:t2 S84« 50 S4»4i £•( i«65*S»C 26-m « > ......_____'^A- m M s in in CB 09S Sni r- ofv> in in n» I o o> m m . . ^89"'*- inin \j4 U4 m ^ r ni ^ in >M in < ^m m i>r* e Cla ®sa*- M . - O ft1 o ‘-^fesislO P IH r- onin o m m o lisspsm m > ^ C r* » Iin in 3 CM §221-> in a in U4 U4 §♦oo m CM ^ o cn ► > W ?! 3 M n M f~ S8 3s fM S 04 fM O I <m ^ •- fti ^ f- I5~ inin Ui 04 3 3m m < > 33si •< -< oo 3 S 5 Vr- f 3 nsspr: a mS^ Of > o u in in o;s8s» 01 :f^ I . >> O’ 1, ss “sa. ao m ^ g:i»sM m z S'"nx*0 7c»- _ ■<> r rti ^ *si^5s > ^in < ^in m ^Of a Of p m msMs fMa*««oin m |g in o m ^ ^ b m in s Si ? -< > rn m >rjsi'*-'- inin 041 041 H* o o p .1,^ f' 1»rr m inES n M -<ss fO c» c. o u fM p 0 P inin i. in fM i§ O 033 O P a f M fM inin 04 Of §r: Wf 9 Oin o 5 zfn 1 ism • a 04s 0>M‘ pZ.4M (//no P<KLK ^ Po4-«-H •CAtl Vriy^'iEo . '^J V iKraatxrrarr lamlluibitfU Ofitt 2.! •MfT Ilk oa«sNf,n A«:’^ T» t <f»A4 « W oak ri«c%.r c vi^A[*c mjuu torr• h #asi at :*is mn s#«n tiifUMtft ymiJWitiiM iCTT^maaiirigf&P.^ «j.iua g ifteFTa” <OAOCf. t iBK8Ar*<tifyL - S^CTJOAi Of p^pnsel^ or /irrci^^T Diri.ccri.y^ 771/s /5 C/toS s - *v// ^ ‘d 1^0 V ^ f * '“------------u--(i—~— *lf-------1 ____5 ii-2 t'>" ! ir-"-—■; 'V ‘*.. 'Hk nli f ii"ltr '1^ ^ III i'i'f 'j 4 ?¥ * "N d Mt i?'0 9SW.'iiD \\-=•A, j Vt-= •• ■-— • .--riN i««i }\V- • ■.*r-*« *r- ^ 'V ...\!C- 4Jr'il A J . A. . r /4 TO: ?rom: Date: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator October 15, 1987 Subject: #1207 Gene & Catherine Scanlon, 2815 Casco Point Road ~ Variance - Public Hearing Pertinent Ordinances - 1. Ordinance 39, Second Series - Interium ordinance allowing emergency restoration from storm damage of 7/27/87 through 8/31/87 - Exhibit F. 2. Section 10.22, Subdivision 1 and 2 - No new construction allowed within the 0-75 feet lakeshore setback area. 3. Section 10.03, Subdivision 5 A through J - Non-conforming uses - Please note this section only applies to structures containing non- conforming uses and can not be considered when dealing with conforming structures (residential accessory structures) to be reconstructed in substandard setback areas. Pertinent Pacts - Zoning District - LR-IC Total Area « 14,228 s.f. or .32 acres Hardcover 0-75' area 4,200 s.f. Existing « 116 s.f. Allowed s 0 s.f. (6''x232* of retaining wall ties) 75-250' Area 9,600 s.f. Existing = 4,200 s.f. or 43.7% Pertinent Issues - 1. Applicant was allowed to replace existing walls destroyed with storm of 7/23/87. Under the interium ordinance, staff had no authority to issue building permits for the deck and shed destroyed in that same storm. 2. The shed and deck are considered new construction and subject to Ordinance 10.22, Subdivision 1 and 2: 0-75' Allowed “ 0 s.f. Existing = 116 s.f. approximate calculation by staff of hardcover for walls Proposed = 305 s.f. Variance = 189* s.f. *Shed ■ 49 s.f. (original shed 7'x7') Deck “ 140 s.f. (original deck 21'xl0') Zoning File #1207 October 15, 1987 Page 2 of 3 List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Application Property Owners List Plat Map Building Permit for Restoration of Retaining Wall Profile of Wall Ordinance F, Second Series Cook's Letter Dated 10/12/87 Site Plan Survey Review of Application - ^ On August 26, 1987, staff issued a permit for the rebuilding of retaining walls within applicant's lakeshore yard per authority given to staff in Ordinance 39. The ordinance did not allow’ restoration of structures other than retaining walls within the lakeshore protected area. The request to build decks and shed shall be considered new construction within the lakeshore yard. The applicant notes the following hardships: 1. Steep topography/slopes; 2. Need to provide storage for boating equipment, etc. rather than carry up the steep bank each time. Staff notes the following upon site inspection of the property: 1. Applicant already has excessive amounts of hardcover within 75- 250' zone setback area. 2. Applicant has been provided flat, terraced area within the 1-75' setback area with the construction of retaining walls. 3. Applicant has not requested a stair/access to the lake, such structure must be limited to 4' width stair with safety steps limited to 4'x4'. 4. A lock box structure may be considered by the Planning Commission for security reasons. If hardship is acceptable maintain standards of the code for lakeshore lots divided by roadway - 48 inches maximum height and limited to 20 s.f. Staff cannot find adequate hardships to support request for deck and must recommend denial of 14'xl0' deck. There is adequate flat terraced areas already available to applicant. If Planning Commission finds the security need valid and hardship has been demonstrated, your motion should limit the storage structure to a lock box, maintained e.t 48” in height and not to exceed 20 s.f. in area. Planning Commission may consider asking for a matching reduction in hardcover within the 75-250' setback area (20-j0-;>u S • if • ) •Applicant must also be advised in your motion that access stairway is limited to 4 feet width and safety step to 4'x4'. f (f#7^'- in 0 . tJ ; t 17 V.’fV I :i (i i'-. i* /'•V 7J r V*, t# /V /• i Jii /• Odte kL'c ' d Fgg <^2rvn^________ Receipt _____ I n i t i a 1 CITY OP OR^O - VARIANCE A^LICATION S^*** iU*’ so=-^-^ tf(v<<►*<<»■ Initial Application Fee $150.00 ($50.00 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 2S"/^ C^sr/J ^ Property Identification Number (P.I.D.) ^^•'//7'-J23 OOll Please check one - Is the property abstract or torrens? rjry r.r QfjQ»Q Attach legal description to application if not included on requi^e^YjBi^yji^y. APPLICANT Name Geyr/O^^lyr/,;^ Address; 2S/0 2). City; L7 ■'!V, ■ 9 OWNER (if different than applicant) Phone (home) Phone (home) ^ Can fd/'y _____ phone {viork)y y Ymi . / /:„ M2S^0.. CQQi ROl no:IS ^^ P * ■'■ ■,*.'—I-----—AO /fA /q7 Name Phone (work) Address :City:Zip: Date Property Acquired ^JU/)(l /f ^ ,1 U ^ I (do) no-^ also own the ;>djacent (month/year) PRESENT USE OP PROPERTY Present Zoning District Present Use of Property I Cl Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail; MX/O (^OPLAte4±.h^&yT fc/jAs x7 6u ^ck - roc^G,C f=v^n_ VARIANCES REQUIRED Lot Area Setback Variances ( Other Lot V?ioth Front X Hardcover Side Rear) r HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ V ’«-'r U-. —r/>e ^ f-vr r •» i •* ^ I '' I-I T^r ■ 'u- ^ f\r^ •£.i<nOP.if ' C' ^:'\r i ' t,-f DESCRIPTION OP UNDSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,.T?T. r-" -7 T<L-'rr^->7'/ REQUIRED SUBMITTALS 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). Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 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. Certification by Zoning Department that Variance Application is complete. Zoning Official’s Signature Date 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 )cnowledge. Applicant's Signature ^X, Date ^ OWNERS SIGNATURE The owner hereby aclcowledges and agrees to this application and further authorizes reasonable entry onto the property bi City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature Date ^ ^ 7 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must bo present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please ma)cc arrange ments to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. 11 1 nI 1 1 x>- in -dd r CITY OF ORONO 1335 Brown Rd. South • P.O. Box 66 Crystal Bay, Minnesota 55323 (612) 473-7357 PERMIT TYPE: ^6001°^ Permit Number: 08/2€*/87 Date Issued: SITE ADDRESS:2315 CASCO POINT RD D T M f -7n-i 1 DESCRIPTION: Building Permit Type Building Work Type 8F-LAND ALT STORM DMG REPAIR FEE SUMMARY: CONTRACTOR:00000000 — Applicant — GENE 2815 CASCO POINT RD JAYZATA MN 55391 <512)471-8258 ^WALL'^^^i^T SHOULD NOT EXCEED 6' FOR EACH SEGMENTBE PLACED ABOUT 12" ABOVE THE GROUND FOR EACH BENT, PER CITY ENGINEER THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE REAL IMPROVEMENTS SPECIFIED AND AGREES TO DO ALL WORK IN STRICT <^-^PLy^NCE WITH A^^ OF ORONO ORDINANCES AND STATE OF MINNESOTA BUILDING CODE RE«.‘UIREMENTo. APPLICANT/ PERMITEE SIGNATURE ISSUED BY: SIGNATURE (■{ all lalDor) / 1/2"ACC nr': DRAIN I / / / ^ /» /T * ^ B., ■MXLAY COMPACTED •4 VIRGIN SO/l LINE . CCNi^ETS TIE BA CH V. • L I ; 1h c f ORDINANCE NUMBER 39 , SECOND SERIES AN INTERIM ORDINANCE ALLOWING EMERGENCY RESTORATION FROM STORM DAMAGE COMMENCING JULY 27, 1987 THROUGH AUGUST 31, 1987 The City Council of Orono Ordains as follows: The municipal code of the City of Orono is amended by adding ordinance Number 39 , second Series: SECTION 1. STATEMENT OF POLICY. The City Council shall waive certain standards of Section 10.03 Subdivision 19' and Section 10.22 Subdivision 2 in order to allow emergency restoration of lakeshore and non- lakeshore yards damaged by the severe storms that entered the City on July 23, 1987 and July 26, 1987. Staff is hereby directed to issue general permits for land alterations based on the following guidelines: a. Filling and grading in excess of 100 cubic yards to permit restoration to original grades when feasible. b. Filling and grading within 75 feet of the shoreline of 311 lakes to permit restoration to original grades, such restoration may reguire installation of retaining walls, the City Engineer shall review all permits seeking use of retaining walls. SECTION 2. This ordinance shall not be interpreted to include the restoration of structures damaged by these storms and located within 0 to 75 feet of the shoreline of all lakes, except for docks that shall be rebuilt per current standards of the Lake Minnetonka Conservation District. SECTION 3. The City shall waive the payment of fees for all general permits that involve land alterations under this ordinance. SECTION 4. A public hearing has been scheduled before the Planning Commission on September 8, 1987 to review a proposed permanent ordinance that would establish guidelines and procedures for the City to follow in cases of natural disasters. SECTION 5. This ordinance shall be effective beginning July 27, 1987 and shall terminate on August 31, 1987. SECTION 6. This Ordinance shall be published in the Laker and Pioneer newspapers and shall be effective immediately upon publication. Adopted by the City Council of the City of Orono on the 27th day of July, 1987 by a vote of 5 ayes and 0 nays. ATT ST:jamds R. Grape-k>--Mayor otfiy'f^Harrin, city Cl^'rk Publish in the Laker & Pioneer newspaper the week of August 17, .1 _ _ _ 1987 l! • I*•ll•i! ^ I Bonestroo B^jRosene Anderllk & |\]| Associates Engineers A Architects Ono G. Sonettroa Eohert W Eosent. EE Joseph C Andffiili. PE Bfsdto*d A LemPerg. PE ffichjrd E Turner. PE James C Olson. PE Glenn E CooE. Pf Thomas E Noyes. PE Eooert O Schunicht. PE Marvin L Soivaia. PE Keith A Cordon. PE Eichard W fofitf, PE. Donald C turgardl. PE Jeny A. Eourdpn. PE Mark A. Hanson. PE Ted K Field. PE Michael T Eautmann. PE Eobert E P/elferie. PE David O Loskoca. PE Thomas W Peterson. PE Mithaef C. lyrKh. Pf James E Maiand. PE. Kenrscth P Anderson. PE Knth A Eachmann. PE Mark E. Eolfs. Pk Eobert C Eussek. AI.A Thomas E. Angus. PE Howard A. Sanford. PE. Charles A Erickson Leo M. Pawetsky Harlan M Qison Susan M. Eberim Mark A Sety 6 October 12, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re:File #139-1207 G. Scanlon 2815 Casco Pt. Rd. Dear Jeanne: We have reviewed the application for the property located at 2815 Cosco Point Road. The applicant is requesting permission to re-construct a deck and storage building in the 0-75' area of the lot. There is not adequate information available to make a detailed review. We should have information on the deck and building design along with elevations and distances from the lake shore If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLTK & ASSOCIATES, INC. Glenn R. Cook GRC/jo Enclosure 7192e % A 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636-4600 X To: 13 Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Frooi: Michael P. Gaffron, Asst Planning & Zoning Administrator Date:October 13, 1987 Subject: #1208 Michael Sayler, 1990 Spates Avenue - Variances - Public Hearing Application - This is a request for a side setback variance to construct a 4'x6* entryway porch on the front of the applicant's residence. 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 Sketch Submitted by Applicant Staff Letter to Applicant Dated 9/23/87 Construction Plans Listing of Pertinent Dimensions Letter of Support From Neighbor Dan Crear Pertinent Facts - Side Setback: Required = 30' Existing House = 5.7' (right side); 8.3' (left side) Proposed Addition =* 19' (right side setback); 23' (left side setback) Front Setback =61.8' (no variance required) Lot Width = 48' Discussion - The applicant is requesting side setback variances in order to construct a 4'x6' entryway addition to the front of his home. The existing lot is 48' wide, hence the required 30' side setbacks overlap and it is impossible to do any construction on the property without obtaining a variance. The proposed 4'x6' entryway is approximately the same dimension and is in the same area as the existing front door step and small overhang. The addition will have a 1' overhang on each side of the 6' width. The addition will be 61,8' setback from the front lot line and does not require a front lot line setback variance. The applicant has had a surveyor verify the setbacks to the existing house from the front and two side lot lines but has not submitted a certificate of survey. The proposed entryway would appear to be appropriate for the house from an energy efficiency standpoint and will not have any significant effect on open space, light or air in the neighborhood. (As an editorial comment, staff would note that if the Crystal Bay Area would be rezoned to 1/2 acre or even 1 acre standards that require only a 10' side setback, we would not require a variance in order for this minor addition to be accomplished). Staff Reconmendation - Staff recommends approval based on the increased energy efficiency of the home created by this entryway and based on the fact that there will be no significant encroachment on light, air or open space in the neighborhood . - * - r C.V? I * < f-I DdLU KeC- U Fee I. ■.. ,••>Receipt /. . . . . .'■> v‘ -J Initials CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 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 S /jC^^ Property Identification Number (P.I.D.) P.3 S / Please chec)c one - Is the property abstract or torrens? Attach legal description to application if not included on required survey. APPLICANT Phone (home) Name fvl!cj'fiz L SA^_ _ _ _ _ _ _ Phone (work) V7 ) • Vc 7-S' Address; ^ 5 //VV_ _ _ City;Zip; *Tr *>/’/ OWNER (if different than applicant) Name * £ /f S /< Phone (home) Phone (work) Address:City; tiTr ut Zip; OFFICE Ji fT Date Property Acquired (raonth/yea^ff) rr.y j^o. 00 rucrk’Jl frr» n{\A w'V • VV*I (do) (do not) also own the adjacent parcels of land. vmi __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRESENT OSE OP PROPERTY Present .Zoning District Present Use of Property AR-/A o:s6^o aoi r<oi mn? 09/25/S7 Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail; VARIANCES REQUIRED Lot Area Lot v;idth Hardcover Setback Variances (Front Side Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; L'J-- - - - - DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements;_ _ _ _/• > _ _ _ _ _ _ _ _ __ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form 2.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. Pie? remember that your variance application is not complete if the abc ,e information has not been included. Certification by Zoning Department that Variance Application is complete Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ Date 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 )cnowledge . Applicant's Signature Date OWNERS SIGNATURE ^ ^ ,.kThe owner hereby ackov;ledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission merrbors, and Council members for purposes of investiga tion and verification ,this request. _ _ _ _ _ Date fA A /Owner's Signature It, Applicant must have all submittals into the City offices 25 days before the Planning Commission Meetinr. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the ii*;nning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please malce arrange ments to have an ant loritt-:* agent attend in your place and to advise the Building & Zoning Office this change prior to the meeting. k tcjle fitt X Co40h »- -/.v'/ ^ . A* 7/ ^C*'I°,M»/ ''•"-j/ " -// *>I rt' o o :o M 'I "> N •< >> ni X a a z > a f*t ^91 gan z n.wz M O Ooo (/I ui m ni o u4 o s •• S S g ® IMm u So |5 IM Oo o a ^ IM rj Z ^ O X O 04*llls* 3 ■o ‘"So SSSmS ? SsssaS25a^ m 04 ) Z IM Z Z O M > O M M IM O gS9S isli°r i3"=^5s5 04 e<oo ■nm o IM O-< o N o X n > M M O *— H 4/1 m m c > -o H H I H O C/M/l »-• m TJ TJ “O ^ «>5- m m 01 01 c > o u X <1 r* 01 Q ^ V z oS ® 2: ^ £ O _ Z o ►• 01 X m o z m -4 I S 3 r- 01 ►-m r* m X -sm 01 g I 01 M 01 Z IMvn 2 #• m 0404 m _ p _ ^ > H ^^ a > z IMz z H ni Z IM 01 O a M > o m m IM o § o a 8 2 > O Q O ►* caaa^^|n,r,n,ws»SoS§|2<0 zH- M < m % Q O Z O i» ►- nm 5 - > ► •-* H____01 ^m X X z ^ 01n 04 <0 m ni m z z > 01 01 < SS"’ I IM 04 •- O 0 01 z 3 o o 01 > O M 0»-<-----------QQ^ o X z-< ^ ^> m o ^ 01 m > o z I5 z r- 5S* > ui 01 04 m Zm 01 > 0* 01 >- Z N . I H IM d m 04 n ^ 01 z > m <> ni o 01 z o►-<0» mz 1 I o IM O N.s2 zm 3 i§m • zM 01 o 1 if ;» \) I i f • \'\ ^ ■ » = II ‘ I ‘ 11 ■ 1 ^1 ' t M> *1 W t’-i /ww C s’ fti ') t’l S'K€^^'^ S u 6 iAv i Q^ot tt> scAc-^ C5ie sy i?-T70 aJ^ ti «l » I« • I iLg^ r 1 /? n h -t %^’. ffT » / •,J nmm j j CIT^of ORONO QRONO Post Office Box 66*CrysUil Bay, Minnesota 55323*Municipal Offices On the North Shore of Lake Minnetonka September 23, 1987 Michael Sayler 1990 Spates Avenue Wayzatar MN 55391 Dear Mr. Sayler: The Building & Zoning Department is in receipt of your application for a building permit, which was received by this office on September 23, 1987. A review of the application finds the following is needed for approval: Variance Application Required ** Contact Zoning Department Immediately 473-*7357 - Addition does not meet 30* side setback requirement for LR**1A zone. Review of your application will not continue until the noted Item are received. Failure to submit required item immediately may result in delays in Issuance of permits. Please contact the Building & Zoning Department at 473*7357 if you have any questions. Asst Planning & Zoning Administrator MPG/tln BUILDING A ZONING - 473-7357 ASSESSING administration & FINANCE - 473-7358 PUBLIC WORKS - 473-7359 h 'r' ^ , L ' f •*1• i•1 4 r ■ - - M .L • • 5eu><M S.„ M.■f t i-< • I tJ f) C • ‘ fHPM t: * • f . • . /•* A J ^ - ^UPS- \l*''o,C> ihUilL' f . M • *•• • ...... S'- ••:••.:■:>•• •* >? •r / » .• » *> V... J* Rrio i»kuL '■ •••■ •* 'si. , ^ .. • . ^ 4* J «1i* •' .1 I »r .!• Klf/| 4S-T ii-t^^lU H46UL ^ £fP^KKpt> . S < 1 • -* '^- - /- i.v . >,i Attn. Jeanne Mabusth: Lot 15 was surveyed on Tuesday Sept. 22nd by All-Metro (475-1433). Proposed front entry way falls well within 50' set back requirements. If you have any question Phil Nelson at All-Metro will supply you will the necessary documentation. Thank you! Mike Sayler 0 v\'p^,^ (-TV <!#<-■• 6 (• / ^ -TZ> <ZfP^y * Vb't /.(pT laj t c> tt4 Pe^^ ✓ / f r -_•. J-/'.^ id' r< ri I 7d; M- /X7B -^/LOC ^ /CD 0^^h:X/i7 O/d -fO Mt-A zi(//c/2 /bO ^ M/i/iD y^S )¥d/Pf^<r /CDd/ld 2t/^iMd/C •7^ /hus^dT, /& /hM/UC /buy ^e^77(xJ2 /k^c-yCsdC yyUfyd yo dMdT^V 6=^55i^C S^rf;^ 5 1 ■*- -*■“ t'A-^nI V- Tbs Planning Conunission Chairman Kelley Orono Planning Conunission Members City Administrator Bernhardson Proa: Date: Michael P. Gaffron, Asst Planning & Zoning Administrator October 13, 1987 Subject: #1209 Mark & Tina White, 2150 Prospect Avenue ** Variance - Public Hearing implication - Side setback variance to construct a sunroom/porch. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Diagreun of Structure Locations in Immediate Neighborhood Pertinent Facts - Side Setback: Required Existing Proposed 30* 12.4' 8.4' Zoning District - RR-IB, 2-acre sewer. - This property is served by sanitary Discussion - The applicants are proposing to construct a solarium addition 4'xl8.4' along the east side of the house. The neighboring residence to the east is approximately 20' from the lot line so this vii2 1 not create a dense visual condition within the neighborhood. The proposed addition does not conflict with any existing utilities. The well is to the northeast corner of the house; septic system was to the rear. Applicants have not discussed why the proposed sunroom must go on that side of the house, although, it would be relatively inappropriate to have a sunroom on the north side of the house and it would be shielded from the sun by an existing garage on the west side of the house. It would require a variance to be located on either the east or south walls of the house. The proposed sunroom is approximately 8' in height and would not tend to diminish light, air or open space in the neighborhood. This addition would require a side setback variance in any of the zoning districts within Orono. The minimum side setback in even the least restrictive zones in Orono is 10' for principal structures. Staff Rec<xnmendation - Staff recommendss approval subject to applicants providing sufficient ■Justification that a hardship exists and that this is the only feasible location for the proposed structure. Staff would note that the neighboring property owners have been notified and as of this writing have not responded with any comments. A JJ Udte KCJC ■ u ^ Fee /<rO , CTO Receipt Initials T?JO CITY OF OROilO - VARIANCE APPLICATION /^o‘=} A Initial Application Fee $150.00 ($50.00 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 s O Property Identification Number (P.I.D.) 10 l\ 1 ^( QQ 1 *1_ _ _ _ _ Please chec)c one - Is the property ^ abstract or _ _ torrens? Attach legal description to application if not included on required survey. APPLICANT Name "H U. Phone (home ). « ?fe - O [f CROUP , ^ ^rrkhs\;rc nccrr ___ Phone (work) ^ -;r CuM A M IvfV'm \/V Address I j3jjjt_jSjas__________________ City; Cigjc-4<L.f Q&a /1 U'V' ONNER (if different than applicant)Phone (home) frrtf-f6i^m2S720 cool ROl 703:57 09/25/37 Name Phone (work) Address :City;Zip; Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District i A^gwrH.C-\ Present Use of Property _ _ _Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ fePQ Describe request in detail; VTijr\df\C.g oP Sofbacfc. VARIANCES REQUIRED Lot Area Lot V7idth Hardcover Setback Variances (Front Side Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; iv>ciLg _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; ^ V ife9 (c4»_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ R 1. IRBD SUBMITTALS Completed Application Form ^2.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. Certificate of survey including hardcover calculations as required “^5.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. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her )cnowledge. Applicant's Signature Date OWNERS SIGNATURE The owner hereby ac)cowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature _ _ _ _ _ _ _ _ Date ^ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrange ments to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. CiR kd-EK i4-7$0 L.B A SO yvssT 7RT 4jcr_ MOSiTEREY,. { ' ON 4 n>»tNNU4/;KA 11 Sb 1 ?■« • 4C* MINNETONKA &c ” - .f'J, 5I IO(^ 4&RYiST g 2-'- - « 4 |4= 7 R‘ TTTtTTTT ■a- - •V •».* . \j> ^CRYSTAL ».B 4i20 » V (1*1^ u ^JTJ PROapECT K •. II r s ! »T & ♦j: W'’ *j\K ' I'iso SI •ic °CA •V ;•o ■^ / ^- \- £|i ^ P/m if" 8i:iT“o: 1^5si O f> -p *p T' 2 o ODa: D 8" ^-T j...bO 414 h Of O&m 1 1 h I, i.. \ j-wesoa,)^ad?<»S>J OSIX-as^-anWi^n " b^4>r- Qokr^wyrycl L*P9tjScra>^ OZ-^'?-Q9i;> •"• //«.:'V / r 1 i\•\ i';\- , \ I >i“ ■ '• ' < ,1% • ,; ,t »\% / s 'X I I f* .V ( —* la : *, A* •'’*■'^C>* . ‘V */• /» • 1/ *:vsjc N 0 Vr. 7 ¥ ^ /> ":-.1 \ / " i ~( N— y,yir • *•..» f f ,y. * 0 -V 3 ‘m^ ?5 5 V- ,i-\\ ^ 5 > L i.L - r.j •,s 0 •:5»r . t ‘.V ’gr r^r 3 0 k) * '/•t/)n) 1 •+-> % Q 7^ -t; *o I A' f To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson I i From: Date: Jeanne A. Mabusthr Building & Zoning Administrator October 13, 1987 Subject: #1210 Charles Jones, 3129 Casco Circle Conditional Use Permit - Public Hearing Pertinent Ordinances/Variances - 1. Section 10.22, Subdivision 1 • Lakeshore Setback Regulations amended July 14, 1986 B. No principal or accessory structure shall be located within 75 feet of the lakeshore nor closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. Average Lake Setback - Allowed = 0' Proposed = 48* 2. Section 10.20, Subdivision 3 (G) - Guest Houses G. i) 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 guest. All regular lot requirements shall be met by the guest house. Lot Width - Required Proposed Variance 100' 60' 40' or 40% 3. Section 10.25, Subdivision 6 (B) - Lot Requirements. Pertinent Facts - Zoning District *= LR-IC Total Area = 2.47 acres r Zoning File #1210 October 13, 1987 Page 2 of 4 Hardcover - 0-75* Area » 27,900 s.f. Allowed ■ 0 s.f. Existing * 344 s.f. or 1.2% Proposed » 0 s.f. 75-250* Area = 50,000 s.f. Allowed * 12,500 s.f. Existing Proposed 3,501 s.f. or 4,951 s.f. or or 25% 7% No Variance Required 7% 9.9% (2,536 s.f. remaining; 2,415 s.f. new) 250-500* Area « 29,880 s.f. Allowed » 8,964 s.f. or 30% Existing *= 1,740 s.f. or 5.8% Proposed = 2,940 s.f. or 9.8% No Variance Required Pertinent Issues - 1. The applicant seeks approval of multiple variances with the current conditional use permit application for a guest house and/or a proposed future subdivision. 2. The applicant contends that a tennis court with awnings along the fencing creates a lakeview obstacle for adjacent residence structures but that the City's ordinances do not take existing accessory structures under consideration when determining average lakeshore setback lines. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Applicant's Addendum Property Owners List Plat Map Staff Sketch Surveyor's Sketch i r Zoning File #1210 October 13, 1987 Page 3 of 4 Discussion The applicant seeks a conditional use permit to allow the construction of a guest house, non-rental unit on his grandfather's homestead (Peter M* Dougall) totaling over two acres in area. Mr. Dougall woul ^ like his grandson near him (close by); review applicant's addendum. The property is located in the LR-IC zoning district requiring % acre in area. Per Section 10.20, Subdivision 3 (G), in selecting a site for a guest house, the structure must meet all lot requirements. In other words, if the property was to be divided in the future, a lot could be created that would satisfy all LR-IC standards - lot width of 100 feet; lot area of H acre, side setback of 10 feet, rear setback of 30 feet. The lakeshore setback is governed by the minimum 75 feet setback and the average lakeshore setback determined by existing residence buildings. The applicant has presented a proposed 3 lot division of the property. Lot 2 is severely restricted by the location of the adjacent residence structure on the lot to the immediate north. If the house was to be moved closer to the lake where the lot line has been aligned to a 100 feet width, the average lakeshore setback variance would be even more excessive. Note that vhe new guest house has been placed along the same front line setback as the existing guest house/cabin. There is no record of a conditional use permit ever being issued for the existing guest cabin. Staff has discussed the dilema of the average lakeshore setback line with the applicant. He has been advised that proposed Lot 1 would be a simple, quick remedy to the setback problem as the house would be located far out of the lake view line. Jones advises that when the property ownership changes, a 3 lot division is inevitable. His grandfather's house is in excellent condition and would most likely not be rebuilt. The obvious conforming building pad for proposed i-ot 2 is closer to the lake. He asks that the City consider the issue of the average lakeshore setback with the current application. He proposes the guest house no closer than the existing cabin but at that location the future lot cannot meet the required 100 feet width because of the proximity of the Dougall residence. Elevations of the proposed house are a necessity in dealing with average lakeshore setback matters. Hopefully, Jones will have these for consideration at your meeting. The neighbor to the north has not submitted anything in writing concering this proposal. The owner's attorney, Bruce Thompson, has visited the office to discuss the application. We have been advised that Mr. Howard is greatly concerned that the proposed house will restict his view of the lake. Staff has noted that the new structure will be 10 feet instead of 6 to 7 feet from the side lot line. Note that retaining wall structures on Howard property encroach the Dougall property along the shared lot line. The elevations are such that a single story residence may have little effect on the lake view windows of the Howard residence but these are concerns that have yet to be addressed by applicant. MtfnM rfmj > Zoning File 11210 October 13, 1987 Page 4 of 4 Issues that should be addressed for applicant at this review - 1. Is a conditonal use permit application appropriate? a) Guest house will be a non-rental unit while ownership remains under Peter Dougall. 2.Should applicant be advised to file a subdivision application? Will you approve a building permit to be issued for new residence as City did for Michael Plank with the resolve of the conditional use permit application? 3« Does the existence of the guest cabin on the property have any bearing on consideration of the average lakeshore setback line? a) The cabin existed when the Lear home (now Howard) was built. b) What if applicant proposed a major non-lakeshore addition to the existing guest cabin? 4. Should the presence of the tennis court, an accessory lakeshore structure, have any bearing on consideration of the average lakeshore setback line? a) The applicant contends that awnings placed along the fencing of the tennis court in the summer months certainly create lake view restictions for guest cabin. b) The tennis court was installed prior to the 1986 amendment of the code that would have included accessory structures under the average lakeshore setback standard. Note accessory structures are placed in relation to existing residence buildings. 5. Applicant should be advised at this review if the Planning Commission under no condition would create a new lakeshore lot and at the same time recommend approval of an average lakeshore setback variance. If this is the case, applicant should be advised to locate new guest house so that it will conform with the average lakeshore setback line and . recommend approval of the conditional use permit for the guest house. If the Planning Commission finds the hardships noted by the applicant to be sufficient, the application should be tabled pending information on building elevations and view elevations from Howard residence. ri ‘ tu-;rr VI——-'I' L. I1 c“^ i ■\j Ii”rr>0 ;9- CITY OP ORONO GENERAL LAND USB APPLICATION PROPERTY LOCATION Site Address 3129 Casco Circle rrrv nc nonuni/i I I ui ui\wnU TTr^^CE OFFICE Property Identification Number (P.I.D.) 38 20-117-23 3fl 00Q)9 CEH 100,00 PACU TJ ^00 00 Please check one - Is the property y abstract or ^^^^^^....'tQgrejxs? (for Conditional Use Applications only) ,\LEE1i i-inFm lOuiTt.1. M02S710 cool ROl T0S:50 Please attach legal description to application if not includei3P''<s ‘^^^ required survey. APPLICANT S.^ Name Charles R. Jones /•/ >f • f . Phone (home) 471-7987 Address 2801 Casco Point Road Phone (work) 472-7324 City Ornnn_ _ _ _ _ Zip 55391 OWNER (if different than applicant) Name Peter M, Dougall Address 3129 Casco Circle Phone (home) 471-qtab Phone _ City 333-0568 Orono Zip 55391 Date Property Acquired 1957 (month/year) I (do) (do not) also own^the adjacent parcels of land. owned one not •• •• •• •• •• •• •• •• *• •• •» «■» ^ MB «■» mm mm mm mm mi FEES - CONDITIONAL USB PERMITS $100.00 a)Residential accessory Use $150.00 b)Institutional (church.school. $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 Review (+ consultant fees) _______ $250.00 Vacation _______ $150.00 Easement Vacation _________ $ 50.00 Easement Vacation with Subdivision ________ $250.00 Rezoning ______ $200.00 Appeals ._ _ _ _ Other - see fee schedule rI* \k PRESENT USB OF PROPERTY Present Zoning District R-1 Present Use of Property Residential Other (specify) V DESCRIPTION OP REQUEST Describe r*- ucit in detail: see attached REi 1. fIRBD SUBMITTALS Completed 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) 3.Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construjition plan, if applicable. 6. 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. Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPTi..:ANT*S SIGNATURE Th“.: 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 supplij^d^is true ^-ai\d correct to the best of his/her knowledge. ^ Applicant's signature Date OWNERS SIGNATURE The owner hereby acknowledges aifd^^agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigCitlon and ve:^ificatio^r oifcthis request. Owner's signature srificatio^ ofsjhi OL^C-Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present rt all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. I I ## - Jr L '>) i » ff^' Request is to remove and replace existing guest house and tool shed with a new structure with the intention of eventually subdividing parcel into three buildable lots. The width of the present parcel is well over 200 feet at the proposed building site making it appropriate for subdivision. There is also enough lakeshore to give two of the buildable lots lakeshore of 100 feet. Reason for request for conditional use permit instead of subdivision at the present time is that applicants grandfather# Peter Dougall# is occupying the main house on the lot and would like to have relatives close by. Peter Dougall does not plan to rebuild on his lot at the present time.. 1 1 P t P9 T 117-R.25 ^2 0' m 3 S ^ ^ -n *2 5co f I TO: Fron: Date: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator October 13, 1987 Subject: #1211 Gerald Neslund, 1225 Orono Oaks Drive - Conditional Use Permit/Variance - Public Hearing Application - Conditional use permit and variance to construct a driveway through a designated wetland to serve vacant lot. List o£ Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit £ Application Plat Map Property Owners List Survey Including Topography and Driveway Location Proposal - Staff Skes.i-’’- Pertinent Pacts - 1. This property is zoned RR-IB, 2 acre unsewered. 2. The plat of Orono Oaks was finalized in 1978 or 1979. At that time the wetland shown within the drainage easement on Exhibit D was designated as a wetland, although it had not appeared on the City's designated wetland maps. That wetland in Lot 7 also extends into the next lot to the west. Since that time the area of the wetland appears to have increased, there being cattails and other wetland vegetation throughout the area shown approximately below the 952 contour on the property as well as on the property to the wezc. 3. This application results from the fact that Lot 7 does not have an easement from the property owner to the east for use of the easterly property to create a driveway on high ground. Creation of a driveway that would skirt the drainage -casement would in fact create a longer driveway that would affect a greater square footage of the wetland as it exists today. Therefore, the application was presented with a driveway that cuts directly across the wetland at- the shortest location, which would disrupt the least extensive amount of wetland. 4. There is a culvert underneath Orono Oaks Drive approximately 100' west of the cul-de-sac and a drainageway that continues northerly. It would appear that the water elevation of the wetland in Lot 7 would have to be approximately elevation 951.1 or higher in order to drain out of this wetland and to the north. Zoning File #1211 October 13, 1987 Page 2 of 2 5. City Engineer Glenn Cook has revi«' ed the proposed driveway location and has walked the wetland both within and outside the existing drainage easement area. He concurs with staff that the wetland area is more extensive than previously existed and that it is appropriate to allow the driveway to cut across the existing drainage easement in the shortest, least disruptive way possible. Glenn's comments also were that the 24" culvert proposed under that driveway should be reduced to 12" in order to provide some additional flood water retention or storage area. Glenn also recommends that an area equivalent to the area of the proposed driveway be granted as additional drainage easement/designated wetland along the north, east, and south perimeter of the existing easement as shown in the staff sketch (Exhibit E), 6. This proposal has been submitted to the Minnehaha Creek Watershed District. Applicant should be advised that a watershed district permit may be required. 7. The applicant's surveyor has calculated the area within the property and above the 952 contour as 2.6 acres of dry buildable land, hence, granting of an additional conservation and flowage easement below 952 will have no effect on the buildable area of the pi.^perty. Staff would also note that because of the elevation of the drainageway and culvert underneath Orono Oaks Drive and because of the apparently variable nature of this wetland, it is net necessarily appropriate to require a wetland easement all the way up to the 952 contour at this time. Staff Recommendation - Staff recommends approval of a conditional use permit and variance to allow the proposed driveway location cutting across the shortest route to gain access to the building site on Lot 7, Block 1 of Orono Oaks, per the proposal. Staff would further recommend the following conditions on that approval: 1. Culvert underneath driveway to be 12" in diameter. 2. Applicant is advised to contact the Minnehaha Creek Watershed District for any permits they may require. 3. Proposed driveway shall be no wider than 14' at the driving surface and shall maintain 3:1 slopes as proposed by the designer. Total width of the corridor taken up by the drivew'.y and fill shall not exceed 35'. 4. Applicant's surveyor shall describe by metes and bounds an additional area of wetland to be designated by drainage easement and through a conservation and flowage easement equivalent to the area between the 952 contours that will be obliterated by a driveway. Applicant shall grant a flowage and conserv.ition easement over that additional area. #1211 Date Fee Rec' d£^d^?-P.vj^7 'd Receipt Initials CITY OP ORCHO GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 1225 Orono Oaks Drive Property Identification Number (P.I.D.) 35-118-23-34-0012 abstract or ^Please chec'; one - Is the property _ _ (for Conditional Use Applications only) torrens? Please attach legal description required survey. to application if not included on APPLICANT Name Gerald Neslund Address 7918 East Bonita Phone (home ) 602-949-5665______ _Phone (work ) 602-835-7625 ______ City Scottsdale# AZ 2ip 85253 OWNER (if different than applicant) SAME AS APPLICANTName Phone (home) Phone Address City Zip Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. mm mm mm mm mm ^m mm mm mm mm mm mm ^m mm mm ^ mm mm mm mm mm mm mm mm mm mmm ^m ^m mm mm mm mm mm mm mm mm ^ mm ^ ^ mm ^m mm mm mm ^m ^m ^m ^m mm mm mm FEES - CONDITIONAL USB PERMITS cm OF vFom $100.00 a) $150.00 b) $150.00 c) $250.00 d) $200.00 f) Institutional (church, school, etc.) L nccjrcr alt/VMCL. I xLu 1 T- •|TvV-),“.V> H i w' wA'ta V V W V •? Qi OEM 200. CO 'HECK TL 200.00 Commercial/Industrial Use HECEIPT-TH^K YOU K02S760 cool ROl 712:54 09/25/37 Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75* of lakeshore _______^ ^ ,D /2_(/oo<4^ !K» eeti ^rc. /O.S% 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 _ _ _ _ $250.00 Rezoning _ _ _ _ $200.00 Appeals Other - see fee schedule PRESENT USB OF PROPERTY . q Present Zoning District Present Use of Property Other^Jspeci f DESCRIPTION OF REQUEST Describe request in detail: to construct driveray across wetland to provide access from Orono Oaks Drive to future building site. REQUIRED SUBMITTALS 1. Completed Application Form. 2.Certified Prmerty Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) 3.Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. 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. Certification by Zoning Department that Land Use Application is complete Zoning Officials Signature Date 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. Date 4'/’ 7Applicant's signature / OWNERS SIGNATURE The owner hereby acknowledges and agrees to \,his application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission memlers, and Council members for purposes of investigation and verification of th^ request. ^ / DateOwner's signature -X Applicant must have all submittals into the City offices 25 days before the Hanning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants ".ust be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled mooting, to please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. r. I,.** . / .H;?, •» ^ ^ AS S.' i *f-l^S’*M 1 r.: i ,u. ' .* I* N. 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Mabusth, Building & Zoning Administrator Date:October 15, 1987 Subject: #1213 Rollin Lacy, 2f>55 North Shore Drive - Variances - Public Hearing Pertinent Ordlnances- 1. Section 10.23, Subdivision 6 B - Side/Street Setback. 2.Section 1G.22, Subdivision 2 - Hardcover 75-250'. Side/Street Setback Required *= 50' Proposed »= 30' (edge of property line) 50'+ (to east edge of 33 feet public access) Hardcover 75-250' Area = 36,900 s.f. Allowed «= 9,225 s.f. or 25% Existing = 11,100 s.f. or 30.i% Proposed = 12,995 s.f. or 35.2% Increased Hardcover = 1,895 s.f.or 5.1% Pertinent Pacts - Zoning District - LR-IA Total Area = 75,100 s.f. or 1.72 acres (exclusive lake easement area) = 95,400 s.f. or 2.19 acres (including lake access) Pertinent Issues - 1. The lake access to the east of the property was involved in a long legal battle involving the City and the affected property owner. Briefly# the plat that created the access was filed lacking necessary documentation confirming public dedication. The property on the east side of the access is torrens (registered land). Because of the filing irregularity, the City Attorney opined that the 33 feet easement was not valid and not within the public domain. The Lacy property (formerly Rector homestead) is abstract property and it was the City Attorney's opinion this was a valid easement and was to remain in the public domain. The City maintains a 15 feet wide strip for limited access to the lake. The easement of 33 feet will never serve as a major access to the lake. 2. The applicant has made design changes in plans submitted with application - trimming back structural expansion along the west side of house (see Exhibit G). The applicant's architect will have revised plans ready for your meeting. Staff has met with applicant and we have attempted to present a revised sketch for your packet (see Exhibit F). The architect has provided staff with revised hardcover calculations and these calculations are reflected above. 3. The applicant proposes removal of both structural and paving hardcover to offset hardcover from the major remodeling and additions to home (review Exhibit E) Zoning File #1213 October 15, 1987 Page 2 of 2 List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Application Property Owners List Plat Map Addendum Existing Hardcover/Improvements Staff Sketch of Proposal Original Proposal Building Elevation The applicant has begun major rehabilitation of the existing residence. The garage addition on the east side will require a side setback variance because the east side line abuts a public access. The applicant notes the following hardships in his addendum.: 1. Property functions as both a corner and lakeshore lot - surrounded by access ways on two sides and the lake on the south. 2. The house was located on property without cor'ideration for town road - house could have been placed further west. 3. Interior design of house v;ould not permit locating house on west side - in addition house on lot to w^ist is very close to shared lot line. 4. Applicant reminds us that there is no hardcover within the 0-75 feet setback area and there is only 9.2% within the 250-500' zone where 30% is allowed. 5. If area of access easement, which appears to be a part of their lot, was credited to property, the hardcover excess would be minimal. Staff Comments - 1. Planning Commission may ask for additional hardcover removal within the 75-250' setback area to offset the increase in hardcover. Staff finds applicant's claim that hardcover is well under the allowed 30% within the 250-500' area valid. If you allow the increase of 5.1% with this improvement, applicant should be advised that any future improvements must be matched with equal amounts of removal of hardcover. 2. The s:.de setback variance appears mute, one may argue not even necessary since the code refers to a side yard adjacent to a street. This limited access is not a street and will never be used as a public roadway and yet must remain in the public domain because it provides access to the lake. Staff would recommend approval of the variances as proposed advising applicant that future improvements within the 75-250' setback area may require the removal of an equal amount of hardcover. .1. ; / >• ! •> } •rV' UJLC KCC U Fgg Receipt_ _2_ Initials ''-'f >■ t' CITY OP ORONO - VARIANCE APPLICATION Initia Application Fee $150.00 ($50.00 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 ^ f/)AS2Al'A Property Identification Number (P.I.D.) /I^Q^^Q^QOO j Please checlc one - Is the property [y' abstract or _ _torrens? Attach legal description to application if not included on required survey. APPLICANT Phone (home) V*7 S Name R qLL/a J _ _ _ _ _ _ _ _ _ _ _ _ Phone (worlc) ~3 Address: Oi^D/JO 0/1KS .City. LcaJ(-- Zip: OWNER (if different than applicant) Name S. /^Bcsrdf\ Phone (home) ^73 ! 31> Phone (wor)c) Address: /Oa/e:TW City: U Zip: Date Property Acquired ______/o - 7o________________ (m^nth/y^ajc)-r VJ I (do) ^^doZno^ also own the adjacent parcels of land. Fi,'ihfiiE OFFiui. PRESENT USB OF PROPERTY Present Zoning District Present Use of Property i . vv Cl cDi :cc.oc CHECK R ECO. 00 # ( Res Other (specify) r.-^A' lOU 5sidentialj->, ri-.7^ ;.r..:5.'S7 DESCRIPTION OP REQUEST Estimated Construction Cost $ /ad , aoo . oO Describe request in detail: _ VARIANCES REQUIRED Lot Area SetbaeJe Variances ( Lot Width Front X Hardcover X Side Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; C ^ B _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form 2.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 :»ach of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Ov/ner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date 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 )cnowledge. Applicant's Signature Date /7 OWNERS SIGNATURE The owner hereby acJcowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga tion and verification this r^uest. Owner's Signature _ _ _ _ _ Date SS- ^^7_ _ _ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled mooting, to please malce arrange ments to have an authorized agent attend in your place and to advise the Duilding & Zoning Office of this change prior to the meeting. o o•n -n 3-< X 5r Xm 2 m n o TJ o M m X X Mm T3 O J3 m m 30 t1 H m M 53> i5 o•niiS a > H CDm r* M >•"sqa 3 > H :qm §3 w Mq r? na m > W M o > H >nns > Hmrn Sa :onnsa(/) cm mm *0 m > a ssigs m e oorv> oooo E fM M H O W > a* M M rj Ct N S S § O 5-< H > n n r* r-M M -n ti -n -n ?•o •r, -n 0 1 U1 U1 04 «o X3 P-4a Clm -4 -4' XI “I* > -ti -n -n *Ti Ira 04 c. c. 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Mabusth, Building « Zoning Administrator October 16, 1987 Subject: #1215 Smith Bay Marina, 1955 Shoreline Drive •- Conditional Use Permit - Public Hearing 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 L - Exhibit M - Application Property Owners List Plat Map Applicant's Addendum M.C.W.D. Minutes Notice to City of Approval of DNR Permit Applicant's DNR Permit Engineer Plans for Wall Local Unit of Govt Comment Sheet Executed by City Original Application to City Scope of Dredging Project and Profiles Cook Letter Dated 10/13/87 City Resolution #2194 Pertinent Ordinances - i* Section 10.03, Subdivision conditional use permit.19 - to install a seawall requires a 2. Section 10.55, Subdivision 8 - no structures allowed within 75 feet of the lakeshore and Subdivision 25 (A) - review necessary findings for granting variances. ^ Pertinent Facts - Zoning District - B-2 Total Area = 31,117 s.f. or .71 acres Pertinent Issues - 1. Dredging of the lake bed is no longer under the joint responsibility of local government and DNR - please be advised that seawalls remain a joint or shared responsibility. Review Exhibits P, I & j - the permit was expanded to include a seawall (87-6294), original application to City dealt with dredging only and comments were based on the scope of original application. DNR approved the seawall (issued permit) prior to City's review and issuance of conditional use permiV. 2. The City has received no final comments from the M.C.W.D. regarding the structural stability of the seawall. Mr. Larson of the M.C.W.D. will be sending the City an updated report. .Zoning File #1215 October 16, 1987 Page 2 of 2 3. The City has approved seawalls along charnel areas and lagoon shoreline. The code gives little direction regarding the pros and cons in the use of seawalls. Review Item 6 - necessary findings. Section 10.55, Subdivision 25. The desire of the City to preserve "natural land forms", etc. - aesthetically the City has held that rip rap is a more natural feature with shoreline of a lake than the seawall - that is on the main lake. The applicant has provided hardships and unique findings for your consideration. Note in the minutes of the M.C.W.D. (review Exhibit E), they also question the use of the seawall on the main lake but accepted applicant's hardships seeking only additional engineering review of the design of the seawall. 4. In response to the City's past position on the use of seawalls on the main lake, staff has asked for the lake view of the wall elevation at various locations. In addition, a complete site plan has been requested locating seawall and other improvements. Review of Application - The applicant proposes installation of a steel sheeting seawall along 280 feet of shoreline. In addition, a dredging permit has been approved by the DNR to allow the removal of up to 3,17 5 cubic yards of spoils from the lakebed (Exhibit K). Spoils are to be removed from site. Applicant's addendum lists the following hardships and findings; 1. Seawall will allow maximum use of limited land area for park? and storage. 2. Watercraft can be closer to service area and sewage pumping facility. 3. Rip rap would require more land area to allow for the required slope from parking area to lake. 4. The water quality/filtering plan is acceptable and may require less maintenance over rip rap filtering plan because wave action is eliminated. 5. The site is a non-natural feature of the shoreline as property was created with filling. 6. The projection of this site from natural shoreline presents unique erosion problems - seawall is the most effective method. Planning Commission Action - To table application pending receipt of the following: 1. Elevations of seawall. 2. Total site plan locating seawall, water quality filter location, other improvements. 3. M.C.W.D. final comments. 4. Other information requested by Planning Commission members. i #1215 Date Rec'd Fee I CITY OP ORONO GEMER70. LAND USB APPLICATION PROPERTY LOCATION Site Address Property identification Number (P.I.D.) _ _ _ _ _ _ _ _ _ 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. Phone (home) ^T' P— ^_ _ _ _ _ _ _ _ _ _^Phone (work) ^ City ZipvrS3"33 ( Phone (home)_ _ _ _ _ _ _ _ _ Phone APPLICANT Name COOCJ^^I Address ?0 OWNER (if different than applicant) Name !> )o V , . Address City Zip Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church/ school, etc.) Duplex Credit/Bldg Commercial/Industrial Use Land Alteration $100.00 a) $150.00 b) $150.00 c) $250.00 d) $200.00 f) CITY OF CROHOrrv ^rr ncrjrct ui^n.tLu L’f f duu d »Jw ’VwVM.' tw* A i “r>./I'i U*L.M Tl* 200.00 200.00rucr\- u ] /i-un X Grading and filling - 101 cu. '-yjSCJFbTRmGxi^U X Seawall, retaining walls withi'n;,'7.5:^:,;qfv^^^^^ T15:5o lakeshore ui 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 _ _ _ _ $250.00 Rezoning _ _ _ _ $200.00 Appeals Other - see fee schedule PRESENT USE OP PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail: REQUIRED SUBMITTALS Completed Application Form. V2.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) n 3. ( Stamped, legal sized envelopes (#10) pre-addressed to each of the names j on the above list with no return address. Certificate of survey. Construction plan, if applicable. 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. Certification by Zoning Department that Land Use Application is complete Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrators "agrees to pay all fees and/or unusxial expenses incurred in review o^this application, and certifies that the information supplied/rs t(rue/and correct to the best of hi^/her )cnowledge. / . /Applicant's signature Date OWNERS SIGNATURE ' The owner hereby ac)cnowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Coirunission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 30 10-11 7-23 31 cool G5CPGE F ROVFGNO 2010 SFCRELINF ORIVE WAVZAli MN 55391 38 10-117-23 il OCO? JCHN T SPF.NC'= 2040 ^0 SHCRF DR hAYZATA MN 55391 8 33 10-117-23 31 CC09 DANIEL CREAR I960 SPATES AVE UAYZAT A MN 55391 38 10-117-23 31 0C90 RICHARD V STINSON 2040 SPATES AVE RAYZATA MN 55391 38 10-117-23 42 COOS A G ASCHENBECK JR 1930 SHCRELINE DRIVE WAYZATA MN 55391 38 10-117-23 42 0007 ( ALAN NETTLES G ANNF NETTLES 1940 SHORELINE OR ORONO MN 55391 «' 38 lC-117-23 42 0015 H TOURANGEAU 2060 SPATES AVE WAYZATA MN 55391 38 10-117-23 42 0016 PGNAL C J PR INFAS 1980 HERl TAGF DR WAYZATA MN 55391 .( 38 lC-117-23 42 0022 CRAIG OLSON I960 SHORELINE OR WAYZATA MN 55391 03 00017 ( ( 38 10-117-23 31 00C8 PARI ETTA H ANDERSON 2055 SPATES AVE WAYZATA MN 55291 38 10-117-23 31 0095 TERRY C MORSE 2C80 SPATES AVE CPONO MN 55391 28 10-117-23 42 0012 E POEIE WAYNE 5CC9 EXCELSIOR BLVD APT 126 S r LOU IS PARK MN 55416 28 10-117-23 42 0017 LYLE VICKERPAN INTEPLACHEN LA EXCELS ICR PN 55331 38 v^l0-ll7-23 31 OOo-* STATE 38 10-117-23 31 U09o HARRIET SPATES TORANGEAU 2060 SPATES AVE WAYZATA MN 55391 38 10-117-23 42 jOI4 SAILORS WORLD BCX 176 CRYSTAL BAY MN ;>532J 30 10-117-23 42 0021 CANlEL CREAR 1980 SPATES AVE WAYZATA MN 55391 . V July 17, 1987 Clifford Recp 475-1816Shoreline and Development Consultant “w». 16820 Edgewood Av. V\/oyzata, MN 55391City of OronoPlanning Commission & City Council c/o Jeanne Mabusth. Zoning Administrator P.O. Box 66 Crystal Bay, MN 55323 FvE: Smiths Bay Yacht Club; Conditional use permit for a shoreline seawall. Members of Planning Commission and City Council: mm ;s I I am writing this letter on behalf of the Smiths Bay Yacht Club regarding their request for a conditional use permit for the construction of a seawall along the shoreline of their property on Smiths Bay. The Department of Natural Resources have approved the plans for construction of the shoreline seawall, and require title registration of seawalls. I expect this to be completed in the next few days. The Minnehaha Creek Watershed has also approved the plans and will issue the permit upon the receipt and approval of an engineers analysis of the structural integrity of the wall. This analysis is now under progress. The intent of the seawall is to provide a sharp interface between land and water areas. This allows maximun use of the limited land area for parking and storage purposes, and will allow watercraft to get close to the shoreline to utilize the upland service areas and sewage pumping facilities. Rip rap, an alternative to the seawall, requires more land area to allow for the slope from the parking area to the lake bed, thereby reducing the effective use area of the facility. The construction of a seawall allows the implementation of a water quality filtering area by collecting and filtering surface runoff from the parking area. The area behind the proposed wall will be lined with a filter fabric and back filled with crushed limestone. Weep holes ara to be placed in the seawall to accommodate drainage through the filter arei. A stipulation of approval from the MCWD requires the rock backfill to be limestone, as the limestone has the capa city absorb petroleum products. Seawalls in general, provide greater protection from shoreline erosion than rip rap. The Smiths Bay Yacht Club site is a non-natural feature of the shoreline, as the site is made up primarily from fill material. Because the site projects from the adjacent shoreline areas, the site would have a greater erosion poten tial, and should be allowed to construct a seawall to obtain maximum erosion protection. r I July 17, 1987 Page 2 City of Orono Planning Commission & City Council c/o Jeanne Mabusth, Zoning Administrator P.O. Box 66 Crystal Bay. MN 55323 Then Minnehaha Creek Watershed District and the City of Orono have similar con cerns regarding the placement of seawalls on Lake Minnetonka. The MCWD has approved the permit, as the unique circumstances regarding this site warrant the construction of a seawall. A copy of the June 18, 1987 minutes of the MCWD meeting are en' -os. Should you have any questions, or would like to further discuss this letter, please feel free to contact me. Respectfully Submitted, Clifford Reep Consultant to Smiths Bay Yacht Club cc Woodie Love Minnehaha Creek Watershed District Minutes of Regular Meeting June 18, 1987 Page 2 \ 87-119 Irwin Mandel Development Corporation - Renewal of a stormwater management plan for a commercial site. Sec. 17CDD, City of St. Louis Park It was moved by Spensley, seconded by Miller that the foregoing applications be approved as recommended by the engineer. Upon vote the motion carried. Tabling of Permit Applications It was moved by Spensley, seconded by Andre that the following applications be tabled until all required exhibits have been received; 87-108 Robert Grosfield - Wetland alteration area to provide wildlife habitat and improve aesthetic appeal. Sec. 28DDC, City of Minnetrista 87-120 Bob Pillsbury - Maintenance dredging of boat slip to improve access. Sec. 8DCC, City of Minnetonka 87-78 Smiths Bay Yacht Club/Toberraan Mgmt. - Dredge to remove 4,020 cubic yards of soil for navigational access in a commercial marina and 280 lin'eal feet of steel sheet pile seawall. Sec. lODBC, City offQrono The engineer reviewed the application for dredging and placement of a steel sheet pile seawall at the Smith’s Bay Yacht Club. Clifford Reep appeared on behalf of the applicant. The engineer recommended approval of the application with the permit to issue upon receipt of the necessary structural analysis and approval of the Minnesota Department of Natural Resources. Manager Thomas questioned the appropriateness of a vertical seawall at this location in light of the Board’s preference for riprap on the open lake. Mr. Reep indicated that seawall at this conimercial site allowed maximum use of both land and water area and that the applicant proposed to backfill behind the seawall with limestone material to provide some treatment of surface water runoff entering the lake from this commercial site. It was moved by Miller, seconded by Andre that the application be approved subject to the engineer’s recommendations and subject to the additional condition that limestone material be used to backfill behind the seawall. Upon vote the motion carried. MINUTES OF REGULAR MEETING OF JUNE 18, 1987 MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS The regular meeting of the Board of Managers of the Minnehaha Crebk Watershed District was called to order by Vice Chairman Lehman at 7:35 p.m. on Thursday, June 18, 1987 at the Wayzata City Hall, Wayz ta, Minnesota. Manager 3 Present Managers Absent Andre, Lehman, Miller, Spensley and Thomas Battaglia and Carroll Also present were Board advisors Mahady and Macomber. Approval of Minutes The minutes of the regular meeting of May 21. 1987 were reviewed. It was moved by Andre, seconded by Miller that the minutes be amended by adding on page two immediately prior to permit 87-79 the following: "Manager Lehman assumed the Chair at this time" and that the minutes be further corrected to reflect the fact that Manager Lehman did not second motions, but rather such seconds were made by Manager Thomas. Upon vote the minutes as amended were approved. Amendment of Agenda The engineer recommended that permit applications 87-78, 87-89, 87-97, 87-103, 87-109 and 87-118 be moved from the tabling to the discussion agenda. Upon motion duly made and seconded the agenda was amended as recommended by the engineer. Approval of Permit Applications The managers reviewed a memorandum from the engineer dated June 12, 1987 setting forth those applications which comply all applicable standards of the district and recommending approval of the following permits: 87-113 Richard R. Tradewell - Shoreline improvement sand blanket. Sec. 34BBD, City of Shorewood 87-114 Elmer L. Kuhlman - 100 linec feet of riprap streambank erosion protection along Minnehaha Creek, Sec. 20BAB, City of Edina STATE OF DEPARTMENT OF NATURAL RESOURCES PHONE NO.296-7523 1200 WARl^ER ROAD, ST. PAUL, MN 55106 TOBERMAN MANAGEMENT 1460 Sheland Tower Minneapolis, MN 55403 Dear Mr. Toberman: RE; SMITH'S BAY YACHT CLUB, PERMIT 87-6294, LAKE MINNETONKA (27-133 #26) Enclosed is your permit authorizing you to construct a retaining wall and dredge the existing dock area for the Smith's Bay Yacht Club. You may know that the Sailor's World had a docking permit (79-6301) under the previous owner's names. Pursuant to discussions with your agent—Clifford Reep—we have decided that you may include the docking layout as an amendment to permit 87-6294, after any changes have been authorized by the Lake Minneton.ca Conservation District. At the same time we will address the additional dredging for the expanded area. A $30 fee must accompany the amendment request. Thank you for your cooperation. Should you have any questions, please contact Judy Boudreau at 296-7523. Kent Lokkesmoe, Regional Hydrologist METRO REGION DIVISION OF WATERS Enclosure cc:USCOE Hennepin County SWCD Minnehaha Creek WSD City of Orono/^^ Steve Walter, C.O. St. Paul Waters Clifford Reep Lake Minnetonka file (27-133 #26) J23/dv AN EQUAL OPPORTUNITY EMPLOYER •.t-0273 —01 PROTECTED WATERS PERI/IT TO BE RECORDED WITH THE COUNTY RECORDER f'.k. Ko«ber 87-6294liiWNESOTA DeoaMment of hesomces Division of ^aiefs ■ j ■ Kinnesota Statutas. Chaotfr 106, and on thf basis of slatonenti and infornatjon contained in the and plans subritted by the applicant and others suppcPtir.g data, all of nhich PurslfBnt to periit aoplicat ion, letters, taps, are Bade a part hereof by reference. PLRMISSION IS HEREBY GRANUD to the applicant na«ed below to change the course. Protected Water Lake Minnetonka 27-133P (Smith's Bay A26) County Hennepin Kaac of Applicant Telephone huaber (include Area Code) (612) 475-1816 Address (ho. C Street, RTD, Box No,* City, State, Zip Code) Authorized to: construct 280 lineal feet of steel sheeting sea wall and remove up to 3175 cubic yards from the bed of Smiths Bay as indicated in plans received June 11. 1987 - from cross-sections C through L only. (Cross-sections A to C - 845 cubic yar s will be considered only after receipt of Lake Minnetonka Conservation District (L..^D) approval of "proposed future docks*.) Purpose of Perait: ~ ~~ boat mooring / navigation Date of Perait Expiration November 30, 1987 Park on Lake Minnetonka f. Lot 2, Blk 1, Tourangeau Addition Hennepin As Indicated (9): (if applicable) Ordinary high » water level, 929.4 (NGVD. 1929) 3. A. As Indicated (6); (if applicable) does not apply IHs perait is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This per.it is per.issive only and shall not release the permittee froc any liability or obligation i.posed by Ninnescta Statutes, federal Law or local ordinances relating thereto and shall ream in force subject to all conditions and liaitations now or hereafter inposed by law. 2. No change shall be sade, without written percission previously obtained froc the Coarmsioner of Natural Resources, in the diaensions. capacity or location of any items of work authoriied hereunder. The per.ittee shall grant access to the site at all reasonable ti.es during and after construction to authorized representatives of the Co.missioner of Natural Resources for insp.-LiCr of the work authorized hereunder. This per.it aay be terminated by the Co.aissioner of '.atural Resources at any ti.e he dee.s it necessary for the conservation of the water resources of the state, or in the interest of public health and wel.are, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. Construction work authorized under this per.it shall be coopleted on or before the date specified above unless terminated as hereinafter provided. Upon written request to the Ccissioner by .the ,Per.ittee, stating the reason therefore, an extension of ti.e .ay be obtained. .j, ... . r. The excavn‘.on of soil authorized herein shall not be construed to include the re.oval of organic .atter{as indicated above) unless the area fro. which such organic matter is re.oved. is i.pervious, or is sealed by the application of bentonite after excavation. * - -- .-J ^ 0 In all cases where the doing by the per.ittee of anything authorized by this ner.it shall involve the taking, using, or daracing of any property rights or interests of any otter person or persons, or of any publicly owned lands or i.prove.ents thereon or interests therein, the per.ittee. before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities .oncerned. and shall acquire all property, rights and interests necessary therefore. This per.it is per.issive only. No liability shall be imposed upon or incurred by the State of Minnesota o* any of its officers, aoents or eoployees. officially or personally, on account of the granting hereof or o" account of any da.age to any person or property resulting fro. any act or o.ission of the per.ittee or any of its agents, teployees, or contractors relating to any .atter hereunder. Ihis per.it shall not be cons rue 5. 6. 7. 9. as estoppjng or hinting any legal claias or right of action of any person other than the stat? again'st the pfraittee. Its agents, eaployees. or contractors, for any d.^aage or injury resulting fro» any such act or oaission, or_ as estopping cr limiting any legal claim or right of action of the state against the permittee, its agents, eiployees, or contractors for violation of or failure to ccaply with the oemit or applicable provisions of la^. No material excavated by authority of this permit nor material from other source, except as -.pecified herein, shah be placed on any portion of the bed of said waters which lies below (as indicated abov) if applicable! 10. Any extension of the surface of said waters resulting from work authorieed by this permit shall b'coee protected waters and left open and unobstructed for use by the public. 11. This pemit sha!become effective on the date it is recorded in wcur County in the Office of tht Recorder. Provided, the worf affecting protected waters authorised herein shall net commenced until a Notice of Permit has been conspicuously posted at the construction site and a copy of the recorded permit is posted on or ..ca* the .nremtses uoon which such worf is conducted. A Siotice of Permit will be issued by the Commissioner upon his receipt of e Certified copy of the recorded permit. 12. All general and special provisions of this permit shall bind the permittee, his heirs and assigns and shall run with the land. 13. After the completion of the project au'thori7ed, permittee shall supply the Department of Natural Resources with photographs of the project area. 14. Permittee shall maintain the authorized project /n a stable and safe condition. At any tine the Cosnissioner finds th?t the project is subject to instability, creates a navigation hazard, has become a public nuisance, or has fallen into a state of disrepair, he shall order the owner to repair the project within a specified time. 15. Any Commissioner's Order terminating this permit may also reouire the permittee, at his own expense, to remove within the time specified in said Order, any authorized project constructed under this permit and, if applicable, any unauthorized project in violation of this permit. Said Order shall also reguire the permittee to restore, if necessary, the protected waters or beds thereof to the condition existing before the unauthorized activity. 16. This permit does not obviate any requirement for federal assent from the U.S. Corps of Engineers, 1135 U.S. Post Office and Custom House, St. Paul, Minnesota 55101. SPECIAL PROVISIONS .SEE ATTACHMENT "A' : i ' ••^ • This instrument prepared and drafted by Area Hydrologist Judy Boudreau, MN. DNR - 1200 Warner Road., St. Paul, Minnesota 55106 LMCD cct Clifford Reep St. Paul Waters Lake file ' USCOE Hennepin County SWCD Minnehaha Creek v.’SD City of Orono Steve Walter, C.O. state Of tn ma Jesorn I* m . f COUNTY ^ Acknowledged, Subscribed and sworn to before me this n*^day of “ZrU Ly Executed at St. Paul, Minnesota M a. ^ this day of . \^7 ’il by Kent Lokkesmoe, Regional Hydrologist MNDNR <y commission expires: fT) ^ ALH ^ ^3 COHKISSIONE^F MINNESOTA DEPARIMlNT Of NATURAL RESOURCES Notary P>»^c Signature Authorized Siu.iature ROT AM V PU5UC — W1Vlff£SD7A \ 1 )?gjLonal Hydrologist RAMSEY COUNTY i : CeiwniMicw to Mtf ^ IW:' < PERMIT K87-6294 ATTACHf^t^A"^ By: Dated: 2-X ^9S’7 SPECIAL PROVISIONS 1. 2. 3. 4. 5. 6. The permittee shall comply with all rules, regulations, requirements or standards of the Minnesota Pollution Control Agency and other applicable federal, state or local agencies• Permittee shall ensure that the contractor has received and thoroughly understands all conditions of this permit. Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed prior to commencement and maintained throughout project. All exposed soil shall be restored (by seeding and mulching or sodding and staking) within 72 hours of completion of project. Future maintenance excavation of tnis project shall not exceed the dimensions herein authorized. Prior to commencing any maintenance excavation, permittee shall advise the Department of Natural Resources (DNR) in writing of the volume of material to be removed, the manner of removal, and the spoil disposal sitets) proposed. Maintenance excavation shall not be commenced until permittee receives DNR approval. Excavated materials shall not be deposited or stored along side the protected water in a manner where the materials can be redeposited into the protected water by reasonable expected high water or storm runoff* A sediment barrier shall be installed around the area of excavation during the project to limit turbidity to the affected area. This barrier may involve use of a filter fabric material attached to stakes or a snow fence anchored to the lake bed. The barrier shall be removed upon completion of the work after sediment is settled. STATE OF DEPARTMENT OF k/^Vw fi. J 1 K NATURAL RESOURCES PHONENO. 612/296-7523 1200 Warner Rd., St. Paul, MN. 55106 FILE NO. & July 24, 1987 TOBERMAN MANAGEMENT 1460 Sheland Tower Minneapolis, MN 55403 0 Dear Mr. Toberman: RE; TITLE REGISTERED PERMIT #87-6294, LAKE MINNETONKA (27-133 #26) SMITH’S BAY YACHT CLUB, HENNEPIN COUNTY Enclosed Is your permit authorizing you to construct a retaining wall and dredge the existing dock area for the Smith’s Bay Yacht Club. This permit must be title registered In the Office of the County Recorder (8th floor of the Administration Tower of the Government Center). A copy Is enclosed so that It can be stamped by a County employee as certification. In addition, please fill out a "call slip" at the desk so that the certification number, once assigned, can be relayed to the Area Hydrologist In our Metro Region Office (296-7523). Upon receipt of the stamped copy of the permit, we will mall a Notice of Permit Card to you. You do not have authorization to begin this work until you have received such Notice of Permit card and posted same at project site. Please send the stamped copy to the following address: DNR METRO REGION WATERS 1200 Warner Road St. Paul, Minnesota 55106 If you have any questions concerning this matter, please call Jan Wltkowskl (Recorder’s Office, 348-5681) or our Metro Region Office at 296-7523. Sincerely, Kent Lokkesmoe Regional Hydrologist METRO REGION DIVISION OF WATERS Enclosure K92 AN EQUAL OPPORTUNITY EMPLOYER 0273^-91 Oeoarlment of Division of Minnesota Sn^Nciural Resources P.A* Nuaber 87-6294 PROTECTED WATERS PERMIT ,, TO BE RECORDED WITH Water, THE COUNTY RECORDER Pursusnt to Ninnosoto Stotutes^ Chopter 105, and on the basis of statenents and inforaation contained in the perait application, letters, aaps, and plans subeitted by the applicant and others supporting data, all of which are aade a part hereof by reference, PERHISSIOII IS HEREBY GRANTED to the applicant laaed below to change the course. Protected Mater Lake Minnetonka 27-133P (Smith's ay #26) Count) Hennepin ' ‘ Naae of Applicant Toberman Management ( Smith's Bay Yacht Club) Telephone Nuaber (include Area Code) (612) 475-1816 Address (No. C Street, RfO, Box No., City, State, Zip Code) 1460 Shelard Tower, Minneapolis, MN. 55403 • . u oriie 0. construct 280 lineal feet of steel sheeting sea wall and .remove up to 3175 cubic yards from the bed of Smiths Bay as indicated in plans received June 11, 1987 - from cross-sections C through I. only. (^ross-sections A to C - 845 cubic yards - will bo considered only after receipt of Lake Minnetonka Conservation District (LMCD) approval of "proposed future docks".) Purpose of Parait: boat mooring / navigation Date of Perait Expiration November 30, 1987 Property 0...rib.d „= ^ 22 i 23 - Or, Park on Lake Minnetonka & Lot 2, Blk 1, Tourangeau *ddition County Hennepin As Indicated (6): (if applicable) does not apply As Indicated (9): (if applicable) Ordinary high water level, 929.4 (NGVD, 1929) This pcrait is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. 2. 3. A, 5. 6. 7. This perait Is peraissive only and shall not release the pemittee froa any liability or obligation iaposed by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall reaain in force subiect to all conditions and liaitations now or hereafter iaposed by law. No change shall be aade, without written peraission previously obtained froo the Coaaissioner of Natural Resources, in the diaensions, capacity or location of any itcas of work authorized hereunder. The peraittee shall grant access to the site at all reasonable tines during and after construction to authorized representatives of the Coaaissioner of Natural Resources for inspection of the work authorized hereunder. This perait aay be terainated by the Connissioner of Natural Resources at any tiae he deens it necessary for the conservation of the water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions of this perait, unless otherwise provided in the Special Provisions. Construction work authorized under this perait shall be coopletcd on or before the date speci.-ied above unless terainated as hereinafter provided. Upon written request to the Coaaissioner by .the.Per.'ittee, stating the reason therefore, an extension of tine aay be obtained. The excavation of soil authorized herein shall not be construed to include the reaoval of organic aatter(as indicated above) unless the area froa which such organic aattcr is reaoved, is iapervious, or is sealed by the application of bentonite after excavation. • In all cases where the doing by the peraittee of anything authorized by this perait shall involve the taking, using, or daaaging of any property rights or interests of any other person or persons, or of any publicly owned lands or iaproveaents thereon or interests therein, the peraittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights and interests necessary therefore. 8.is peraissive only. shall t>e ippos^d^^^on officers, agents or or personally. or incurred by the State of Minnesota or on account of the granting hereof or on This perait any of its account of any daaage to any pera.naWW^U^W.U^Mulilpgt'fr^ act or osission of the peraittee or any of its agents, eaployees, or contraforVTbWilOOiyaaM^ bft^*/f|reunder . This perait shall not be construed cat 1 MW 4>j acutawnad «y # •• ^ • « «r Uiitinq any legal ilal.s. or^Vigfit''of- a'etiU* of-any-person other than the state against the rer.Vtt^'us agents, e.ployees, or cont.'actofs. .for-any da.age or in^Jury resulting fro. any such act per.ittee, its ag . . or right of . action of .the state against the per.ittee, its agents. r.pl“."'°T"cUr.ct.r, f.r .i.l.iu. pf .f 1». 9. . ..U -fc -e fki. nor aaterial fro. other source, except as specified herein. pJ ^ -bicKb.ip.(...ip«.«.d .bp,.)ir .ppu..biP. 10. 9liaAl UC J . . . . . . . . .. «p, ..tpppip. pf tbp-Wf..-. pf'»id.. . . . ..-r»- waters and left open and unobstructed for use by the public. 11. wafers ana len oh®” - - - ... ... e? . a j ,bu ppp... pbpu v.cp....».c...ptb. .rr.;:;;; Provided, the work affecting protected waters au coov of the recorded per.it is posted on or near' ::::isV;*:pr:hUh^rc;\Vu of Per.it .iU b. issued by th. Co..is,ioner upon, his receipt of a Certified copy of the recorded per.it. -. •• 12. nis receipt gr a us.es.*. - ^ - . .. ,n ppd pppcipl ppp-uipp. Pf tbl. ppr.lt Pb.ll bind tbp p.r.itt«. bi. bpir. ppd ....... ..d .b.U run with the land’. I 13. 1 U. mer the co.pletion of th. project authorized, per.ittee shall supply the Oepart.enf of Natural Resources! with photographs of the project area. ^ - I Per.ittee shall aaintain the authorized project in a ^ ^ tine.•9 15.Any Ccaissioner's Order ter.inating this "Yred^ prorea‘»nsU^c'^^^^^^ aTV/’apllirable! > within the tiae specified in said Order, any autho P J require the per.ittee to restorei- rf%":»ary;"tl7roUct;"d :::l;rorbeds the condition existing before the unauthorized activity. . 16. Ui. p.r.u d... pp. Pb,l...'.P, 'r.dPi:...Pb f.r fpdprpl P...Pb rrP. tbp b.S. C.rp. pf Ep.IpppV.. IIM d.S. Post Office and Custoa House. St. Paul. Ninnesota 5510i. SPECIAL PROVISIONS *SEE ATTACHMENT *A'I • • • t •hi. instrunent prepared end dre£ted by Aree Hydrelogisb dudy Boudreau. DHP - 1200 Warner toad.. St. Paul* Minnesota 55106. • • LMCD :ct Clifford Keep St. Paul Waters Lake file I USCOB Honnepi’i County SWCD Minnehaha Creek WSD City of Orono . , ■. 9 4 I I* Exteuted 3t St. P8uli Minnesota I 1 UNtY rn V - - -- - fs""r?b'd^l^^'i'-orn to before .. thi. tib this 2^7 ^day of . 10^1 COHMISSIONERflf HIHNESOTA LEPARIHENT OF NATURAL RESOURCESissioNER flf hihne; RAMS Authorized Signature •*" <•* . 1. 3. 4. 5. 6. PERMIT #87-6294 ATTACHMEM^.'A" By: Dated: ^viX y SPECIAL PROVISIONS: The permittee shall comply with all rules, regulations, requirements or standards of the Minnesota Pollution Control Agency and other applicable federal, state or local agoncies. 2, Permittee shall ensure that the contractor has received and thoroughly understands all conditions of this permit. Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed prior to commencement and maintained throughout project. ^21 exposed soil shall be restored (by seeding and mulching or sodding and staking) within 72 hours of completion of project. Future maintenance excavation of this project shall not exceed the dimensions herein authorized. Prior to commencing any maintenance excavation, permittee shall advise ..he Department of Natural Resources (DNR) in writing of the volume of material to be removed, the manner of removal, and the spoil disposal site(s) proposed. Maintenance excavation shall not be commenced until permittee receives DNR approval. Excavated materials shall not bo deposited or stored along side the protected water in a manner where the materials can be redeposited into the protected water by reasonable expected high water or storm runoff. A sediment barrier shall be installed around the area of excavation during the project to limit turbidity to the affected area. This barrier may involve use of a filter fabric material attached to stakes or a snow fence anchored to the lake bed. The barrier shall be removed upon completion of the work after sediment is settled. OF AHOiOK P/i.e. \NALL.- dUAi -^oil. .(PyM ^FI/TP &AV VATCF <Ci-ue> ' -JUNE /7/787 ^i\,S <U7Z^' nz,^ cxAV MCO <LU^V TOP OF \pJFUL -f 3A .S’' S= jZO FOP f Fi^TOHC. LOUJ UJALL.7. ^r (f'= ^61^4>'0 Dzsoc^e uNe.fzz,S* ^ » 32*o'- /Zao psP ^<-^7.33 Ac*- /c:^<L. = 3ST>^ ut^e±> Ps. - // 7 FMuioe, z'OF Hue, LOAt> ~ zCU^'>*'SZ - 7<f ps9 p^-a, 7i> f‘z6ns'),z^ * iSzps9 P^= //6'CzfZ')^ ZCiS'o'^ - "Z-^opFs,^ <-- Ui>e F0 - z.z^'Ozo)f,0 - 2 70^i.f ^€> " Fz'fo S S’?d p&f - Z.>//5 f 2;»//4’* f ^'.?5'X/Z<? ~ 2X 35T3 3^0 - 700 Pn$.T~ 7PO-33S ~ 36-2 3-3© P&/^ f<cc»ut f r C /V?C ') - ZZ3^ Z.zTCZ7o),,S’ - ST <f.7S’C270 ^ ZO/4^ - 36 2 £> ^ T/}-rics> f^earvT z-/*^ ^/5 - 7-- O ^/yiy-- zz&xJLi* t sc:>4/3,0 i~zo}47 (fii?' -30Z J^c + 6'^') ^/y}^ •* jZ4fO ^ !B/0^- S077t>- O o*- ^ /?0--?4>S~-D ^(PLU'B £5 ~~ /7 - i "Z. p- 3,Cel' < ef.1.' f^’fmoec:, ^OL\/e. For, 7“ T ZZSf 30-J* f 20 /4“/36 7 - *>F yv/^'t-*— /=>/YZ> MOMmT \N PlL^ fj 3>^3 S.83I ft. f 7-34' *^6* r/O'O^ T- ie>^7-zz4 -rzi3 ' /232-‘^ /2 z4 ^*70 ^ /5" ” /3/-/^ 3ZOOO ^r,free.clJ = z.e,vV^^.// ^ AhJCHO/Z. T’/E £A CfyBl^S. ^ io'lUZ24* - IZZ^Qf^ JOJjSJ ytZ34o* === /Z6» SJ^ /o' ...1 i' /o* athecK \j44LB^ //; = JZ3fy/o'^ - /239o'~^ 73 ■=■ /i-'i^0^f^y4.lt(o ~ Ce'S>S/n^ y'.F-FcLk, j^a/i-O/yjAhJ nmeR CjoH^rF<xcnoH m/^No/u^ 77fn<o ep/poN PhOS^ C-Z^i, 54^ 44f'0 /•f \ --------- /h^m^ , ? 3(?C3)^>2/3 - IZoO ^ ■» Z j4 X /^ yjoyfzco X/.' = 24-/ h ~£? Jz /4» ! . /'t *■ Pri^rfS\ ^ IZ> I ■Z, ^ f 24./ ^ /©Ai6 T^FAT^O Foi-3 , )s '~o" UJAU^ ^ i WATER QUALITY FILTER TYPICAL SECTION CtKc^dReep 475-1016 S^vxtibne and Davalopment Conaiitant SMITHS BAY YACHT CLUB 16820 Edgnvood Av W»yau. MN S5391 5/13/87 SHEET 6 OF 6 naturai risouicis (__y T ^ev. 4/01 Section. I (To be completed by epplicant) LOCAL UNIT OF GOVERNMENT COMMENTS hAPL^. AAyJ PART B ly^ime Of Applicant SM ITKS 6AY VACHT CLUCi, Address (Street. RFO. Box No.. City. State. Zip Code) Quarter Section(s)Section(s)Township(s)Rangels) PROJECT LOCATION S i?c /o in 72> County(ics) /~l P'a/tsj iurj«7wi will 0110(^1. \nomu unu nurrm^ ui larvu. wuuumu. ui wuiurcuu j?/vY I hereby submit thi: application for permit to: (mark proper box) □ appropriate water work in protected v/aters Section II (To be completed by local unil ot government) The following local unit of government comments and/or recommendations are submitted (or consideration by the Department of Natural Resources'In the disposition of the referenced permit application. (YOUR RESPONSE MUST BE SUBMITTED TO THE DNR WITHIN 30 DAYS.) Water Appropriation Permit Applications are to be sent to the Central Of fice. St. Paul, and Protected Waters Permit Aopllcatlona to the DNR Regional Office. SEE REVERSE ’IDE FO' \ CORRECT MAILING ADDRESSES). . - Perntit rGV. ■>w is not roquirod by the City of Orono for the proposed dredging project as long as spoils are removed from site and not deposited on the subject property. Was the proposed project field inspected by this local imit of govornment? Viewer ’s Name TitlOj ' i I Authorized Signature , Na^e of responding Soil and V/ator Conservation District. Watershed District. City or County wiWEI APR1V19S7 - ■ ■ REGION VI V.'f'Vrrti Qyes (if Yes. give viewer^ name) Title -n ' Date Telephone No.(Area Code) V-aT-fv I U/t-)/73-7357 Address (of the above named local unit of government) (DNR — Division of Waters addresses on back) • » t Sew Rev 12 B5 lA ^DEPARTMENT OE :r »: .V rc/^‘;r/*\ ^ NATURAL RESOURCES PfiniHr ;.rVtiCATION TO WORK IN niu-i:f;.: r if;.uERS or wetiahds ,i5d r:..: owi cafetyi ► ►Please read instructions before attempting to complete Ibis a.'. i.cstion. tiFHCF USE ONLY. P A NO y I" ■/ nsWCD nc/c □wo UUSCOE I. r- Autbcnzcv: .'^nt (if applicable)Telephone Number 4 arpnccxie Address (Street. HFO. Box Number. City. State. Zip Code> 4,//rZ-Alit'Afirlfhf\/-t:L/l Ajt'J .1 726:__ '* _______< LOCATION OF PROPOSED PROJECT (BESURE TOii iCLUDE SKETCH SHOWING HOW TOGET TO THE SITE) rr^—:--------r":—rr~.------n; r— _____' r,j.'Tr •\;rr~rrr~~r“rT:T—ir. .1- rm—r,,...—^Government Lot(s)Quarter Section(s) V.'rv < SectijinCiS) No Townshi^(s) No rffg ,^7V /.;/ / •’ f rr / / / / Range(s) No C ‘ -> Lot. Block. Subdivision w • / j, / I KX; Hioioct wiiiaii'jci □ Lak(‘. DWcliandor □ Watercourse .namoA numb<?r / // , ' / /; .* i ,;• y /*,/>• if knr.wvni - / w III.TYPE OF WORK PROPOSED (CHECK ONE)IV. TYPE Cr PROJECT (CHECK ONE) ^ excavate □ fill □ drain □ construct □ Install □ repair □ remove n abandon □ other (specify) □ shoreline □ channel □ sand blanket □ riprap □ shore-protection □ harbor □ permanent dock n wharf ^ obstruction □ bridge □ culvert □ dam □ other (specify) ESTIMATED PROJECT COST $VI. LENGTH OF SHORELINE AFFECTED (IN FEET): bytO VII. VIII. VOLUME OF MATERIAL FILLED OR EXCAVATED (IN CUBIC YARDS) / BRIEF EXPLANATION OF PROJECT: (EXPLAIN WH^ PROJECT CONSISTS OF AND HOW WORK WILL BE DONE) /-I / A<X' ''.(.Z./C V/l-Oi^S t.< 7 <- (/'_ L t ^ /hrlftf'lifi ^/6TU<C»- r-c>/ \ (IIF. Cy/<£. r„> J <A (r\ if'^ ^A: l)\ /\T 11!'t\C i t/tfC . PURPOSE OF PROJECT: (Explain ^ this project is needed) fh\i‘^r,\jfL M ^ yTr<r/r'CS f'oi— ‘ • t x , 7 / < < i-H Ci' ^/\*-tLfhy XII. ENVIRONMEHTAL IMPACT (Anticipated changes to the vrater and related land resources, including unavoidable but detrimental eflects) T iF#-/-V TU.\ c/(T /'// r'/\( y <"7 ■ \ ALTERNATIVES (Other alternatives to the action proposed) f A A « ^ m. . ^ m. . ^ A Ift. A l __________________________A A _ _ watcf(s) in accordance witfi alt supporting maps, plans, and other information suOrr'itted w.th this application The inferand yj concerning this application arc true and correct to the best of my knowledge ^ jCSi Vi tements made STATE OF COUNTY OF p)/V // Signature oj Owner or Authorized Agentd4 f J Sinruv.ufc i Leasee Subscribed and sworn to before me this «, .1 ' ■■ V ^ 4 i. k 'Jjle Date Distnbiilion My commission expires A// White ONB Blue: SWCD Green Watershed District Gold •nnxi City or County Pink Army Corps of Engineers Canary Apolicant m • • K 30 0294 , 24 EXISTING DECK !\ u DREDGING ACCESS LIMITS% \ \ ,\ V NOMW DREDGING SEaiONS, SMITHS SA/ I'ACHT CLUB CMtkrO 47»-iaie mra Om^wtapmmx CarmMMf% U«4W0 frymirt A. W«iOL4 MM 53301 > 7/P.7 ry\ccr 0 R nRFIX^ING SECTONS SMITHS EAY YiCHT CLUB 16B20 biywoint *•* Mfri 4/7/37 S^-EET 3 CF 3 • 4 1 4 li i ♦ I I i •• • • f ‘ I I f BonesUoo, Rosene, AndeNik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN SS113 6126364600 Engineers & Architects Otto C Bowettruo, P.E Hobeft W. Husmr. P t Joseph C AndrHik, H i. BreUford A. Lettiberg. P.t. Btiherd t. Tmniff, P.E. James C. OiUMt. P.t\ October 13, 1987 City of Orono Box 66 Crystal Bay, MN 55323 owl /4 Attn: Ms. Jeanne Mabusth Re: File No. 139 - 1215 Smith Bay Marina Chrm B Cook, PI Artth A CoftAm. H.t 1 hutnu% t Svpt‘». Ht ftHhurd H Jvxter. P.t Hoben O St Sunnkt. H t. Marvin L. S fata. P t. Ponaid C. Bargcrdi. P E Jerry A. Bourdon. P E Mark A. Hanum, P E. Ted K Field. P E Ml* keel T Bautmann. P E. Hubert B Hjrjjrfte. H t David O LuUute.P L Thornes W. Petenom. P.t M'lhaet C. Lyrnh, P t turen L WiUu. P £ James B Maleed. P t trnneih P Andenon. Pt Ariih A Bethmenn, Pi Murk B BoUs. P t Boberr C. Htasek, A I A Thomat E Angus, P t Vi uti L Young, P t Char let A itukion Leo M PawtUky Horten M. Olson Suten M. ibertin Dear Jeanne, We have reviewed the Smith Bay Marina application for construction of a sea wall. The submittal of additional information will be necessary to complete the re view. A plan view showing the location of the wall along with other develop ment proposed on the property. A perspective of the wall from the lake and sections through the wall at a few locations. If you have any questions, please contact this office. Yours very truly. BONESTROO, ROSF.NE, ANDEPLIK & ASSOCIATES, INC. Glenn R. Cook GRC:li 723Re fK City off ORONO RESOLUTION OF THE CITY COUNCIL NO. 2194 _ _ _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.41, SUBDIVISION 10 (A)(B)(D), SUBDIVISION 9, SUBDIVISION 5 (A) AND SECTION 10.22, SUBDIVISION 1 AND PER SECTION 10.41, SUBDIVISION 2 APPROVES THE COMMERICAL SITE PLAN FOR SMITH'S BAY MARINA AND YACHT CLUB, INC. PILE #1142 IVHERBAS, Smith’s Bay Marina, Inc. (hereinafter "the applicant') has an interest in the property located at 1955 Shoreline Drive within the City of Oronc (hereinafter "City") and legally described as follows: Commencing at the intersection of the North line of Central Avenue extended Easterly with Easterly right-of-way lino of County Road No. / thence Northeasterly 42 degrees 15 minutes East 120.05 feet point of beginning thence South 57 degrees 45 minutes East 29.04 tee tnence North 37 degrees 50 minutes East 130 feet to the intersection of North line of Grand Avenue extended Easterly thence North 59 degrees 45 minutes West 18 feet thence Southwesterly 42 degrees 15 minutes West 131.05 feet to beginning including accretions, ORA park ON LAKE MINNETONKA", Hennepin County, Minnesota, (hereinafter the property"); and WHEREAS, the applicant proposes the construction of a principal structure and major restoration of the marina property and has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivision 1 to permit fencing 10 feet from the la)teshore instead of the required /5 feet, 10.41, Subdivision 5 (A) to permit parlcing stalls for 42 vehicles instead of the required 48 stalls. Section 10.41, Subdivision 9 to permit par)cing 10 feet from the street lot line instead of the required 30 Section 10.41, Subdivision 10 (A) to permit the principal structure to oe built 50 feet from the shoreline instead of the required 75 fee , Subdivision .10 (B) to permit the principal structure to be built 40 teet from the side lot line adjacent to a residential zone ^^istead or rne required 50 feet. Subdivision 10 (D) to permit 15,862 s.f. hardcover (actual reduction of 10% over existing hardcover at 73.6%) witnin 75 feet of the la)te where no hardcover is allowed and to permit hardcover to remain at 5,100 s.f. or 300% over the allowed amount of hardcover at 1 275 s.f. or 25% and per Section 10.41, Subdivision 2 seelcs approve o a commerical site plan for the complete restoration of a marina property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2194 FINDINGS 1. This application was reviewed as Zoning File #1142. 2. The property is located in the B-2 Lakeshore Business Zoning District. 3. The Orono Planning Commission reviewed this application listed above and the commercial site plan for the complete restoration of the subject property on May 18, 1987, and recommended approval of the proposed variances based upon the following findings: A) The lot is not deep or large enough to allow structures to meet required setbacks. B) The majority of the property is located v;ithin the lakeshore protected area where no hardcover or structure is allowed. C) The property has been used as a commercial marina for over 40 years and was recently rezoned to D-2 in 1975. D) The proposed improvements provide a reduction of 10% in overall hardcover in addition to improving quality of storm water runoff prior to entering lake. E) The majority of improvements provide for a major reduction in hardcover immediately adjacent to shoreline. F) Access to site and parking areas have l?een greatly improved with a proposed single structure making for a more efficient use of the severely limited land area. 4. The City Council has considered this appli'cation including the findings and recommendations of the Planning Commission, reports by. City staff, comments by the applicant and the effect of the proposed' variances on the health, safetv and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this 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, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 •;>. .V. (9lniirK'lo;j City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2194_ _ _ _ _^ CONCLUSIONS, ORDER AND CONDITIONS Ba^sed upon one or more of the above findings, the Orono City Council hereby grants the variances as set forth above and approves the commercial site plan dated April 20, 1987 by R.L. Wuornos and Associates for Smith’s Bay Marina & Yacht Club, Inc., subject to the following conditions: 1. Owner to execute a Developer's Agreement and post a letter of credit with the City to insure the following improvements are installed by,August 31, 1988. a) Drainage/surface water treatment improvements per final plans approved by the M.C.W.D. and City of Orono - the City would ask that an underground drainage tile system be located and its use reviev;ed as part of that improvement. b) Paving of parking area, lighting, signage, and installation of grassed area per plans by R.L. Wuornos and Associates dated 4/20/87. c) Reconstruction of dock adjacent to shoreline in conjunction with shoreline restoration - areas of dock located above the 929.4 elevation not to exceed a 6 feet width. d) To construct a six feet high privacy fence along the west side lot line adjacent to the public access. 2. The executed Developer's Agreement and letter of credit (amount to be 150% of the cost of requirement improvements) must be submitted to the City prior to application for a building permit for new principal structure. City Engineer shall review total estimate of improvement costs prior to submittal of letter of credit. 3. Erosion control shall be employed at all times on the site during the time of the construction of the principal structure and the shoreline restoration. 4. Owner/applicant shall apply ? <r a building permit with penalty fee for commercial dock construct*-.*d prior to his ownership of the property. 5. Demolition permits are required for all buildings to be removed. Such permits must be obtained by applicant at the time a permit is issued for new construction. A certificate of occupancy will not be issued for the new structure until all buildings designated for removal have been razed. 6. owner/applicant is hereby advised that at the time an application for building permit is submitted to the City, the Orono staff shall evaluate the proposed improvement and uses of the property per standards adopted by Metropolitan Waste Control Commission in the determination of Service Availability Charges to be collected with the issuance of a building permit. Paqo 3 of 5 .1 •V ^-"1, . i City of ORONO \7 V ^ ’ • V mmmj RESOLUTION OF THE CITY COUNCIL NO. 23^4 _ _ _ _ 7. Owner shall reimburse the City of Orono for the cost of the installation of a striped crosswalk within the right-of-way of County Road 15. 8. Authorities granted with this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or chis approval will expire on that date (June 8, 1988). 9. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automati ^ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. The undersigned applicant has read, understood and hereby agre»2s to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of June, 1987. ior^othy I-*/' /Hallin, City Clerk Jamas R. GraboK, Mayor Property Owner(s) Smith's Bay Marina, Inc. C. t (-C L \ Pago 4 of 5 iMIBa.iaak .1 X • »:.W — ii 0'.vT^-.v-Vi'City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2194___________ STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On thisU..XO _______________________ day of ------------------------------------------ before me a Notary Public within and for said county, personally appeared the person(s) described in and who execiTted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COmiSSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this a day of 198/? before me a IJotatary Publij^ wit^un and fo^^^d County, personally appearedv.***wjr *>*• known to me to be the 'Mr^n(s) deserved in and who executed the foregoing instrum^t, and acknowledged that he (they) executed the same as his (their) free act and deed. oL/- MY C0f41'lISSI0N,EXEIBES. /r- Page 5 of 5 CA-OI. .t. ^ t f.^T/>v.Y IUf!IC - *^:NSliOTA j hFNNTPIN CCV’:JTY j My 'CmT;i*ilon •xpiff»iOct 7, IV89 • t Frcnn: Date: Planning Commission Chairman Kelley Orono Plannirg Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator October 13, 1987 Subject: #1216 Clark Winslow, 1595 Bohns Point Road - Conditional Use Permit - Public Hearing Pertinent Ordinances - Section 10.03, Subdivision 19 - Conditional Use Permit required for land alteration. Section 10.55, Subdivision 8 - Variance required for alteration of a designated wetland. Pertinent Pacts - Zoning District - LR-IB Total Area = 4+ acres Dredging of 1,548 cubic yards (150 dump truck loads) of spoils to be trucked from site Pertinent Issues - 1. Application involves the dredging of a designated wetlands requiring both a conditional use permit and variance. 2. The application to dredge the pond was approved by M.C.W.D. at their meeting of 7/16/87 (Exhibit D) subject to the City of Orono approval. Note the remaining items in that approval were tabled. Since that review both the Public Works Department and M.C.W.D. have worked together to approve the raising of the culvert elevation to the 930 elevation. All other phases of the application would have required conditional use permit review and to staff's knowledge have been dropped. List of Exhibits Exhibit A - Exhibit % - Exhibit C - Exhibit D “ Exhibit E - Exhibit F - Application Property Owners List Plat Map M.C.W.D. Letter Engineer's Report Plans The application involves the removal of aproximately 1,548 cubic yards of spoils from a wetland 1/3 to 1/2 acre in area. The maximum depth of the pond is proposed at a 12 feet depth with 'uter ring areas at 10 to 5 feet of depth. Slopes will be at a 3:1 ratio. The culvert has not been raised to the 930 elevation as yet but will be completed with the pond dredging. The present elevation at 929? allows lake water to flow from the east through culvert to pond. Zoning File #1216 October 13, 1987 Page 2 of 2 The applicant wants to dredge the pond so that there is standing water at all times. The wetland is predominately dry with cattails -• the alteration involves 25% of the pond area. Per the Engineer's report. Exhibit E, the dredging will slightly reduce the assimulative capacity of the marsh. The proposed depth will reduce alge growth and pond odors. The Engineer sees no long term adverse effects on Lake Minnetonka as a result of this project because of the minimal scope of the project. The project will result in increase sedimentation capacity and wildlife habitat. Prior to making a recommendation on this application. Planning Commission should consider the necessary findings that must be made prior to making your recommendation whether it be for denial or approval - Section 10.55, Subdivision 25 (A), Items 1-7. If approved your conditions should include the following: 1. Applicant to provide silt fencing near the pond outlet. 2. Hauling cannot take place on week-ends and may only be conducted Monday through Friday, 7:30 a.m. to 4:30 p.m. City must be advised in writing if it is necessary to haul on Saturdays. 3. The liability issue should be reviewed by applicant since the creation of a 12 feet deep pond will create a potential hazard. Tf -I O ▼ ■‘‘^9 i 4- ' lar—-V-.-a Date Rec * d 'V 7 Fed %4^/T/0 .. Receipt Initials CITY OF ORONO GENERAL LAND USB APPLICATION PROPERTY LOCATION Site Address 1595 Bohns Point Road Property Identification Number (P.I.D.) 0811723440015 abstract orPlease check one - Is the property __^ (for Conditional Use Applications only) torrens? Please attach legal description to application if not included on required survey. APPLICANT Name Phone (home) 544-4215 Gustafson Design Phone (work) 544-4215 Address 1845 Wisconsin Avenue North City Go)den Valley Zip 55427 OWNER (if different than applicant) Phone (home) ^ 1 i - Name Clark Winslov*/ Address 1595 Bohns Point Road Phone J_work) 332-15^4 City Orono Zip 55391 Date Property Acquired May, 1987 (month/year) I (do) (do not) also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS $100.00 a)Residential accessory Use $150.00 b)Institutional (church.school.etc.) $150.00 $250.00 c)Duplex Credit/Bldg Commercial/Industrial “TTV nr luZ-niin UX 1 1 U’f r-,A'‘v''r '".rj-rt AMrt;*WL. L'f 1 .lUt. d)Use $200.00 f)Land Alteration i T** • i * i';; »* i" A i w'w‘V'^ V Vt'V r>i “r.v' i 4. V V' 0 V V Grading and filling - 101 cui^^yd. oiimox.&0.00 Seawall, retaining walls withi/Eti;?5'TWb lakeshore -cwe--. r?»Vt-U-Ui-'V' tvv'i r PRD/PID - see fee schedule OTHER APPLICATIONS _ _ _ _ $150.00 Commercial ^ite Plan Review (+ consultant fees) _ _ _ _ $250.00 Vacation _ _ _ _ $150.00 Easement Vocation _ _ _ _ $ 50.00 Easement Vacation With Subdivision _ _ _ _ $250.00 Rezoning _ _ _ _ $200.00 Appeals Other - see fee schedule PRESENT USE CP PROPERTY Present Zoning District Residential Present Use of Property Single family Residential _ _ _ _ _ _ Other (srecify)_ r-Sr’UPTION OP REQUEST Describe request in detail:Oredr.o O'ji existing pond REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners v/ithin 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) 3. Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. The applicant and Property Owner must sign this application. Please remember that your application is not complete the above information has not been included. mm mm mm mm 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 ^m mm ^m mm •» ^ mm ^m mm mm mm mm mm mm mm • mm mm mm mm mm mm ^m mm mm mm mm mm ^ mm mm mm mm Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date 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 )cnowledge. f j /} Applicant's signature and /cor/fect to the best of his/her Date 0I4NERS SIGNATURE The owner hei-*by acknowledges and agrede to this application and further authorized reasonable entry onto the proporry by City staff, consultants, agents, commission members, and CoMncil members for purposes of investigation and verification of this request. /7j j] '' ' / „ - A r-;Owner's signature ( /. ... \ ___________ Date _____/ / ,L s / .n ^_____ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, it an applicant is unable to attend a scheduled meeting, to please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 1 ZZ "O m > V -< > m o :a o n 73 m m i: TJ73 O -0 > Oa 73 v4 I N4I fM U o 0 a 01 55ii 3 *0 m >\ -< > m O 73 o m Tj 73 > 2 a > a ZZ 73 m Q •- O O Son Oro ^73 0 ^ C ^C9 C3 m § § :a [n 01 ^ O #• i235o> *0 M C3 « > 2^ a m o > r* > 01 O 04 H- OBo» f%>^ •- I I f\>u -ooa :ro oo 0 01 -4 o Tr 2 > n W I « 5ova X 2 o > 3 rn 5 S J3^ a ZZ 73m 5s: -< U1 N 01 H C3J >9 i§ SOl M 01 z 04 H <3»— :oa 0. 0. 3 O > O -< > -4 aSz •• fi* m m a > L. -< ?l•<H 9 0 u CJ O' 01 01 >-• >J C9 4^ §r s:: §go X3 roa 5 sH O 2 > 3 13 ni m > 30 N -<> m z o :o >* a 3:u m 3Ou go 30 CO 5oX oo 04 30 § o > -4m o N TB Xo oooro -4 O \ _ > nj Z a po > a n » m 3Ou >aa:a CB5 O o 04 -4 O SS:c. c. S 3 a H sa r-d VM ►-* 01 >iS 3 H ( ♦— 1 Z (fi o§ >I oi ifi *n fVS vi w 04 O fK %3 ni Wi IV f*1 ^ c.•— a o o AJ O -< W 04 a •1 30§a o 2 Hm C. L. § 3 04 09 3o 01 §S »-*•os 3 H 1 oi >K #• 3 rt! H- 1 OJ 04 1m XI oso o Q «ji 39 *-Z <_ <_ Szw §5 z:5 vn in 04 ro 04 a > -< 9* ■4 C5 m I o > :5 o o 04 05 Nj I I rj V* c. ►- o o w H Z > H M9 (Ji-< t/1 Hm 3 XI m i •o>om •o M 01 04 oi o <r y. A '4"f/ k ■ * t» » • I 'H i fc - . — w< I\lli'li']=/IAHA C.q = =l<UKC MINMCTONKA vj AT=q 3;»*i- n OlSTPiCT P.O. Box 387, Wayzata, Minnesota 55391 aOAM OF MMUGQOc David H Coctvan. fVcs. • AIDert L Leivnan • John E. Thomas Camilla 0 Andrt • James R Spensley • Rchard R Miller • Mtchad R CarroH ■ ■1PI —IW * ■m T~vrrwi—i July 21, 1987Permit Application No.: 87-138 Owner; Clark Winslow 1595 Bohns Point Road Orono, MN Location: City of Orono, Sec. 16 BBB Crystal Bay, Lake Minnetonka Purpose: Dredge an exiscing wetland deeper and ti.stall an outlet to Lake Minnetonka. Dear Mr. Winslow: At the regularly scheduled July 16, 1987 meeting of the Board of Managers, the subject permit application was reviawed along with the following exhibits: 1. 2. 3. 4. 5. 6. Permit Application No. 87-138, received July 6, 1987. Site map showing location of proposed pond and adjacent property. Site map showing drainage swale across property east of pond site. Hand drawn sketch showing elevation of culvert under Bohns Point Road and proposed pipeline. Site plan showing details of pond construction. Site plan showing three alte’^ations for sewer installation. <( \ The Board approved the wetland alteration portion of the project only. The f\. applicant should note construction of the proposed sewer outlet is not t authorized under this permit. It is recommerdeo that the proposed outlet be considered under a separate permit application. _ _ _ _ _ _ \This docum*^nt is your permit from the MCWD. It is valid for one (1) year. If construction is not complete within one (1) year, an extension must be requested. Please contact the District at 473-4224 when the project is about to commence so an inspector may view the work in progress. EUGENE A. HICKOK AND ASSOCIATES Engineers for the District cc:Board G. Macoraber , Dale Gustafson ‘ Jeanne Mabusth, City of Orono Michael A. Ranzer, P.&j Date of Issue m I Bonestroo ^=m l^osene Anderlfk & \\\\ Associates Engineers & Architects October 12, 1987 Ono G Bor>etrroa PE Robert W Rosene. PE Joseph C. Anderlik, PE Bradford A Lemberg, f E R<hjrd E Turner, PE James C Olson. PE Glenn R Cook. PE Trvxnas E Noyes, PE Robert G S<r»unichi. PE Marvin L Keith A Gordon. PE Richard W Poster. PE Donald C BurgardC PE. Jerry A Bourdon. PE. Mirk A Hanson. PE Ted K Field. PE Michael T Rautrrunn. PE Robert R Pfefferie. PE David O Loskota. PE Thomas W Peterson. PE Michael C. lyrKh. PE James R Maland. PE. Kenr^eih P Anderson. PE Keith A Bachmann. PE Mark R Boih. PE Robert C. Russek. AIA TfKimas £ Angus. PE Howard A Sanford. PE OCT I 3 B8T Charles A. Erickson Leo M Paweisky Harlan M Olson Susari M Eberlin Mark A Seip city of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re: 1^139-1216 Winslow 1595 Bohns Pt.Rd. Dear Jeanne: We have reviewed the application fron Mr. & Mrs Winslow at 1595 Bohns Point Road for pond construction. The pouu will be located in a designated wetland area. The area to be excavated is approximately 25 percent of t'le wetland. The pond construction will improve the sedimentation capacity available and wildlife habitat. The construction will reduce the assimalation capacity of the marsh slightly. The pond is proposed to be 12 feet deep with 3:1 slopes. The proposed depth tf the pond will help to minimize alga growth and pond odors. The construction operations would result in some erosion problems so silt fence should be required near the pond outlet. The propo.sed construction would not appear to have any long term adverse effects on Lake Minnetonka. If vou have anv questions, please contact this office. Yours very truly. BONFSTROO, ROSKN’E, ANDERLIK 6 ASSOCIATES, INC. Glenn R. Cook GRC/jo Enclosure 7l93e 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636^00 To: From: Date: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administra_or October 12, 1987 Subject: Approval of 1988 Calendar of City Meetings The Planning Commission is asked to select a meeting night for the optional meeting of the first week of the months of July and September. Monday is a holiday and the first Tuesday of the month is a Park Commissi n meeting night. Planning Commission should select either the Wednesday or Thursday for the optional meeting night. 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U)cn H- O Tl COy ro ^ ^ 03i C7)CDrocn CO cr? M ro ^CO ro cn o ^ ^ CO ro 03o w o CO ro C/) CD i Tl o 5 focn W S H*cn ft C G C/3a 03 K ^3 tn CD -* ik U ro io O 0) o o ^>3 CT foro-»03 -A ^ ^ CD > ^ £ IQ 1^^ 0(0 sl' 0 >co*o >10(0 ► H«OOOCO^^H <3) O CO^ M fO -*03 ^ >1 CD ro -»-* < -* >1 O C5 «- ro ro ^ >1 O COO) ro ro -* _, . to ro t/> 05 -* “1 ro —^ cn CO -* H fOfO -• CD «-* *>i H to ro -* _o 0) O) CO to *n —ro ^c> CD ro cn Ti ^ ro fo ^^00^ O W O CD CD (D ro cn CD ^ o w CD CD ro C/) S Oi (/) D cu H-* rt- G »-1 D G ft G a p ft G 3 p ftrr oc iQcr 1 . • LO 00 o O mm CO C-3 ma m oD •O -J o O o o S 3 MPPP H- P lO oo c p o H- oo CD G rt O i- G i H* Wcn H* o p 3 G G ft H- P iQ ro P Oi cn rt c>^ Cb o ft P- — ^ 3 O Pa p a p o p Di P w >< 10787.1 TO; FROM; DATE: Mayor and City Council Mark Bernhardson, City Adroinistrato October 6/ 1987 SUBJECT: 1988 Meeting Calendar 1988 Board of Review Date Attachment A. Proposed 1988 Meeting Calendar I^SSUE 1. Adoption of a calendar for 1988. 2. Establishment of a date for the 1988 Board of Review. I^NTRODUCTION - In the last quarter of every year the Council adopts the following years meeting schedule. The proposed meeting schedule is outlined in Attachment A. As for the Board of Reviev/ date, it normally has been he’d in May, however because of a State law change during the 1987 Legislature the completion date for the levy to the County has been moved up 30 days from the middle part of June to the middle part of May. DISCUSSION - Because of the progress by the City Assessors in the review of properties in Orono together with the State law and the fact that the Assessors would like to do the City of Orono's Board of Review first among their clients (they also provide assessing services for Shorewood, Excelsior and Delano.) The following dates are possible dates to pick from for the Council. Tuesday, March 22 Wednesday, March 23 Thursday, March 24 It is hoped that we can set this well in advance so that people can use this schedule to de'-.ermine their business and travel plans. The proposed meeting schedule for 1988 does not differ substantially for the one that is being used in 1987 and with Planning Commission holding two meeting between May and September and the Park Commission meeting on Tuesdayr. RECOMMENDATION - It is recommended that the Council review the 2988 proposed meeting schedule together with establishing March __, 1988 as the proposed Board of Reviev/date and referring it to the Planning Commission for its input. Staff will bring it back for approval on October 26, 1987. PROPOSED MOTION - Moved by_, seconded by_, that the Council review the proposed 1988 schedule for its meeting schedule together with establishing March , 1988 as its Board of Review date for 1988 and refer tne schedule to the Planning Commission for their input. Ayes_, Nays_. • I cc; Jeanne Mabusth, Zoning Administrator Rolf Erickson, City Assessor John ?. Gerhardson, Public Works Director MINUTES OP THE REGULAR DRGNO COUNCIL MEETING HELD SEPTEMBER 14, 1987 ATTENDANCE 7:00 P.M. The Orono Council met on the above date with the following members present; Mayor Grabek, CounciImembers Peterson, Sime, Goetten, and Callahan. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerbardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by CounciImember Sime, seconded by CounciImember Peterson, to approve the Consent Agenda subject to removal of the following items: #9 - 1988 Cable TV Commission Budget #14- Jeff Essen, 2648 Casco Point Road - Berm Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by CounciImember Sime, seconded by C<^«’nc.i Imember Peterson, to approve tha Minutes of the August 24, 1987 Council meeting as submitted. Motion, Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS Planning Commissioner Johnson had no comments at this time. PUBLIC COMMENTS There wei.^ comments from the public. ZONING ADMINISTRATOR'S REPORT: #1056 OLAI «IANSON 1390 RAILROAD AVENUE VARIANCE RESOLUTION #2252 City Administrator Bernhardson explained the request for a side yard setback variance to construct a 2 car garage within 10' of the lot line. Applicant and affected neighbor, Mrs. Golden, have agreed upon a final lot line location and exchanged deeds for the strips of property in question. The proposed garage would be 4.6' to 6.4' from the newly established lot line. Mrs. Golden has concerns with the proposed garage obstructing sunlight from her garden. Present for this matter were applicant's Attorr.oy, Debra Page; and son-in-law, Henry Reiss Attorney Debra Page submitted photos of Mrs. Golden's garden in relation to the Hanson property. HINDTfeS OP THE REGULAR ORGNO COUNCIL MEETING HELD SEPTEMBER 14, 1987 #1056 HANSON CONTIN On behalf of Mrs. Golden, Attorney Dan Bergeron asked that the variance be denied due to affecting the value of the Golden property. He stated that the Hanson's have only one car/one driver, therefore, no hardship for a double garage. A single garage would not require a variance. Based on information from a reputable contractor, he noted that the garage could be placed elsewhere on the property for an additional $1,200 to remove the drainfield ana/or correct the soils. Henry Reiss stated that the proposed double garage would be used for car and boat storage. It was moved by CounciImember Goetten, seconded by Mayor Grabek, to adopt Resolution #2252 granting a variance to permit the construction of a detached double garage located 4.6 feet from the side lot line subject to completion of the subdivision of a lot line rearrangement. Motion, Ayes d, Nays 0. #1172 CHRISTINE BECK 3820 CHERRY AVE.4UE VARIANCE RESOLUTION #2253 Christine Beck and her son, James Beck, were present for this matter. City Administrator Bernhardson explained the request for variances to permit the construction of a deck to be placed 27 feet from the shoreline in exchange for removal of a lakeshore cabin resulting in a total hardcover reduction of 55.1 s.f. or .5% within the 0-75' area. Staff .uggests that the deck stairs may be constructed off to the side to avoid further lakeshore encroachment. CounciImember Goetten felt that removal of the cabin was a great concession on the applicant's part in return for this variance. James Beck stated that putting the stairs off to the side would involve more steps which would be inconveniert for his elderly mother. It was moveo by CounciImember Callahan, seconded by Mayor Grabek, to adopt Resolution #2253 granting the variance as proposed. Motion, Ayes 5, Nays 0. MINUSES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 RICHARD PUTNAM 2765 CASCO POINT ROAD VARIANCES FINAL RESOLUTION #2254 City Administrator Bernhardson explained the request for variances to permit the construction of room, garage, deck and enclosed porch additions to the existing house. On July 20, 1987, Planning Commission recommended denial of the request (4-1) based on insufficient facts. On August 10, 1987, Council conceptually approved the request (4-1). On August 24, 1987, Council referred the application back to Planning Commission for further review of the proposal in light of the staff's revised conception of the street lot line location which resulted in lower 250-500' hardcc.ver percentages, but also the technical need for a street setback variance. On September 8, 1987, Planning Commission recommended denial of the request (5-0) based on "overambitiousness" of the project and excessive variances in total. City Administrator Bernhardson reviewed the actual status of Casco Point Road right-of-way. Richard Putnam was present for this matter and addressed the reasons for Planning Commission denial as follows; 1. "Overambitiousness" of project - he did not feel the current proposal is overambitious based on the extent of work he has already done to the house since he purchased the property as a seasonal cottage. 2. Regarding the variances requested, he noted that all variances either currently exist or are an improvement from what currently exists. CounciImember Goetten noted that "overambitiousness" refers to the project being too large for the lot, in which applicant's lot is only a 60' substandard lot. She felt the project should be scaled down as done in previous applications that were considered overambitious. It was moved by Mayor Grabek, seconded by CounciImember Sime, to adopt Resolution #2254 granting the variances as proposed in consideration that many of the requested variances currently exist and that the project is consistent with the neighbohood. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay. Motion carried. Richard Putnam commented that the Cacco Point residents were pleased with the City staff's handling and operation of the Parade Home in their area. MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 #1180 CHARLES NADLER 2509 KELLY AVENUE CONDITIONAL USE PERMIT RESOLUTION #2255 Candice Nadler was present for this matter. City Administrator Bernhardson explained the request for a conditional use permit to allow land alteration within 75 feet of the shoreline to repair the shoreline area damaged over the years by ice flow heaving/pressure. It was moved by Mayor Grabek, seconded by Councilutember Peterson, to adopt Resolution #2255 granting the conditional use permit as proposed. Motion, Ayes 5, Nays 0. #1183 JACK SWENSON 3020 NORTH SHORE DRIVE AFTER-THE-PACT VARIANCE RESOLUTION #2256 , . . ^ ^ ^City Administrator Bernhardson explained that Council conceptually approved the after—the~fact variance (3~1) to allow a deck platform within 75 feet of the shoreline at the August 24, 1987 meeting. He noted that 7,400 s.f. of pink rock underlined with plastic along the shoreline was not included in the hardcover calculations. Staff recommends that approval be conditioned upon perforating the plastic underlaying the pink rock due to the substantial area involved to improve the ground absorbtion. He noted that removal of the plastic could cause substantial damage to the foliage which in turn could negatively impact the shoreline. It was moved by CounciImember Callahan to adopt Resolution #2256 granting the after-the-fact variance to allow the dock platform subject to eliminating Finding 3(f) "This is a unique request requiring special consideration of the Council" because he finds nothing unique to this request; and subject to perforation of the plastic underlaying pink rock. CounciImember Sime seconded the motion and submitted a Mark Hurd Corp. aerial survey dated 4-10-85 verifying that a 12'x 12' dock platform previously existed. Mayor Grabek inquired about the policy for allowing replacement/repair of dilapidated boat houses. Zoning Administrator Mabusth stated that a conditional use permit is required and replacement of boat houses has generally been denied. MINUTES OP THE REGULAR OROMO COUNCIL MEETING HELD SEPTEMBER 14, 1987 #1183 SWENSON CONTINUED Mayor Grabek pointed out that this is an after-the-fact variance in which lakeshore property owners know that permission is needed for work done on the lakeshore and that the Council is shirking their responsibility in the 0-75' area by approving this application. Motion, Ayes 4, Nays 1. Mayor Grabek voted nay. Motion carried. 11190 WAYZATA COUNTRY CLUB 200 WAYZATA BOULEVARD CONDITIONAL USE PERMIT RESOLUTION #2257 MAYOR'S REPORT City Administrator Bernhardson explained the requests for a conditional use permit required for land alterations involving the removal f approximately 9,600 cubic yards and a commercial site plan review for construction of an addition to the exist*.ng club house. Architect John Bossarhdt of Bossahardt Christenson Corp. was present representing the Wayzata Country Club. He exhibited renderings of the proposed new facility to the Council. It was moved by CounciImember Callahan, seconded by Mayor Grabek, to adopt Resolution #2257 granting the Conditional Use Permit as proposed. Motion, Ayes 5,Nays 0. Mayor Grabek reported on the special meeting held regarding the LMCD and its approach to the legislature and its proposed budget. He stated that the LMCD is seeking more authority to strengthen their position with the Met Council and Legislature by requesting authority in zoning matters regarding the 0-75' or 0-300' lakeshore area. He stated that he and many other Mayor's voiced opposition to any LMCD authority in zoning matters. It was recommended that the major issues be identified by the LMCD and submitted to the City Councils followed by a meeting to discuss these issues. CounciImember Callahan commented on the newspaper article regarding Minnetrista's proposed action for re^juiating Long Lake. City Administrator Bernhardson noted that the article was in reference to Long Lake in the City of Minnetrisla. However, he noted that staff has considered exploring some control regulations on Orono/Long Lske's Long Lake. MltniTBS OF THE RBGOIAR ORONO COUNCIL HBBTING HELD SEPTEMDER 14, 1987 MAYOR'S REPORT CONTINUED -Regarding the previous issue brought up in Application #1176 regarding the dedicated vs. traveled portion of Casco Point Road. CounciImember Callahan recommended that this issue be cleared up with the affected property owners and possibly require hold harmless agreements. City Administrator Bernhardson stated he would follow-up on this issue and the cost involved. CABLE TV report- 1988 CABLE TV COMMISSION BUDGET RESOLUTION #2258 ^ ^Councilmember Callahan stated that although the City has little control over the Cable TV franchise, wanted it noted that being presented a budget to approve over which they have no authority to use the money was not sufficient information for public bodies to justify that substantial an increase. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, that Council adopt Resolution #2258 giving its approval to the 1988 Lake Minnetonka Cable Communication Commission budget. Motion, Ayes 5, Nays 0. TRANSPORTATION REPORT There was no Transportation Report. CITY ADMINISTRATOR'S REPORT: HIGHWOOD ROAD STORM SEWER FEASIBILITY RESOLUTION #2259 . . City Administrator Bernhardson stated that a petition was received from residents in the Highwood Road area requesting a storm sewer to handle the drainage problem that particularly effects the Sauer and Baxter properties. Based on evidence submitted with the t»etition, staff recommends undertaking the necessary feasibility study for an approximate cost of $3,500.00 to determine if it is appropriate for a storm sewer project to be undertaken in the Highwood Road area. Jlen Sauer, 4104 Highwood Road, and David Baxter, 4108 Highwood Road, were present for this matter. Mr. Sauer stated that the drainage problem has existed ever since the City sewer came through and destroyed the drainfield. Mr. Baxter confirmed that there is a problem and it should be fixed. Public Works Coordinator Gerhardson indicated that the destroyed line in question was a private line. MIHUTBS OP THE REGOUVR ORONO CODNCIL MEETING HELD SEPTEMBER 14, 1987 HIGHHOOD ROAD STORM SDIBR CONTINUED , It was inovad by Mayor Grabek» seconded by Counci linember Sime, to direct the City Engineer to perform a feasibility study to determine the appropriate remedy to limit the storm water runoff which causes a problem in the Highwood area. Motion, Ayes 5, Nays 0. 1988 BUDGET MEETING ~ SEPTEMBER 17, 1987 - 7:00 P.M. ^ „It was moved by CounciImember Goetten, seconded by Mayor Grabek, that the Council luknowledge September 17, 1987 at 7:00 P.M. as the date and time for the 1988 Budget meeting. Motion, Ayes 5, Nays 0. 1988 COUNCIL GOAL SETTING , , uIt was moved by Mayor Grabek, seconded by CounciImember Goetten, to establish October 7, 1987 at 7:00 P.M. as the special meeting of the Council's strategic planning process for 1988. Motion, Ayes 5, Nays 0. MINNEHAHA CREEK WATERSHED DISTRICT APPOINTMENTS It was moved by Mayor Grabek, seconded by CounciImember Peterson, that the City Council direct staff to draft a letter of endorsement of the three candidates to the Hennepin County Board together with indicated the desirability of an ex officio position for a representative of the Lake Minnetonka Conservation District. Motion, Ayes 5, Nays 0. JEFF ESSEN 2648 CASCO POINT ROAD BERM IN RIGHT-OF-WAY .... .. kiCity Administrator Bernhardson reviewed the issue tabled at the August 24, 1987 Council meeting pending a recommendation from the City Engineer regarding the safety of a double curb cut. He explained that in this particular case a review of the file indicated that the Public Works Coordinator had reviewed and deleted the double curb cut with the plans giving no indication of an intended berm, however, the document with the deletion was not appropriately transmitted to the contractor which led Mr. Essen to believe that the double curb cut was approved. City Engineer Cook reviewed the plans and recommended approval of the double curb cut citing no safety concerns; and recommended that the berm be moved back to provide at least a 6 foot shoulder along Casco Point Road. Public Works Coordinator Gerhardson stated that Mr. Essen cut back the brush which was a major obstruction and no longer felt there was a safety concern subject to moving the berm back as recommended. MJNUTES OP THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 J^P ESSEN CONTINl ii:hi Jeff Essen was present for this matter and confirmed that he believed the double curb cut was approved with the building permit and would have designed the house differently had he known that it was not approved. It was moved by CounciImember Goetten, seconded by CounciImember Sime, that Council permit the construciton of a berm on the right-of-way 6 feet back for the traveled portion of the road and the construction of a berm on the right-of-way upon receipt of a Hold Harmless Agreement from the property owner and additionally allow for the double curb cut as outlined on the plans and if the bench is desired the applicant should submit the appropriate setback variance application. Motion, Ayes 5, Nays 0. RESIGNATION - OPPICER MARY HENSEL* It was moved by CounciImember Sime, seconded by CounciImember Peterson, the Orono City Council accepts with regret the resignation of Officer Mary Hensel effective September 14, 1987. thanks her for a job well done. Motion, Ayes 5, Nays 0. PALL CLEAN-OP DATE* It was moved by CounciImember Sime, seconded by CounciImember Peterson, the Orono City Council acknowledges establishment of Saturday, October 17, 1987 from 8:00 A.M. to 4:30 P.M. as the date for the fall clean-up. Motion, Ayes 5, Nays 0. 1950 SHORELINE DRIVE - SETTLEMENT AGREEMENT* It was moved by CounciImember Sime, seconded by CounciImember Peterson, the City Council adopt the settlement agreement for 1950 Shoreline Drive as presented. Motion, Ayes 5, Nays 0. METRO WASTE CONTROL 1986 PINAL COSTS* It was moved by Counci 1member Sime, seconded by CounciImember Peterson, that the Council accept the information regarding Metro Waste's final cost figures for 1986 and directs staff to include this information in their determination of rates for 1988. Motion, Ayes 5, Nays 0. 8 miNUTES OP THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 ^DMINISTRATOR'S INFORMATION* It was moved by CounciImember Sime, seconded by CounciImember Peterson, to accept City Administrator Bernhardson's Information regarding: Casco Point Road- Speed, 3536 Lyric Avenue, 1972 Shadywood Road, 3946 Sixth Avenue North, 2160 Wayzata Boulevard, 200 Hollander Road, 3645 North Shore Drive, 1920 Fagerness Point Road, 3405 Shoreline Drive, Dietrich/Blocker-458 Linden Avenue, Goal Setting, Purple Loosestrife, Administrator's Vacation and Conference, and Parade of Homes Special Event Permit. Motion, Ayes 5, Nays 0. CITY ATTORNEY'S REPORT: Mayor Gzabek excused himself from the Council for this matter. City Attorney Blatz explained that problems have risen due to the Council not approving the amendment to the Forest Arms Purchase Agreement at the July 13, 1987 meeting. She explained that a payment has been made by that was due and owing that reflected the amendment which was not approved. Therefore, Attorney Blatz requested direction from Council on this matter. City Administrator Beinhardson explained the status of payments made to the City since May 1987. Acting Mayor Callahan felt that further discussion of this matter should be done in Executive Session. It was moved by Acting Mayor Callahan, seconded by CounciImember Sime, to enter into Executive Session at this time (8:20 P.M.). Motion, Ayes 4, Nays 0. Mayor Grabek abstained. LICENSES* There were no Licenses for Council approval. * BILLS* It was moved by CounciImember Sime, seconded by CounciImember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes . Nays 0. ADJOURNMENT 8:40 P.M. It was moved by Mayor Grabek, seconded by CounciImember Peterson, to adjourn the regular Orono Council meeting at 8:40 P.M. Motion, Ayes 5, Nays 0. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor ANNUAL PLANNING INSTITUTES FOR PLANNING COMMISSIONERS AND ELECTED OFFICIALS Four Dates Three Locations! November 13 Grand Rapid'' November 20 New Ulm December 4 St. Paul January 20 St. Paul GOVERNMENT TRAINING SERVICE WHO SHOULD ATTEND? Members of planning conmissions, boards of adjustment/appeals and governing bodies in Minnesota cities, counties and townships. Also valuable for members of other advisory coimiissions, housing and redevelopment authorities, staff without degrees in planning, and real estate professionals. INSTITUTE CO-SPONSORS * Association of Metropolitan Municipalities * Association of Minnesota Counties * Humphrey Institute of Public Affairs * State Planning Agency * League of Minnesota Cities * Minnesota Chapter, American Planning Association * Minnesota Association of Townships * Minnesota Planning Association Annual Planning Institutes are for those new to land use planning or interested in a review of fundamentals. PROGRAM FEATURES • Informational presentations combined with workshops and simulations • Faculty with extensive backgrounds in planning and instruction • Packet of handy reference materials designed to make your job easier • Answers to your questions about duties and procedures Improve your Skills: Making zoning decisions, evaluating subdivision proposals, learning and applying planning terminology and working effectively with others in the planning process. Plus earn Real Estate Credit; Iliis program has applied for six hours of credit to the Commissioner of Securities, relating to Continuing Real Estate Education. These institutes are for you. REGISTER TODAY! • Noveitter 13 (Friday) Rainbow Inn 1300 Highway 169 E. Grand Rapids, MN 55744 218/326-9655 • November 20 (Friday) Holiday Inn, New Ulm 2101 S. Broadway New Ulm, MN 56073 507/359-2941 • December 4 (Friday) • January 20 (Wednesday) Earle Brown Center U of M St. Paul Campus 1890 Buford Avenue St. Paul, MN 55108 (Enter on Snelling through State Fairgrounds) 612/624-3275 CORE FACULTY IAN TRAQUAIR BALL, Planner & Attorney, Rasmussen & Ball GEORGE HOFF, Attorney, Hoff & Allen GUNNAR ISBERG, Planning Direc tor, Consolidated Planning Dept., Rochester/Olmsted County GEORGE MARKS, Council Member, City of St. Anthony DAVE SELLERGREi'l, Attorney, Larkin, Hoffman, Daly & Lindgren KAREN SHAFFER, Attorney, Metropolitan Council FUriTHER INFORMATION Contact Sandi Hoglund (Registration) or Vivian Hart (Program) at Government Training Service 612/222-7409 or Minnesota Toll Free 800/652-9719 An Advanced Planning Institute will be held early in 1988. See registration form. 8:30 REGISTRATION am 9:00 INIRODUCnON TO PLANNING: Why Plan? Elements of a Carprehensive Plan, Legal Aspects of Planning 10:25 REFRESHMENT BREAK 10:40 BASIC PLANNING TGOLS-PART X: ZONING, VARIANCES, 0}NDITiaAL USE PERMITS: Definitions, Rationale, Uses, Myths/Misconceptions, How-Tos, Non-Conforming Uses "ZONING CASE SIUDIES: HYPOTHETICAL PROBLEM SOLVING" Participants are placed into small groups in which they work on rural or urban zoning issues based on actual situations and timely concerns. 12:40 LUNCH pm 1:25 BASIC PLANNING ICOLS--PART II: SUBDIVISION REGULATION: Definition, Rationale, Uses, Content, Procedures, Design Standards, Financial Guarantees, Special Provisions "EVAI,UAHNG A SUBDIVISION PROPOSAL: A SIMUIATION:" Participants work in small groups to evaluate a developer's subdivision plan using standard planning tools—the comprehensive plan, ordinances, aerial and soil maps 3:45 THE ROLE OF THE PLANNING COMMISSIONER, THE ELECTED OFFICIAL, STAFF AND THE BOARD OF ADJUSIMENT/APPEALS Responsibilities of each group; procedures; tips on conducting effective meetings and public hearings (Panel of local officials) 4:30 ADJOURN NOTE: This curriculum is a repeat of what has been offered in previous years. REGISTRATION/CANCELLATION The $45 per person registration includes lunch, refreshment breaks and handout materials. Register in advance on the attached form (at least 10 days prior to the Institute date). A full refund of the fee will be made only if the registration is cemcelleg 3_ working days in advance of the program. Substitutes for registered participants may be nade at any time. Should inclement weather (or other circumstances beyond our control) necessitate program cancellation, participants will be notified via announcements on WOCO Radio arid other local stations. W A WA • About The Government Training Service (GTS) GTS is a public organization, whose mission is to meet the changing management auTcl leadership needs of policymakers, staff and appointed officials by providing innovative, comprehensive, practical training and consulting to publicly funded organizations. REGISTRATION 1987/88 PLANNING INSTIiOTES (OffiCK ONE) November 13 - Gremd Rapids _December 4 - St. Paul November 20 - New Ulm _January 20 - St. Paul Name Daytime Phone (_ _) Address City/State/Zip. Jurisdiction Title How long in Positioa Enclosed is $45/person payable to Government Training Service Bill me ($45 plus $3 billing charge) Send me more information on Twin Cities overnight accOTtnodations Send me more information on Advanced Planning Institute Please mail to Government Training Service, 202 Minnesota Building, 46 East 4th Street, St. Paul, MN 55101 - At least 10 days prior to Institute Dacel