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Home My WebLink About11-16-1987 Planning Packet(JU"Ly PLANNING COMMISSION MEETING MONDAY, NOVEMBER 16, 1987 7:00 P.M. 1275 BROWN ROAD SOOTH - COONCIL CHAMBERS COUNCIL REPRESENTATIVE • James Grabek ATTENDANCE PUBLIC HEARINGS 1. 7:00 P.M. #1218 The Estate of Ruth Smith, 387 Orono Orchard Road Preliminary Subdivision ACTION ITEMS 2.#1104 3.#1107 4.#1207 5.#1209 6.#1215 7.#:.217 8.#1219 9.#1220 10.#1 u21 11.#1222 12.#1223 13.#1224 14.#1225 ^ ^ ^ ^ - — — _ Variances - Continuation of Public Hearing Variance - Continuation of Public Hearing Variances - Continuation of Public Hearing Tina White, 2150 Prospect Avenue - Variance - Continuation of Public Hearing Conditional Use Permit - Second Review Variance - Public Hearing After-the-Fact Conditional Use Permit - Public Hearing Variance - Public Hearing Variances - Public Hearing ^ ^ w ^ ^ ^ — -- -' ^ — -- - --— — — — — — After-the-Fact Conditional Use Permit - Public Hearing John B. Waldron, 1951 Concordia Street - Conditional Use Permit - Public Hearing Minnetonka Boat Works, 1449 Shoreline Drive - After-the-Fact Conditional Use Permit/Variance - Public Hearing V ^ - - — — ^ ^ ^— — W ^ ^ ^ — Variances - Public Hearing PLANNING COMMISSION MEETING MONDAY, NOVEMBER 16, 1987 7:00 P.M. 1275 BROWN ROAD SOOTH - COUNCIL CHAMBERS ACTION ITEMS CONTINUED lb.#1226 16.#1227 17.#1228 0 0•#1187 Variance - Public Hearing Variance - Public Hearing Walter R. Wittmer, 1420 Baldur Park Road - Variances - Public Hearing North Arm Estates Assoc., 215, 340, 350, 360 & 370 North Arm Lane - Conditional Use Permit - Second Review ADDITIONAL ITEMS 19. Planning Commission approval of October 19, 1987 minutes- 20. Planning Commission to select a representative to attend the December 14, 1987 Council meeting. ADJOURNMENT PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE / I ~ / L'>- 2^ PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please pri.it)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) 1. 4 h i HhcA* /Jt//•4^ I. >fXx.i^iUL' 3 ni^ 3. Bcihft-s’vCc' ,/A/ ch.-c:;', /'V' > / f /C> /' c'V'*/C^^/v/v. 51s./ <>/> vL'/S' 9- 6 ' c'5 T”c 7. /i-^L i / .Ww; V'> '/ ) 8* ^ i‘U\l ^V/// Uc..LZ-i- jy 9 • y\ -a^' i i / )^yy/ , /'-rX Zr 0. kdrCo tvLden 4(1 ‘V L'/» L —t^- 3 ^'^■'4>Ort vs, ' »:/Lv\7r'l;) 2. by^r A-., /z-:...42 /4 3. C' i r7^V'y^ ->uc'. ___¥ ' i.-.i/rt, /-w ,/ /C/y^/jy^ 4 -//- L- 4. Al.^ f /\/^ ,• fSJ -J V; *fc '-Zr/' F. - t Ls) v-/»// / is. i 6. 7. 8. 9. 0. 1 • ! • Pc PUBLIC ATTENDANCE CITY OF ORONO . I MEETING DATE / /* /6 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY FJECORDS. NAME (please print) NAME OR NUMBER ADDRESS 3. J^A//§SS .s/."" (Z i Z^ ^i-d. il ta. 1 / TTT:: . _, - [yywckL •-'< '■ >C' \] c '■. jV C-) d'.laoq /2 0 ‘7 A^: c[. \')*■/ li. L .,'■ 9 ^ /-ZyLC /9o 5 /y-/.;-x ( 12^1 8. f/X^ I // 7 10. hu/jl '' 1/*''^”5)^' ■ / /? . ./ / ..? 7 11. r>.v^.//^ i-.-l 1 «-1 i 12. • 13. 14.• • 15. 16. 17. 18. 19. 20. t To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson /. Prom Jeanne A. Mabusth, Building & Zoning Administrator Date:November 11, 1987 Subject: #1218 Estate of Ruth Smith — 385 Orono Orchard Rd S - - Preliminary Subdivision - Class III - Public Hearing Zoning District: RR-IB Application: Subdivision - Plat - 2 Lots Total Area =16.1 acres 13.7 acres dry 2.4 acres wet 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 - Application Property Owners List Plat Map Berg Letterners List Cook Report 11-9-87 Cook Sketch of Road Corridor Septic Map/Plan Planning Commission Meetings 6-20-66 Original Plat Wetlands Map Preliminary Plat Review of After the Fact Application 1966 the Orono Planning Commission reviewed and acted on a 2 lot subdivision application of Spencer Smith; the application was never aproved by the Orono Council, (review Exhibit H) The 1966 application is the same proposal as the plan presented for this current review. (exhibit I). It is my understanding that Mr. Smith then proceeded to sell the 2.7 acre lot to Mr. Dettloff without City approval and the required legal transfer legal ownership. A deed must have been created with a metes and bounds description for transfer to Dettloff. As the City had no record of approving this division, the tax records and county plat maps still show the original 16+ acres parcel. Ed Callahan now represents the estate of Ruth Smith (Mrs. Spencer) and has filed a subdivision application in order to resovle not only the matter of the illegal transfer or land but to clear title for sale of remaining property. Staff has dealt for years with Mr. Dettloff regarding this problem. Dettloff was advised to file an after the fact subdivision application and appeared on at least 2 occasions to be ready to file but it never happened. Callahan has been advised that the City will deal with this application as if it were a new subdivision irregardless of the defined lot lines that describe the parcel originally transfered to Dettloff. Per Section 11.02 Subd. 11 A, BSC Planning Commission must make a recommendation to the Council regarding the violation and penalty as part of this application. Please review these sections of the code. Zoning File #1218 November 11, 1987 Page 2 of 2 Review of the Current Proposal: The application (exhibit K involves the division of 2 lots from a 16+ acre property currently shown as owned by the estate of Ruth Smith. All existing structures appear to meet required setbacks for the RR-IB zoning district. The following items must ba addressed with this current review; Access- Lot 2, the larger lot can be futher subdivided. The reviewing staff recommends that the shared lot line be realigned to provide a corridor to Orono Orchard Road - see exhibit F. The engineer confirms that in spite of the steep slopes within the approach area that a private road can be constructed at acceptable grades. Th^ existing access can serve the properties at the proposed 2 lot level. Owner of lot 1 must grant access easoment in favor of lot 2. Please review Cook's report (exhibit E) that deals with the access issue. Septic System- The surveyor has used the City's septic inventory cards to locate existing septic system (exhibit G). Lot I's septic system has never been located. As with the Ziminski plat at your last meeting, the City must ask that the existing septic system be located before lot line placement is finalized. Septic testing has been provided for the alternate septic site for lot 1. Lot 2 is over b acres and will not require additional septic testing. Wetland- Review exhibit J, the designated wetland to the east side of lot 2 has not been shown. Surveyor must designate the wetlands and reconfirm dry buildable area of lot 2. Dedication of Right of Wav- The applicant must dedicate 33 feet of right of way for Orono Orchard Road. Areas of lots must be exculsive of road right of way. Accessory Structures- The e>:isting accessory structures on lot 2 shall be reviewed or inspected to determine if the buildings are in a hazardous state. This type of evaluation is similar to the evaluation made of the accessory buildings on the Hollander property in the recent subdivision review. This is a separate issue from the subdivision review but has become a standard procedure for the zoning staff when dealing with older, established properties. Staff Recommendation: To table all action on the proposed subdivision application for the estate of Ruth Smith subject to the resovle of the following: 1. Location of existing septic system on lot 1 - applicant may wish to restest and install a new system depending on condition of existing septic system. 2. Preliminary plan to bo amended addressing the following: a) designate wetlands to the east on lot 2 and redfine dry buildable area on lot 2. b) realign shared lot lino of lots 1 and 2 designate a platted access corridor for lot 2 to Orono Orchard road per staff recommendation. \ fj o ;A' o Date Rec'd By 72 /. Fee Rec*d J} CIJY OF ORONO SUBDIVISION APPLICATION FORM - - - - - - - - - - - - - - - - - - - - - -^ - APPLICANT Name of the Estate of'Ruth E. Smith _________ Telephone 333-9100 PROPERTY A*1CI X JL X 11 Vj /AUUXCOd O* ::7L.ll OL..# IMll (C.\J ^ f Name The Estate of Ruth E. Smith Telephone 333-9100 OWNER Cedric Dettloff and Meurion Dettloff - 473-6739 Mailing Address 90 S. 9th St., Room 203, Mpls., MN 55402 (Attach list if more than one) Dettloff - 1255 Dickinson St., Orono, I'^N PROPERTY LOCATION Street Address 385 Orono Orchard Road South, Orono, 55391 Property Identification No. (P.I.D.) 02-117-23-23-0002 Complete Legal Description to be attached to application r T 7 v' -*r "7 "I/"—- - - -— ^ — - — — — - - -—- - - - -- - - - - - - - - - - - - - - - - - -- - -^ EXISTING LAND USB Number of Tax Parcels/ Development Size rT„‘A>?-r rrCTT-r !I j.ixnnLU c'.' I iiuu i , *:*/•/'.7.-“VA a j A u'CViLt'VV'V'V' rr i Ai rLAi “’r‘» M V J. Ct-»I 4- u* V ■ vv 16.232 16.232 rurrv ti .i/*, . J i i^tiA »i- i.wv'.vvAcres Dry Land Acres Wet Land . .. .... _., Acres Total, all parcels*'*"'-' -7 *■ i I'l1 —. / u ,i V/ J. v.»/ t* / r.L rrTOT.Tu>A*i vri// Present Use (check)Residential; no. of units Other (specify) _ _ _ _ _ _ Present Zoning District PROPOSAL _ _ Division for Tax Purposes X_ Lot Line Rearrangement Only (no new building sites) _ _ Subdivision for New Building Sites 2Number of Building Sites;Existing Units New Units Total Units Proposed Gross Density Minimum Lot Size: Units per 16.232 Acres Square Feet Dry Buildable Land Proposed Use; (check)V Residential Other (specify) (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes ( #10 ) pre-addrossed 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 _ _ _ _ _ _ __ 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 ^r mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning ijepartment that Final Plat Application is complete. Zoning Officials Signature ________________________________ Date ____________ _ FEES Sketch Plan Review (Class I, II & III) Check . . Enclosed Preliminary Review (Class I & II Subdivisions) _ _ _ _ _ Preliminary Review (Class III and all non-residential) _ _ _ _ _ Final Plat Review (Class III) ♦(Plus any legal or engineering charges) $150.00 $250.00 $300.00 plus 20.00/lot $150.00* Applicant ha^: 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 agree*, to pay all additional fees established by ordinance. Applicant's Signature Owner's Signature _ _ ' Representative / / Pet sonal Date 10/14/87 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. 0^- m3 ■ ♦ 7 46 *^l •^Q's® li < o^^in -5B- :•!: . .U * 'I V ».-*/♦'li i ;a’ ’ .■ H V- I ^ (V I It V 1 DICKENSON ST 1 *1 V ' • • »»■ , V '** 1 |U cX * \~ >>... > ^. lijtc ir •: Gi rln " nK^ ^ ■ <G •/ 6 '» \ ;'i6 V' v.» . 1 £ rf X t*'*» 4(i«:’ If \ ** • ' t» ^«a ;. .■? : . . i _ .:! IL ,< r: : ’ u J -'r ^»s ,<• , >V4 ? •*m r rms'iSFH |M»|N !• ItlKTIS A ftlsurr |R M rAi Min l*U IIA|ir> M IIASMN jiFoMi p rnifMvis MoKlnr U UnUHlT P \AM>S 1^1 ini A IlftMY KAYMOSM M lA/AP 1M('MASR klSi, |<»HN II STm? I lA.MIS I B a IMII U iiiiam i AAvrr K MUTflAM '.HIIMM WARnrs r v.A( A |nMN I MJYMHS < HARI It P hitsssin V*« IS1IN T |OHNV»N lIMorilY M HIAMY JAAIISP IIAIIIP ;aih HOC triKN IftMtlRM K I flM H IHOMAS W (.AHrON |OH». A SATOPH s MU HAIl A MIPS MU A WHKApr WIHIAMI I'POfiV |OIIN M MIFMI TIKfMAt A IHAAIP |o||*j /. i.piMMAl I PIC A am >1 PM IN I'AVU) P pt yjii i*Avit» V cpopi n PONPAt) ; IPILIItMASS lAPPV j PIPC }OHS I IPIIAPT JOHN C P'lM KATIItflN A l|l'( M£S joiis M posrrp PtiPIPT I tu PNS }p. FREDRIKSO A I ROM s' inNAI I luo IN IlRNATl *‘0() SKC'ONI) AVIM i; SOLTII MINNhAF()LIS MINNhSOFA 5R402 .1347 li:i I X 290*>f.‘l KRFDKIKSON MI’S TU FCOPII K tUlJI 14 7 7«)77 TFltrilONi: tbl2| 147 7000 WKIFFRS DIRLCI DIAL (612) 347-7052 October 23^ 1987 IASMPY . maphimin MfIM I lA A PMTIIOS MU MAll A TPirrilO IIMIAI SiMWAPT/ lAVIS P I'l An l•Av^l> r PI sof PAYMOSI) I LAI f IIP CPPf.oRY r RAIIInl MIAPnS K IPMfP PnriPT K PAMM MAI p MCPCAN TIIOMAt B MOIFMAN MAPY S PAM M lAPPT D HAt<^F II BPICI».^OMllS n isros I < I TLIP PASDY P rVASA SlUVA I !AN|J|;P5 MAPV P PAI AIAS VAMPIP S 041! MIS CAYM «. lirSMIi Y /APHA patpilh r M ijivAs P'lPIPTt PO'SVIPT |P MMtiS c PfHir AASMPA YAK.IP P(«MIAC MAPY r SrPANM LYNN M (.APMIN prvi.s I) M ( apy MAl t/IPY P MIMINt JI MS P W! PM P.1IAN O roPMPII A SI’.AN I IIAPMMa S COSKI IS NANCY I OSPKA PUM)A P PASIP PPAMIBY P I >YVlPSON NIFVES S PK P ASS M ! a !)|) wim I wpiGiir IJ9IJ mu OP cot SSIL llAPOtl) M PPinPIKSOS EAPI P COIPOPS JP Ms. Jean Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: Application of V^inston R. Lindberg as Personal Representative of the Estate of Ruth E. Smith for a Lot Line Rearrangement _ _ Dear Jean: I am one of the attorneys representing Cedric and Marion Dettloff who own the portion of the subject property shown as the "Dettloff Parcel" on the map which I have attached to this letter. Mr. Dettloff and his wife are in favor of th.e Lot Line Rearrangement referred to above provided that the City not require that they grant an easement in favor of the Smith Parcel any wider than the width of the existing driveway which benefits the Smith Parcel and which is located upon the Dettloff Parcel. I am aware that at sometime in the future, should the then owner of the Smith Parcel wish to further subdivide its land, a more extensive easement may be required by the City. At the present time, however, the Dettloffs would oppose any subdivision requiring an easement across the Dettloff Parcel any more extensive than the present driveway. If you have any questions or if I can provide you with any information or assi.stance in connection with this project, please don't hesitate to give me a call, j / y Very bje^t regards. LJB:]ms Enclosure cc: Mr. & Mrs. Cedric Dettloff Mr. Edward Callahan 1157i Berg m Bonestroo Rosene Anderlik & Associates Engineers & Architects Ofto G Bone^iror Pf Robert W Rosene, PE Joseph C Andefi.R. PC Bradford A lemberg, PC Ruhard C Turner. PE James C Olson, P[ Glenn R Cook, PC Thomas C Noyes. PE Rot>e»t G khunichf. PE Marvin L Sorvala. PE November 9, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: File No. 139-1218 Spencer Smith Ke:th A Gordon. i’E Ricr»ard vV Foster. PE Oonaid C Burgardt. PE Jerry A Bourdon, PE W.uk A Hanson, PC Ted K field. PE Michael T Rautmann, Pf Robert R Pfefterie. Ft David O Loskoia. PE Thomas W Peterson. PE Muhaei C Lynch. PE Jaynes R Matand. PC Kenneth P Anderson. PC Keith A Bachmann, PE Mark R Rolfs PF Robert C Russek. A I A Thomas E Angus. PE Hcjward A Sanford. PE Charles A Erickson leo M Pawelsky Harlan M Olson Susan M COerlin Mark A Seip Dear Jeanne, We have reviewed the proposed subdivision for Spencer Smith. We would recom mend that provisions be made for a permanent separate access to lot 2. The existing driveway access can be used as long as this remains a two lot subdivision. An easement should be provided to lot 2 over lot 1. The exist ing driveway access point is not desirable for more than two lots because of the alignment at Orono Orchard Road. The future subdivision of lot two should require that a separate access be provided as shown on the attached plan. The subdivision should be modified to include the additional area for the future street access in lot 2. If you have any questions, please contact this office. Yours very truly, BCNF.STROO, ROSENE, ANDERLIK i ASSOCIATES, INC. / I /CCc t/c. Glenn R. Cook GRC;li End. 2335 West Highway 36 • St. Paul Minnesota 55113 • 612-636-4600 line of •'' a VA of <,ec. 2’tn-zi S, ( iT /3V OO u^3.ir s J 1 JO*'• ailti wi|{« (inc of A<W'4| •f 5c^.Z 1> \ • ~rfi,'.oz‘ *' 'dui/din^ sc/6ac^ y •Soo^h ///^ of S^AZ>Oijfh i/rj^of i3*426^ acre^ fo^d //. / t ac^er jfr-y 17<^ o^i N Ln r* O oc o r- ♦ o o te r' '• • li ’n tcf SvJkf. c f >M'<icfScc.S~,'7-C3 Ccsf /wtf c/*<»/■ Ki-//j cj^Sciz ■ 2-in -2^ -X. Di . HIinj'xE3 0? A IffiGUMR IIEEBIIIG OP TIK PL.MIIIIIIG C OHIII Gf31 Oil, VILLAGE OP OROilO .^UlIE 20p 1966 ^ho moo'ijljac wao called to order by Vico Chair- WnoAo Cui*ry at 7 j 45 PoUo llonboro precent woro: Ho So Rice and RoPoDon^ookOoAboentt BoJoEuacoll and Y/oHellillGpJro CALL TO OIUDER Prank RoThonoon wao prooontto r<3q,iioct roccom- nendationa for a bu:lld«.ic porait on Loto 3 and 4p Block 3* Berequiot and V/icklund’o Park® Tho view ing conmltuoo"roported that thoco loto corronpond to adjacent propertlGO v;hore two 50 foot lots are corjbinod for bnilding oitcOo Bongoske noved,P.ice Gocondingf th^,t approval bo rocomendodo notion paaoed 5-0o Spencer Snith and Gordon Coffin ncro pracent to cubait a rovioed plat for the oubdivlcion of Llr- Smith'6 property on the Orono Orchard Roado The now plat indicatoo a 5 acre lot (A(i> to be divided from nr» Snith^a 15 ncro propert^’-c Tkox’o ic a house existing on thie lot. It v/na auggootod that thie lot bo nado either norc or Icaa tlian tlio 5 acroo in order to avoid tho problem of fu’'oire subdiviaioiicbut the motion to rcconnend approval, made by Rice and seconded by Dongoako^did not in clude this nuggestiona Motioii paosod 5-2« The roqueat of Richard Erickoon for a build‘s ing permit on part of Lot 22pPhoaoant Lawn AddUo was to.blcd ponding a viov/ing by our Village In-^ spector EU'.d a ccLmittec of thia body. There being no further bucinaco^tho meotiiig v/aa {idjeumed at 8s50 P.II* VlRIAirCE PoRoTHOIij\S SUPLIVIGIOII SPEliCER SIIXTII VARIANCE RICIHiRD ERICKS Oil ABJ0ull:IT.r!2i;T Do Bo BcltpSco^y C Ai'~( (£ f~ f Li 7 J 6 T > 9 Deocrlptlca: That port of the Southwest quarter of the forthwost quarter of Section 2, Township 117, Range 23, lying East of the V!oot 516 feet and South of the foUovlng-^oBcribod lino: Cciraenclng at a point In tho Vfoct lino of tho South half of tho Korthwoot quarter distant 400 foot South of tho Korth- voot corner theroofj thenco ^storly parallol with tho Korth lino thereof to a point 176 feet Uest of tho East lino of tho Southwest quarter of tho Eorthvcot qxmrtorj thcnco Southeasterly to a point In uald East line dis tant 520.7 foot South of tho Eorthoaot corner thoroof. Scale 1 Date : ip d If?3 - 1" - 200' 4^7 3 7 Gordon R. Coffin Innd Surveyor and Hounor Lena Into, Minnesota "3 /m ’ l ”!AT. wr ’?CMv.:p. S I AX u rt*r :■ ,>r I u C Jf/.TS riMw^rs AtiD :zsz:ss.::.jse2: ■-.- .■rr-.-TA anuBAar. a. .a :: i-*. •! .-. AcrBa.'jn; / qpiii ! ^ ■ . iii ^^^ * r» ^^ lJ ^ !t:m t'-jx r TO: FROM; Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator DATE;November 12» 1987 SUBJECT:#1104 Gregg Perl, 309 Westlake Street Continuation of Public Hearing - Variance - Application - Request for rear and side setback variances and height variance to construct an addition to existing residence. Zoning District - LR-lA 2 acre unsewered List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Updated Survey Updated Survey with Proposed Addition Letter of Request Regarding Height Variance Planning Commission Minutes of 2/17/87 Planning Commission Action Notice of 2/19/87 Memo and Exhibits of 2/11/87 Letter to Applicant 11/14/87 Discussion Applicant has provided soil testing and design Cor interim repair to his septic system. This repair would include additional drainfield trenches as an extension of the existing system, although soil conditions indicate that a mound type drainfield system v/ould be most appropriate for this site. Because installation of municipal sewer is anticipated in this area within the next tv;o years, the less costly trench system as an interim repair is appropriate. Applicant has submitted an updated survey and scale plans, ana has indicated the location of the proposed addition. The proposed rear setback based on the plan submitted is 27.1 feet not 29 feet as originally indicated. Side setback will remain at 12 feet as proposed. The house to garage setback will be nil if the house is attached to that garage. Applicant has constructed footings underneath that garage, hence attachment of the two structures is feasible and is recommended by staff. The 12 foot side setback continues the line of the existing house. The neighboring house to the south is more than 60 feet away, hence the encroachment on light, air or open space in the neighborhood is insignificant. Applicant has been unable to purchase the property behind him. Staff would note that because of the steepness of the slopes, it is unlikely that a house would be located directly behind him at any time in the future, if he was never able t<~ purchase the property. Staff would recommend approval of a 27.1 foot rear setback as proposed. Regarding the variance to the height limitation of 30 feet, applicant has submitted a letter describing his concerns and reasons for the height variance request. The peak of the highest roof will be 28 feet above the ground elevation at the rear. From the front the peak height would be 35 feet. Staff would note that based on the definitions of building height in the code, the open loft space requires that the height measurement go to the peak of the roof rather than takiry an average from the eave to the peak. You will also note that many new homes in Orono exceed the 30 foot peak limitation, but based on the average peak height measurement, do meet height requirements. The height requirement appears in the code apparently for niainly visual aesthetic purposes. Staff would note that in this case the height of the structure will be masked somewhat by the extreme slope above it, hence the house v;ill not stick up into the sky, but may appear as blending into the hillside. It is unlikely that this structure will be visible from the lake. Existing vegetation and the setback of approximately 175 feet from the read would all tend to make the 35 foot peak height non- obtrusive in the neighborhood. Inspector Tom Jacobs has indicated that the height of this structure v;ill not be a safety concern for f i.. a fighting purposes as long as the garage is attached to the structure. Staff RecomiBcndation Given the information supplied, staff recommends as follows: 1. Approval of a variance for side setback of 12 feet rather than 30 foot required, finding that the neighboring residence structure located at that side is more than 60 feet away and this variance will not cause any significant encroachment on light, air or open space in the neighborhood. 2 . App r oval of a rear setback variance to all ow a rear setback of 27.1 feet where 50 feet is normally required, finding that the steep slopes above the house make it unlikely that a house could feasibly be constructed on the property to the rear. Noting also that that rear property is about 2/3 of an acre in area and is unsev/ered with virtually no location that is reasonably feasible for installation of a septic system and is not likely to be served with municipal sower from below, hence any future house on it would likely bo near Tonkawa Roarl. 3. Staff recommends denial of a setback variance from the garage structure to the house structure and recommends that those structures be attached for safety purposes, noting that applicant has constructed footings under tlio garage so that it is now feasible to attach those two structures. 4. Staff recommends approval of the height variance to peak height of 35 feet from the front side of the house that the steepness and length of the li i I 1 behind the house and allow a finding the extent of existing vegetation will tend to eliminate the encoachment of that structure above the existing tree line, and hence will eliminate any visual encroachment of the structure into the character of the neighborhood. The structure will not likely be visible from the lake due to the topography of the neighborhood. 5. Staff recommends that the applicant be required to complete interim repairs on his septic system no later than July 1, 1988. Some leeway can be given with that date if installation of City sewer appears imminent in 1988 or 1989 and the existing system is functioning adequately at that point. 6. Staff notes there have been no complaints regarding storage on the property since very early in 1987, and the home occupation aspect of the property has apparently ceased. 7. ?Iardcover allowed on the property is 35% or 13,100 square feet. The proposed hardcover is 9,500 square feet or about 25.4%. Hardcover is not an issue with this application. 8. Applicant is advised to submit a revised plan showing the attachment of the garage to the house, if the existing plans do not reflect room sizes that allow that attachment to occur. This item will be scheduled for the November 23, 1987 City Council meeting. '4^ LS U l-si 'A J Certificate of Survey for Gregory Perl in Lots 1-3, Block 2, "Hillside Par Hennepin County, Minnesota NCN-2B87 h- (/) UJ O.M. 30 I hereby certify that this is a true and correct representation of a survey of the boundaries of L,ots 1,2 and 3, except the V/est 207 feet of said lots, Block 2, "Hillside Park", according to the recorded plat thereof, and the location of an existing house thereon. It ooes^ not pui’port to show ottier Ir.jprovenents or en croachments . Date c> o Scale 10-19-64 1"=50' Iron marker ra J A0*.a^» f rAe^< GORDON n. COFFIN CO., INC. r Mark S. Gronberg Reg. Ho. 12755 Gordon R. Coffin Reg. Mo. 6064 Engineers & Surveyor.': I.ong . :e, Minnesota Ccrtificate of Survey for Gregory Perl in Lobs 1-3, Bloek 2"Hillside Par Hennepin County, Minnesota » , •• Ja}si'iV 207 cvj Soo 0 Vc O -fN \ P I 1*0S I h ^ % 49.72. Z49.7 :*T v:- ►-n e. a. 5 , I I, Ek;»^:«) Ga.<i»5C i "f,>■S, , 4o.»"■'4]2S4 < 1 > f- 1 1 if 'iry >y'« o ' I y' 1... ----/ y-s 250iicsc. 24^:).77 mca.s. 0.1^ • !S V‘^11 fc-tva < cJVv^ 5rikc . m S.W root ^ oC elm S”^\#rr\p 1- O IP UJ < ^ O.vt 50 N I hereby certify tliat this is a true and correct representation of a survey of the boundaries of Lots 1,2 and 3, except the V/est 207 feet of said lots, Block 2, "Hi 13..side Park", according to the recorded plat thereof, and the locat.i.on of an existing house thereon. It does not purport to show other iMprovemonts or en- croach.'nents. Date Scale o 10-19-8'4 1"=50' Iron narker r# i tSfM GORDON R. COFFIN CO., INC. _ _ _ _ _ _ _ _ _ _ No.12755Mark S. Gronberg Reg. Gordon R. Coffin Reg. Ho. 6064 engineers & Surveyors Long Lake, Minnesota • COMMERCIAL RESIDENTIAL Michael H. Thyren Construction A Division of Michael H. Thyren Homes. Inc. 4530 Excelsior Boulevard, St. Louis Park, Minnesota 55416 • (612) 920 0027 City of Orono Planing Commission November 2, 1987 To whom it may concern: We respectfully submit a request for a height variance for the new addition at 309 Westlake street. Long Lake, Minnesota. There are three main reasons v/hy we are requesting this variance. The first reason is that existing house is a front walk out v;ith a basement and single story living above it. This existing structure and its height were difficult to design around. Taking this ini.o consideration in our design criteria we concluded that the structure to be added to the house would best be handl.?d as a front walk out. We also felt that the cost for creating a completely different type cf structure was very prohibited given our budget. Using the existing structure and designing an addition to combine with the existing structure would greatly enhance the front walk out aspect of this property. Secondly we considered the landscape of the existing lot. The grade behind the house increases quite drastically. Along with the mature trees and their height, we felt that going up a few extra feet would also enhance the look of the house for the neighborhood and the particular surroundings of this lot as it is laid out. Thirdly we looked at the needs of the Perl family and their relationship to the spaces they wanted to create. By using the dormer area in the house, and creating a loft from that area into the large family room we needed enough height there to create ceiling room so that loft would be feasible. In conclusion we feel that the design of this house will certainly be an enhancement to the neighborhood, to the city of Orono and to the Perl's life-style. Respectfully §i^mitted, Michael H. T^y^en MHT/cbh cc: Greg Perl Michael P. Gaffron Custon) Buildifig and ncmodeling • Splice* Planning and Oer MINUTES OP THE PLANNING COMMISSION MEETING HELD FEBRUARY 17, 1987 #1104 GREGG PERL 309 WETLAKE STREET VARIANCE PUBLIC HEARING 10:05 - 10:21 The Affidavit '>f Publication and Certificate of Mailing was noted. Mr. & Mrs. Gregg Perl were present for this matter. Assistant Zoning Administrator Gaffron explained the request for roar setback, structure-to-structure setback, side setback variances, and height variance to construct an addition to existing residence. He reviewed the existing structures and the proposal. Staff recommends tabling this application subject to the following: 1. Applicant providing a site evaluation and design for interim septic repair/upgrade to handle the proposed house. 2. Applicant providing an acceptable justification or hardship reason for granting the structure-to- structure variance, or revise plans to show house attached to garage; staff recommends denial of this variance as proposed and feels applicant should re- d isign to maintain the requir-d 10 ‘ setback, or attach the garage. 3. Staff suggests that the side setback variance is justifiable given the addition is no closer to the line than the existing house. 4. Staff suggests that the rear setback Vciriance is reasonable, given that the side lot lino limits expansion to the left, septic system limits expansion to the front, garage and building height limitation limits the expansion to the right or upward . 5. Staff recommends that applicant be requested to address how he v/i 11 handle the home occupation problems on this property. 6. Applicant must provide a to-sca 1 e sot of plans or revised plans for future review (existing plans filea are 1" = 4.3', not v/orkable scale), and must provide an updated survey verifying the location of the garage. 7. Applicant must provide acceptable justification for the height variance or redesign to eliminate same. MINUTES OP THE PLANNING COMMISSION MEETING HELD FEBRUARY 17, 1987 #1104 PERL CONTINUED Mr. Perl noted regarding the structure-to-structure area between the garage and proposed addition, he does not feel it v;ould look aesthetically good if there is a big gap between the two. He plans to try and blend the two structures together. Assistant Zoning Administrator Gaffron noted that the Building Official has recommended that there be a 10' setback between structures for fire protection reasons. Chairman Kelley stated he felt the plan wa.s too ambitious for the site. His main concerns are the septic problems and outstanding issue of the applicant's home occupation license. Mrs. Perl stated that they have been dealing with the City's prosecuting attorney regarding past citations for violations of the home occupation standards, and were under the impression that the issues had been suitably resolved. Assistant Zoning Administrator Gaffron explained that according to City Prosecuting Attorney Scott Richter, there is still one outstanding citation v;hich staff has chosen to not pursue unless further complaints are received. Gaffron noted that no additional complaints have been received, hov;ever some of the original problems regarding storage of materials and equipment have not been totally solved. Bellows stated she felt the best solution for this lot is starting over with a totally new structure. Hanson felt the variances requested were too great and recommended that applicant work with staff for alternatives. He noted he would definitely not approve the structure-to-structure variance for safety reasons. There were no other comments, it was moved by Bellows, seconded by Cohen, to table this application per staff recommendation and direct applicant to work with staff for a safe v/orkable plan. Motion, Ayes 6, Nays 0. #1105 THOMAS HITCH 1180 LYMAN AVENUE RENEVJAL VARIANCE PUBLIC HEARING 10:22 - 10:25 The Affidavit of Publication and Certificate of Mailing was noted. Thomas & Joanne Hitch wore present for this matter. ZONING PILE NO. 1104 CITY OP ORONO P.O. Box 66 Crystal Bay, MN NOTICE OP PLANNING COMMISSION ACTION 55323 473-7357 Date of Notice: 2/19/87 TO:Gregg Perl 309 Westlake Street Long Lake, MN 55356 COPIES 1*0 TYPE OP APPLICATION: XX Varianc DATE OF MEETING: 2/17/87 VOTE: 6 Far 0 Against Planning Commission recommends the following: XX Tabled: For reasons noted below NOTES AND SPECIAL CONDITIONS Planning Commission tabled this application, finding that additional site planning by c*.pplicant in consultation with staff, is warranted. Planning Commission felt strongly that 10' structure-to-structure setback cannot be varied, and noted that this major upgrading of the property definitely needs a thorough review of septic and probable system additions, as well as a detailed review by staff and applicant to address the home occupation status and come to some agreement on level of commercial use on the property. Applicant's next scheduled meeting is dependent upon receipt of additional information and discussion with staff. Deadline for the March 16th meeting is March 6th or April 10th for the April 20th meeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. F— To:Planning Coininission Chairman Kelley Orono Planning Commission Members Mark E. Bernhardson, City Administrator From: Date: Michael P. Gaffron, Asst Planning & Zoning Administrator February 11, 1987 Subject: #1104 Gregg Perl, 309 Westlake street - Variance - Public Hearing Application: Request for rear setback, structure-to-structure setback, side setback variances to construct an addition to existing residence (also needs height variance). Zoning District: LR-IA 2-acre unsewered List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Survey With Staff Notations Exhibit F - House Elevations, Plans Exhibit G - Letter to Applicant 1/6/87 Exhibit H - Septic Inventory/Record Card Pertinent Facts: 1) 2) Lot Area = 0.86 Acres (37,455 s.f.) Setbacks:Allowed or Existing Req' d Proposed Variance Rear 45.1'50'29'21' or 42% Side 12'30'12'18' or 60% House-to-Garage 21.5'10'0.5-3.O'9.5 or 95% Building Height 20'+/“30’35'5' Hardcover Allowed:35% or 13,100 s.f. Hardcover Existing:8,500 s.f . +/- or 23% Hardcover Proposed:9,500 s.f . +/- or 25.4% Septic system was failing at last inspection (September, 1986); has been intermittently failing since its replacement in 1978. Home Occupation License applied for in November, 1985, has never been issued and tags have been issued in April and June of 1986 for failure to store home occupation equipment inside a building or fully screened. This violation continues to exist (trailers, bobcat, waste landscaping materials and debris on site). Tom Jacobs will be following up oi. this. Discussion: ... Applicant is requesting to nearly triple the size of his existing house. The proposal requires side and rear setback variances. The proposed addition also requires a variance for structure-to-structure set back; the addition is proposed to be 6" to 3' from the existing garage which is used to store commercial equipment. This garage was constructed by the applicant in 1984. He has indicated no hardship to justify granting the structure-to-structure setback variance. He had ample opportunity in 1984 to place the garage where it would allow this future expansion of his home. Building Inspector, Tom Jacobs, notes applicant could attach the garage to avoid a variance. Zoning File #1104 February 11, 1987 Page 2 of 2 Two bedrooms are indicated on the proposed plans. However, the loft area and the additional basement area easily could be used as bedrooms, and staff sees this application as a major increase in the potential intensity of use of the existing septic system, which is intermittently failing. Note that this property is within the Stubbs Bay Sewer Study Area and would be potentially served if that project ever occurs. The applicant has not, however, addressed how he will solve the septic problem for the interim. No site evaluation has been submitted as was required of the applicant. In review of the plans, staff also notes that based on existing and proposed grade lines, the proposed structure has a defined height of 35' requiring a 5' variance. The home occupation use of this property is still an unresolved issue. Applicant has not indicated how he intends to solve the problem of storage of commercial materials on his residential property. Although there are no recent complaints on file, staff does not see this issue going away. The intensity of use of this property for comrrercial storage and the associated gravel areas do have a bearing on potential septic sites. Staff Recommendation: Staff recommends tabling this applicatior- subject to; 1. Applicant providing a site evaluation and design for interim septic repair/upgrade to handle the proposed house. 2. Applicant providing an acceptable justification or hardship reason for granting the structure-to-structure variance, or revise plans to shew house attached to garage; staff recommends denial of this variance as proposed and feels applicant should re-design to maintain the required 10' setback, or attach the garage. 3. Staff suggests that the side setback variance is justifiable given the addition is no closer to the line th<m the existing house. 4. Staff suggests that the rear setback variance is reasonable, given that the side lot line limits expansion to the left, septic system limits expansion to the front, garage and building height limitation limits the expansion to the right or upward. 5. Staff recommends that applicant be requested to address how he will handle the home occupation problems on this prope.'ty. 6. Applicant must provide a lo-scalo set of plans or revised plans for future review (existing plans filed are 1"=4.3', not workable scalel), and must provide an updated survey verifying the location of the garage. 7. Applicant must provide acceptable justification for the height variance or redesign to eliminate same. 1 •JU l\i.'o Ci n \ \ t Initials ti 5''u ^ 4i/^ rO ri^ y a^f=vcofXs CITY OP qpONO - VARIANCE'application Initial Application Fe^^^lSO.OO-’($50.00 per each additional variance) Renewal Variance Fee $7^.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address 0 ^ \AJ(X V ST" Property Identification Number (P.I.D.) C7^r~—//7 ~ 7 2.~S CtO'2 I Please check one - Is the property _ _ abstract or _ _ torrens? Attach legal description to application if not included on required survey, APPLICANT Phone (home) Name fol t & ^ Pt? P L~Phone (woric) l^iGy Address ; *7 0 uJ t 1 T U f\ [C CT City;Zip; OWNER (if different than applicant) Name _ _ _ Phone (home) L-I'JS' f !''* 7 Phone (work) Address ; ^ (aJ Ci '> 7 /-A 'Z't ^rcity; Date Property AcquiredT^^yI^T Zip; (month/year) ^^q^not^iI (do) /^Q not)yalso own the adjacent parcels of land. PRESENT OSE OP PROPERTY Present Zoning District Present Use of Property Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ "lOP QO Describe request in detail;rX^!A'(- O'-M A FyClO A .>iv) A-*-/ ■'/ //.’l" l )CP0 I—/I y^ Oc^'Ci'\ AiJU I'’ ' ~ ■ :• 'V 'yi/r \AR1ANCES REQUIRED Lot Area Setback Variances ( Lot V?idth Front _____ Hardcover Side "7^ Rear) Other ST\atACT^-ovt- ^tnnSftc^< HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance j>;ith Zoning Code Requirements " ' ' ^ ^ ^ 1 property conditions preventing compliance with Zoning ts; 1\ I/f J^i/C pr>[jJ c f<if: r~ioVv\j/ ^^--RBOUIRED SDBrilTTALS ^l.j Completed Application Form Certified Property Owners Lis^of owners within 150* (you can obtain '''-^ this list from Hennepin County Department of Finance A-603 Govt Center 348-3271).© (2^ Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. CB. 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 knowledge. Applicant's Signature I^ Date /// f A 7 OWNERS SIGNATURE The owner hereby ackov-zledges 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 i*'a- ^ _ _ _ _ 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 & Zoning Office of this change prior to the meeting. « k •L - 4..... . __________ 4j3.a «____^ L. |..o4.i,r~',2 ; ^a ^ -7^--------------------—----------=^— n r r 9 55 .?«? 7* iA .1 m ^ I ■ I ni^ ^1 (23) -f* • 4# »••-•♦ -n- f —-^. ■ ^ .» Z> m >oa -I>X ‘0>-<m :o S?3z o n u 33 >Z o > a Z 33 m z > ri >oo 73 X o Ti m -0 > ® w •< >n 2 a a >* o Z 73m I X V. -< > m n 73 a a M o > ::3 2 O m T3 73 > o iSi?i a m -j m > a \ -< > > m 2 o 6 a > oo zz 73a m ooo s H tn C3 t/1 ^;i 04 U1o n > Xm ro 04 f- eft o ^ ® a M n Xm Z oi Z 3 > %m Ma c- n o r* o X m > p* p ma > r- w 04 03 0 vn 1 > tft M »H M Z o r- m n 2^5 —4 VI VI 04en>o a ►- a M Pa>• vl I IN> 04 fV> 04 a H oo 04 04 4 I'-t m m VI VI 04 VIo* tA H S S r\> 04 V) o H o ro vnvn 04vnc* e ern m a a 01 Ift G9 04 > :: M m 04 01 H c Cl r* v^ a a n 9 ;: 5 «• ^ ^ « z r- o p m O >01 O X H O m a r- 01 p ovn 9 ci o vn m m c a 04 P *• 01m >Xm H O rj v^ 5 01 01 a a m m m m a a 0 vn 1 vnvn CM;n c* 01 H rj v^ aa xj Ir\> 04 o o fj VH vnvn 04 VI O' IN> CM oo fjo c “I o aZ > 2: aA o> Xz a p a m > a \ > p Z a a a > o C3 z a a m H 0 04 a a 0 04 r- CM CT T1 D 04 r- VM -n a 0 VM r- VM f“0 04 0 a X*0 > 0 p 0 0 a a 0 p 0 VM a 0 p p M3 0 04 P H 0 »-Z H VM • ^^ m > 04 Z CVJ > m 04 z c^ c pm «o >z > -4 X'Cl 0 Z 0 Q 04 PPM 0 f 0 z r- -< •- 0 s p n 0 Z X r- r\> 0 P Z P 0b vn r m p r* m 0 o«r- P p P Z r*X 1 >p P P 1 > P r-S 1 > > >X 1 >2 >0 _ ►-X > ^ ^X H 0 a ►-*X -<0 - *-*-4 X r- a Z *-m X »* p z ►-m p >:-< z ►-n p fi»N CO »- 0 m 01 > m ^m m *j a m M M > v| X m a p 1 Z pap:3 ^• -< M 2 m H H roi 2 m >f- P ro vn H m p VM -4 -4 n p CM > p P to M CM CM p e H X >P P a K a p X ro m X ro H X IN>0 m r\3 0*m CM p a rft 04 P r.i p p > X — wp(- a P p a a p 0 CM p 0 04 p 0 04 X a 0 H 0 P •n -4 0 P H 0 p 0 0 0 rj 0"♦ . rj Q*C* N 0 0 a *-INJ M X* rj r-0r- p m 0 VM r*p a a 0 VM r-04 a a 0 p X' X X 0 P sg r-r* 0 04 0 0 P 8 x> 0 0 P 0 m 04 P H CM z e*VM 0 -< -< CM Z 0 rti 0* P >X»Cl >rv>Vil r- r* 4>Cl P 0 >0 0 p 0 Z r- r- 0 0 n c. p a -4 -ir P p p C MM P p p pt31>P 0 1 f- P P 1 e >X X 1 >m ►—X -4 CD r*I—X >3* ►- z a z m P Z *-m X Z Z Z M m p a a pd(ft p Xj (- 0 m ri xj m m xj a a > x4 m Cft P 1 2 > r-•-r P 1 Z eft P p 1 m M -< 1 a Z -4 rsj X P H r j z p -4 -4 -M f\>2 m z Z Oft M vnvn CMvn a o>o om a o f\> CM O O O •o 9a r>vn 04 n«r«>a 0 Xr* 01 z M O o VM ro X' VM O z m 01 01a r-| a m -M zm eft H vnvn VMvn ?» Xm 0 vn 1»-« H-* I t3 VM rs> VM oo w> o X oorv Hm am 1 a>o 1*4 a M X* 04 04 vn X* o V .1 I!" l-r a >•Hn o o IN) a > uT T 41jy ^i.&- Tr \o^o O’ N4 m i TJ > Cm § u M V-# VI o c fs . 4 C‘;rti ’icateoC Survey •or Gregory Perl in Lots 1~3, lock ?, "Hillside Park" Hennepii County, Minnesota 2SO <^cv, 2A3.1 €lou4 . \ I 2C7 —I—^ cvl ^0o O * t ; oI* M • «• Cs* 0 V t I 4^.72. I i V I -4 - II V VJ __y4 ‘ H C/) -•1-- • si vr^vj\c^ *'iT^ 17^ n •'I ' .«i o 2S* J - '^14,2 0.K>1 AV4iTirv.w To Uc.*»A earn Poft i)C •♦'P'vViaVj O tP — / Ktav' &«c<^ UJ < 12*. —!i- o.i^s r r- 2 5D<ic',c, .1 [ n^c-o.!.RR sp.l^c -f r\ ^ .*v»/ r«#ut ^ 0 \Z. 50 ? hereby certify that this ir a true ;=<nd oc*'i cct representation •:.' a survey of the boundaries of Lots 1,3 and 3, except the V/est /;'J7 feet of said lots, Block 3, "H'llr.irJe Pr-**!:'', according to the r'ecorded plat thereof, and -lie lo<'. ion of- ar existing house thereon. It does not purpor' to shv)w other ir.iprovenents or en- ■•.roachments. GOPDOi' P. COFt'IN CO., INC. N rV Date Scale o 10 ~ 1Q - c 1"=S0* Iron marker Mark S. Gronberg Rep. Gordon H. Coffin Reg. Fngineers & Surveyors Long Lake, Minnesota Mo. 12755 Mo. 606'I im 2 250desc. 243.1 /" • 20 "Tr- lu -k -tt ( ^fir ^^^ '••'i :;:y:-Wr'f.- •A • ^ ■« \ j s***v'■' "'•As--!;,-: V<» < **»/T ' V ' .. •,'' CITY of ORONO Post Office Box G6* Crystal Bay, Minnesota 55323 * Municipal Offices 0/1 the North Shore of Lake Minnetonka Date: / '— d>- Name:zr /\A Address: \AJ^~rd^J n -1.1 Address: S^^SC-, The Building and Zoning Department is in receipt of your application for a building permit, which was received by this office on / — v5" — V . A review of the application finds that the following information needed for review is missing: Signed Application Form Certificate of Survey Site Improvement Plan (Driveways/Landscaping/Sidewalks/Decks/etc.) Grading and Drainage Plans Specific Building Plans Exterior Elevations Details and Sections:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mechanical Designs Energy Calculations Specifications: Additional Sets of Plans Required (_ _) County/State Driveway Access Permit On-Site Sewage Treatment System Site Evaluation or Design Report Hardcover Calculations Other (specify) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ r^lVariance/Conditional Use Permit Application Required “ Contact I-----Izoning Department Immediately at 473-7357 Review of your application will not continue until the noted items are received. Failure to submit required items immediately may result in delays in issuance of permits. Please contact the Building & Zoning Department at 473*7357 if you have any questions. Sincerely, Jeanne A. Mabusth, Zoninq Administrator Thomas J. Jacobs, Senior Building Inspector m il I)in(;a /omm; - 47J-7JS7 ASMi>.SIN(; ADMINISIKAnON A FINANCF. - 473 735a PI IU.IC \M)KKS - 473-735') I 73 ADDRESS CODE__ CITY OF ORONO . Date Connected to SEPTIC SYSTEM INVENTORY CARD Municipal Sav«r inspection record PUMPOUT RECORD DATE COMPLIANCE DATE GALLONS 9-g-7B 4 /ft-y?_________________ C A — fr.'/’Xfr fAjf ., /JgyK'Z- / t>c>Q£yS .AJ qt- 7tt:-» KyHT^ r<TT.V C-CONFORMING S - SUBSTANDARD N - NONCONFORMING Include: 1) Well location 2) Distance from house to septic tanks, dist. box, and drainfinld 3) North arrow and road 4 r ■5 i . CITY of ORONO Post Office liox 66«CrysU'I Bay, Minnesota f)532:i» Municipal Offices «iii On the North Shore of Lake Minnetonka October 14, 1987 Greg Perl 309 Westlake Street Long Lake, MN 55356 Re:Re-opening of addition. Zoning File #1104 regarding variances for house Dear Mr. Perl: At your request, I have reviewed Zoning File #1104 in regards to the items necessary for submittal to re-open that application. At the Planiixng Commission meeting of February 17, 1987 a number of conditions were recommended by staff and were adopted by Planning Commission in their motion to table the application. Those seven items included: 1. Applicant must provide a site evaluation and design for interim septic repair/upgrade to handle the proposed house. 2. Applicant must provide an acceptable justification or hardship reason for granting the structure-to-structure setback variance, revised plans to show house attached to garage; staff recommended denial of the variance and recommended that applicant redesign to maintain the 10' setback between the structures or attach the garage to the house. 3. Staff recommended approval of the side setback variance given that the addition is no closer to the side lot line than the existing house. 4. Staff recommended approval of the rear setback variance given that the septic system limits expansion to the front, the garage limi s expansion to the right and building height limitation limits expansion upward, leaving only the expansion to the rear as an option. 5. Staff recommended that the home occupation problems on the property be addressed by the applicant and be resolved. 6. Applicant was directed to provide a to-scale set of plans or revised plans for the City to review (existing plans filed are l'' = 4.3', not a workable scale). Applicant is to provide an updated survey verifying the location of the garage. 7. Applicant is to provide acceptable justification for the height variance or redesign the structure to eliminate the need for tnat variance. liUlLDINC A ZONING - 473-7357 ASSESSING administration a fin ANCI - 473 7358 1*1111 If WORKS - 473-735‘) Greg Perl, 309 Westlake Street October 14, 1987 Page 2 of 3 In regards to Item #1, I have reviewed your septic design by Advanced Surveying and Engineering and note that that site evaluation report finds soils that are not suitable for a trench type septic system. However, the site evaluator did recommend construction of additional drainfield trenches which normally would not be acceptable. We are treating this as an interim case because sewer is contemplated for the Westlake Street area. Normally with the type of soils and the depth to water table indicated a mound type of drainfield system would be appropriate, however, given the sewer situation, i\- would seem appropriate to add less costly trenches to the existing system as an interim measure that would not be expected to solve the existing problem on a long term basis. Note that the Planning Commission did not recommend that the septic system interim repairs be completed prior to continuing the review, only that a report be submitted. We would expect that interim repairs take place this fall or next spring if necessary. Under Item #2, we have yet to receive a revised set of plans showing the house attached to the garage, although I understand you have those available or will have those available shortly. They should be submitted as soon as possible. Regarding Item #5, the home occupation problems have not re-occurred and appear to no longer be an issue on the property. Regarding Item #6, we have yet to receive a scale set of plans and we presume that you will be resubmitting a revised set that are of a workable? scale. Also, before the application can continue you must provide an updated survey verifying the location of the existing garage. The survey submitted previously did not accurately depict the existing garage and that is critical to this application. Regarding Item #7, if your new design does not eliminate the need for a height variance, please address in writing the reasons why tb^t variance should be approved, i.e. show why you cannot redesign the house to meet the standards. Once the items noted above have been completed and submitted, I will be pleased to bring this application back to the Planning Commission for continuation of the review. It would be helpful for all your information to be submitted at least 2 weeks prior tc the Planning Commission meeting. The next meeting that yo i could feasibly be scheduled for would bo November 16th. I would need all information in by Monday, November 2nd. Greg Perlr 309 Westlake Street October 14, 1987 Page 3 of 3 To summarize, the following items must be submitted by November 2, 1987 in order for your application to be scheduled for the November 16 meeting: 1. Submit a to-scale set of revised plans. 2. Those plans should show that the 30' height limitation is not exceeded, or submit an accompanying letter describing why the house can't be redesigned to meet it. 3. Submit an updated survey showing the actual location of the garage (to be located by surveyor). Please contact me at 473-7357 if you have questions or comments • — w ^— f Asst Planning & Zoning Administrator MPG/tln cc: Jeanne A. Mabusth, Building 6 Zoning Administrator Thomas J. Jacobs, Building Official Lyle Oman, Field Inspector Mark E. Bernhardscn, City Administrator TO;Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FROM: Date: Michael P. Gaffron, Asst Planning s Zoning Administrator November 13, 1987 SUBJECT; «1107 William Lev;is & Kathleen Trettel, 475 Linden Avenue - Renewal Variance - Continuation of Public Hear ■»'j NOTE: This item was tabled on 2/17/87 in order for applicant to be present. Application - Lot area variance for construction of a residence. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Planning Commission Minutes 2/17/87 Planning Commission Action Notice 2/19/87 Topography and Watershed Letter from Neighboring Property 0\/ners 2/17/87 Air Photo with Sewer As Built Map Memo and Exhibits of 2/9/87 List of LR-IB Lot Area Variances 1982-1987 PERTINENT FACTS Zoning Distrist - LR-IB Lot Area Required - 1.0 Acre Lot Area Existing - 0.61 Acre Variance Previously Granted 1980 Discussion The applicant lives out of state, hence the extended tabling of this item until applicant was able to be present. Planning Commission first reviewed this application in February 1987. The neighboring property owners submitted a letter of objection and appeared at the meeting. The item was tabled pending applicant's presence to discuss the various issues, and further information regarding the drainagowoy and culvert. On 2/24/87 and 11/10/87 staff met with City Engineer, Glenn Cook, to review the site. His general comments were as follows: • The site appears to be quite buildable but drainage concerns will havG to bfc properly addressed. - There is no defined drainageway at ti.e rear or west side of the property, but it is a lower area that apprears to act as a saddle drainagev;ay between the property to the north and the culvert to the south. - The watershed does not appear to be extremely large (4.5 acres calculated by MPG on 3/2/87) per existing 1 inch per 100' topography. - Development of the property will likely require some fill. A grading plan should be required at the time a house is proposed, for review and approval by the City r,ngineer. Grading and fill must be done so that existing flo'.s can be maintained on the property and not impede existing drainage patterns and rates. This appears to be feasible. The privately constructed and maintained culvert ac the drivev;ay crossing serving the neighboring properties to the west is in an undeveloped right-of-way. It is in poor condition suffering major erosion damage at the south, or outlet, end. This driveway will not be used for access to applicant's property, but all run off from their property will go through this culvert, hence the additional run-off created by a residence on the property will make use of the culvert. The property would appear to receive some benefit from the existance of the culvert and driveway which serve to limit further gullying of applicant's property. It woul^i appear that the initial work to get this culvert back into shape v;ill include additional fill around the outlet, perhaps a drop culvert structure at the outlet, some rip-rapping around the inlet and outlet ends and excavation of a slightly larger storage area at the inlet end and construction of a baffle weir. The probable cost of such work is in the neighborhood of $5,000 (rough estimate by City nnginecr). V7ho should pay these costs of the culvert upgrade? Staff suggests that the two property owners directly benefitting are Hommeyer at 4125 Oak Street and Roland and Roden at 4119 Oak Street. The applicant property own'^r receives an indirect benefit by the existence of the culvert, and a portion of the necessary repairs and upgrade would have to occur on the applicant's property. Arguably other property owners upstream of the culvert receive an indirect benefit from it and arguably the Siegel property at 4111 Oak Street and other properties along Oak Street are contributing to the outlet end erosion problem and could also be conceivably involved in cost sharing. Staff notes that if this was to be a public storm sewer project with all benefitted property owners being assessed the attendont engineering and legal costs could easily triple the $5,000 estimated price tag. Staff would suggest that the costs of upgrade and maintenance of the culvert should fall primarily on the two property owners who benefit directly and could arguably be shared by the applicant property owner as v;e 1 1 as other property owners in the neighborhood who benefit by the culvert being located within the driveway, that serves to halt gully erosion. When should the work be completed? If the Planning Commission and Council feel thac applicant should share in the costs of a private culvert upgrade project, then the other two directly benefitted ov/ners must also agree to spend money at this time.... It would seem there needs to be some agreement on all sides in order for this upgrade to happen privately. If the neighboring property owners insist that the project become a public j ject, shared by all benefitting property owners, whether their ..onefit is direct or indirect, then the attendent costs of such a project will undoubtably rise. Staff recommendation Staff would recommend approval of the lot area variance renewal finding that; A. There is no additional land available for purchase to make this a conforming parcel. D. The lot area is consistent with that of other developed lots in the neighborhood. C. The variance was previously granted in 1980. D. Sewer is available and has been assessed for a total of one unit. E. Ample area exists on the lot to develope a single family residence and a pertinent improvements without the need for further variances. Approval is subject to; 1. Setbacks of 35 fi-et from the west, south and east lot lines and 10 feet from the north lot line. 2. Payment of park fee of $390.00 at the time a building permit is issued. 3. Legal combination of all four lots into one tax parcel must be filed and accepted by Hennepin County prior to issuance of a building permit. 4. Hardcover allowed (2/3 in 250-500', 1/3 in 500-1000’) may not exceed 8,360 square feet on the property. 5. Applicant shall grant a drainage easement over the westerly and southerly 10 feet of the property. 6. Improvements to the property may not ~cJ»ong-e drainage pattern in the neighborhood. Applicants shall share in the costs and shall share in the responsibility for improvements to the drainageway and culvert underneath the driveway serving the two properties to ► • I, 1 _____ the west. Applicant agrees to allowing (and sharing responsibility for) necessary drainageway improv'=*mf»nts within applicant’s property boundaries, such improvements may include, but are not limited to the following : a. Culvert inlet upgrade including baffle weir or drop structure; b. Excavation of a larger storage area just above the culvert. 7. Applicant is advised to attempt to work with the two directly benefitted property owners in order to facilitate minimal expenditures of private funds to accomplish the drainage improvements. MINUTES OP THE PLANNING COMMISSION MEETING HELD PEBRvARY 17, 1987 #1106 POTAS CONTINUED Bellows agreed with staff's recommendation feeling tiiat there is substantial area for hardcover trade-offs and/or an alternative plan. Mr. Potas stated he felt hardcover trade-offs to equal existing hardcover would be reasonable. Chairman Kelley noted the issue of sight line encroachment which seemed to be present in the proposal and is opposed to encroachment into average setback. Taylor stated he was concerned about the hardcover and felt that hardcover should be reduced substantially. He was not as concerned about the sightline encroachment. Mr. Potas stated that the adjacent property's sightline was already obstructed by the trees. Cohen agreed v;ith Taylor's recommendation. Johnson stated he agreed on the reduction of hardcover and v/ould need to visit the site to determine if there is any sightline encroachment. Curtis Johnson, 2024 Shadywood Road, felt that the addition should not encroach into the average setback, which v;ould bo consistent with Planning Commissions' past action. There v/cre no other comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Taylor, to table this application pending: a) resolve of sightline encroachment b) specific proposed hardcover trade-offs c) staff to review drainage svrale (Bellows' initial recommendation Motion, Ayes 6, Nays 0. #1107 W. LEWIS & K. TRETTEL 475 LINDEN AVENUE RENEWAL VARIANCE PUBLIC HFJUlING 10:45-10:52 —The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for renewal of lot area variance which was originally approved in 1980. He reviewed the following facts: Lot Area - Required 1.0 acre. Existing 0.61 acre. Variance 0.39 acre; Lot VJidth-Requiied 140', Existing MINUTES OF THE PLANNING COMMISSION MEElIlJG HELD FEBRUARY 17, 1987 #1107 TRETTEL CONTINUED 200' plus. No variance needed. He submitted a letter of objection signed by 4 neighbors (all of which are present) which staff received this day. Assistant Zoning Administrator Gaffron noted that the applicants live in Illinois an-i asked that the Planning Commission review their ap 1 ication without their presence. Gaffron indicatec to the applicants that their absence would be accept d because this was a renewal application, however, advised them that if Planning Commission had any questions or concerns in this application it may be tabled requiring them to be present at the next review. Cohen felt that because there are objections to the proposal it would be appropriate that the applicant or a representative be present. It was moved by Cohen, seconded by Chairman Kelley, to table this matter for the presence of applicant or representative. Motion, Ayes 6, Mays 0. CounciImember Goetten suggested tnat the neighbors' be given the opportunity to be heard at this time. Present for this matter were: Dave 6 Debbie Siegel, 4111 Oak Street, Ken Rolland, 4119 Oak Street, and Karen Roden, 4119 Oak Street. Ken Rolland noteo that the property has been for sale for the past 10 moiths and questioned whether Clyde ^ract. could be vacated. Assistant Zoning Administrator Caffron stated he would notify all persons concerned informing them of the next scheduled meeting to review this application. He also recommended that an updated survey be submitted showing the location of the culverc, and that the City Engineer make a recommendation regarding the drainageway. #1109 CURTIS L. JOHNSON 2024 SHADYWOOD ROAD VARIANCES CONTINUATION OP PUBLIC UL7VRING Curtis Johnson was not present for this matter and , as stated in '■ 'aff's memo, the app]it':ant has requested that review of _his variance application be tabled until revised plans are submitted to City-. < • It was moved by Taylor, seconded by Bc:llows, to postpone this application per applicant's request. Motion, Ayes 6, Nays 0. I ZONING FILE NO. 1107 CITY OP ORONO P.O. Box 66 Crystal Bay, MN 55323 NOTICE OP PLANNING COMMISSION ACTION 473-7357 Date of Notice; 2/19/87 William I. Lewis Kathleen Trcttel 1501 West Fayette Springfield, IL 62704 COPIES TO: TYPE OF APPLICATION: XX Variance DATE OP MT4ETING; 2/17/87 VOTE: 6 For 0 Against Planning Commission recommends the following: Tabled: For reasons noted below NOTES AND SPECIAL CONDITIONS: At 8:00 A.M. on 2/17/87, a letter si',ned by property owners to the south and west of subject property was received at the City offices. A copy of that letter is attached for your review. The concerns expressed in that letter could not be adequately addressed by City staff on such short notice. The neighboring property owners appeared at the Planning Commission public hearing on 2/J.7/87 and requested that the application be denied, citing the reasons as stated in their letter. Planning Commission felt it was unfair to take any action without the applicant being present to address tl.ose unanticipated concerns. The item was tabled until the applicant can be present. Given the above tabling, it appears your application for a simple variance renewal may not be as simple as we had originally expected. I am scheduled to review your property with the City Engineer on 2/24/87 to discuss the drainage concerns expressed. The topographical survey you allude to in your application is necessary to our further review of the application. It is likely that if the lot area variance is approved, a number of conditions would be attached, such as granting of a drainage easement and upgrading of the drainageway at the southerly end of the lot. Please call or stop in to discuss this matter. The next Planning Commission meeting is scheduled for March 16.. 1987. Please let me know if you or your designated representative can attend that meeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. j pC\J^2-1-7- ~ary Planning Commission City of Orono 1275 South Brown Road Orono, MN 55323 1 Attention: Jeanne Mabusth, Building and Zoning Administrator Re: 2/17/87 Hearing item #1107 We, the owners of affected properties, opoose the issue of a variance tO' permit construction of a singla family residence on tht above parcel of land for the following reasons: 1. 2. 3. 4. 5. 6. This parcel is both of substandard size and quality. The land drops away sharply from Linden Avenue as much as 7-12'. The rear half of the parcel is nearly always damp and soggy. The rear half of the property serves as drainage for adjacent proper ties to the west, north and east. The water that percolates through this parcel flows into Lake Minnetonka through a small culvert under Oak Street. The water pressure in the spring on this culvert is already sufficient to cause water flow under as well as through the culvert. Oak Street at this point is unpaved and privately maintained by the users. The maintaining users are concerned that a house erected on this parcel will increase the run off pressure on the culvert resulting in increased maintenance costs to a road that already has erosion prone character istics. Since an owner of this subject parcel would not use this portion of Oak Street, the cost of handling resultant increased erosion problems would be shifted onto others. A home built on grade with appropriate set back from Linden Avenue v/ould be at least 7-9' below Linden Avenue. This wouiJ make access difficult in winter and also cause potential water seepage problems for the house. For these reasons, a builder may desire to raise the house utilizing substantial fill. The use of fill would further aggravate the erosion problem; possibly impound the water flowing from the north or redirect water onto properties to the west. The use of fill might also require the removal of a number of trees which would exacerbate run off problems. A further impetus to the use of fill,with its attending problems,is that if the house were built on grade, it is possible that the ground level would be below the sewer line under Linden Avenue. In order to try to avoid the above-mentioned problems, the Council could be asked for a set back variance from Linden Avenue to allow the house to be built on higher ground. Other homes on Linden now comply with the 35' set back requirement. 7. Because all drainage runs directly into Lake Minnetonka, increased quality^ caused by fill and ground alteration could affect lake water 8.If this property is declared buildable, an innocent buyer will be 9.V fTSl ^^‘'sclared to be buildable. then a simildr variance St™ this^parcer* variance request on i* I i I 1 i IA « A KLXU^iioyw WUJUfl^ ^// / <9^Qgjjttu Sf- . I I 111 ■■bPH'iii II I >ai -•^*^* -***^». —» To:Orono Planning Commission Members Frc»n:Michael P. Gaffron, Asst Planning & Zoning Administrator Date:February 9, 1987 Subject: #1107 William Lewis and K. Trettel, 475 Linden Avenue Renewal Variance - Public Hearing Application: Renewal Lot Area Variance List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Plat Map Property Owners List Survey Plat Map Showing Local Ownership Pattern Pertinent Facts: Lot Area: Lot Width: Required 1.0 Ac 140' Existing 0.61 Ac 200'-plus Variance 0.39 Ac Average Lot Size (of 21 neighboring developed lots within 500'): 0.59 Ac (See Exhibit E) Discussion This is a request for renewal of a lot area variance originally granted in 1980. The property is surrounded on three sides by right- of-way and on the north by a large occupied tract. If Linden Avenue is considered as the front, the lot exceeds the minimum width requirement. Setbacks for the property would be 35' from all 3 dedicated roads and 10' from th ' north line. This leaves a building envelope 180' wide ranging from 33' to 60' deep, which should be suitable for construction of a single family home without the need for additional variances. The 4 lots have each been assessed 1/4 unit for sewer, and a sewer stub is available. Development on the property will not change the existing drainage pattern in the neighborhood. However, the approval should be conditioned on no obstruction of existing drainageway from the north through the rear of the property. Li_____ Zoning File #1107 February 10, 1987 Page 2 of 2 Staff Recommendation: Staff would recommend approval of the lot area variance renewal, finding that: a) There is no additional land available for purchase to make this a conforming parcel. b) The lot area is consistent with that of other developed lots in the neighborhood. c) The variance was previously granted in 1980. d) Sewer is available and has been assessed for a total of 1 unit. e) Ample area exists on the lot to develop a single family residence and appurtenant improvements without the need for further variances. Approval subject to: *■ r Setbacks of 35' liom the west, south and east lot lines, and 10' from the north lot line. 2. Payment of park fee of $390 at the time a building permit is issued. 3. Legal combination o: all 4 lots into one tax parcel must be filed and accepted by Hennepin County prior to issuance of building permit. 4. Improvements to the property may not change the drainage pattern in the neighborhood. 5. Hardcover allowed (2/3 in 250-500*, 1/3 in 500-1,000') may not exceed 8,360 s.f. on the property. / /^'^Tu.,rr c/* V > ^<• * : ^.0 //-t, •'1/4- — * I i i 1.^ uaLc 4<v:c*u f. * 3 J H rl V* •'ilCV r t• ^ .4 V > 'i-y Fee -ii, I // rj Receipt JiC no Initials tI-Aj CITY OP ORONO - VARIANCE APPLICATION ^-Uy^-x /- Initial Application Fpe—^UjO.00 ($50.00 per each additional variance) Renewal Variance Fee^750^(no change from original application) After-the-Fact Fees (Double application fee) t>trf=c4<i PROPERTY LOCATION Site Address ^ ix'ii jtAiAQ ►axf a-oc«.i^ -rc (^vO Property Identification Number (P.I.D.) 6 ^ j - *//, ^ V ^ Please checlc one - Is the property ^ abstract or ^ torrens? Attach legal description to application if not included on required survey. / k\ - - - - -73*7 -- - - - - - - Phone (home) '7v3 c^.^c-JiPPLicyvMT -tu/oAi^ Name Ll'</'7<J Phone (worlc) //'4 Address; /^Tc/ > 'y f^(x<; t_ To .- • - A- L-CLir~^^»'' f ^ ^City; Uk'Zip; 4o V i/oWNER (if different than applicant) Name Phone (home) Phone (work) Address:City;Zip; Date Property Acquired , !\'fO (month/year) I (do)V(<3o notj also ov/n the adjacent parcels of land. PRESENT DSE OF PROPERTY Present Zoning District I S Present Use of Property Residential Other (specify) /PESCRIPTION OP REQUEST Estimated Construction Cost $ scribe request in detail; /< ^(X , i y>^:'• f /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;_ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ / DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; /,ux> .J h/c'<^- -nfp ,.LUt'‘ O .\ou/j^ tr ESQUIRED SUBMITTALS ^1^ Completed Anplication 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). ^eco Stamped, legal sized envelopes (#10) pre-addressed to each of the i:ames 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. •• •• •• •• •• •• •• mm mm mm mm mm mm mm mm mm mm mmm mm mm mm mmt mm mm mm va #• * mm mm mm» mm mrnm mm mm mm mm mm mm mm mm mm mm mm mm mm mmm mm mm mm mm mm mm mm mm mm mm Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIV ATURE The applicant hereby agrees to rrovide 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 -<f‘ <^/ULtCc(" / Date ’ i' ^syOWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonabxe entry onto the property by City staff, consultants, agents. Commission memhors, and Council members for purposes of investiga tion and verification of this request. Owner's Signature /V^/■ • ^ ’' i ‘ ' i «Date^V - Applicant must have all submittals into thn City offices 25 days before the Planning CoiruTiission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applica ts must be present at all scheduled,^ review meetings of the Planning Coinmissicn and Council, and, if an^' applicant is unable to attend a scheduled meeting, to please make errange- ments to have an authorized agent attend in your place and to advice the Building & Zoning Office of this change prior to the meeting. 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'2:- S?"^ t>.s>\? /■!J O.BO ^ b.s&~ ( 0.'4H /L Bul Bu- S « ; \> y- *1 /. / 1^0^ /^V(t> X Ac_ Ac. • ■V ’'J>r\'C60p€"t2:> /4^-fe?ZL Coa5 ji &oC«0 i24t>^K£ c>P^ ec^9^e<^ . _ ^ ^ _ . _ ^ ., r ft LR-ID LOT AREA VARIAHCBS 1982 - 1987 A. Granted: 10-87 Kaplan 9-87 Kost 3-87 Lange 9-86/11-87 Maxfield 6-86 Glesne 4-86/9-84 Clifford 8-84 Howells 4-84 Smiley 4-84 Brockopp 4-84/10-81 Haapala 9-83 Caples 8-83 Bloms 3-83 Hommeyer 6-82/3-87 Langhans 2695 Kelly Ave.0.39 acre 4760 Tonkaview 0.58 acre 4160 Forest Lake Dr.0.45 acre 4175 North Shore Dr,0.46 acre 1475 Cherry Place 0.64 acre 4760 North Shore Dr.0.39 acre 1448 Park Dr.0.60 acre 2720 Pheasant Rd.0.60 acre 993 Wildhurst 0.40 acre 4015 Dahl Rd.0.39 acre 4798 North Shore Dr.0.42 acre 4195 Forest Lake Dr.0.39 acre 477 Park Lane 0.52 acre 1374 Rest Point Rd.0.63 acre B. Denied: 4-85 2-84 Hedlund Fisk 3990 North Shore Dr. 493 Park Lane C. Granted, but never used (Expired): Munsell 4100 North Shore Dr.11-83 0.22 acre 0.25 acre 0.23 acre 1 ZONING FILE NO 1207 CITY OP ORONO P.O. Box 66 Crystal Bay, MN NOTICE OF PLANNING COMMISSION ACTION 55323 473-7357 Date of Notice: 10/28/87 TO:Gene & Catherine Scanlon 2815 Casco Point Road Wayzata, MN 55391 COPIES TO TYPE OF APPLICATION; XX Variance DATE OF TING 10/19/87 VOTE; 6 For Against Planning Coomission recommends the following: XX Tabled: at your request NOTES AMD SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: Planning Commission November/6, 1987; meeting starts at 7:00 p.m !■ < Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson FROM:Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE November 5, 1987 SUBJECT: #1209 Mark 6 Tina White, 2150 Prospect Ave. - Variance - Second Review This item was tabled at your October meeting, pending receipt of additional information. LIST OF EXHIBITS: A B C D House Layout Structure Design Plan Planning Commission Action Notice 10-20-87 Memo and Exhibits of 10-31-87 DISCUSSION: Applicant has provided a design plan showing elevations of the proposed solarium, and has submitted a diagram of the room layout of the existing house. The solarium is intended to replace the existing porch next to the kitchen and dining room. STAFF RECOMMENDATION (Same as per 10-31-87 memo) j i . * '• • •• . • ■ V-v 4 t I ( V V 4 I Ml • •I •I I- » »••• . « )* ‘ f • •H I* V nr » ?• ?. \: 'll in o * i f> irt</» •4o S?: y/ y ' 'tiji'. fi Sin ui -<in uy 2^ I- :• ./• 4 ^ r.-!i- (• r52s=^ *;s^" • R'” JU. R?n s o8 §S 3g 2 '♦ I ?••; V 1^ i/»a - 8 ^8R 5 iipf! •- i/% r n joR^sl-I O » ^ 5 i 3* 3 IH IS* y / /Wm^,M0mm ^9 5« §m S*»q o Oa Sr* ? ?§ss*'=SsSSsr'*ifS '=- ^S6:J?SA'" R?m S-!”X -4 r J? 5 = 2 5 > I« I/* “’S^- A/" ..:"?•■. f /h'V • ‘TV • *. ‘ \ i bS*-"’R«SSQ^"6 Jf»C> >1»(B 1 lljt ^ /-k '• O» c •/» ^ -4 i/» AJ f" O I'lnr^fB y'>r"C#*‘*in V in v' fn rj .t> -* w »/4 2 ^ ^ V« H*‘-< Oi^OUcrn r*^0*'*iQvi‘ — : n^^sja;: s^2;2 g a;;: in -4 O • *n 0» 2 .. C9 O -I O Ml • > - O r r oQ r- ► ?§5:n •4 m S» ^ ^ -4 in H 6 5 5 g i Rh9^'.’ mm ?S®SSo' — m r 52R55 tr'islill ?in >pill, 535I5?1 m S 2 n 8 ^ RJftS 5s-5 3 i * »5 2 5qd^ 1^ lion. t sis^- C/> ‘s I " i8 'hfs! - Bgo • I • f P .)! % • ZONING FILE NO 1209 CITY OP ORONO P.O. Box 66 Crystal. Bay, MN NOTICE OF PLANNING COMMISSION ACTION 55323 473-7357 Date of Notice: 10/20/87 Mai >. & Tina White Box 52 Crystal Bay, MN 55323 COPIES TO TYPE OF APPLICATION: XX Variance DATE OF MEETING:10/19/87 VOTE: 6 For 0 Against Planning Commission recommends the following XX Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Applicant to provide: 1. Elevation views of structure (received 10/20/87); 2. Interior layout of house-main floor (a scale drawing showing all main floor rooms should be submitted). A short paragraph explaining why this is the only appropriate location for the sun porch would be helpful. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the November 16th meeting is November 6th, 1987. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Please contact Public Worlcs Director John Cerhardson (473-7357) to discuss your driveway access to Crystal Avenue. To: Prom: Date: Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator October 13, 1987 Subject: #1209 Mark & Tina White, 2150 Prospect Avenue - Variance - Public Hearing Application - 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 - Diagram of Structure Locations in Immediate Neighborhood Pertinent Facts - Side Setback: Required Existing Proposed 30' 12.4' 8.4* Zoning District - RR-IB, 2-acre - This property is served by sanitary sewer. 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 will 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 ▼''squire a side setback variance in any of the zoning districts within Ore The minimum side setback in even the least restrictive zones in Orono is 10' for principal structures. Staff Recommendation - Staff recommends 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. 18 0 fi; -/"O /uace Koc u_ Foe /^O . aXD Rcceipt_ _ _ _ _ Initials // CITY OP ORONO - VARIANCE APPLICATION /j? a 7 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 ^i/^. Property Identification Number (P.I.D.) |0 l\7 CL*? 3(0*^11_ _ _ _ _ Please checlc one - Is the property ^ abstract or_ _torrens? Attach legal description to application if not included on required survey. APPLICANT Na:..a Phone (home)ORCfiO m ^I rvd err CT)^‘.-\A:rc nCCirC - - auuPhone (work) M Address: -Bo n _ _ _ _ _ _ _ _ _ _ _City: Qe^ Zip^S^J^J- A MX\J\' a W I -'V • V'V OWNER (if different than applicant) Name Phone (home) I T t rtf If % I Uf L.* ;t,v:C'7%7 rjni r,io»r7rrv'.!-* • V/ tvi'j fWi Phone (work) ,‘)C'/*c:/n7 V.*/ 4lw*/ Ot 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 Present Use of Property _ _Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ fePO Describe request in detail; YTiridnCg Sefbuir. VARIANCES REQUIRED Lot Area Setback Variances ( Other Lot Width Froni Hardcover Side Rear) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; -fp _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; y ifay (erf_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 witli no return address. 4. Certificate of survey including hardcover calculations as required. --j5. 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 “ate n- IO~1^7 OWNERS SIGNATURE The owner hereby ackowledgcs and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Cotnmission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature (Jl3 ______________ 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 ma)ce 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. f.2 N. i 4-7 so Im -»«-*■ MOB.TEREV,, i ON 4 ! f j-r. 1 *>* i ,4'^' .. C''/.; 2 ^ MINNETONKA 10 B: BAY'8 . ~ --------/ / f (■^ii ^ ^ , '-V“^ 3 iQ^$J / AVE -• .r, ^ *• IO(^ AL-ifci' • ''*‘' #4* 9 «o .tL:^ - , ^’f." I zfif,-, PiM^ . ASSiJ mtka : ■>. > . f - - - - Crystal A* — ♦*. TI»-5i2p B (\0 s-ft *4 21 N£ST M /a" ^ ' /, #>»l PROJECT •'^ • ’it sj ;v / 8 / 5(^. /;/ (Z7) /7' fi V-S* -<■-2^— I (^0 (SZiO'ir/:(-7J.1 I'i I Fi f f,f~' (41)1 3 ISS I 0^4^ 14 4?4 C|•m, o £>4 24 3:,^H oS •N# ofOecm V2 ’) P - ■ t\t) ^ •y kl .r* !i !\ 2^^’^-^-dofo>^vArtycl _L-Dajsenu oUT-Q^A^ - CNOr<^Hor ’r- /^.5 ( I ;— '1 ' 1 1 1 X '.■* -----■ '• XI " * 1 '• • • r \ ’> .. VV > 2> 1 ' J »• M "'ll 'A •1 W n ‘A01 • •I . • - • • M t • «, 0 ^ ' j• v-^ • • CP ^ 1 1 1 ^ V • ip "-ls1[ 0\ ____ /'i 1 / • • !.••:•':__*V /TT-a/ / f < V- *f <• Ci f To: Prom: Date: Planning Commission Chairman Kelley & Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator November 10, 1987 Subject: #1215 Smith Bay Marina, 1955 Shoreline Drive - Conditional Use Permit - Second Review Review of Appxication - The application was tabled at your last meeting pending receipt of a site plan locating the 280 lineal feet of seawall adjacent to shoreline and lake view elevations of the proposed wall. The site plan has been submitted, see enclosure, but view elevations were not submitted. The applicant has provided a photograph of the seawall recently installed at Shorewood Yacht Club and of similar construction. Mr. Love has submitted an adder.dum note advising of the structural design/materials to be used in the installation. The seawall will be appoximately 2 feet above the ordinary high water mark of 929.4 at a maximum height of 931.5'. The seawall will be constructed of 10 gage steel sheets with cap. A treated wood top will be installed to blend in with new docks to be installed. Love advises that this type of steol has been employed because it will assure an brown earthen tone with weathering. Clifford Keep, applicant's site engineer, will be present at the meeting to answer any questions members may have concerning the lake view impact of the wall. After discussing the City's request for lake view elevations with Mr. Keep, it would appear that formally drawn elevations will not be submitted and the photograph has been submitted in its place. Staff has discussed the question of visual impact with Kevin Larson of the M.C.W.D. and he advised that with residential properties located on the main lake this may be an issue in addition to seeking other less obtrusive ways to solve shoreline erosion. As for commerical properties, such as boat yards and marinas, visual impact has never been a consideration because of the structures that exist in front of the seawall. This marina had unique erosion concerns. The use of the seawall will also allow maximum use of the limiteci dock use area. If Planning Commission members have problems with accepting the photograph in place of view elevations, please advise staff on Thut*5dav, November 12, 1987, and the applicant wxll be advised not to appear at the meeting. The framed photograph is too large to be copied for your packets and wil2 be presented at your meeting. Staff Recommendation - To approve the conditional use permit for Smith Bay Marina that would allow the installation of 280 lineal feet of seawall along the shoreline of their property located at 1955 Shoreline Drive subject to the following conditions: 1. Treated wood to be used as tooping must be approved by City inspector. 2. Building permit must be obtained from City prior to installation of seawall and new dock structure. Such dock to meet all fire code regulations. Plans to be submitted to the City for approval prior to building permit being issued. To: From; Date; Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jnanne A. 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 - 1. Section 10.03, Subdivision 19 - to install a seawall requires a conditional use permit. 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 local government and DNK - please be advised that or shared responsibility. Review Exhibits F, expanded to include a seawall (87-6294), original a with dredging only and comments were based on application. DNR approved the seawall (issued review and issuance of conditional use permit. joint responsibility of seawalls remain a joint I s J - the permit was pplication to City dealt the scope of original permit) prior to City's 2. The City has received no final comments from the M.C.W.D. regarding the structural stability of the seav/all. 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 channel 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 v;all 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 3,175 cubic yards of spoils from the lakebed (Exhioit 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 parking 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: Elevations of seawall. 2. Total site plan locating seawaTi ,*■ water quality filter location other improvements. 3. M.C.W.D. final comments. 4. Other information requested by Planning Commission members. r MINUTES OP THE PLANNING COMMISSION MEETING HELD OCTOBER 19r 1987 #1215 SMITH BAY MARINA 1955 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:55-10:03 The Affidavit of Publiwation and Certificate of Mailing were noted. Woody Love was present for this matter Zoning Administrator Mabusth explained the request for a conditional use permit to install a seawall and variance for the structure within 75 feet of the lakeshore. Staff has not received a site plan showing the location of the proposed seawall on the property. The City Engineer has also recommended submission of elevations from the lakeshore. Staff recommends tabling the application pending additional information. Woody Love stated that they have a site plan but were not in receipt of the memo from staff requiring the site plan for this meeting. He also noted that they have appeared before the LMCD, DNR, and MCWD regarding this proposal and assured the Commission that they have a site plan. He asked the Commission to make a recommendation subject to the site plan being submitted prior to Council review. He noted that all other information requested has been submitted. He noted the concern of time and getting the seawall in prior to the lake freezing. Planning Commission did not feel that they should make recommendation without the site plan finding the application incomplete. They added that elevations of the seawall from the lakeshore are also required. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen» seconded by Bellows^ to table this application pending receipt of site plan and elevations of appropriate sections of the seawall. Motion, Ayes 6, Nays 0. . , I , * I. . * • .1 ! A; A: • V * I I ti 4 1 J J IA v; /\C s s ;■< \ • • > • J ^ I ^ «:r^ 1 • *.2 ~ T I ^• i i »,.'%• • « • • I ^ i » t i • ,U,i ';•/ 1 ^ OCT 2 Q*L9^7hhctonici % P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAOERS: David H Cochran. fVcs • Albert L Lehman • /nhn E Thomas Camille 0 Andre • James R Soensiey • Richard R. Miller • Michael I Carroll ••• .• •»» • *. • •* • •' .’..v .'ort —-i^rr . ••• rr.; v;.‘-csv.*-t-::s=m vvrv::.* June 22, 1987Permit Application No: 87-78 Owner: Smiths Bay Yacht Club/Toberman Mgmt. 1460 Interchange Tower Minneapolis MN 55426 Location: City of Orono, Sec lODBC, Smiths Bay, Lake Minnetonka Purpose: Dredge to remove 4,020 cubic yards of soil for navigational access in a commercial marina and 280 lineal feet of steel sheet pile seawall. Dear Sir: At the regularly scheduled June 18, 1987 meeting of the Board of Managers, the subject permit application was reviewed. Action was taken allowing the District staff to issue your permit only after receipt and staff approval of the following: 1. 2. X A revised detail of the seawall cross section specifying a limestone aggregate to be used as a filter material behind the seawall. Structural analysis of the proposed seawall by an engineer registered in the State of Minnesota. Review and approval by the DNR. V4>t«jUL>4yQ Please be advised that the project is not authorized until the above has been submitted and you have been notified of permit issuance. Should you have any questions regarding this matter please contact me at 473-4224. Very truly yours, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District I G. — Kevin C. Larson, Engineer cc: Board G. Macomber • To „ \J Date Speed Message From ^h'O Subject /% _ „ _ 7^1d?^ 7 TO:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson PROM:Michae] ?. Gaffron, Asst Planning & Zoning Administrator DATE November 13, 1987 SUBJECT: #1217 James Taylor/J. M. Fearon, 1160 Tonkawa Road - Variance - Public Hearing Zoning District - LR-lB 1 Acre Sewered Application - Hardcover variance to allow construction of a ground level deck. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map Property Owners List Survey with Applicant's Hardcover Calculations Deck Plans Applicant's Letter of Request Pertinent Pacts 1. Hardcover.Lot area total = 28,046 sq ft Lot area 0-75 = 8,497 sq ft Lot area 75-250 = 19,204 sq ft Existing hardcover 0-75: Concrete stair = 40 sq ft Flagstones at northeast corner of property around treed area = 200 sq ft (estimate) Total 0-75 foot hardcover = 240 sq ft or 2.8% 75-250 foot hardcover existing; Existing house - 3,675 sq ft Existing driveway - 2,052 sq ft Existing rock and front block sidewalk = 540 sq ft Existing deck = 300 sq ft Total existing 75-250 foot hardcover = 6,567 sq ft or 34.2% Proposed new dock = 765 sq ft; 765 sq ft 300 sq ft portion over patio 465 sq ft additional hardcover Proposed 75-250 hardcover =7,032 sq ft or 36.6% 4 Discussion Applicant is proposing to replace an existing block patio with a somewhat larger ground level deck. This deck is intended to have a 7 foot screening wall along the south side. Both the deck and the screening wall are approximately 14 feet from the south side lot line# hence would not be considered a view encroachment. There is no encroachment into the average lakeshore setback since the existing residences on both sides are much closer to the lake than the applicant's house. Staff would note there is only mi»*!imal existing hardcover in the 0-75 foot zone. The additional hardcover proposed with this deck is within the 75-250 foot zone, approximately 90 feet or more from the lakeshore. In reviewing the existing hardcover on the property, staff would note that there is not extensive extraneous hardcover, although it would probably be feasible to remove some portions of the existing rock beds under lain by plastic and/or portions of the existing driveway backup apron. However, given the nature of the topography at the driveway entrance to Tonkawa Road, staff would not recommend any extensive removal of driveway backup apron that would limit applicant's ability to access forward onto Tonkawa Road. In the 75-250 foot zone, 11 hardcover is the equivalent of 192 square feet. It is probably feasible only to remove 100-200 square feet of the existing hardcover on the property, which would bring the final hardcover percentage to between 35 and 36%. As is found with the majority of similar hardcover applications for exii-ting houses in Orono, the main apparent hardship appears to be the size of the lot and the fact that no additional land is available for purchase, although the same hardship argument is presented whether the property contains 1/4 of an acre in a 1 acre zone or 3 acres in a 1 acre zone. The commonly presented hardcover hardship is that the size of the existing house, and the necessary driveway and sidewalks to serve that house, in and of themselves exceed the normal limitations of hardcover in the various zones. Staff would note that the residence structure on this property is one story and spreads out over the lot rather than being constructed upv/ards. Obviously there is no other location that viould be considered feasible for construction of a deck. Staff Recommendation Staff would recommend approval of the hardcover variance for construction of the proposed deck. It would be appropriate to request that the applicant address whether there are other areas of hardcover on the property that can be removed to minimize the degree of hardcover increase proposed. I1 ({ 0 ■;w 1.L 7'"'roe Receipt^ Initials J-^ Cl-re OP ORONO - VARIANCE APPLICATION Initial Application Fee($15oTo^ ($50.00 per each additional variance) Renewal Variance Fee $7VrOO-(no chanje from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address llGO /O^/^cUA _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Property Identification Number (P.I.D.) Please check one - Is the property abstract or torrens? Attach legal descripcion to application if not included on requiji*^^ rsu^^ Phone (home)APPLICANT Name ^150.00_ _ _ _ _ _ _ Phone (work) jT^/7 t-' i^r?v f’i. 150»00 j Address; ‘^^City; HlecWj)________ Zip; Y'lU OWNER (if different than applicant) Name (A,c14A&C Phone (home) ---------------------------- 10/06/B Phone (work) Address; )I6»0 'lonJkAu^A_________ City; 0£oaJO Date Property Acquired 36^ ^^ y________ ;____Zip; SS3^<^ (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District Present Use of Property :DESCRIPTION OP REQUEST Estimated Construction Cost/5^ ^ Describe request in detail; ujcoi b LllCS^ A )4«v./u^gc^ £> 36p VARIANCES REQUIRED _ _ _ Lot Area Setback Variances ( Other Lot v;idth Front Hardcover Side Rear) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ DESCRIPTION OP UNDSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements t_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ IRED SUBMITTALS Completed Applicatiori 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 abov* 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 f^es and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and___CDrrect to the best of his/her )cnowledge. ^ Applicant's Signature Date OWNERS SIGNATURE ^ The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verif>^rtrt^jh-pJ[_tirt^^request. Owner's SigncT^ro/^V Date Applicant must^^^^ve 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 outhorized agent attend in your place and to advise the Building & Zoninc; Office of this change prior to the meeting. • I I o o :o H Ti Ti rn _ m a ni c/) H 2? m M g X z ^A;il S2§5m z 5Q°^ o agM^ m O C a 5l m rn > *Ti T3 H aa • > M m ^!i a osi e S>ui z >•o 1 !l3r5 o •am > » 6 ao > as s* f- •- oPaS o o2 55! 2^^ 09n ui o a o» TO I m H H- •<9 V ui ui 04 VI <^ a >:»ir g•a 5; •< 73 ^ n a o o o T3 H- P“ ^ m :;3sss o a g M VI z z o > }> VI o H U1 03 09 s s 3 V5g23« VI VI V4a ,33i: 0» V4 50z a o M O m In C9 > H S lO o 9 Ooo o O) I S X y o 3* m a 73 a 72 >aa 72 I r*»- JJ ►- Mss is""mX 25g il 73 X O r- VI > rn VI O m w Z VI S o -< M» fn Q t3 mir: a o o 0 01 9 cl VI H Q I O Cl mo •»:3 Cl > m a •• »Hn |n O V4 ►- o i> VI o o VI VI V4 5P S3 O a Mm H9 ^ z rj I- s: o r.m Q ^ C X O M 30 M M M »-« 01 92 ra -n 5 o S3 » O O mm 01 a a 1 5^e V3 > ; 73 Vi a S3m S3•o m 5®go VI mrn r* V3 c/1 o VI Q X z »-• $Z O M M ►- Cl O S3 mX XI C9 r- o o H m m CP “ - m m ^ rj Z r > VI»aago m VI > S3 3 VI VI Q VI VI S3 VI §§ooo o» o o9 >;c VI > V4 S3 VI a Z 3 H-ln m z m f-g t» ** 2|g o o CP I H »-•i V5? M > VI M > >m ► m -n S ?S 9 5- S3a oo o T M.O i 'Jr S3 9 oa 0» a c*No N4 m i H Cl Qrn • n M ^ U Vi o ) -A- INOUiTNiAU CIT • kOT« TO^^C^A^MIC MA^^iNO t • K^r\r t i ^/ »4c, * ^ C. E. C O U LT E R ^ LAND SURVEYOR REC.STEREO UNDER LAWS OF STATE OF MINNESOTA LICCN.tO «y OMOlNANCt* Of C.T» Of 3300 LYNOALE AVE SO MlNNEAPO_IS e. MINN Taylor 4 0370 flatting SuNvCvi I.AACkHO^C JUOlClAl. •t /V ScA/e •• • , • /nJ/catca t'ron fryjr>j//^Zf.h.^ -Tp” if- DSTM'v " I\ i 5o &urbcPor'tf Certificate \ ^/V>/A//** c./ A7/ \ \ \ V \C^V \-\ V" \ 'V Ouz ;\ —4 V"" 1',_k V ^ IV INDU^^TN ial CiTV lot* TO^OCN aFhIC mapping A/ ScjiliC C. E. C oulter LAND SURVEYOR nCCiSTCREO UNDER LAWS OF STATE OF MINNESOTA LicCNkio lit OMOiNANCik or cir< or Minneapolis 3300 LYNDAUE AVE SO. MINNEAPOLIS 8, MINN TAYLOR 4-0370 &urbcpor'£f Ccrtifitnlc \ • /V>r//> //><*• c./ fjf .’CJ ~ \ AO) \ Flatting %AMM SUNVCt S UAnll^MOWC judicial •• ••incfictitziron \ \ % LjiJZ \~ Vr.7-----\ 'V \\ 'V DSTM ^C.L\Si \\ i 50 \ -Iv .\ V\ ,0°'A M 1^ sM V -- ^ 'LOti lA'l h GvT \ CF ^ C.McCTS 'AO'S. /-^ DIS. TVONOVAELU X --cL/ UrV^C ;^C.-h - - AvU^ . o - -/S ■ = t -f A o o' '.fMI, ~pS'C-^0 pV - -\ T?f.£.te A ■ ' jjisiLiRfe: -p)/2ivc ’ it>»7ao*r2 : ly f.a 7t’>J > 3 C.y,7^ <• ^ tV t “■‘I Jf « i « y October 2, 1987 TO WHOM IT MAY CONCERN: The primary reason for the construction of the proposed patio deck, attached to our home, was one of safety/convenience as my 75 year old mother relocated from Seattle to Minneapolis concurrent with our September occupancy of 1160 Tonkawa Road, Orono, Minnesota. Aft<^*r moving in, our first priority was alteration of garden access to eliminate the existing sharp step decline as well flagstone patio. as the original/jagged The overall objective was to construct a level walkout from the house. Furthermore, it was felt that this conservative deck design would facilitate ready approval as it merely squares off the current design of the house and marginally adds to the existing flagstone area. Additionally, the neighboring home structures on either side of our property are several feet beyond what we are proposing. The Orono "Hard Pack” ordinance could be accommodated through eliminating our current driveway apron, but in doing so would require hazardous rear entry onto the well-traveled County Road //135, particularly considering that cur lot is elevated at che driveway point by 8 feet on one side and 10 feet on the other with very poor entry/departure visibility. It is therefore, that we respectfully request your favorable review and acceptance of this proposal. Sincerely, J. Michael Fearon Julia Ann Fearon i TO;Planning Con'mlssion Chariman Kelley Orono Planni^;J ccTimission Members City Administrator Bernhardson FROM; HATE; Jeanne A. Mabusth, Zoning Administrator November 12, 1987 SUBJECT; #1219 Orono Community Church, 770 Old Crystal Bay Road After-the-Fact Conditional Use Permit - Public Hearing PERTIflEllT ORDIHANCES Sectior. 10.27 Subd 3(A) (Section 10.20 Subd 3(B) Section 10.61 Subd 10 (D) - Parking Requirements - Schools) List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Applicants Addendum Property Owner's List Inspector's Sketch of Floor Plan Applicant's Sketch of Interior Building Area and Outside Parking Area to be Used by Day Care Review of Application The Council accepted the Planning Commission's recommendation regarding Mrs. Cici's request allowing her to occupy the current facility prior to final approval in addition to waiving the penalty fee as long as a formal application had been filed for the November 16th meeting. The applicant opened up the Day Care facility on November 1st at the Orono Community Church limited to the 29 occupant load - similar to St. Edward Episcol Church application. The outdoor play area is in the process of being fenced and should be completed by the time of your meeting. (Review Exhibit E.) There is little direction in the zoning code regarding day care use, the following applicable standards are reviewed as follows; Per Section 10.27 Subd 3(A) a.) The existing structure meets the required 50 feet from all lot lines b.) A fence has been erected around the entire play area to the east of the present building - see Exhibit E_ c.) Outside play area Required = 1300 sq ft (26 students x 50 sq ft) Proposed - 2346 sq ft (adequate area for 47 students) Per Section 10.61 Subd 10(D) Required 1 stall per each 7 students 1 for each 3 classrooms i Total = 5 stalls Existing = 38 stalls 3.7 stalls or 4 The applicant should be advised that if signage is proposed Section 10.61 Subd 2(A)(3) will limit signage area to 12 sq ft. Applicant should advise if signage will exceed 12 sq ft. The Inspector has reviewed the area of the facility to be used by the day care. Jacobs has located specific improvements on a floor plan see Exhibit D. An inspection is scheduled by Jacobs on 11/13/87 to confirm the following has been completed; 1. Fire extinguishers installed 2. Child proof caps on all electric outlets 3. Locks on all janitor closets 4. Status of fenced in yard area 5. Appropriate designation of fire exits Staff will advise on the status of these required improvements at your meeting. Staff Recoituienda To approve the aftcr-the-fact conditional use permit application of Orono Community Cuurch that would allow designated areas of the church facility to be used by the Busy Beaver Day Care for day care use. Subject to the following conditions; 1. The day care use at the facility is limited to 29 occupants at any one time. Such occupants to include students, teachers, teaching assistants, Tides, etc. 2. Orono Community Church, owner of the facility, shall be responsible for maintaining all conditions established by the City for this use. I 1 /1 G i I Date Rgc ' di /0 '^7 Fee 'n/sT' _ _ _ _ _ Receipt _ _ _ _ _ CITY OF ORONO GENERAL LAND USE APPLICATION Initials '-a> V PROPERTY LOCATION Site Address 77o ON^rcj&ATl B.tu FcopI Property Identification Number (P.I.D.) ?.2-H7f- Please chec:: one - Is the property \i abstract or _ _ _ _ __ torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. APPLICANT Name E-jii if'.r. Phone (home) Phone (work) Address 4,.., \r_ _ _ _ _ _ _ _ _ _ _ _ _ _ City H7dI':^ PI?'v^ Zip - - - --- - - - - - -f- - - - - - - - --- - - - - - - - - - - -- ** OWNER (if different than applicant) Phone (home)_ _ _ _ _ _ _ __ PhoneName r. .O-...■ 1 -rl-• ■ r c L?_ _ _ _ _ _ _ _ _ _ I . Address n* 1' J City Lo.-a zip ■- K, Date Property Acquired _ _ _ I t^Bl- (do not) also own the adjacent parcels of land. (mont h/year) PEES - CONDITIONAL USE PERMITS CF CFOm . FI^'ANCE OFFliE 01 QE^ 150.00 CHECK TL 150.00 !<E:EIF7-imKK YCU iiOlEllO cool hOl T16:15 10/15/37 Grading and filling - 101 cu. yd. or more Seawallr retaining walls within 75* of lakeshore $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 PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 $250.00 $150.00 $ 50.00 $250.00 $200.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning Appeals Other - see fee schedule \ PRESENT USE OF PROPERTY Present Zoning District Present Use of Property v/ _ _ _ Residential Other (specify) 1 >i!2SCRIPT10N OF REQUEST Describe request in detail: /i I/* T*- ^ - C<- REQUIRED SUBMITTALS 1. 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. Construction plan, if applicable 6. Plat Map. ' The applicant and Property Owner must sign this application. Please remember < hat 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. Applicant's signature yl.O/Date /r - r V OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, 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. «. oU vVi-sf Vvavzr.la bou'Gvvirci <» Way^aia. ivlinncoC'.a ooo91 • iciopJione: 4i'3-6I-f4ij busy beaver To: Mark Bernhardson City Manager Dear Hr. Bernhardson; I am forced to move Busy Beaver Daycare from the Vineyard of the Lake Church to the Orono Community Church temporarily until I can build a new 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 capacity wouldbe for 26 children and three staff oersons. I am asking for your help, so I will be able to move int.-; tr'c urono Community Church by November 1, 1937, 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 possiblities, but I have been hampered by difficulties and slow processes. Since 1 have run the day care center in Orono for 9 years according to laws ard regulation I would appreciate any of your help to speed up the process in receiving the Conditional Use Permit so 1 can still provide the much needed service to the cotraiunity. Sincerely,a it.; Li Ingeborg tici Owner/Di rector o 11 3 m m a Clm a JO H 11 m 3!^ m 7Q 1/1 H n M 35 3^o > 3 H £9 n\ •0 M g; n ° 3seal! oa m > r- nl S 11 ^ f •H i*ns N & O 3 01 m > T3 H a > M n 5S3 ni > S 501^ M ^ O H m n a > 30m n -< o 3 *0 n n > « N -<S3i 3 aj nt 3o “O >oan §8r- r- a a M M 01 01 •4 H o o 3^ VI 04 04 I §§ 0 •-• 5? M -< ri 01 Ml H > Of o a -< 3 QH> ? si Oo 04 oooo 1j r« 0» I .i§ ESSiSao XI M 20 m rri ^ 3 01 01 G» Ir» 04 5 ooo s|gg g-3§ *ii5 rj 04 04 I 01 I (M 04 iS n M 01 ^ s'" M Ooo 04 m c 2 01 01 IM 4>> C c r < O M M M r- r- 5 C C x^S2 Hi33 n n O O 04 04 I j> m ;g u X 01 m O) XI m 10 r* 04 > M -I H fS 8 n S f3 >» 01 01 8g ooo 04 V I. K ^ rjo D iiii g 3» 04 01 s fV1 Gi I O f M 04 Ooo r>»» > > o 04Q ^ r- r- o Ca2 ^ CO o ^ 0 CM M M 013 Z o r» 01 11 n I 01 ui 04 S 3 5 ? S H M M O I m m ni rs* g 01 01^04 fi -< ^ H H 01 04 > M > > O r- r- o o 01 r\i 3 1C3 > -Inz 30 2 oo 04 o>Hm o Ml 30m 5g2 0 fH • ) ^wn H iM O 04 01 O # L To:Planning Commission Chairman Kelley & Planning Commission Members City Administrator Bernhardson Prom: Date: Michael P. Gaffron, Asst Planning & Zoning Administrator November 3, 1987 Subject: #1220 Robert Koehnen, 537 Hanlon Avenue - Variance - Public Hearing Application - Front setback variance to construct a 16'x24' room addition. Zoning District - RR-IB, 2-acre List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Building Plans Submitted Exhibit F - Letter to Applicant Dated 10/1/87 Pertinent Pacts - Lot Area = 0.44 acres Front Setback Required Existing Proposed 50’ 23.1' 22.1' Discussion - Applicant is requesting a front setback variance to construct a 16'x24' room addition to the south side of his residence. The addition continues the front and rear lines of the existing house, which is slightly skewed on the lot resulting in a slightly decreased front setback from what now exists. The addition will be 38' from the edge of the traveled roadway. Due to the location of the existing house, any addition would require a setback variance. This property is not subject to hardcover calculations . Staff Recommendation - Staff recommends approval, based on the following findings; 1. No location abutting the house is allowable for constructing an addition without a variance. 2. The proposed addition continues the front and i.ear lines of the existing house. 3. The nature of the proposed addition is not out of character with the surrounding neighborhood. 4. The addition will result in no significant encroachment on light, air, or open space in the neighborhood and will have no effect on neighboring properties. 1 Oc Foe r » Receipt r :-:j -' --y ‘ t '■} Initials ~ ■^UJlr*' I CITY OF OROMO - VARImmCB APPLICATION Initial Application Fee(^150$50.00 per each additional variance) Renewal Variance Fee $75TffO ^(no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address S*S 7 it Aug, o f\y > Property Identification Number (P.I.D.) •» / ( 1 -~Q.3 *3 \ 00(5" Please check one - Is the property abstract or ^ torrens? Attach legal description to application if not included on required survey. APPLICANT Name ci-v- c* u ik\t* Phone (home) Qypi, _ _ Phone (work ) ^ T S - ^ Address: S’j^'y mwL-r, r<. AlJct OWNER (if different than applicant) City; (O z>4-'tfV Zip:.gr^J^Q( Pnone (home) 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?, f Present Use of Property # r\\t» ^ ^ Other (specify) .• t ^ ’ rr i. A I » - flA'AVt'E EfFICE 13Z0200000 Re^iiJential ‘ - El-vi FOI I III. I, I ■ I. ■ «» /07 _ ^ ^ V'/ f I (;j '.tv JSl'.OO !Aw'V' DESCRIPTION OP REQUEST Estimated Construction Cost $ P. 0<5cj 1 Describe request in detail: /■» .rs i\\ C i<rv'. jli a Mor>\ ■e*____1 0^ M. A ^____________________ ■■ VARIANCES REQUIRED Lot Area_ _ _ _ _ _ Lot Width Setback Variances ( ^ Front Hardcover Side Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulationsR/- -v ur* rrs’inry f> <^c=_ _ r» MffVOi* y> M^t-g ir>l V-*^i^c.gL,. V-__________ >- g Y V ti r^~^\ yj id - - - - - - - - - - - - - - - - - - - ■- DESCRIPTION OP ONDSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compl^nce with Zoning Code Requirements; g/ob WrwAJN _ _ _ __ REQUIRED SOBNITTALS Completed Application Form /Tl) 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). tufe coiuL ty/i'r7/^ iJzrr . Stamped^ legal sized envelopes (#10) pre-addressed each of the names on the above list with no return address. //s rCTAt^ 4. Certificate of survey including hardcover calculations as required. • or^ 4! fo^sr 5. Plat Map. i'lLt: 4f_ _ _ _ _ _ _ _ __ The Applicant and Property Owner must sign this application. Pier, e remember that your variance application is not complete if the above information has not been included. _ mm mm •• mm mm Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNA'nJRE . The applicant hereby agrees to provide all information required or requested by the Zoning Administrator» agrees to pay all fees^ and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date jjn/ric/SJ. OWNERS SIGNATURE The owner hereby ackowlelgos and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission meirbern, and Council members for purposes of investiga tion and verification of this request. Owner's Signature Date > 7 _________-V------------------------------ Applicant must have all -ub:;..1ttaIs 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 p^Aonlng Commission and Council, and, xf an applicant is unaDe to attenr i scheduled meeting, to please make arrange ments to have an authorised agent attend in your place and to advise the Building 4 Zoning Office o: *r>,is change prior to the meeting. 8$ N I ^ ^ 3f- H o » M U iSiSS m XI '"1^ui 4> IN* o > ni o o isf'i E»- n n > ro m rg ^ ui a d N vn xj X] > MM H o n n > M n o o 2=33„isiin 2 *n Tt U1 T1 T1 U4 (A *o H 1^ N f Vrsi U4 o o 04 04 0 rs9 1 I r* 04 o o H > ni > 5§0 rsi 1 OJ TJ n xj o m H >N g m o *n M o> 9m X3 O 0 04 01 — •< o 3 N -< > m Z a a X3 rn ^ ’I > a a XI T| > c/> (A > a H M !-<->► f- H H o m n o m "’3gC "*060 2 0 M 1 *4)O a a m m fTi § I M 04 04M O o rj O' 3 ■a 0) ^ O' O rv> X > 53 IM > ni r-> b X g > G O 0 01 04 0 rj 1 a o M 0> ss -< X o a M !3 3 ^ fn m 3 X3 xa 0 rv> 1 01 01 04 •o m -4 > : fM 04 Oorsio o o M 529®S!^ g“S-g > oa f- -4 o o fO IS| m 01 3 »•«P* X M ^ m m ni **4 3 H 1 OI z z z m 1 M fM OI O M M Z IM 01 04 ^ X X m 04 n IM > OI 01 01 -T*04 CJ < n n > 04 OInini Z Z < *-»04 m X > <m 13 m nc 33 X C3 g I rj 04 s s oo rj rj -< 01 !$! 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' wW1 < Cl a 04 04 m M X z . oi r* 04 5 ^m o o 0 010 0 0 Z M > > O Q M < < 01gxss;^ g !SI 0 IM 1 jn > z r ^ S m z z <43 MM M p- r“ > I fM 04 o o M Hm 01 04 ^ z ;ig 01 fS z z 8<m z t» -^39* m 2x S!^ 01 04 N O IM I go OI 04 O m 5 * X 2 o m X X M z r- fM §04 04 > M <m o o z I o o 2|iixi 3Z H H > Z ni3 ism • zM fM 04 01 a 1 ni > » — 35 > m z a6 :a > a 3 3” $;:S£2Jg -< -O M M fv> H o m m r> > M -< •/oo V, . 5SS®gg > Cl c ® ®H > ni iM m »ii« > IS* m z rj► H rn w SIS 3 3 g H> O ooo rj o XIni £3 a O 'wareaLx- Prepared for: CERTIFICATE t»jt» SURVRV Robert Koehncn Lots A, 5 and 6, Block 14, MINNKTONKA HI.Ul-TS, according to the recorded plat thereof, Hennepin County, Minnesota. $ GENERAL NOTES Denotes iron monument Denotes cross chiseled in concrete Denotes existing spot elevation Denotes proposed spot elevation Denotes surface drainage Dashed contour lines denotes proposed features Solid contour lines denotes existing feoturcs * 939.7 Proposed top of foundation elevation - Proposed basement floor elevation - Proposed garage floor elevation = BENCHMARK; ALL-METRO LAND I h*teby ctctify fhol lhi» tury«y, ptan or rtport wos prepof*d by w# ot undtr «ny dif«ct lupffvitiori scale /“ / 1 ♦t .V ' . ^ .4 i I?) a ■'O O tJ i * a o u c;; J % ^ V A* Ar % !b iii O • a .. j !• ; ■ , 4 • • » • L) • ! 1 • 1 •• f ; i ■•t. : I ■i: ; \ ». 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O s-: V ►'hY'? « Z\^ic ^fV *vl j\ r'lJ' :v it” •»'4 St C lS* 5^ \ i . *-3 If V V •4 »•<m- v'r V-: - % cify , CITYofOEONO Post Office Box 66•Crystal Bay, Minnesota 5&3‘^3*Municipal Offices ;■ OF , ORONOJ On the North Shore of Lake Minnetonka October 1, 1987 Robert Koehnen 537 Hanlon Avenue Wayzata, NN 55391 Dear Mr. Koehnen: The Building & Zoning Department is in receipt of your application.for a building permitr which was received by this office on September 30, 1987. A review of the application finds that the following will be needed for approval: Variance application is required - Contact Zoning Department immediately at 473-7357. (Required front setback in RR-IB Zoning District = 50'; 2;;' proposed.) Review of your application v;ill not continue until the required variance has been approved by the City Council. Please contact the Building fit Zoning Department at 473-7357 if you have any questions. Sincerely, Michael P. Gaffron, Asst Planning fit Zoning Administrator MPG/tln Enclosure - Variance Application BUILDING A ZONING - 473-7357 ASStSSING ADMINiSIRA nON A FINANCI- - 473 7358 PUBLIC WORKS - 473-7359 %To:Planning Commission Chuirman Kelley Orono Planning Commission Members City Administrator Bernhardson /a. Prom: Date: Michael P. Gaffron, Asst Planning fi Zoning Administrator November 12, 1987 Subject: #1221 Gary Eklof & Cathy Lee, 1965 Fagerness Point Road - Variances - Public Hearing Application - Setback and hardcover variances to remodel/expand house, attach garage. Zoning District - LR-IC, 1/2-acre sewered List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey - Existing Exhibit E - Survey - Proposed Exhibit E-1 Survey of Proposal With Staff Remarks Exhibit F - Hardcover Calcs. By Staff Exhibit G - Plans & Elevations Exhibit H - Survey of Similar Applications In Neighborhood. (Composite Survey and List) Pertinent Facts A. Proposed Construction 1. Remove existing non-conforming garage, attach new garage and mudrcom to existing house. 2. Add new foyer and deck/stairs on street side. 3. Put new foundation under existing house (will have to raise it). 4. Add second story over portion of existing house in 0-75' zone, 8' from side lot line. B. Variances Requested 1. 0-75' hardcover: Existing = 39.0% (No change proposed) 2. 75-250' hardcover Existing = 27.6% Proposed » 34.1% 3. Structure addition in 0-75' zone. 4. Structure addition within 8' of side lot line (10' required) 5. Continue existing 1' house encroachment into average lakeshora setback; add 4' 2nd story deck with total average setbac': encroachment of 5'. 6. Street setback for principal structure cf 20' (30' required) (Garage doors 25'-35' from Right of Way, no turnaround provided) rj., Zoning File #1221 November 9, 1987 Page 2 of 3 C. Conformity with hardcover variances recently approved in immediate neighborhood: (See exhibit H for detail) 1945 Concordia 0-75' 7.2% 75-250' 27% % of Lot Hardcovered 19% Total Lot Area 0.33ac 1955 Eagerness Pt Rd 17.3%34.3%27%0.32ac This request 39.0%34.2%36.4?0.28ac 1973 Eagerness Pt Rd 14.3%21.8%18%0.24ac 1971 Eagerness Pt Rd 13.2%29.9%21%0.24ac Discussion General. Applicants are requesting variances to totally upgrade this property, as we have seen done very extensively on Eagerness Point in the last 5 years. This application is very similar in scope to other projects in the neighborhood; however, the roughly 2C'x40' deck on the lake side of the house has a drastic effect on the relati/e hardcover percentages (i.e. without the 850 s.f. deck, 0-75' hardcover is about 24% , somewhat more in line with that approved for neighboring properties). Note that the lakeshore stairway contains a 12'x8' platform with wall posts for a screen or tarp covering. This structure should be removed as it is nonconforming and is rotting away. Note also that the dock section paralleling the shore is mostly over the water. Grading. No grading plan has been submitted; however, the house elevation views show that grades will stay much the same, with no change on the lake side, and retention of the higher ground next to the garage. Staff would recommend that a grading plan be submitted prior to the building permit being issued. The grading shoul^ ’^ave no effect on neighboring properties. We would expect to see some cutti .g of the hill next to the road, for sight distance purposes. Second Story. The second story addition is 8' from the side lot line. The Gemplers next door have only 2 basement windows on that side, hence a second story will likely have little impact on them. No word from the Gemplers as of this writing. Note the 4'x20' second story deck on the lake side which i^ an additional average setback encroachment. New Foundation. Applicants have stated that they expect to put an entire new foundation under the house. They have noted that it is relatively feasible to lift the house to put a foundation under it, but moving it laterally on the lot may be more expensive and involve additional risk to the structure. With the existing 81' to 9' side setback (IC required), there would not seem to be much point in moving the building sideways. From the standpoint of average setback, the 1' encroachment by the wall of the house is very minor. Moving the house toward the street would involve a greater variance to street setbacks for the garage, and would involve more extensive grading. Given the above, and given the size of the lot, staff would not recommend that the house location be moved just for the place the house out of line and out of c^.aracter with'^the^neig'hfeor^ooSf.°“^ Lk r Zoning File #1221 November 9, 1987 Page 3 of 3 Garage Access, The proposed site plan includes removal of a garage that is over the lot lines and in marginal condition, and replacement with an attached garage. The garage will be skewed to the roadway, and the doors will open at a distance of more than 30' from tne traveled roadway. No backup apron is proposed, so staff would recommend that the grade at the side of the road be reduced in order to give proper sight distance to make this a safer access point. Secondary Docks. It would appear that this property is taking advantage of a secondary dock system on the east side of Fagerness Point Road in what apparently is "no-man's land" (see plat map) Staff would question the applicant's legal right to have these docks there, but perhaps the more pertinent immediate issue is, does the applicant need two sets of docks, and is the stairway and hardcover on the west side necessary if the docks on the east side are legal and functional? Staff Recommendation Staff would recommend approval of this project as proposed if the following conditions are met; 1. Remove 8'xl2' platform structure at the lakeshore and remove 4'x4' section of stairway platform leading to it. Allow 4' maximum width stairway structure to remain or to be replaced if necessary, with no platform areas exceeding 4'x4'. 2. Remove 850 s.f. deck and replace with minimal deck to accomplish access to yard area. 3, Applicants to submit a final grading plan for City approval prior to issuance of any building or demolition permits. 4. Grading plan shall include lowering of grade on east side of dr? ■*way access to provide better sight distance. 5. Final hardcover on the property shall be as follows; 0-75' (area = 570(i s.f.) Portion of house 25' average x 47'= 1155 s.f. Stairway to La!ce 4'x27.5' + = 110 s.f. Deck X = _s.f. %0-75'=s.f. or (Note 4'x 20' proposed deck ovei north side of existing deck) 75’-250' (Area = 6450 s.f.) House portion 836 s.f. New foyer 53 s.f. New garage 624 s.f. Attachment Stair Driveway 120 s.f. 120 s.f. 450 s.f. + 2203 s.f. (34.2%) 1 i f Exhibit H #1221 Eklof/Lee - 1965 Eagerness Point Road Variances In Immediate Neighborhood 1945 Concordia - Ragatr - #886 (1985); #1120 (1987) 0-75' hardcover - 0% allowed (7.2% if deck was included as hardcover) 75-250' hardcover - 27% allowed % of entire lot hardcovered (including "non hardcover decks") - 19%+ 1951 Concordia - Busse - #1037 (1986) - Conditional Use Permit for lakeshore grading denied. Waldron - #1223 (Current) - Conditional Use Permit and variance for lakeshore grading and deck requested. 1955 Eagerness Point Road - Gempler - #1141 (1987) 0-75' hardcover - 17.3 % allowed 75-250* hardcover - 34.3 % allowed % of entire lot hardcovered = 27%+ 1965 Eagerness Print Raod - Eklof/Lee - #1221 (Current) Hardcover ’equest: 0-75' : 39.0% (35.2%* ) 75-250' : 34.2% Total request (entire lot hardcover %) = 36.4%+ * Presumes all stairs and platforms at west side are removed (218 s.f.) 1973 Eagerness Point Road - Backstrom - #524 (1979) 0-75' hardcover - 14.3% allowed 75-250' hardcover - 21.8% allowed % of entire lot hardcovered = 17.6%+ 1971 Eagerness Point Road - Mortenson - #892 (1985) 0-75' hardcover - 13.2% allowed 75-250' hardcover - 27% allowed (29.9% if deck was included as hardcover) % of entire lot hardcovered (including "non hardcover decks") = 20.6% L . >0 i ^ ) iJCL V* Fee Ak7^'^o /1 '* • */-* ‘ / Receipt Initials ^ /A9- / 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 \Q0>^ Vf\(cc SS t^r iKTT _ _ _ _ _ _ Property Identification Number (P.I.D.) /V QoQ^; Please checlc one - Is the property abstract or torrens? Attach legal description to application if not .included on required survey APPLICANT Phone (home) H'7 (" Name ^AfCU) f / ("V^rvl t/Phone (work) Address; Ip ACo ^^City; Zip: ^ ^ J_ OWNER (if different than applicant) Name Phone (home) v!%iVw\-L-Phone (work) Address:City;Zip: Date Property Acquired f\C 0 (1 *■»(month/year) '*7 TV r-z nonuri U .1 » I i.'l L mU'IIC I (do) (do not) also own the adjacent parcel.? of land. Flr^AriCE OFFICE __________________———-------------------------------------------------————— PRESENT USE OP PROPERTY Present Zoning District _ _ Present Use of Property rs - i f > Jl J. U M I JL Uv'V 4. \.M. V'\, V* rckl vAA A A ! V'1 wVVfV'V* I ri AA.A A A ’ 14. i-W*«VV I idCEIFT-lH^hS you : ResiHehti^ a’] I15 ‘07 j rurrvI.. ? 'uun i A /O ^ • vT . i V/ «LV/ L f I Other (specify) DESCRIPTION OP REQD’ ST Estimated Construction Cost $>i S. ^• Describe request in detail: (^fu4V^c /4£\0(nr.\? 1--^" h - -:±- 7^ny-/'f' A-r- f VARIANCES REQUIRED Lot Area Setback Variances ( i.ot VJidth Front X ___ Hardcover Side Rear) Other A A KMl f. S 7- -r fte K-__ HARDSHIP Describe undue hardship or practica^l difficulty resulting from st^ct enforcement of zoning regulations; tL, a t'll.;^ DESCRIPTION OP ONDSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; 'P'cc Pi i^c’rArX^ 0k'> /v>v)itiSCA(..»^ ^A’'>nl'ii- - - - L toOTli _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ ___ _ 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. Certificate of survey including hardcover calculations as required. 5. Plat Map The Applicant and Property Owner must sign this application. Pi remember that your variance application is not complete if the a 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 reqvired 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 ^ true and correct to the best of his/her Icnowledge. Applicant's Signature Date OWNERS SIGNATURE The owner hereby aclcowledges 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 / -h'l Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planring 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 ar applicart is unable to attend a scheduled meeting, to please make arrange ments to hov? an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. r \ • •« / > w • # ^I 2 > ? s> X ^ oIT *D ri “□ m > » ^ — 2: y» rr, 7Z O a ;a » a a :; n 73 m i S to m m < < ni m O *71 >am Z Z o u »- CD •O O »- 09 Iz o > > *--n •-• oM M M t :oa 01 o •n o o ►- MzH 73a V' •-. v» V I- 5 3 hIm"’ oiii?m M a 3 01n m > H TJ H » > M m oo 04 o o a o •M 'I n \ >oa;a S S O Of ^ *71 Cl ni O 01 rr« m O U ►- 09 U1 W1 »- 01 Tl Cl Cl >Z 0 0 Cl 1 01 n?01 m r* r- rn IM 01 01 0 0 XI 04 01 01 04 01 01 01 Z 0 *H -4 rn *-*04 01 'OH- 171 rn OI ^•-* -n m m ;d XI oM fl» IK Z 3 01 0) a M M < < nt ni 01 01 •n > ^ CI I n12 01 ^ 01 o 32 M O XIa S to o oi a; ii C. 4. O 04 2 — ® z o ^ 2 ^ w o > rJ o T3 4n a or M 04 >o *- 01 a 31 01 I 0» n ►- I su U Z 0* P 04 ‘O z I- a ►- M ^r X >> o S5i32 §5 ^ S aj rn d M U1 o > -< 31 r.n XI X3 Mor 31 XI > O Cl O 04 — CD>o 01 ►- 0 1 Z N 01 73 1/1 m 04 030» r- ►H Q» 9» t- »-4 C. r“ r* M XI XI > > 22 N N n 2 3a M > rj 04 01 H O o E •- > <o M 04 XI XI -H -n Cl m C9 01 53 4^ oi 01 01 01 153 3? 01 01 i- Z O 04 ►- 01 ^ 5 I XIa m H > P- T| ►- Cl Ini fM »04 n? »- 01 01 3 M 3 o o 0 01 > ^•< o 54 OI H -n > > Cl 35 01 01 04 <3 13 -4 Cl a > XI I- -<m m X r* r- O O -n -PI 0* ^on *71 O 04 M* CO«o 0 01 *- 01 I •n ►— > vj Cl • rn r9 X] 04 73a -< m m mm fn N- 01 ^ 01 o m o c o M o XIa ^ \ .-4 0 g > E 30 > X 2f 0 Z -o m g 01> X ^ 0 •4r-. > ^ w z •<m z caXI > Cl > m z 0 0 XI > a 00 Z X3 m s 04 X, 3 a -7 11 o N. 01 PPOposeD ADOITIOU R3E THe EJCLOF &&SlDeMC£- LOT S PACjElS-MesS 'P r I o A' \ e.'itlST ^coc. \V I 1 ■ 1 I ' I I ^ . I I 4 T » t ^ " i* ’ V 1 - 6.v:K/r MM I 1 • I I v) > 0 I ---------------- I ' I ! 1 IJ 11“'* M 1 ! 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JLaJ(.€ Q(\fAtiot\. ;lai^d'3 # fLCOx<i^ Ux^OtC\ ---------------- ---------A'— TO: FROM: DATE: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Zoning Administrator November 12, 1987 SUBJECT: #1222 Jan Waye, 1885 Concordia Street - After-the-Fact Conditional Use Permit/Variance - Public Hearing Zoning District - LR-IC Pertinent Ordinances - Section 10.03 Subdivision 19 - Conditional Use Permit required for filling, reclaiming of lands, changing the shoreline elevations. Section 10.55 Subdivision 8 - Varaince must be approved to alter, etc. lands within 0-75 feet of the lakeshore. Section 10.22 Subdivision 2 - Access stairs located within 75 feet of the lakeshore - safety stop exceeds 4' X 4' - stairs are at allowed 4' treads. Ordinance 39, Second Series - Emergency restoration allowed from storm damage of 7/23/87 List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Pertinent Issue Application Property Owners List Plat Map Reep Letter of 10/20/87 Cook Letter of 11/10/87 Cross Profile of Shoreline Restoration Cross Profile of Lakeshore Bank Plan of Shoreline and Banks 1. The City was not advised of this restoration work until after the project was completed - City never had any imput nor the opportunity to advise applicant of City's policy to encourage natural structures or landforms along the shoreline. The applicant may argue what is more natural than the use of rock and boulders within the shoreline. it is the extent and intensity of use of the boulders throughout the entire shoreline that is of issue. 2. During period of the emergency restoration, the City allowed retaining walls when slopes or grades of 1:1 or 2:1 had to be maintained - plantings were required to screen the retaining walls. Cribbing, (underground retaining walls or substructure) w was an expensive method of restoring lil or 2:1 slopes. At the en- of the effective period of the interim ordinance, staff discovered an inexpensive method of restoring 1:1 slopes referred to as fabric stablized embankment that involved an engineered design for the placement of fabric in relation to a sped fic depth of ground cover installed in various layers and levels. 3. The City staff and City Engineer have no experience or information concerning the method of bank restoration used by applicant. We have received little information from applicant's contractor except fo: the plan (Exhibit H) and Mr. Reep's written commentary (Exhibit D). Review of the Restoration Plan A silt fabric was placed against the damaged bank to protect disturbed soils from erosion and hydraulic pressures from the bank. The contractor then individually placed Class IV and V red limestone boulders in a tight fitting uniform pattern over the fabric. The spaces between the boulders were filled with black dirt to encourgae growth of vegetation. Keep states that in "a few years the vegetation will become established and obscure the rock boulders." A second phase of the restoration involved shoreline repair by placing Class I & II red limestone rock over silt fabric placed over a gravel base - Rip Rap. The City has no confirmation that the owner or contractor has obtained the necessary permit from the MCWD. The profile of the rip rap phase appears to satisfy DNR standards but this must be confirmed by appropriate reviewing agencies, Staff has the following questions for the applicant 1. Reep's commentary refers to two areas on the shoreline property - Staff finds the entire 150 feet wide lakeshore bank involved in restoration. Explain the need to place piles of boulders just to the south of the access stairs. 2. How much black soil has been placed around the boulders? Staff did not observe any - only snidl rocks. How will regrowth take place in limited depth soil and with silt fabric? If this method has been used before, please advise where so that staff may observe the rate of regrowtli and effectiveness in stabilizing the bank. 3. Has applicant begun the process of filing the after-the-fact application with the MCWD? 4. Cook's report (Exhibit E) would suggest that this technique will not provide stabilzation for banks this steep. The applicant has provided n») engineering standards or supportive data for this method of restoration. Does the Planning Commission have any other cjuesticns or r \ .1 concerns? The applicant has provided photos of the lakeshore banks prior to restoration and will be available for review at our meeting.i Staff Recommendations To table action on this application providing time for applicant and applicant's contractor to meet with staff and the City Engineer to determine effectiveness of this technique in stabilizing the steep lakeshore banks of the property and need to determine what portions of the work should be removed. '>1 t \ - ' r--n c f^CiZ^ n Date Roc*d Fee . cO _ _ _ _ Receipt CITY OP ORONO GENERAL LAND USB APPLICATION Initials tjt')TT /JiS! JX- PROPERTY LOCATION Site Address 1885 Concordia Street, Orono, MN 55391 Property Identification Number (P.I.D.) 1711723230002 Please check one - Is the property (for Conditional Use Applications only) abstract or torrens? APPLICANT Please attach legal description to application if not included on required survey. Lots 3 & 4, "Coffee’s Addition to Shady Wood" Henn.Co.,J^____ Phone (home) 475-3925 ________ Name Waye Phone (work) 475-7392 Address 1®85 Concordia Street City Orono Zip 55391 OWNER (if different than applicant) Name Phone (home) Phone Address Date City rrrw rc "2it> i. f A' ’ X Dat-f» Property Acquired ^(J' X {(o_ _ _ (month/year ^ K I (do) v^(do not) 'also own the adjacent parcels of land. intCS JL EQO.Ci lA mm mm mm mm mm mm imm mm mm mm ^mmmm mm mm mm mm mm mm ^m ^m mm mm ^m mm mm ^m mm mm mm mm mm mm ^m mm mm mm mm mm ^m mm mm mm mm mm ^m mm mm mm mm mm i«*v TL rA r U i- -L 1 t*yni\ f L.‘u-* PEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use ;03:S50 cool EQI T10:45 10/C2/37 $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling ~ 101 cu. yd. or more Seawall, retaining walls within 75* of lakeshore Bank Stabilization PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 $250.00 $150.00 $ 50.00 $250.00 $200.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning Appeals Other “ see fee schedule j PRESENT USE OP PROPERTY Present Zoning District Present Use of Property Single Family Residential _ _ _ _ _ _ _ Other (specify) / DESCRIPTION OP REQUEST Describe request in detail: Repair bank and bhoreline damage from J^uly 2 3, 1987 storm, by placing red limestone rock in the damaged areas. _____ REQUIRED SUBMITTALS 1. 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. 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. 4 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 )cnowledge. Applicant's signature/^^Date IC-IO-SI OWNERS SIGNATURE The owner hereby acJ^noWledg’es 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 vei^ifica^on of this request. Owner's signature Date Applicant must haveiali, submittals into the City offices 25 days before the Planning Commission Mee/ting. Planning Coixunission 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 ma)ce arrangements to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. k. .. 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Wayzata, MN 55391 Ms. Jeanne Habusth Planning and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN RE: Shoreline and bank stabilization for Mr. Jan Waye, Fagerness Point, Orono. Dear Ms. Mabusth: With regard to our phone conversation yesterday, I have enclosed a completed Conditional Use Application form and a copy of the "after the feet" drawing of the work completed. The project consists of the placement of Class IV + V red limestone boulders on two areas of the property that had bank failure resulting from the rainfall on July 23, 1987. Mr. Niccum, the Contractor, used a crane to lift the boulders and hand set them individually, so as to lock them together in a tight fitting uniform slope. The voids between the rocks have been filled with black dirt to encourage a rapid regrowth of vegetation. In the next few years the vegetation will become established and completely obscure the rock below. The construction method includes the placement of a silt fabric against the damaged bank tc allow the relief of hydraulic preasues from the bank. This fabric also restricts soil erosion of the existing bank. The project also included the placement of 150 lineal foet of Class I + II red limestone rip rap as shoreline erosion protection. The Conditional use permit is being requested for "after the fact approval" as the work has been completed to prevent additional damage to the bank and shoreline. Should you have any questions after reviewing this application, please contact me. Respectfully Submitted, » Clifford Reep cc J. Waye ^—m Bonestroo Rosene Anderlik & Associates Otto G. Bonestroa PE. Rot>^rt W. Roscnf. PE Joseph C. Anderlik. PE Bradford A. Lemberg. PE Richird E Turner. PE James C Olson. PE Glenn R Cook. PE Thomas E Noyes. PE Robert G Schunichi, PE, Marvin L. Sorvala. PE Keith A Gordon. PE Richard W. Foster. PF. Donald C Burgardl. PE Jerry A Bourdon. PE. Mark A Hanson. PE Ted K Field. ?E Michael T Rautmann. PE. Robert R Pfefferle. PE. David O Loskota. PE. Thomas W Peterson. PE MKhael C LyrKh. PE James R Maland. PE Kenneth P Anderson. PE Keith A Bachmann. PE. Mark R Rolfs. PE Robert C. Russek. A I A. Thomas E. Angus. PE. Howard A. Sanford. PE Charles A. Erickson Leo M Pawelsky Harlan M oison Susan M Eberim Mark A. Seip Engineers & Architects November 10, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re: File No. 139 - 1222 Jan Waye Dear Jeanne, We have reviewed the shoreline reconsturction work completed at the Waye property on Fagemess Point Road. The work is not consistent with the City policy of maintaining natural conditions along the lakeshore. The lakeshore banks are steep and some type of protection or stabilization will be required. I feel it will be necessary to meet with the Wayes and their landscape people to determine what portions of the work should be removed. If you have any questions, please contact this office. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:li 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 fs) O) fv)a> fVl CQ 0> •i:« C 0> tv) (>) ■Vi « \ I TO; FROM: DATE: SOBJ: Mayor Grabek Orono Council Members Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson Michael P. Gaffron, Assistant Planning & Zoning Administrator November 11, 1987 #1223 John B. Waldron, 1951 Concordia Street - Conditional Use Permit and Variance - Public Hearing Zoning District - LR-IC Application walkout. - Request to grade in lakeshore yard to create List of Exhibits ~ A “ Application B “ Plat Map C - Property Owners List D - Survey showing location of proposed deck and retaining walls E - Letter of request F “ Plans G - Hardcover Calculations H - Hennepin Conservation District Memorandum regarding lakeshore repairs I -■ Before and After photographs of lakeshore bank erosion J - Diagram showing location of neighboring houses K - Minutes from Application #1037 - Conditional Use Permit for some work on this application denied in 1986 L - Letter from City Engineer dated 11-10-87 Pertinent Pacts - 1. The lakeshore bank of this property was damaged as a result of the 1987 storm. Applicant wishes to repair that damage by lowering the grade to create a walkout from the existing house, construct a retaining wall at that cut up to the house, and regrade the slope and seed it along the lakeshore. Proposal also includes a deck extending from the west side of the house where no deck previously has existed. 2. Setbacks; Existing house to the lakeshore = 56' Proposed deck to the lakeshore = 46' Average lakeshore setback encroachment for the house is approximately 12' Average deck setback encroachment for the proposed deck is approximately 6' Zoning File #1223 November 11/ 1987 Page 2 3. Hardcover 0-75* Zone: Existing - 1107 s.f. per applicants calculations (or 19.7%) Proposed - Applicant proposes to remove the house portion of the hardcover by installation of gutters and a sealed pipe straight to the lake. He also proposes reducing the area of steps to the lake as a result of the grading of a portion of the bank. ''Additional hardcover proposed is a 165 s.f. deck/ and an additional 19 s.f. of steps through retaining walls. Applicant suggests that this results in a net removal of 700 s.f. of hardcover in the 0-75' zone resulting in a final hardcover of 7.2%. Staff would note that the direct transportation of roof runoff water to the lake through a pipe is directly contrary to the City's philosophy that all roof and other hard surface runoff should travel over and through the ground surface for filtration purposes prior to reaching the lake. Under current City philosophy/ applicant's proposal merely increases the 0-75' hardcover from 19.7% to 22.1% calculated as follows: 834 s.f. of roof area 127 s.f. deck near the lake 43 s.f. concrete half circle 54 s.f. steps to the lake 164 s.f. deck 19 s.f. of steps through retaining wall_ _ _ _ _ _ _ _ _ 1241 s.f. 5625 s.f in 0-75' zone = 22.1% hardcover Discussion - Applicants situation is similar to many others around the lake where steep lakeshore banks have suffered severed bank erosion over the summer due to the "super storm". The City Engineer has viewed this site and feels it is no different than any other situation along the lake where steep banks have eroded. He states that there are numerous methods of repair to this lakeshore bank that would not require grading out of a walkout area for the house. I would ask you to lead applicants letter of request. I would also ask you to read the memorandum from the Conservation District/ and then ask you to read the City Engineer's letter which recommends denial of the request to create the walkout. Staff would note that the majority of existing properties in the neighborhood have not created a walkout by cutting down the lakeshore bank in the manner proposed. An exception to this is the Backstrom residence at 1973 Fagerness Point Road which was excavated out some years ago, apparently prior to the 1975 adoption of current lakeshore ordinances. In addressing certain of the applicants concerns and hardships, staff would note the following: 1. Staff agrees that a system of vertical retaining walls along the entire slope would be aesthetically less pleasing from the lakeshore view than a grassy vegetated slope without vertical retaining walls. Zoning Filci #1223 November 11» 1987 Page 3 2. The applicant notes that the Busse application was denied primarily because there was no hardship demonstrated. Start does not agree that the circumstance of the lakeshore bank erosion is related to the need for excavation to create a walkout. As previously stated, there are methods to suitably repair the storm damage without creating the walkout cut. 3. Staff does not agree that the direct transportation of roof runoff to the lake via a non-perforated pipe is in keeping with the current City philosophy that all runoff from hard surface areas should be filtered through the ground before reaching the lake. While the method proposed may serve to decrec'se saturation of the ground near the applicants house and perhaps reduce potential for future major erosion events, it does does serve to transport any debris, dirt, dust, and other roof runoff impurities directly to the lake with no chance for filtration. It appears there is a conflict in goals between what applicant is proposing and the current City philosophy. 4. The issue of the deck extending beyond the average lakeshore setback is an issue unrelated to proposed. This is proposed to be a ground level ^e^k and would not cause an obstruction to neighborin^g views of the lake. The main issue then v/ith the deck should be the extent of additional hardcover created by the deck. 5. Applicant also notes that with the use of retaining walls the area of flat surface will be maintained. There will no be as much sloped surface on the property. However, in staff's opinion, that additional flat area does not justify the walkout excavation proposed. To summarize, staff feels that significant physical hardship to the property, namely, the natural erosion that occured, is not related to the request for a deck or for a walkout excavatio . Staff feels there will not be a significant reduction o hardcover but there will be an increase in hardcover. Statt feels that there are other methods to prevent furthei. erosio into the lake instead of the applicants proposal fnd staff suqqests that the walkout cut will not be consistent with neighboring properties, the majority of w.»ich are constructed w?th a baseLnt totally below ground level on the lakeshore side and which do not have walkout cuts centered on the property. Staff recommends denial of the proposed grading <^uts to ^ walkout and recommends that applicant submit a ^ for qradinq in order to repair and maintain his ^sjeeshore bank. Staff would recommend approval of the lakeshore dec prop near the house as shown conditioned upon concurrent removal the 9'x 14* deck at the edge of the slope, resulting in a net increaseof 37 s.f. 0-75' hardcover, or from 19.7% to 20.3%. r -a ( ^ r;n f:/ f*.-, '' . • • -. A CITY OP ORONO GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 1951 Concordia Street Property Identification Number (P.I.D.) 18-117-2314 0011 Please check one - Is the property X abstract or torrens? (for Conditional Use Applications only) CITY 0R0S!'^‘Please attach legal description to application if notrf;^cj%u^'(|£on required survey.n r*i rrw VI L- L. • T r.iA M• V V APPLICANT Name John B. Waldron Phone (home) 47 TiI t.W.V'V • vv nticlr i-inr.,U\ iLfiJ Address 1951 Concordia Stre^jt _Phone (work) 3 39^'04'4'1 TOy^Qj J City Pro no_ _ _ _ Zip 55391 7 I S /i V/ ^uV C / OWNER (if different than applicant)Phone (home) 471-0607 Name John H. and liVnn J. Waldron Address 1951 Concordia Street Date Property Acquired 4/87_ _ Phone 7'^q-n44i City Orono Zip_55_l2J (month/year) I (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.) $150.00 c) Duplex Credit/Bldg $250.00 d) Conunercial/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 $250.00 $150.00 $ 50.00 $250.00 $200.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezonlng Appeals Other - sec fee schedule J PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail: Change grade on Jakoside of house and add retaining v;alls to repair storm erosion damage; also add walk out to b:iscrrent and dock attached to house REQUIRED SUBMITTALS 1. Completed Application Form. 2. f 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. 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 suppli^ is true and correct to the best of his/her knowledge. i/j A \U -Applicant's signature \Date /g/i-Vg? wohn B. VJaldron OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonably entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and y/^riti'^tion of this request. Owner's signature Date k!izfn - T/o 0 n n “ c 7 n-rarcfT-----CffTr: "rr r “rn-ritrorr--------------------------------- 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. 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Si -H O ■< *u m a M ifl •>: U1 3-^5 M 9 (/IHm 3 A' -f r' r ■■ '\ V V , 'I.r n ri I s -m • nj M N i/4 Coi'REY, Schwinn & Kodadek A PRO^eSSlOMAL ASSOC'ATION ATTORNEYS AT LAW Suite 300. 400 Marquette A venue MINNEAPOLIS. Minnesota 55401 Telephone (612) 339-044 1 8AM r. COUREV ROUfiRT P. SCHWtNN 0E0R08 R KOOAOCK JOHmJ B WALDRON LAWRENCE R ALTMAN CAROL C. SHEPPARD SANDRA P GILBERT JOHN L. NELSON October 22/ 1987 City of Orono P.O. Box 66 Crystal Bay^ MN 5-323 it % fO QJ) tU.V ’•* ** Re: John and Lynn V-Jaldron Property 1951 Concordia Street TO THE CITY OF ORONO: This letter accompanies our General Land Use Application package regarding the above property. The impetus for our request is extensive erosion damage suffered by our property in the storm of July 23, 1987. As you can see from the three photographs enclosed as attachment A (one "before" photograph and two "after" photographs), an extensive portion of the bank on the lakeside of our home slid into the lake as a result of that storm. Obviously, some extensive work will bn necessary to repair the storm damage and prevent further erosion of the slope with resultant pollution of the lake. One alternative is to create an extensive system of retaining walls on the lakeside slope area. However, there are several drawbacks to this alternative. One is the extensive cost involved. Another is the fact that, as we have observed, even slopes with extensive retaining walls slid into tlie lake during the July 23rd storm. Finally, the lakeside retaining v;alls would be less aesthetically pleasing as viewed from the lake than would a naturally vegetated slope. Our preferred and proposed solution is to excavate and remove a portion of the bank on each side of the stairs to the lake. This would reduce the need for extensive retainage on the lakeside face of the slope, would increase the relatively flat absorption area at the top of the bank for future rainfall, and reduce the possibility of future erosion problems which could come in the future, further polluting the lake. Since half of our existing home is within the 0-75' area, it is also apparent that some variance from the City ordinances will be required to repair the storm damage, whatever the nature of the repair might be. As a part of our proposal, we are also city of Orono Re: John and Lynn Waldron Property 1951 Concordia Street October 22, 1987 page 2 proposing to cat a walk-out in the basement wall of our home and to add a deck above to acconuuodate exit from the existing rear door of the home and to aid in utilizing the backyard. See attachment B, consisting of two sheets, which depicts the proposed changes. As the City is aware, the previous owners of the property, John and Susan Busse, made application for a walk-out in 1986. The City rejected that application, as I understand it, primarily because the applicant could not demonstrate any hardship nor benefit to the quality or quantity of runoff to the lake. Such is not the case with the present application. A hardship obviously exists due to the damage created by the July 23rd storm. In other words, in the language of the ordinance, "The plight of the landowner is due to circumstances unique to his property not created by the landowner." City Ordinance §10.08, subd. 3.A.2. We did not create the erosion situation and the situation, although it occurred at a number of other properties in the City, is not a problem common to homeowners in the City. It is also clear that if the present slope remains unchanged, the lake wil] continue to be polluted by the resulting runoff and further portions of the bank may slide. Even if one attempts to revegetate the slope as it is, the slopes are too steep to adequately maintain vegetation and future erosion and sliding would be likely. Hardcover calculations have been made on page 1 of attachment B and show that the proposed changes would result in significant reduction of the hardcover from 19.67% to 7.2%, a 12.47% reduction. The largest part of this reduction is due to the fa^t chat gutters were installed on the lakeside of the home as an on.urgency measure after the storm. These gutters catch the entire portion of the roof which was previously hardcover within the 0-75* area and divert the runoff directly to the waters' edge by means of ron-perforated tubing. Since this runoff from the roof is clean, and the tube is not perforated, there is no resulting damage to the water quality from this runoff. This idea was obtained from the Hennepin Conserva tion District. To the extent that the reduction in hardcover in fact reduces the quantity of runoff to the lake, our proposal meets this concern of the City as well. Runoff to neighboring properties would not change. In general, the proposal can only have a positive effect on the health, safety and welfare of the community, by protecting the lake from future pollution as a result of erosion and other runoff. By adding a walk-out and deck to the property, the proposal will only have a positive effect on the values of the property in the surround ing area. Attachment C shows some information regarding the setbacks j ; city of Orono Re: John and Lynn Waldron Property 1951 Concordia Street October 22, 1937 page 3 of the adjoining properties. We have discussed our proposal with these adjoining property owners and they enthusiastically support it. In addition, on each side of the property, there are thick bushes which prevent anyone from looking into our back yard. It is doubtful w.iether the property owner to the North, Ragatz, will even be able to view the new proposed deck from their house, which is set back further than our house, much less from the most lakeside edge of their own deck, which we understand was itself constructed by means of a City variance. The property owners to the South, Gempler and Ives, would be able to view our deck fro.n their deck, were it not for the v getation. We under stand that their existing deck, which extends beyond the lakeside edge of our home, was also constructed with the aid of a recently granted City variance. Thus, the creation of a deck attached to our home would only be in keeping with the construction of the homes immediately on either side of ours. Our deck v;ould only extend from our home a maximum width of ten feet, as does the Gempler/Ives' deck. The reason we have proposed side retaining walls coming out from the proposed deck is to preserve the relatively flat area on the lakeside of the home as much as possible for purposes of absorption of rain and runoff. However, if the City would prefer to eliminate these side retaining walls in favor of a grading plan as proposed by the Busses, the applicants would be willing to concider that. It may be that there will still have to be some retaining wall on the lakeside bank in either event on the north side of the stops due to the steepness of the slope at the top. Attachiiicnt D shows the previous certificate of survey furnished by the Busses, and v.iiich the present applicants present as their certificate of survey also. This survey shows the Busses’ proposed grading with our proposed dock and retaining walls superimposed. In summary, the applicants submit that there is significant physical hardship to their property, making a grant of the proposed variance reasonable and appropriate. The proposer! land use change will result in a significant reduction of hardcover, will hault the further erosion into the lake with resulting pollution, will be consistent with neighboring properties, and will only benefit those properties and the City as a whole. J^espoctfATj ly/i submitted , ( / Waldron L ) I i t I • I <J • ** f ,---------------- •/^A» \ \ "-3 ----^XTr^ T-:-i-1 zz-t: i: r - --------------X * ^ ■ S^liJ 'r: K« \ Mil \ H I • ! i tT-4.-._: ■4-1 tr :s}t-:=:. ; r-li •i; 'll Mis -w'^r.-'-v:' .•■• , • * . • • «pI •at*:^.«<4.<#' x*ir *#»^ 'v. •^ - . i _______I ll o \ \ 0 "Z. ^-- 8- •4 » fWH H t--5ii '-I! i! II I! 1.,.4 ti ♦s ?n <!?•I? IS z 9 Tf P vf\ 8 :! "'i • . V ■';■■-1 ' .'■] • ll 1 i f cv V£N I I * » " 4 /•/ .' f / / /V/ / ✓. ' • . > ’ •*/ '^y^l y y ' ^ y ' y / 'V •', . / A • /', / V ‘ /y/y. y-/ * .< ,- ■ • ." /vV /y'.1 'v • . V v./v AA i % ^J^ 4^ CouREY, Schwinn & Kodadek A PROFESSIONAL ASSOCIATION A ttorneys at law Suite 300. 400 Marquette A venue Minneapolis . Minnesota 55401 Telephone (612) 339-0441 SAM T courev ROBERT P. SCHWINN GEORGE R. KODADEK JOHN B WALDRON LAWRENCE R. ALTMAN CAROLC SHEPPARD SANDRA F. GILBERT JOHN L. NELSON November 9, 1987 Michael Gaffron Assistant Planning and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 HAND-DELIVERED Rg: John and Lynn Waldron Property 1951 Concordia Street Dear Michael: As we discussed today, I am enclosing a copy of our hardcover calculations in connection with our current Land Use Application. I am also enclosing a copy of the Memorandum we received from Hennepin Conservation District shortly after the July 23rd storm which gave us the idea for the perforated sub-curface tubing which drains the lake side of our roof ,. Should you have any questions regarding these documents, please feel free to give me a call. JBW:cy Enclosures rs truly ohn B. Waldron J qt 1 1 ' ji ^4 o <5^ } tjO CN ro *•♦ - - V._-/ \ i;i':s--i) jc^ r< ^ !w cOc> V » •% 'J v: V « mm ^ * 1 1 14# 1r> ^L________■..r'v:L' ’-i^A-** — \ n> V-. rs o-e —> o "S' O I r\ 5^ o Ci %•.• f<n vr-, • • C5 Tn- or>o s*a- ’k*. o ^ r^A Cn TV o c- 3 -r* V, V. > ».v V'•?3 li- N X r%- •if'* f\ o m.-*«• •»*>••4 N «V____>r V,N.. V 9 • \ 'X.• • •f w' •<< Ar^."'O o <M w o CS5. Inm y>♦ ->m 1-1 1 _'n ■>o *•<•5 A :b i • r* V o«,» •t >. i > N tiCS :0 K3 m ~£i o« o -c rN ^0 V4 -C. -+ C •% *-^5 ^--4? >Ci V *J v:>•v) V. \ <5^ r'o 1 -A* 4% ♦ I •' 4 V < ■H •> * * Zfc: <> \ ^ V N <:r4 V o % c r- ^up^n Hennepin Conservation District MEMORANDUM TO:John Waldron FROM: James Piegat, Ph.D. DATE: 14 August, 1987 SUBJECT: Repairing Erosion Damage Enclosed is are some general recommendations about repairing damage caused by rains earlier this month. Naturally, there may be additional concerns on a site- by-site basis. Solution of lakeshore problems should begin at the shoreline. Stabilize the shore and then work upslope. Retaining walls needed for structural support should be designed by an engineer. Such walls should be supported by both tie-backs and vertical posts. Prevention consists of controlling surface runoff and ground water seepage. Subsurface drains should be placed behind all retaining walls and at the toes of all regraded slopes. Please contact our office if you have any further questions. We would be happy to discuss particular solutions with your contractor, if you see the need. -j RidQe Plaza Dido. 12450 Wavzata Roulevard Minnetonka, Minnesota 55343 Telephone (612) 544*8572 '^10^ Hennepin Conservation District Repairing Erosion Damage 1.0 Slope Restoration Eroded areas be restored by regrading existing materia). Clean dirt fill should be used where additional material is needed. The regraded surface must have a uniform slope with a level cross-section; it must not have any depressions or bumps. The fill should be covered with four inches of loamy topsoil for the vegetative cover. Where possible, eroded areas should be regraded to slopes no greater than 1 on 2 (50% grade). This can be achieved by extending the regraded slope at the toe, cutting the slop© back at the crest, or constructing a retaining wall at the top of the slope. Six-inch diameter drains must be installed along the toe of all affected slopes and behind all retaining walls. Corrugated polyethylene perforated tubing is recommended. Drains shall be laid to a neat line and grade in a trench excavated into i;'"‘.riisturbed soil. There should be no void spaces betv;een the tubing and the walls of the trench after backfilling. Turn both ends to provide cutlets. Except for outlets, drains must be three feet below the final graded surface. A redent guard must be placed over all outlets. * « Retaining walls can be used to shorten '>e regraded slope. The retaining wall should be placed at the top of the slope anJ not exceed five feet in height. Six-inch drains must be installed behind all retaining walls using specifications cited above. Drains should be placed at the same elevation as the bottom of the exposed 'vall and four feet behind the wall where possible. An engineer must be consulted for the design of retaining walls needed to protect structures. 205 Ridge Pla/a Dldg 12450 Wayzaf.i Boulevard Minnolonka, Minnesota 55343 Telephone (612) 544-6572 {•mw hW]• tfs Srai7SISlS{Bnig&gE&^ LUiLIHiJ rsTTtl# f5TlifSl#Ts^tt[#i#nfrsl>aftM»J \^w^^ rillM ETiTi bM«J^llibi9l 6TiI#rM ibWTM MS4M4 MTir# bTil# fsn?4faiJj#!siigT?tiTgiBa 3.1 This item shall consist of furnishing all seed, fertilizer, mulch, netting, labor, and equipment required to prepare the seedbed, seed, fertilize, and mulch the critical areas as described in Items 3.1 through 3.7. 3.2 Each site shall be seeded and mulched as soon as practical upon completion of shaping and seedbed preparation. 3.3 All disturbed areas designated for seeding and mulching shall be shaped to a uniform slope of 2:1 or flatter and seeded within 1 day after seeded preparat'cn. 3.4 The fertilizer shall be applied at the following rates of available plant food per acre: Nitrogen (N) Phosphoric Acid(P205) Potash (K2O) Ground Limestone 100 lbs (2.3 lbs/1000 sq ft) 100 lbs (2.3 lbs/1000 sq ft) 100 lbs (2.3 lbs/1000 sq ft) 3 Tc IS per Acre (14Q lbs/1000 sq ft) (as determined by soil test) 3.5 A minimum of 4 inches of tcpsoil shall be applied. Topsoil shall be friable, loamy material (loam, sandy loam, silt loam, sandy clay loam or clay loam) and shall be free of debris, trash, stumps, rocks, roots, noxious weeds or any substance potentially toxic to plant growth. Topsoil shall have an organic matter content of not less than 3% by weight and shall have a pH of 6.0-7.5. Topsoil containing soluble salts greater than SOOppm shall not be used. 3.6 Seed shall conform to the quality requirements of Federal Specification ]]]-$- 181 and State of Minnesota seed laws. All seeding rates will be based on pure live seed. 3.7 The following seed mixture and rates of pure live seed shall be used: ■Species PLS 'bs/ac. Ibs/10C Q Smooth Bromegrass Kentucky Bluegrass Birdsfoot Trefoil Perennial Ryegrass 15 5 3 3 0.34 0.11 0.07 0.07 3.8 After construction is completed to design grade and shape, fertilizer shall be applied uniformly over the area to be seeded. Surface tillage to a depth of 2 inches shall be done to incorporate the fertilizer and lime if needed as determined by soil r test. The site shall be reasonably smooth and free of debris such as rocks, roots or tree branches before seeding. 3.9 The seed shall be spread uniformly on the surface. Broadcasted seed shall have an approximate earth cover from 1/8 inch to 1/4 inch (between 1/2 and 1 inch on most sands) by dragging or hand raking before the mulch is applied. a. Broadcasting - Seed shall be uniformly distributed by a mechanical or hand operated seeder. Cover the seed by cultipacking, harrowing or hand raking. b. Hydroseeding - Apply the seed alone or seed and fertilizer in slurry form uniformly over the area. Hydroseeders shall provide continuous agitation and be capable or supplying a continuous, non-fluctuating flow of slurry. Cover the seed by cultipacking, harrowing or hand raking. 3.10 Mulching shail be done immediately after the seed Is sown. The mulch shall consist of clean hay, straw, or long fibered wood cellulose blown or hand applied at a rate of 3,000 to 4,000 lbs. per acre for hay and straw, or 1,5C0-2,CC0 Ibs./ac. for the wood cellulose. The contractor will provide a method satisfactory to the engineer for determining the weight of mulch furnished. 3.11 On slopes steeper than 3:1, the mulch shall be anchored by a netting securely stapled into place. The netting shall be a black polypropylene extruded rectangular mesh with 3/4" x 1" opening and having a weight of 2.6 pounds per 1,000 square feet (+ 0.5 lbs.). Netting shall be equivalent to Economy Erosion Control Netting from Conwed Corporation 2 ^' nnesota Street, St. Paul, MN 55101. All netting will be secured by staples on 4 to 5 foot staggered centers, except on the ends of the netting where staples will be placed at 1 to 2 foot spacings along the entire width. Adjacent or end to end nets will have a 4-6 inch overlap with the net on the upstream side of any lateral water flow on top. Staple will be 1" by 6" long, 11 gauge wire staples inserted flush with mulch or ground surface. 3.12 When construction is completed between May 15 and July 1 and August 1 and September 15 all sites will be seeded to the permanent mixture listed in 3.7. No dormant seedings will be made when using this permanent mixture. If construction Is completed during the period of September 15 to November 1, the area will be seeded v/ith a temporary seeding consisting of 10 pounds per acre perennial ryegrass planted with a grass drill or hand seeded and harrowed. After these dates a dormant seeding may be made. 1 a. Dormant seedings are made after soil temperatures are cool enough to prevent germination. Procedures for applying needed lime and fertilizer, seedbed preparation, seeding and mulching are the same as during other seeding periods. b. An alternate method of dormant seeding is to apply neede lime and fertilizer, prepare a seedbed, and apply and anchor mulch, t'ow seed as a dormant seeding over the mulch during the time period shown in the Optimum Seeding Period Table. Do not seed on ice, or snow deeper than 2 inches. Double seeding rates when using this method. 3.13 Optimum Seeding Period Grass/Leoume Soedes _____Soring Summer Dormant Cool Season Grasses Warm Season Grasses Alfalfa; Red Giover Birdsfoot Trefoil; Crownvetch 4/1-5/50 5/15-6/20 4/1-5/20 4/1-5/20 8/1-9/15 8/1-8/20 11/1-4/1 11/1-4/1 11/1-4/1 11/1-4/1 1‘ 3.14 Establishment Management: a. Control undesirable broadleaf weeds, weedy grasses and woody plcnt growth as needed. Clipping should be done before the weeds begin to compete for moisture and prior to weed seeds maturing. b. Herbicides may be used to control some species of weeds. Optimum control will be obtained when weeds are in early growth stages. Herbicide applications should be delayed unlli grasses reach the three-leaf stace. Do not apply herbicides to seeding mixtures that include legume. Herbicides shall be applied in accordance with authorized, registered uses and directions on the label. The individual who applies herbicides is responsible for complying with federal,state and local laws and regulations governing the use of herbicides. 4.0 General Recommendations In The Establishment Of Grass: Seedbed Preparation - Area to be seeded should be well worked: the same as for a standard lawn seeding. Harrow or pack the seedbed prior to seeding to break up large clods and firm the seedbed. The prepared seedbed must be soft enough to permit covering the seed and anchoring mulch yet firm enough to prevent burying seeds too deep. For example, the soil should be firm enough to support the weight of a person without sinking into the soil more than 1/2 inch. The entire seedbed should be uniform, friable and well packed. In some cases, heavy land roller or culti- packer may be needed to get the desired compaction. Perform all cultural operations across slopes where possible. Areas inaccessible to equipment shall be scarified by hand. 4.2 Method of seeding- Proper placement of grass seed is very Important The most desirable method is to use a grass type drill that will plant the seed about 1 /2* deep in well packed soil. If such a machine is not available, the seed can be broadcasted on the surface. If this method Is used, then the entire area should be harrowed twice immediately after seeding. On slopes steeper than 3:1 this will generally mean hand harrowing etc. 4.3 Time of seeding - If warm season grasses are recommended the most desirable time to seed warm season grasses is after the soil has warmed up over 60 degrees. This usually will correspond with the average seeding date for Sudan grass. At the 45® latitude, this would be approximately from June 1 to June 30. If these grasses are seeded too early or in the fall, they generally do not perform as desired, and will often result in a failure of the planting. Grass other than warm season grasses should be seeded before May 20 and from August 1 to September 15. 4.4 Seed sources - Most large seed companies can get the warm season grass seed if you will place you order with them well in advance of your planned seeding date. The Se.xaur Company of Brookings, South Dakota; Miller Seed Company of Lincoln, Nebraska; Sharp Bros. Seed Company of Healy, Kansas; and Peterson Seed Company, Savage Minnesota usually have these seeds on hand. 4.5 Seeding rate and mixture - Our goal to seed approximately 100 live seeds per square foot. One other important item is to order your seed on a Pure Live Seed Basis (PLS). This will help guarantee that you will get 1C0 live seeds planted per square foot. 4.6 Management - All competition (weeds, etc.) should be kept cut as often as needed. Normally the cutting will help weaken the competitive plants and give the newly seeded grasses adequate sunlight and a chance to increase. Supplemental watering can be beneficial during July and August in the establishment period. 4 <i|iir ■ t ^ r ■ • I r r J * .'-I'w ^ I C‘3 C c t) ♦ I.'#r \ \ f\l> V- • !' Z 7^: j 6 li r**r««*-'•' V'«^»i tt lit. ' <■- f -i'-rl'l i' - u ;v-r 'V|i>*':,^ -S^fv iet >.-w4Dli^ v'f•■ m ,.^-Jtr- V:-3! -f- 'r^.: i.j^, 43pi>^. • '■■'v ' *‘"‘ t^. .. ■ ‘v ;* , r3T>rtr*4r ■ ^■“•-.<«!«K *. -* ’ m.1 p a\‘.. ™„.,im w* ^#103;} MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 JOHN BUSSE ' CONCORDIA STREET VARIANCE/CONDITIONAL USE PERMIT - SECOND REVIEW John Busse was not present for this matter and the Planning Commiosion waited until 11:40 P.M. for his presence to act on his request. It was moved by Bellows, seconded by Chairman Kelley, to recommend denial of a conditional use permit and variance to regrade lakeshore yard to create a walk-out basement configuration per staff recommendation. Motion, Ayes 5, Nays 0. #1042 THOMAS J. MAXWELL 3685 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 7:57 - 8:05 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for conditional use permit for guest house use of second existing residence, in conjunction with combination of 2 parcels of + 5 acres each into a single parcel. Mr. Maxwell's aunt, Arlie Thorpe, owns the adjacent property and will deed the property to Maxv;ell in exchange tc'* a life estate. This will allow construction of a new 6 stall barn meeting the 150* setback from all property lines, and allow 7 horses maximum. Jack Ebert was present representing Mr. Maxwell and stated that he had the signed deed in hand. No one was present from the public regarding this ma*-ter and the public hearing was closed. Callahan stated that he was opposed because it was bad zoning & planning to combine the property just for the purpose of allowing 6 horses. Bellows and Goetten agreed with Callahan. Assistant Zoning Administrator Gaffron noted that once the properties were combined they might not be allowed to subdivide again because the properties v/ould be substandard in the required 5 acres zoning area. Taylor stated that the applicant has complied with the Planning Commission's direction at the last meeting. McDonald agreed with Taylor. • • I X minutes of the planning commission meeting held JUNE 16, 1986 11035 ROBERT KOEHNEN CONT. Planning Commission concurred with staff's interpretation. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Goetten, seconded by Chairman Kelley, due to the Planning Commission’s interpretation that this is an alley, not a street, that no variances are required if structure is reduced to no more than 1000 s.f. and maintains the 10' setback from the alley and doors open to the side; and staff be instructed to refund the application fee. Motion, Ayes 7, Nays 0. S1037 JOHN B. BDSSE 1951 CONCORDIA STREET COiroiTIONAi USE PER^aT POBLIC HEARING 8:28-8:40 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for conditional use permit and variance to regrade lakeshore yard to create a walk-out basement configuration. He noted that City Engineer Cook, per his letter, indicated that he felt disruption of the bank could result in a negative impact on Lake Minnetonka and does not recommend approval of the grading plan. John Busse X'/as present for this matter and stated the purpose of creating a walk-out was mainly to finish the basement, provide light, and to try and solve the v;ater problem by means of releasing the hydraulic pressure on the foundation. He submitted a letter from Engineer Mark Gronberg which explained the measures that would be taken in order to prevent erosion into the lake. Kelley stated that he was not in favor of this because of his concern of creating a chain reaction in this type of reauest. Rovegno suggested that this application be table for more review. Goetten agreed with Kelley and Rovegno. Taylor stated that ho felt water damage was a legitimate hardship. No one was present from the public regarding this matter and the public hearing was closed. J minutes of the planning commission meeting held JUNE 16, 1986 ^037 JOHN B. BUSSE CONT. It was moved by Rovegno, seconded by Goetten, to table this matter so that applicant can provide additional hydraulic/hydrologic information for the City Engineer to review, and also review impact on laKe and neighbor's properties, and neighbor's opinions. Motion, Ayes 7, Nays 0. #1038 GORDON N. NELSON 1310 ELMWOOD AVENUE VARIANCE PUBLIC HEARING 8:41 - 8:47 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zonir.o Administer Gaffron explained the hardcover variance request to'construct a detached garage (2.9% increase in hardcover in the 75-250' from 32.9% to 35.8%). Gaffrcn noted that applicant does not exisiting garage and proposes to remove 2 existing storage sheds. He also noted that removal of a 3rd existing shed v;ouId reduce the hardcover to 1.6% increase. He explained the grading v;ork that would be required consisting of approximately 90 cubic yards which does not require a conditional use permit. Gordon Nelson v;as present for this matter and stated that he will remove the 3rd shed also (resulting in a 1.6% hardcover increase in the 75-250' - total 34.5%). Goetten stated that she felt there v;as a real hardship involved with the severe slopes of property. No one was present from the public regarding this matter and the public hearing was closed. It v?as moved by Goetten, seconded by Kelley, to recommend approval of the variance, subject to staff's hardship findings and conditions and subject to removal of 3ll 3 sheds and no additional hardcover will be allowed. Motion, Ayes 7, Nays 0. [tVi&liili] ■ ■ ii 4«14l][ilVlVi reTMTitTa*Ttl I5MS l•T•i4C?T• CTiCsT# rtn^ •T«Ysl MfUl Mtr* rtiT; MR Riin Zoning File #1224 November 12, 19c Page 2 of 2 In fact, the applicant advises that the majority units will be provided at a future site in Delano, boats cannot be transported via the public roads storage immediatly off the lake. Applicant should plans for storage of these larger boats. Planniag review .. anber of boats currently stored on lan l at determine if there is a need to reduce further the because of the sr.orage of these larger beats. of v/inter boat storage These specfic larger and will be limited to advJ se of the long term Comnission may wish to the Orono facility and number of boats stored The B-2 code provides no specific direction regarding boat Ixfts and yet these structures are an integal part of a marina and boat yard. Review exhibit I, the plan shows a lakenhore extension of 8 feet of the current ramp structure. The boat well has been expanded 3 feet and a steel sheet will be installed around peremeter of the boat well. Both DNR and MCWD have issued permits (exhibits F & G) for the alteration. The building inspector has approved the plans as proposed and a permit has been issued to commence installation. In reviewing the dock layout, it would appear that the eniargment of the boat lift will have no effect on current dock structure as expansion is to north - away from docks. Staff Recommendation: To approve the after the fact conditionaJ. use permit/variance application of Minnetonka Boat Works that seeks to enlarge and upgrade the current boat lift at the Orono facility resulting in an increase of 62.5 s.f. over the existing lift structure at 557 s.f. of hardcover fev a total hardcover at 619.5 s.f. based on the following findings. 1. A boat lift has existed on the commercial site for many years and has serviced lue present marina. 2. The current construction will be superior to former structure. 3. A boat lift is an intergal part of the operation of any marina. Approval is subject to the following conditions: 1. Applicant to provide information as to numbers of boats to be stored at Oroi.o facility - wiT1 these larger boats continue to be stored at Orono facility after Delano storage site IS upgraded . 2. Confirmation thac present dock layout will not be altered if so a building permit will be requested for such alteration. . b . > Date Rec * d jr Fee VuV'Li,'_ _ _ __ Receipt Jl. GENERAL LAND USB APP Initials 7 J TION PROPERTY LOCATION j c A Site Address 1449 Shoreline Drive Property Identi'ication Number (P.I.D.) 11-117-23-220008 Please check one, - Is the property >C abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. APPLICANT Phone {home) 474-7634 Name S. Byron Heimark Phone (work) 473-7305 Address 55 West Point Dri^c_ _ _ _ _ _ _ City Tonka Day _ Zip 55331 j OWNER (if different than applicant) Name Minnetonka Boa^ Works Phone (home) Phone 473-7305 Address 294 East Grove Lane City Wayzata Zip 55391 Date Property Acquired 8-85 (month/year) I (d^ (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 c) Duplex Credit/Bldg Commercial/Industrial Use____ $250.00 d) $200.00 f) CITY OF DRO}^0 Land Alteration FIRAME OFFICE 0 Oi OE.i 000.00 CHteS TL Grading and filling - 101 cu. ifailfuSn/liksir&iJU Seawall, retaining walls witbihVJ5TvCiLf 109-43 10/23/37lakeshoro PRD/PID - see fee schedule 1 OTHER APPLICATIONS $150.00 Commercial Site Plar Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation Easement Vacation With Subdivision$ 50.00 $250.00 Rezoning $200.00 Arpc.'.ls• » Other - see i.ee schedule PRESENT OSE OP PROPBRTy Present Zoning District Present Use of Property B-2 Marina Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail: Enlarge Travelift Pier REQUIRED SUBMITTALS 1. Completed Application Form. 2. 3. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 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 appli' .nt 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 Itnowledge. Applicant's signature i Date /*S - Z3^ g"7 OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. [r-Owner•s signature £A 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 at Lend 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. u Wayzata Afton MINNETONKA BOAT WORKS R O Box 549 294 Epst Grove Lane Wayr^ a Minnesota / 65391 612 / 473-7305 R 0. Box y7 16071 South 31sl Sireet Afion Minnesota / 56Cu1 612 / 436-8827 October 13, 1987 Ms. Jeanne Mabusth City of Orono Box 66 Crystal Bay, Minnesota 55323 Dear Jeanne, We would like a permit to reconfigure our Travelift boat launching pier per the attached drawing. We have purchased and received a new Travelift and would like to proceed with this project at once. It will require widening the current pier by 3 feet and extending it 8 feet. Thank you. Byr^n Heimark President BH/ap Enclosure 1 A D'visnni (ii‘nmar lndiiMrU‘», Inr. 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U > ^ > ^ N ^ ^12 XJ XJ Z m M n < M m Z XJ m 01 2S C/1 fM •-* U TJ 01 01 04 a aa XJ m H. M X >4 < o I m 93 CM XJ m 04 01 r- M rj m z IM H m > o p- o o XJ o 01 XJ OI o OI > 04 a o 0. u 5 -am 01 0* XJ X *• ► 3 XJ )> M XJ < -< m XJ > 01 XJ M <m XJ 01 O 04 ►- 01 • > <> ►- I ut P^ ^ HJ I CM 04 fM M 3 Mzm o a o XJ o o* X m 3 5g m • TJ M 04 04 OI 4> O Ci )) • ^ % 3 1 ,1 »:BsIi fiWTil [•Mira •IsIMtl •IMtl! «A-0?733-0l # Deoartmenl of PROTECTED W.ATERS ^‘J\ PERMIT,\ ' NW - 31987D»vis»on of tt afer'. m Y? !:vt : . INNESOTA Naiu'ai Resources Pursuant to Minnesota Statutes. Chapter 105, and on the permit application, letters, naps and plans subaitted by the are aade a part hereof by reference, PLRKISSIOH IS HEREBY GRAfilED to Yhe applicant naae? below to change the course, current, or cross section of the Following: _ _ _ _ _ _ _ _ _ _ P.A. Nuaber 88-6127 1\\:of sLAterents and.ii>^c applicant and ethers supper rnaticn contained in tn? tirg data, all :f .inich Protected Water Lake Minnetonka (27-133) Brown's Bay #28 Naae of Applicant Minnetonka Boat Works, Attn; Byron Heimark County Hennepin lelephone Nuaber (include Area Code) (612) 473-7305 Address (No. C Street, RED, Box No., City, State, Zip Code) P.O. Box 549., W’ayzata, MN. 55391 Autho**ized to: replace an existing boat lift with a larger unit. Modify an existing pier that when completed will have overall dimensicis of 30-feet wide by 50-ieet long, and to maintain a marina facility with 66 "watercraft availability units" as approved by the Lake Minnetonka Conservation District on January 28, 1987. Purpose of Periit: Structural encroachment - Marina/Pler improvement Expiration Date of Periit June 30. 3988 _______ Property Described as: NWJ|, Section 11, Township 117 North, Range 23 West County Hennepin As Indicated: (6) does not apply As Indicated. (11) ordinary High water level elevation 929.4, (NGVD, 1929) This peroit is granted subject to the follouing GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This perii^ 's pereissive only and shall not release the permittee fro® any liability or otligaticn iifocsed by Hinnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to al. conditions and lieitations now or hereafter imposed by law. 2. Th*.s permit is not assignable except with the written consent of the Cortissiontr of Natural Resources. 3. The Regional Hydrologist shall be notifies at least five days in advance of the conocncecent of t^>e -erk authorized hereunder and shall be notified of ifs completion within five days thereafter. The notice of permit iss-e: by the CoBoissioncr shall be kept securely posted in a conspicuous place at the site of operations. A. No change shall be made, without written permission previously ettained from the Commissioner of Natural resources, in the dimensions, capacity or location of any items of work authorized hereunder. 5. Tie permittee shall grant access to the site at all reasonable tines cjring and after coMStruction to authorized representatives of the Cnmmissioner of Natural Resources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Natural Resources at any time he deems it necessary for the conservation of water resources of the state, or in the 'merest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. 7. Construction work authorized under this permit shall be completed on or before date specified above. Uron written request to th' Commissioner by the Permittee, stating the reason therefore, an extension of time ray be obtained. b. Ihe excavation o^ soil authorized herein shall not be construed to include the removal of organic matter (as indicated above; unless the area from which such organic matter is removed, :s impervious, cr :$ sealed by the application of bentonite after excavation. 9. In all cases where the doing by the permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned land- or Improvements thereon or interests therein, the permittee, before proceeding therewith, shall cotain tte written consent of ail persons, agencies, or authorities concerned, and shall acQuire al i oreperty, rights and interests necessary therefore. n«BiHiT«1iHn] I I KliltWiiUU rum^mrnl mm ‘JPH m iwmmmM ff-i s’SX 1? Vr- 1f^. w ■i^fc ^ i" 8^5 . :|j| mwi». F'> • Lic:ni*rv. Bi^fW&! iPr. ;_. '■' .' ‘ a' ; V.> t s^Wi :v'--fm^mm i*^‘Vy 'j-'i *■ If • * %i^ir ft HKCT Slb^^ ’' li . mM #.-'!«'»p<'?r'3lH slre^tKlcxj&HQy sSa^ra^ :.^' . .T. ^*** ~‘* ^•~' > *■■■•-■■■^--i** /%vAi mr\i mt Annif* N0Wf q#gn V r tranr»efir\g|«f•' ■-^ -> . .^ 5K.i»i rV- ‘41 9 '- 'w'l LOW mount engtri^nif slingA to 9‘^r. :^ power adfua^lj^ y-.U ^..^-• - ^ mm m m m iBRinERSvn^ ®Pt--: ^^TR^NTE K You Get Features Never Before Available In A Hoist So Affordably Priced HEAVY DUTY CONSTRUCTION . Mam frame ts high strength, low alloy steel. Hydraulic tubing is stainless steeL Pivot trunnion permits side frames to rotate over uneven yard terrain . . . neutralizes structural stress under load FRONT BEAM POSITIONED FORWARD of the front wheel centerline . . . provides added clearance tor bow rigging and foredeck structures — permits exact positioning of front sling to achieve maximum load balance FORWARD SET OF SLINGS ARE POWER ADJUSTABLE from the operator ’s compartment. Forv/ard sling s adjusted aft of the front beam for better versatility in handling various types of boat hulls and helps to move the spar and rigging back from cross beam. FOUR HOIST WINCH DESIGN . More than double the hoist speed of previous comparable models at the same horsepower! Precision, independent hoist control at all four corners permits rolling the boat as well as tilting fore and aft . . . all at the operator s fingertips STRONG. LONG LASTING NYLON SLINGS feature "quick- disconnect" and have an alternate shortening eye feature to permit fast shortening up to accommodate hull shape variations. DIRECT CONNECTION OF SLINGS TO SLING BLOCKS with mechanical anti-block system built-in . greater usable lifting heights Diameter of roller bearing mounted sheaves is a minimum of 18 times the wire rope diameter . provides smoother hoisting action and longer rope life. TILLER STEERING CONTROL provides 90 ” pivot steering on the drive wheels. Fast, travel speed drive STANDARD BRAKE SYSTEM. Free wheeling drive system. Coast in neutral . . . operator reverses drive con'rol to decelerate. Spring applied hydraulic release parking brake holds machine stationary while parked or picking up a boa». OPTIONAL EQUIPMENT AVAILABLE includes weight indicator with full time readout, power jib crane, sling chine and wear pads, spreaders, motion control brake vaNe. fully enclosed dual parking.'service brakes. OPTIONAL DU aL PARKING/SERVICE BRAKE SYSTEM. 1 his brake system u more like a conventional brake system on a truck or cai where operator controls the stopping or service brake with a treadle to decelerate and has a spring arched parking brake to holo machine s'afionary 1 CH 4 Ir ir . « ly-O MA* ........ ...........6iei«rrrr 9 Q -2.ir.rr -* rtS" -f-r- - tu. !NQ I oc uNes ’•0 4S7 2 mm ^2C 304 t mm , /A_________ 1* r h S?9i 2 l»Nt QAUGt PANEl ____i.- 1^ 4S?;'mm ^ f • U.5. MEASMRE METRIC 22.680kg 4 9mpm 66mpm b V9mpm 8< 18 4kg SPECIFICATIONS Rated lifting capacity ...........................50.000 Ibii Hoisting speed (no load).....................f p m (rated load)..................12 f p m Travel speed (low range).....................180 f p m Shipping wt (approximate)............ 19.000 lbs Engine make and model (gasoline) Conti 'lental TM 2 7 ( 64 cu in.) Horsepower .........................................55HP(a't 2000RPM Optional diesel engine ......................Continental TMD 2 7 Cooling...........................*.......................I. iguicl Nylon siing^h standard ...........................^ 16 wide? 26 long with center discor.icct. Spreader bars available. Third simg also available Cable S.ze ..............................................' 16 ■ IWRC 4 Part/Corner -- 16 total parts Cable need for V drop.........................16 tt Depth of cable below grade (stanoard)........................................6*0 “ (optional) ....................................20'0" 6096mm Marine Travelift Boat Handling Specialists 49 Fast Yrw St f (>?ni 4H/i4 .♦urcjeon B.iy • 4t4-/4:i 6202 • Telt-x tRAVtUkT StCiB 2 Tires aircraft type (recapped with lug type tread) 15 50 x 20 Tire pressure ........................................... 8S;*SI Turning radius at 90® — Inside .................................................6 Outside .............................................28 Gradeabiiitv 6 * GradnabMi! .lown is for concrete or asphalt For other surf.ices deduct as lollovws:. 'rd packed ground or gravel . 2V Loosegiavel 2 to 7%. Mud 2 to 13%. Soft sand 4 to 13% NOTES STANDARD EQUIPMENT includes fuel tuuk. sl.ngs hoin. hand throttle, travel warning alarm, spring applied parking hrako^ Instruments included arc ignition switch, water tompera.uro and oil pressure gauges, tuei gauge, choke, ammeter and hour cotur, simg adjustment on closed end. OPTIONAL EQUIPMENT AVAILABLE includes full time leadout and weight rndicator p^wer jib crane, slmg c hinc -.nd wear pads, spreaders motion control brake valve, lu”y enclosed dual parkmg servite brakes Mai'.oe Travelitt service engineer supervises in the assembly ol units and II, -tructs purchaser ’s personnel m the operation and m.m.tenance of the t nat hoist in the 48 contiguous slates and Canada Specification* *re *ubj*cl to change wiinout notice mfiRinE trrveuft inc. 3 Print*’-:! in U'tA TO:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Asst Planning & Zoning Administrator DATE November 12, 1987 SUBJECT: #1225 vTames H. Gilbert, 955 Tonkawa Road - Variance Public Hearing Zoning District: LR-IB 1 acre sewered Application - Average setback variance and hardcover variance to corz-truct a new deck on the lakeshore side of the home. List of Exhibits: Exhibit A Exhibit B Exhibit C Exhibit D ExhibitE Exhibit F Exhibit G Exhibit H Application Plat Map Property Owners List Survey Survey with Staff Notations Regarding Hardcover and Average Lakeshore Setback Hardcover Calculations by Applicant Hardcover Calculations by Staff Design Plan * 23.7% not including existing deck PERTINENT FACTS: Hardcover -Existing in 0-75 foot zone = -Proposed 0-75 = 0 -Existing in the 75-250 foot = ~26.8% with proposed deck -27.5% if patio is added -27.9% if gazabo is added Average lakeshore setback - The majority of the existing house sets lakeward of the average lakeshore setback line because the house to the north is located approximately 200 feet from the lakeshore. Technically an average lakeshore setback variance requried. Discussion Applicant is proposing to remove his existing deck which extends from the main floor of the residence and replace it with a somewhat larger deck and patio system. The long term plan apparently also includes a gazebo located near the south side lot line. None of the proposed structures are within the 0-75 foot setback zone. Hardcover. Although the property exceeds three acres in area the bulk of the hardcover is within the 75-250 setback zone. In reviewing the existing hardcover there appears to be virtually no existing hardcover to remove as a trade off. All existing hardcover areas are used or have a purpose including a loop driveway necessitated because of the topography and driveway aprons and parking area for an RV. The proposed deck is approximately 1100 square feet in area. The proposed patio adjacent would be approximately 240 square feet in area. The future gazebo has a net square footage of about 120 square feet. Note that 1% hardcover in the 75-250 foot zone on this property is 350 square feet. In relation tc the size and scope of the existing house the deck does not appear excessive in area. Average Setback. As you can see from Exhibit E, virtually the entire proposed deck is within the average lakeshore setback zone. The existing tonography, the layout of the neighboring houses and existing vegetation in screening all suggest that the proposed deck and patio will not be within the visibility of either neighboring property and will not encroach on any existing view of the lake. The proposed future gazebo would h«ve a vertical character which would likely make it visible from the property to the south, but would not appear to encroach on any lakeshore viev/s enjoyed by that property. Staff would note for the record that if a variance is granted to allow the gazebo, that variance is in affect for a one year period only. Hence if construction occurs at a later date a renewal variance application would be required if the gazebo is initially approved. Staff would note that while applicant could reduce the size of the deck in order to meet the 25% hardcover standard the size of such a resultant deck would be relatively small, only about 400 square feet, not in keeping with applicant's intended objectives. Staff Rcconunendation Staff recommends approval of the average lakeshore setback encroachment variance, finding that locations of neighboring houses, the layout of neighboring houses in relation to lake ,iews, tne topography and the existing screening all combine to indicate that there will be no incroachment on actual lake views enjoyed by either neighboring property. Staff would also recommend approval of a variance for hardcover in the 75-250 foot zone, allowing 27.9% hardcover where 25% is normally allowed, finding that there is no extraneous hardcover on the property that can be removed, and finding that the 90 foot setback from the lake to the proposed deck contains virtually no existing hardcover. Staff would further note that if the gazebo structure is constructed, its location must be at least 10 feet from the side property line. In addition, staff notes that on the plan a chain link fence is proposed lakeward of the average lakeshore setback line to enclose the patio and deck and gazebo area. Although the height of this fence is not specified on the plans, that height may not exceed 42 inches above grade and may not continue into the 75 foot lakeshore setback zone, per current zoning code regulations. jm i \ L* V. f ■% 44^ft 1225 Fee Receipt Initials CITY OF 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 Property Identification Number (P.l.D.) _ _ _ _ _ _ _ _ Please checlc one - Is the property _ _ abstract or torrens? Attach legal description to application if n included on required survey. APPLICANT Name Phone (home) _ _ _ Phone (wor)c) ^ Address:qsr fc citvt Zip: OWNER (if different than applicant) Name Phone (home)rrry r-c tionun Phone (work) t a 4xniMii OFFIlE A Mm fCA /\A xJ i* • w Address:City: rum' Ti M 1\J\' • \fS/ ■YOU Date Property Acquired ** r « •(monthyy^tff) t i. ^ r I ROl U0:07 10/23/S7 I (do) (do not) also own the adjacent parcels of land PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ detail: Q-^P\h.Ol _ _ _ _ _ _ __Describe request in J VARIANCES REQUIRED Lot Area Lot VJidth y Hardcover Setbaclc Variances ( X Front Side Rear) Other tHARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: OtfSfe. i‘6 (it> _ _ _ _ _ PfA«CD : / /i>g-ftiofr >>w< fa DESCRIPTION OP UHDCOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: /*>^ j ^«p _ _ _^C-gfvg ^ _ _ _ _ _ _ _ _ _... —— REQUIRED SUBMITTALS *^i7 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. ^5. Certificate of survey including hardcover calculations as required Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the abo’ 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 the information supplied is true and correct to the best of his/her knowledge. ^ Applicant's Signature -1^ / \MJ-^ OMIIBRS SIGNATDRE ^ Date OrJ>^ The owner hereby ackowledges and agrees to this application and rurtner 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 V '/n '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, at 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. I it ^ ) < ‘’3 ill «T ‘/O o «5» gsi C3 3 » ni H> S oo l#« os isii femzS 3 a gSH|oi _ > «>»U1 U 01 * E S a o o Q « »0 M X > 0^ m > X \ -< S35 S ^ 3o•o ga 2 61 2s o a o ^ > > o $ a a o o Q» n Mui m va 70 SG H •- V D O 0» iSi M M M Q 0 0 2 r* r- ^irm ni X :o m M > 3 o f- o o v< r- ^ o C0 o w ^ 30 o o r- ^ r r o w 04 M M O O VI f- f ^ r- 04-4 M M vn o 55 ? i |UCC, H »- M » r- r- ► WO nt m ui g VI OI fM P C »X z o o o n ►- I- 09 > Oou a o •4 3 5mg X X M 01 zm M V) H H M (/) Hm 3 70ms Sio a m • a M <^ 04 So m<ft. j \A HARDCOVER RBGOLATIONS AND NORISHBET 955 Tonkawa RcJ. Long Lake. MN 55356 h WANCg - In 1975, the Orono city Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surfaces ("hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of J w®/ sediments, oils, and debris carried into the lake from hlgh^ly urbanized areas have a detrimental Impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the X&lCG • » B. HARDCOVER SETBACK ZONES - PERCENTAGE ALLOWED 1. 0-75*: in the area within 75* of the lakeshore. Ho Hardcover is allowed ( On ) m ~ II. 75-250*t in the portion of the lot located between 75* and 250* from the lake, 25% of that portion of the lot may be hardcovered. III. 250-500*t in thi portion of the lot located between 250' and 500' feet from the lake 30% of that portion of the lot may bo hardcovered. IV. 500-1,000*1 in the portion of the lot located between 500' and 1,000' feet from the lake 35% of that portion of the lot may be hardcovered. NOTE: These regulations apply even if you have a lot that does not abut the lake but is within a lakeshore zoning district. C. Howjro DETERMINE LOT AREA WITHIN EACH.SETBACK ZONE (To be used as denominator in all hardcover percentage calculations) I. 0-75* Zone Area « 7£* x /Average width of lot in 0-75’ zone\ \ measure parallel to shoreline J 75' X Ciy ft. . 1 ¥■fr (Avg width) II. 75-250’ Zone s.f. (1) Area of 0-75' zone Area *» (175'or avg lot depth in zone) x^Avg width of lot in 75-250' zoneX ^ \ measure parallel to shoreline ) 175' X ^10 ft. - x.f. (2) (Avg width) Area of 75-250* zone III. 250-500' Zone Area ■ (250* or avg lot depth in zone) x^Avg width of lot in 250-500' zone 250* X 210 measure parallel to shoreline ft. -s.f. (3) (Avg width) IV. 500—1 000' Zone Area of 250-500' zone Area - (ioo* or avg lot depth in zone) x/Avg width of lot in 500-1000' zone\ \ measure parallel to shoreline / 500* X ^1*ft. - (Avg width) ___________s.f. (4) Area of 500-1,000 ’ zone o. BARDCOVER CALCULATION 80MMARY •A.B.c.D.E.p. Lakeshore Setback Zone Lot Area In Zone Existing Hardcover In Zone Existing Hardcover Percentage (B/A)xl00 Pinal Proposed Hardcover In Zone Hardcover Percentage (D/A)xl00 Allowed Hardcover Percentage 0-75*sf sf -o- ^-6# • sf *-e — 1 0 75-250*8#tfoo sf 2>- %Bt 25 250-500*St |0 .soeo „to »30 500-1000*1^0 gf 8 ,St s .35 iRDCOVER LIMITATIONS HARDCOVER INCLUDES: Structures with roofs •> Decks# even if slav.ted ~ Sidewalks ^ Driveways (paved or gravel) *• Decorative landscaping areas underlain by plastic sheeting - Tops of retaining walls# rock walls Any other surface that does not allow direct absorption of rainfall into the ground E. OTHER LAKESnORE REGULATIONS SBC. 10.22# RBGOLATIOBS FOR "LR-lA", "LR-lA-l*# "LR-IB*, “LB-IC* AMD “LR-lC-l* OHB PAHILT LAKB8B0RB RBSIDBBTIAL DISTRICT. Within any "LR-IA*# LR-lA-1*# "LR-IB"# "LR-IC"# or •LR-lC-l" One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building may be located closer to the shoreline than the overage distance from the shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Hard Cover Regulations. within 75 feet of shoreline there shall be no excavating# filling# hard cover# temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hard cover. Within 500 to 1#000 feet of the shoreline there shall be no greater than 35% hard cover. Subd. 3. Tree Removal Rcgjlations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. I i I i o s > H i HI o » w X 1-4 in M o o rt fD H ? a > »ooo » w tr c •□r s< 3 ►! » O Q* <9 9 O *D <t Qi rr M H • CO M. 0i M o 3 <0 ft ft lO rf M» •- D O ?? O X M.o *3 cn •>•a 3 jr o H f>lo <roC ft K H ft IT) ft c « r*oa I M O 3 lOrr :t JO o K N H* 10 ft 3 iO Cft ftr»cr fto jr a ft H Q»oo H M o 3 ft•« O H* H O K* 3 O 3 0 3 ft ft w M a I M O o •I*r4 lA )? t*-»•a ft 3* 0 1 •si tn O o O \ I o NI o o O CO HI CO H| CO HI CO HI CO H i (0 HI CO HI CO Hi CO CO • • HI Ml • • CO H i CB H i CO H| CD H| CO H i CO H| CO H i CO H| CO Hi (0 r*\ % .? 3 M. 3 Q a H Onowocu a D Haoo <o H a X M* CO rr 3 iO -J (-• 3 O 8 = o XT O oo >aaoa 3 ft Ir* M. 3 ft F in a l 1 or*o 1-4 aX CO ft H* ttJ» 5fS3 _«K>o ? 8 tJ >H r owor ft ft 3 H ao 0 0m m J? f r« o o < -aft > H r-*S .F . TO o p o s a l;M «« ft3larr 3*. S .F . TC ’ tc be Ro <y to0 -• 19 ui H| A I ww o tro Hi wo r? O < fta 0^ o »a § o M rr ft 3 a a rr 3* ftno <oa a >aoao ft 3 h : v;*o a ft=r oo N Va ) a M- 3 ft xi> oO 5 s* 8 1 >aa rr H* O 3 ft X tJ Haoo < ft H rr O cro ftaa fta 8 -Io H >a v#l o >cr* (A Ul r% CO H i CO CO HI HI (0 Hi Hi 8 I CO ►<1 rj LT» 0 1 cn O O tn O O f Ooo w X 4A O CO H| CO rr 3 vO H| ft Haoo < ft H O O r*o rr > H ft ft X H* ft 3T M O 3 ft •-ao ft ft a X H* Ul rr 3 iX) aoo < ft H »•« Oo a: > aoo <w 50 O >tr"o G ir^5 M Oz so 50 cn CO UJ geo ftSr O CD ft 3 - X- 3 ■H g»0? ft ^ 01 m; 3) toO) k/AM t ^ aiM J H^ |rvr C-f C <^ c V/x^7.ri •v" ^y. */t-h ‘7 ^ 31 / ,£>r S'Cy' 3 y/o I 5*7 C. ^■?'7 794. 93S 2S" riI • ♦ p/2^ p, 2^ c<=-^- ^'3 Cl:) (£> (^(D O V* Crvof^•' t t 3 <^'''*■' '-■*/? "O i^l)( <;^r.>4rv^t K.1 Z.O ? '/^ ^.2- Dt*'’ ivy vji. * //oo?^ 24 1/d.e /O >'-i-'-f I'-Io /^x75- roo l..t *' ^ 1 3) c\-x /XD €>t0 c?D -7 •- "Lz 1 © {^7 >'/CG> (p x-^jV (V^ ’')/n (Si (3 GD cD (£: O (^ (3 r/.&> pA'nOCt(*'CAl'^') \2. *-l^-f(l<^yl^ '('z 7 rC<-> «.' «^0 Kjr-^ £JT ___in ^-»>i-» ^..r • ' I 2'v^ v; u mm CITYofORONO I'ont Office lk>x 6fi*Crynlal Bay, Minnesota 5532.'J» Municipal Offices On the North Shore of Lake Minnetonka September 15» 1987 James & Mary Gilbert 955 Tonkawa Road Long Lake, MN 55356 Dear Mr. 6 Mrs. Gilbert: The Building & Zoning Department is in receipt of your application for a building permit, which was received by this office on August 31, 1987. A review of the application finds that the following information needed for review is missing: 1. Updated, accurate, legible Certificate of Survey showing all portions of existing house, all hardcover, and the locations of neighboring residences to the north and south. A site inspection on September 14, 1987 indicated that the proposed deck may encroach into the average lakeshore setback - see Zoning Code Section 10.22, Subdivision 1 (as amended) attached. If so, a variance Vfould be necessary in order to construct the deck. Please submit the required survey noted above so that the necessity of a variance application can be verified. Review of your building permit application will not continue until the survey is submitted. Please contact me or Jeanne Mabusth of the Building fi Zoning Department at 473-7357 to discuss this further. i Michael P. Gaffron, Asst Planning 6 Zoning Administrator MPG/tln Enclosure Bl'U.DINCA ZONINU - 47J-7557 ASM SSIN<; APMIMSTRATION k FINAN( I- - 47J-7358 PUBLIC WORKS - 473-7359 Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson PROM:Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE:November 3, 1987 SUBJECT: #1226 Winton Wold/R.H. Laughlin, "4650" North Shore Drive - - Variance - Public Hearing APPLICATION:Lot area variance to construct a residence on Tract B of RLS 1036. LIST OF EXHIBITS: A ** Application B - Plat Map C - Property Owners List D - Copy of RLS No.1036 E - Topographical Survey F - Hardcover Proposal G - Letter From Owner Stating No Additional Land Is Available H - Planning Commission Minutes 9-28-61 I - Neighboring Developed Lot Sizes J - List of LR-IB Lot Area Variances PERTINENT FACTS: - Lot Area: Required » 1,0 acre; Existing = 0.77 acre. - Underlying plat of Tonkaview Gardens was platted July 21, 1921 prior to zoning codes in Orono. Lot sizes ranged from 0.22 to 0.70 acre. - This area was first zoned for 1 acre/140' width building lots on 10- 12-59. - In 1961, Planning Commission approved a replat of this and granted variances to the same lot area and width standards as currently exist (See 9-28-61 Planning Commission minutes), with replatted lot sizes ranging from 0.53 to 0.98 acre. Lot area variances were allowed on the basis that the replat created better lots considering the topography. - The property is served by and has been assessed for municipal sewer. Water will be by private well. - Lot sizes within the surrounding neighborhood are shown in Exhibit I. ITEMS FOR DISCUSSION: 1. No additional land available. Applicant Wold is purchasing this lot from owner Laughlin. Laughlin notes in the attached letter (Exhibit G) that no additional land is intended to be sold. This lot is owned by Laughlin in common with 3 other properties, one of which contains his existing residence. See Exhibit D. Laughlin owns Tracts A thru D. Because the property is already platted. Tract B should be reviewed on its own merits for purposes of this variance review. 2. Access. Tract B has legal access to Co. Rd. 19. However, because of the steep topography with a relatively flat area further back on the lot, the likely house site is to the rear and uphill. i zoning Pil® “226^ ane Proposing io access .aci -na C v. afrZrrsrfne%^1af^ cfnlia^rr'^" '^•^^.Va'tlso abut Tract A but rs n° planning Cononission c woula ais number of points i « ^,.4- a is vacant. This brings up . „p„av to Tonkaview. ^rac. A i ^j^^t .) Tract D alreaay eventual house -o^^Trfta using the ease.enh to serve Tract ca ana C were reguirea to b) l£ all three .’^Jave to'be brought up t° ® '’t j, diameter tffia-«i^^ ?bri;f!iK?litV o£ Tracts B ana C. ^ir ?hesf«e pre-plattea lots. ^ sv ’ Ana? ?hese are pri-plattea lots. ^ , <5 nnlv two houses» on _v.aT-p»d driveway? thee) If the easeme^ serves °^J„^ially | appropriate, however, fofe i‘as‘'ro^5n^a;a^for^/^^^^^^^^^^^^^^ be wiaer than 0 • the cut into th au^ ^ location ana sight ^dls^t^^crri^n\t^°a concern. l.b is e) The 20' easement wouia seem to^bej^^ ^“^'aVTea^srbe"split 10' o^^ tttour properties! . Lot size is consistent variances aaighborhooa.^^riance is con^^^^ the LB-IB zone genera, y. previously approvea in private access easement 3 conaition this approval on creation of ^ line between Jr« lb- ir«iath, to be l°oete^^J „^nt wouia contain a J createa, that Tracts ® eef.'^o'; to be aeterminea by tn 19 at a locatio ,„oHea for. __ _^^iniy access permit is ^Ue^ -. tith “buiiatnrper"it."" " te paia wifi buiiaing . a sewer unit trunk charge4. Standard $225. permit. « L. '//' "Irr 1 r/^K uauo ucc u Fee Receipt Initials CITY OF ORONO - VARIANCE APPLICJ^TIOH 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 'S c Site Address ^l5 /03^^\ g.ACT R Property Identification Number (P.I.D.) 0 7 1/7^3 3 1>A OO XS" Please check one - Is the property X abstract or ORQvn rrx'/.ijrr nrerreuf t iuCAttach legal description to application if not included on reaui’r<ft^’’^rv^^ vv APPLICANT Name \/\l , js^tv cJ Phone (home ) QJlQ 00 t. u ^ f Address: \ 5 H55 Co Ro 3 V YOU Phone (work) 7i0‘4i> , 10/23/S7 City;/nAPui Zip: OWNER (if different than applicant) ^ • Name |<L H L A u GHL i ____ Phone (home) ^'1/3 7 - 3 Phone (work) Address: City: fV\oo.NjC^______Zip: SSZ^H Date Property Acquired SM _ _ _ _ _ _ _ _ (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT OSE OF PROPERTY Present Zoning District Present Use of Property Sj f\L /v-.\ V Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: VARIANCES REQUIRED Lot Area Setback Variances ( Lot Width Front Hardcover Side Rear) Other r HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: TO 6_ _ _ _ _ _ _ o nj _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP DNDSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: ACrul O^g.3_ _ _ _ lvjO~r fA O M r- ^ t2-V:. Cat VI \ g.£.A\ ^aJ 'T' • REt 1. 2. 3. II RED 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. 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. Applicant's Signature Lo fc,.. b Date /o -//'ZZ OWNERS SIGNATURE The owner hereby ac):owledges 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 X 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 ma)ce 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. ■ ! ^ i ?m strict :h Zoning SJ5 n obtain t Center h of the ired. Please ke above plete. ired or and/or ies that his/her further LiltantSr i/estiga- forc the I on the heduled if an irrange- ise the . ! *«• r< C )Ua esii3 Jfi 2 ^ 2 S^ fn ^ c. 2 ^ iSas«.a“ o r 'fl>t9 -4 g a z^ SSsailo 3 **a nl ”iaa as** A 7a aail*l|' 111 as|“ 3jSs SURVEY FOR : WEVER D. WEED #1226 1 1 INCH: 30 FEET SCALE 'it'" K . . & jr D, HARDCOVER CALCOLATIOW 80MMARY A.B.C.D.B.F. Xtakeshore Setback Zone Lot Area In Zone Existing Hardcover In Zone Existing Hardcover Percentage (B/A)xlOO Pinal Proposed Hardcover In Zone Hardcover Percentage (D/A)xlOO Allowed Hardcover Percentage 0-75 75-250' 250-500' ,sf sf 500-1000'S’SS'IO., c> sf of sf (3 f r HARDCOVER LIMITATIONS LHARO(»C0VER INCLUDES: - Structures with roofs - Decks, even if slatted - Sidewalks - Driveways (paved or gravel) - Decorative landscaping areas underlain by plastic sheeting - Tops of retaining walls, rock walls - Any other surface that does not allow direct absorption of rainfall into the ground B. OTHER LARESHORB REGULATIONS SBC. 10.22, BBCDLATZOES FOR *LR-1A*, *LR-lA-l", "LR-IB*, *LR-1C* AED *LR-1C-1* OR FAAILT LAKBSBOU U8IDBETZAL DISTRICT. Within any "LR-IA", LR-lA-1”, "LR-lB*, ‘LR-IC*, or "LR-lC-1" One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Hard Cover Regulations. Within 75 feet of shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hard cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35% hard cover. Subd. 3. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. gx«. ^10r22-87 To: The Village of Orono From: Richard A. Laughlin Wiliam G. Laughlin John E. Laughlin r ^hla letter is to notify the Village of Orono The purpose of this leut j -11 nnt- «?ell any assitional portion o that the undersigned will not sel Y land, known as lots A,C, andD to the v,e have agreed to allow a easement for the purpose of a driveway access to lots BS.C. The discription of such easement is outline in Mr application to the Village of Orono. Yours Truly 10.-22-87 To; The Village of Orono From; Richard A. Laughlin V^illaro G* Laughlin John E. Laughlin f this letter is to notify the Village of Orono The purpose of this let . •11 no;- sell any assitional portion ofthat the undersigned will not sel Y land, known as lots A,C, andD to the have agreed to allow a ease.ent for the purpose of a driveway access to lots BS.C. .he discription o, such ease.ent is outline in Mr. Wolds application to the Village of Orono. Yours Truly vV i r‘T^ —1------------- n exu-H <»!>■ c > ! O O 13 KI3Tira OP niE PLAintllM COl'DlinSIOH vurjkOF. 0? oKona.sfn.zo.i^ti Procinti D.J.Ru-Jcflll,Ch.,L.C.Drivl(laon,\:n,A.Curry,M.U.Wolfo, R.L.Caaploo.n.H.Coition# Wa.T.lilllo or.tl S.P.Eolt. Th® rtttor cf a rcpl'icczont for o::»r^rj#bor Vlfirvry uao Socuoood.SlncS C'^ccicpi.lcol roprocrntatlcu ^ It «aa •U'n:;oolo4 thot tUo ncuchoc;n frca Hr. Klnc-“=n'o locality, lao Ccn_ilojlon will tmo the cattop und«r further cd7lccn;nt* ina cc-Utoo.cafla up cf Davldcon tnd yoirc.vlo-tlnT tbo pTop- •rty cf A.O.nouoain (Lota 6-7-0-9.Dli:.U Cvykal Day View) rocc-.r.rnc'.'jO o cr.r.lt-1 cf feur (H) bullotn., rltoo. 7ho ro-ccz^ondatloii woo ccccptou.trritntlvcly, uUa Uia cdvlca that core dotal lot! plcno ba c-.;’culttcU,citnaclclly tj to LIOCIIO cf CCC030 to lOtO 0 Olid Pi.iuoqt cf RC-CP n.nrcoth for rocc- :;5ndatlcao concornlns l"].lli^l5-16-17.Ccc.?.V 117» n 23,v-\3 cUccuacod. fillla no7cC,Curry cooendod,that ono (1) bulldlnj pon.:lt bo roccccon- <fod« Kotlcn carried. t;:o Lefa iliiiliililfIcud ucc-o In vlcti cf tho ununucl top^r;rci hy.Davldcoa covod, \*olfo cocendod,adoption of tho cor^lt-oo*u report. Carried, Tho rittor of o.rincr,5 P^^rU wco dlccu':r:od end L,C.Darldcon rovlcvod tho poot Qctioiia of tho Ferb Ccr-o-cclon# \--,T.i:nio \:33 coliod for a report on cc-;r:.o r-''^-^lc5io, Ho cut- ll*:od tho prcpccal to Join with llouTid end olco r>pcrtod tho rrcalta cf hlo cilccujolcnB ulth Lor.'i Loho, It wna tcroca a cc cf tho riarr.lr.3 Ccr-,^lc3lc.i etto::/*. tho n--.~t tooting cf tho Una UUo Council,Oct,3rd,to dlncuco tl.3 i-ottcr. Thoro bolra ^lO furthor buclnaoo, tho r.ootlra '*^3 cdjouraod# to o I» O > {) c , <>■ iV f r. '•Jv ^ij‘ * T>t? ^ n « 11 » •r> *. ' H' 11 * ^ i I'.r> .y 1r <f I i! 11 ' Tn MNN^TR IOTA ' • I • ^ I ■ ■Jf7r/*Or OHONO ^3 “ ^O 2 o -•z 5 ?»' 2 <2 "s ? * s-p o o ^ «& ’ j O' o -H D ^ < ^ o Oo m'S Sl -^n imfy TO;Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson PROM; Michael P. Gaffron, Asst Planning & Zoning Administrator DATE November 13, 1987 SUBJECT: #1227 Patrick J. Middleton, 72Cf Tonkawa Road - Variance - Public Hearing Zoning District - LR-IB 1 Acre Sewered Application - Request for hardcover variance to construct a garage on the property (no garage exists currently). List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Application Plat Map Property Owners List Survey Survey with Staff Notations Regarding Hardcover Applicant's Hardcover Calculations General Construction Plans for Garage Pertinent Facts 1. Applicant is requesting hardcover variances in order to construct a garage near the road, since this property contains no garage at this time. The house sits at a much lower elevation than the road, hence the garage will necessarily be detached and near the road. 2. Hardcover.0-75 setback zone existing hardcover «= 105 sq ft or 2.8% per applicant's calculation no change is proposed. 75-250'; per applicants calculations existing hardcover percentage is 55.5%. He proposes to remove large portions of the existing blacktop in the area near the road. The replacement blacktop is proposed to be less extensive and no backup apron is proposed, resulting in a net hardcover reduction in the 75-250' zone from 55.5% to 50.4%. 3. Setback. The proposed garage will meet the required side setback from the north property line and is intended to be located 35 feet from the right-of-way line, hence no variances for setback are requested. Mifsl RirainHfW ^•l*] r«ni9 r«ni9 psT«r«Mils »nr«j f • . W4 ^ W A %« •> W ^ Fee_ _ _ _ _ _ _ _ 1 O 9 7ir J /O 6 ^!.?..?-'1 CITY 6t ORONO - VARIAMCB APPLICATION Ini ial 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 '" j Site Address ~7g>0 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ | Property Identification Number (P.I.D.) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Please checlc one - Is the property _ _ abstract or _ _ _ torrens? Attach legal description to application if not included on required survey. APPLICANT Phone (home) Name CT Phone (work) ^ Address: Xf X^oi^A City: _ Zip: ^ _ _ _ _ _ _ _ _ _ _ _ __ _ ___ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _L- - -- -- - - - - - - - -- -- - - - - - - - - - OWNER (if different than applicant) Phone (home)_ _ _ _ _ _ _ _ _ _ _ Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone (work)_ _ _ _ _ _ _ _ _ _ __ Address: City: _ _Zip:_ _ _ _ _ __' rr“v -r ~r>r,vrtU l I I l-*» UMC'ITU Date Property Acquired_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(month/year^Vr£ CF!^ICE 1 V V V TTI (do) (do not) also own the adjacent parcels of land. ,g-r, m _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _—_ _ _ _ _ _ _ _ _— — rucrti' TiPRESENT USE OF PROPERTY RECEIPT-iHAm YOU Present Zoning District_____________________________ ^033130 COOl 301 716:13 ---------------- 10/^‘3/37 Present Use of Property __________A.__________________(Residentiaj^ _ _ _ _ _ _ _ Other (specify) _ _ _ _ _ _ _ _ _ _»___ DESCRIPTION OP REQUEST Estimated Construction Cost $ ^ COO i t Describe request in detailh/l/_ _ _ •iMi 0mm 0m» 0^ ms IMS iw* 00 00^ 00 00 00 m^m 00 00 m 00 00 0m 0m 00 ^0 0m 00 mmm 00 «»• m^m ^0 ^0 VARIANCES REQUIRED j > ! Lot Area Lot V/idth V Hardcover I ^ jj t- Setback Variances ( Front Side _ _ _ Rear) wm^0m0000mmmmmtmtm mm00mm0m00m^^^m0 Other__________________________ ‘ HARDSHIP ...Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: _ _ _ _ _ _ _ ■^ij /i g". c<y>v^r./^ Af ^ /s//r/r A-r c/-r t / _ _ _ _ _ _ __ • _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _—_ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ — DESCRIPTION OP ONDSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: /.<j7^ /^AS y<l/uT 0/^ _ _ _ _ _ _ REQniREIi SOBMITTALS 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 l.-it with no return address. 4. 5. Certificate of survey including hardcover calculations as required. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. 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. Applicant'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 & Zoning Office of this change prior to the meeting. tl I 1 /Z' . . U-^ 1 o ^p1 an /4*f I O O » M ^ ^ fT1 *5ia m 01 H ^ m M ^53 35 h rn n M X o -a Q > CD M 2 H m X j> n S 3 -ii>-< o nX m i Xi XI X o rj o Q o 4> UJ 9 ^ m m fM -4 X X ^ O H H !Sl Ho H >r* XI5 Cm o o o o o X I > m M (* t. H- o O IM -< -<n n ■H m m o ig? > N N C M M $ O O O VA O X N| rs> o ui 1 •H H- Q ^ I Xa rvj wvn U4 1/1 I KM 73 ^ O O O r- -M O r> :r o r- O > t: ^ •O T3 U (. 0* X 7^ S O 04 O X f\J o o ui m > 3^ 5Ha wn X 04 ui a u r- m 3 H 3§ a r- m m H I? -4 O >4I gw > M XI o o o o r\> •> II S X g o - ^ 3X > 3: 29> X 2 o X >-4 m Tj X i§ i -0 TJ m > Xs -< >> m X a O X > o 3 "0 m -□ m > xj N -< y> > m z a X X > a S oo S*a 3 X3 X X X 3 X3 73 m 3 M H TJ 04 m I- rv/ 3 X ^ 13 w U1 o VI m m 3m M X (/) X 13o > 2 m Som Tl H o 04 m o 033 <3^u />r- VI o m VI I rj 04 Cl 2 O M •- tn -4 »- XJ O > m o >Tl 73 3 0 0 M O O 04 04 2 2 ►-m m > >33 M M 01 VI mo M S: 3 ^ 73x> n rj O X O 01 X3 X > «• s o o » ^ o 7> Q O 01 0. I X X > X 3 X* o 2 04 M > X XIn f- q a X v/1 -4 *— O VI Eiir'/ a X > u r- 04 > XJ o o o o ^1^ » rtf i l§ X • •a H <T^ U X 4> O IMUi r 4» THIS ITEM HAS BEEH micrqfiimed Hr k'. i ^ , X Certi ! v'.:' for I'r'..‘‘(,* V.’. K-..rC; ilur. ,ct 9, "?'. r-cr.';> i'oinl, l irct LlvJsicr." !;'-‘;.r.c-r>in C'.ui.ty, llir.r.-t-ct -/.AKC /'V THA , \ ; .••••; • ’ .• I hijr'bv r.'rti'V ^.h t tM.' 1; a !"; • ai J cnrr r-^ r.’ >rvr » r.V-ti .. i r. ^ ' !!.•;?• ^.••.v ;:'.loriy o: fiirv-.y of • ;r. of th-t f\rt of ,ol 9, D5 i;:! cr.”, lylr.,' f, v" r*• c'f f • poi nt of ^ 1 • L r.o d # •:VT! ;fr')r. cirt'i . * •■’i ’ * • -! (-C*4* «4 • • 4 lot,Ir u yOl r.t c Ti tv -Zo\: ! ort"-.1 »• r t ••i-?.y fr*.r •» • 4*f-.c. cuj-.t •rly I ine ^ «? *•t ;lot, •ixii f 4 ' • •->ui 1 .11 n-'r Vr.::rocr. : t in *a ^^’;o • Id t:vrno - on Ih o *orthi; :*on:t*.-'.r-rt n d lf;o -r.d Its tv* « •* V • ‘ 0? ;T:?id 4 ^ 4 ▲ • t’-.o lort);- ro ctiiir..', t.vti th'; Icc ilicr. i>f *11 Jo.’o r.ot -.:r .orl Ic ov of- :• i'.:rovo- r.’jr;t- or yrcro r:.;r.. nt r. Ccal Int'’ o ii - / n Ii. f . 4. *• • • Ircr. -.^j Oi:v^o: C'-'‘fi:; K‘.‘ r il-ir.icr G()i4 / r. r* • ^ ‘O w • j| ! ! mis ITESI UK IKStmcnonitiBi Cc'»lr‘ Iri V- 1'* = /,C . •••• ^ • Ircr. •AJ^'-or r. .• 1 Ala flkAlk.A^ir 0. f*>»nrnvBR CAT-CtTIATIOW SDMMA^.A. B-P.LakeshoreSetbackZone Lot Area in Zone Existing Bardcov In Zone ExistingHardcover AllowedFinalProposed Hardcover Hardcover Percentage In ZoneHardcover Percentage (d/a 1x100 Percentage(B/A)xl00 tD/Ajxxuw et ot -?■ yp-' ££f±»t jUMi-ot . £y.Sl-« _ _ _ _ _,f _ _ _ _ _.St - - - - - -* - - - - - -4. a sf <;v.V .% u 25 _____% %30 % %35 % hardcover limitations hardcover includes* - Structures with roofs •• Decks# oven if slatted - Sidewalks - Driveways (paved or gravel) „n>»Ariain by - Decorative landscaping areas underlain by plastic sheeting . ?opa of retaining walls, rock - Any other surface that does not allow direct absorption of rainfall into the ground E. OTHER lake shore REGULATIONSTHBK -- - - - - -- SBC 10 22, BBGOLATIOHS FOR -LP-1A°, S^ia-^^LR-IA-'-^ -LR-^B", ‘LR-IC", or Subd. 1. Lakeshore Set Back ‘ • b^Ud^in^ My'^be^'located closer to the bulialngs on aajscent ana nearby ; .rr. suba 2. Lakeshore Kara Covor nagulattons. J]i*„ent'etructorce. :i::r‘." ^rrb\n\°c0 Vo'i;ooo":eb' - ebomune mere abaXL 0. no gre.rer ■ = hard . subd. 3. Tree Removal Recu \ at ior.fi. obtaining with the diameter of six (6) inchoo or ux^rc shall bo remo a permit from the Council. \ •1*0;Planning Commission Chariman Kelley Orono Planning Commission Members City Administrator Bernhardson n FROM: Michael P. Gaffron, Asst Planning & Zoning Administrator DATE November 12, 1987 SUBJECT: #1228 Walter R. Wittmer, 1420 Baldur Park Road - Variance - Public Hearing Zoning District - LR-IC 1/2 Acre Sewered Application - Request for side setback variance and average lakeshore setback variance to construct a second story addition in a side yard and slightly within the 75 foot lakeshore setback zone. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Application Plat Map Property Owners List Survey Survey with Staff Notations Regarding Existing Structure and Hardcover Various Documents from Previous Approvals and Denials Hardcover Calculations PERTINENT FACTS 1. Deck constructed in violation of 1978 variance approval. Variance application #368 approved on May 11, 1978 by the Council was a variance to encroach the 75 foot lakeshore by a small corner of an enclosed porch. Applicant was allowed to rebuild or replace that porch and extend it flush with the east and west sides of the house. The proposed deck running the width of the house and approximately 8 feet in depth towards the lake was not approved, and applicant was to merely replace the existing approximately 6 foot x 7 foot steps on the lakeshore side of the house. Site inspection on November 12, 1987 reveals that the deck exists now just as it was proposed originally by the applicant, in what appears to be a clear and blatant violation of conditions of that original 1978 approval based on information in the City's files. The edge of the house is approximately 75 feet from the lake, the edge of the deck is approximately 66 feet from the lakeshore. 2. The current request is to enclose the second level deck area that was created when the screen porch was rebuilt. This second story deck area as it exists has "wing walls" extending along both sides for privacy, and these "wing walls" serve to block any views the neighbors might have of this second story deck area, as if there were already st-ucture enclosed and in place. 3. The current proposal does not have an effect of increasing hardcover on the property. Existing hardcover on the property in the 0-75 foot tone consists oetely ^'’f„A“ude°s°\he house!deck. Hardcover of a ‘"/r75 250^‘r^rii^^arf/eTpr^n and a gravel parKln, area. Total 75- - foct hardcover is 50.4%. Discussion - The addition proposed with witMn^2 ^existing bedrooms the objective of increasing the ^?ace currently on the second ^eck^area which will no f'J^^tionusable as a second story decx di „ either side of tnt ae puch. The existing wing mav-u anv view the neighbors enclosure location would servo ^g^»d to encroach to some miaht have of the lake and wo pnioved by the neighboring Sendee on light, air and °PC"/P“”t ^s a result of properties, hence no "c« ja „ote that the ^^a" b Ke^?rcts^le°^riln v?e^“of \- ^^rr VaK^elfal-^of ^"he‘rusfa%^nr^-tcl ?h°ose s^hown on the plan, and thf. existing deck has no railing. Given the existence of a deck that ”hs "ever ..ppr^o^v^e planning ap^a^e^tly bul It without per.its,saff« ^^p.^pHate in frs‘rait"er!° ?he"^fo!!o^ng -^^>0 op'tions to consider: iilo^g°U to %"™ar:tth^noSVrtLTUrn!' cre^L^^ ne;Y^^r;or°e\;\Vark%%%!rc^i-“hUe elst on the property. 3. Approve the add it ion ^subi«:t^ !°f oot°sta i rway as was orig!nal°?rappr°v°d by the City Council in 1978. 4. Approve the _f oc t^var !anc'e' in o^der to ^a?fo^j‘co!isId:raUon“or;e^^ntion of the illegal deck. Staff Recommendation 3iaff teco^aends approv^^l^^of the ^!^;%“n‘^pa‘’c\"?n^‘tre‘Ve?g"hbrhood and no a« ?Lult O^the project. The ^PP!°''staff would allow a 4.2 foot side . .--ea upon removal of the 8 foot recommend that approval he con smaller deck and stair 30 foot deck, ho “i® replac^ wit system not to exceed 6 feet by 9-*' » - 1 0 * > •// -1 g. ^ .5. )) O •» . % %• Fee Receipt W n I.Initials CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address r ^^0 _ _ _Id^U^ J2o/ Property Identification Number (P.I.D.) Please check one - Is the property abstract or torrens? Attach legal description to application if not included on required survey APPLICANT Phone (home) ^111 " Naine ( . "R, < La3 j C tone (work) Address: I H^O RcldlUZ fid City. aJ o^z^T^ Zip:j£V52Z_ OWNER (if different than applicant)Phone (home) Name Phone (work) Address:City:Zip: Date Property Acquired (month/yf$jr?) I OFFICE I I (do) (do not) also own the adjacent parcels of land.01 i.:£,v *r: "t Ma \.'\f —-Tf-— — —fm-T'A PRESENT USB OP PROPERTY Present Zoning District HFiECE iL iu'V'ti'V !iFCEIPT-IHA^K YOU ^0J325O cool OOl Til: 16 10/P6/37 Present Use of Property SiAJ^jle. Residential _ _ _ _ _ Other (specify) _ _ _ _ _ _ _ _ _ _ Estimated Construction Cost $ OOODESCRIPTION OF REQUEST Describe request in detail : *5for<<> de-C-jO. Q K)<i_____x?/U(Zh)Si/L><^ p/CiL g-__________________________________________ VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other CE 50.00 "50700 YOU Hi:] 6 i0/?6/37 “*”®n"cribe undue hardship or practical rnl«ceLnf of sonin,, z--. UfF> f< <» g 1 V . , T. l_ ----------------— ' --------1IL>J2, ---------' ’ ■ ■ —7-T^ ----------------------------u..^ ..'j.'l!---‘:!-I- ----------- ’ cotpliancewiti^^ Code Requirements ------------------------ '—— ----- / 3 ?T*?^p?e“nwUcation Form 348-3271). of the , certificate of survey including hardcover calculatrons ’ • - \ •' w * _________ 5, Plat ——————"““"*"7 4-his aoplioation ;re'7ppl'Ic;;; »S^/"Pt'^L°ap;Ucafion Is not complete if .........—;r.7ir;;;;;.... r.;;-mr.;;;75...... «■«■•■« _______ zoning officiaVs^Signature___________ APPLICANT'S SIGHATOBE g provide all information |®^g^ aj^d/or The applicant hereby .-Orator, agrees to pay ^ifies that knowledge. ^ , .iZtrJ Please the above Applicant's Signature OHNEBS sigmatore --------- Omhe RS SIGNATO^ -Ckowledros and agrees to this aPP^^Vf^ co"n‘*su\“«^^^^^^ sn;.':”.,.......«.... M.it.ia- owner's Signature^.^,7y_^;4;^£--^^!;L-——'———-" days'before th third Monday oi j.^anning Commission ana „3te arrange ■^onU^cant is uLble to attend a Bchnduled ^=ating, ^to _P advise th Lnts to have ?"Building s Zoning Office c. O O » M n n m m ni M _ b -D g >as*-' a > mui Hg ? > •0 a is >(/) z % # a >Jqslm si ^ id■^s 0 m M o %n T.MlAbitw».___^r^^.A^vJlBkarTta sn X a S oou a > rn €> N fNJo zm ia Mz 33O -<aS3 :3?mss0 a M MaiH Ms 0-<01Hm am i Sz a 9ni • a M ^ 4> <^ CMvn o 1 n■ ----------rrwii itni ■-----'*------ -iiiJL A. \ \- __a- \ f.V IR T: (r'j plAI\ t .\ ' ;......... Mil.'" 1 \ i C^uiJc/6 Acnof^ 5'-2-?--7B ■ • aw ^• - 4^ , .AA ••' ««•■• .*-« **L !: CITY of OflSCKO IV! I'*'* 6***!>>*!«* H*V. Minnr*oU .Vk3i.l*Mttninp0l OfficM T»lrphonr 47J 7jb1 Control No, varioncu 368 Mr. Walter Wlttmer 1806 Hubbard Avenue Saint Pau\, Minnesota 55104 __ Conditional Ure Permit __SuLclivision, Prelim, _ subdivision, Pinal Date of Notice 5**^2-78 NOTICE OF CITY COUNCIL ACTION Ro: Walter Wlttmer 1420 Baldur Park Road Date of Meetinait-tay 11, 1978 Votes: _ _ _ For _ _ _Against AbstentIon Action:_ Approval: JUl Approva 1: _ Deferral: _ Referral: _ Denial: As submitted subject to applicable ordinance rcq\iirements Subject to conditions noted Pending receipt of information noted Rc^'icw by others, as noted For reasons noted NOTES & SPECIAL CONDITIONS: Section 34,201 Variance to encroach 75 ft. lakcshoro setback by small corner of rebuilt porch. Rebuild or replace existing porch and extend flush v;i th :^ust and west sides of house. Delete prop*"scd deck but replace steps in same location and extent as cxlotinp. Deadlines:31^Variance approval expires one year after the meeting date Contact building inspector for required permits ... Conditional Use Approval _ ^^JGt bo renewed annually _ Expires on _ _ _ _ _ _ _ _ _ _ _ _ _ _ bo renewed upon change in ownership or use «. Prelim. Svibdiv. approval expires after one year of rutg. dote Contact Zoning Admin, for final plot requirements .Final Subdivision appxoval expires G moa. oftcr meeting date Contact Zoning Admin, for filing requirements and docamontaiproval — Deferred items may be declared formally wlthdravni If applicant failed to provide Inforrratirn within onc month of mtg. date or by date specified by Covicil If you desire certified copies of the of/icial City Council Minutes, r.hcy are available from the Deputy City Clerk upon review and approval by the Council. 1 ■‘3L 4 V . «-. • «i* •^W « »» «» «»->»* l>. • ^ Mvt»- w««»»* •% ^ REGULAR ra.r:TI!iG OP 7HE ORONO COt:’;^ML, ’tAY 11, V^'%P.irir <1 Tf J“* obfi, Hl<l<j« Tfjopt*i;tor , f i»*t! iii-o ?!»•• '•** v-. o following ro'pii»r»t of VAilt -r v;i!!f -r, 1-1.0 *liV;;r P rk Road, ft)r a vai iar;t*'r», d^tod April 4, which Ftatos: Mr. Waller w^ ttn r, 14^0- Ral hjr Park P i«l, i r. ! .• j J’ ing a variance to !ci'.Ovi**l .md .«tM on to hi:* • xiJiHhg home, pai * icnlarly on Iho lako r, i tie in pi •of a former sciroiu;*d poirh. Aliio sh<vwn ir, a l.irgc fl“ck extending far Ur-r tow.ird the lake. VAM ANiT : uni *' ^ : .r : ark P id It 8 ‘ .1 t o r VH 11 .^ler A variance Lo 34.201 is rtoiiirod. One Frail <*or?j»!r of the porch itldition fm.*i o.ifhor; on Iho 75 ft. lake:»horo setback. 'V*ck •‘n»* i <^ar'h"S to within 64 ft. of tho shore and wfll i r. fiont of the adjoining hom.^s.\ The hone is l onvorted t.ninrier rot t.ngo on a SO* X 190* (9500 sq. ft.) lot and is lo.Mtrd 4.? 3 ft. t-ron the west lot line. T)rre is no found it ion under the existing porch and ejuest ionablo foundatif>n under tho reminder. Ro^.orh.* l i ng in excess of 50% of the market value ($14,600 divided by 2 « $7,100) would also require variances to 34.552, lot area and lot width. Planning Commission - April 10, 1978 Work .Suasion Planning Commission expressed oppreval of addition but not deck as it extends too far into lakeshorc setback zone. Also expressed approval of repairing existing porch and stops which f*ncroach lakoshore setback. Planning Corjnisslon - April 24, 1978 The Planning Commission approved the variance contingent upon maintaining the steps and onilting the deck. Council Mooting - May 11, 1978 Mayor Van Nest moved, Butler seconded, to *ipprove the variance request of Walter Wittmer, J420 Daldur Park Road, per tho rlanninq Commission recommendations of April 24, 1978. Motion, Ayes (5) - Niys (0). Toro Jacobs, Bldg. Inspector, entered into the record the reqicst of Hennepin County Vo-Tcch, 2950 Sixth Avenue Worth, for a conditional use permit rcn^^wal, dated April 24, 1978 which states: CONDITIONAL USE PERMIT Vo-Tech School • J76 The Planning Commission rocommu?nded ren»'W. 1 of the conditioiial use permit with the sane conditions an Resolution 4781 adopted last year. (continued) i . it, % • ■If'?* ■ C3 ■ ■ mrrWiwfc inrirf-^fnrTi r^iftf i ft—rrn i*riii fr^acajinr -nir*~i*i‘i if I't ii-Tl^rr ii fiSSfc - tr‘>n iUffi i\ -at i« •4.' m..1 • i 4^-/3-75 /•^ ■1 / .’ •/ A _Vai£ewaii« Eat«ttalnBcat ^ Ccat" ^' OneValkylaifDrivt»Sh«kopee.MNS5379*6l2 445 7600 April 13, 1978 Plnnnlng Cotmnlnslon City of Orono P«0« Box 66 Cryota) Bay, MlnTu»r.oto 55323 Hcnbcrfi of the Planning Cnrunlsnloii: In accordance wlt!i y^mr wiohca verbally given to oc at the Planning Cotnn*lnulon necting on April 10, 1978. I am, by thlo letter, reapplying for a variance in accordance with the plana that you reviewed il tiic April 10 meeting. The propelty la at 1420 Boulder Park Hoad. However, in reoubmittlng 1 ht-rewlih agree to delete the front deck from the lakeside* of the home and further a^’rec that the otepa that I reconatrjct will be n* larger in length, width or height thin those presently existing. Since the April lO irect^pg, 1 have spoken with Mr. Al Olson from the building Inspeiior'. office wlio indiraied to n»i tliat this was a p> n moth. o resubmit for variance, and 1 herewith request , mt action he taken on this variance at your next regularly acVdulcd cectlng on April 24, 1978. Thank you for your attention In thla tsatter Sincerely, Walter R. Wlttnor Vlcr-Prealdcnt % >» \ 'i: •i . M A i: TO: FROM: DATE: Planning Commission & Council A. P. Olson, Village Planner April 4, IV78 ^3 6 S SmJECT: «.lt« »lc»=r - 1420 B.14« P»-:k Variance TO ro»0.l ,n0 .dd on 'porci'^All'o "■ roJilo rnci" 5iro:^“odKn;-« HE£!iU»m: ISlo^ro^Iot r u't^d'ir iSJci'SSd qiertlonabU^foun^ RcMdoUngoln require variances to 34.552. lot area end lot width. . dim 1078 VIORK SESSIOU planning C0:cnC3I0H - April 10, .978 bOiu^planning -:o:cnc:.low - np... - „*tcnds Planning Con^lasion expressed^npp;^^^^^ SstSg'ro«i a^direps which encroach laUeshore setbacU. PLAr.JIUIC CKCIISSICM - April Z'*, 1978 ACTIO,. L ,U».o, C.,U... -.-d - ...U... ... oo— - •>- and oalttins the deck. *r, 4 ‘iV 1 ii 60/t’T>^c7^~ /V^^ •/ ; i! 6- t ’. •75 ’ fine^A^ e^^ST?^ 6» ii 7SV3“C5'=i 5^ 5-0 ^.X. /4<- — Bo'^s' Pe-<^ ^Vo ^ f. 2y"o -r 2*:>jro - Ify ' ^yc>* - S^'S^ rr r.r . '-I [•'/. N " , * i. t^^ST7^C, M-C- - ^^MAvCA^rc-" Bervoee^o HS. 4 GAC. 3'2>cv^'A4--t:i^ ^}(V-0^ C> C^. '^ibC G=>A^ . AJ. “ /^/2o/0 /^Or^C» ^USe" t i !• 2^.sV/<:5, 3"= /oyz ^ UiV ZL >^2t‘6St) /a' X2.r ' - 2 * A-a_€>*6>o ^>2.C.'^78 3' • yvy')(- IZO « To;Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Date: Jeanne A. Mabusth, Building & Zoning Administrator November 13, 1987 Subject: #1187 North Arm Estates Association -* 215, 340, 350, 360 & 370 North Arm Lane - - Conditional Use Permit - Second Review This application was tabled at your September 8, 1987 meeting pending receipt of additional information and review of engineer. Planning Commission also asked applicant to file required permit applications with MCWD and DNR. Staff can confirm that this has been fulfilled and an update on Ihe status of these reviews will be presented at your meeting by staff. The applicant presented final submittals to the Building cr.d Zoning office on Thursday, November 12th and asked if we would please schedule the avplication for final consideration by the Planning Commission at their ’<o^^''mber meeting. Backerud stated that to wait till the December meeting would delay the dredging project for another year and that many of the property owners served by this channel were unable to acheive riparon access this year because of the silting up of the channel and low lake levels. Backerud delivered final copies to the engineer's office the same day. Cook's comments may not make your packets this Friday but will be available at your meeting. From a preliminary review of the information, it appears Mr. Backerud has submitted all requested information. 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 - Planning Commission Minutes 9-8-87 Planning Commission Action Notice Latterner Letter 10-8-87 Allied Test Drilling Company Letter 10-6-87 Boring Plan Cook Letter 10-16-87 Berm Crossection Berm Crossection (Drainage) Applicant's Sketch of Discharge Phase Applicant's Sketch - Profile Existing Temporary and Final Grades Final Grading Plan Grading Plans for Temporary Phase Review of Amended Plans - The revised grading plans (exhibit L) designate 2 berm areas now located out of the 931.5 elevation. Each berm meets the required 75 feet setback from the lake defined as the channel area but the northern portions of the berm now encroach within 26 feet of the wetlands. The drainage to be released from berm areas (review exhibit I) will flow into wetlands to the north. Silt fencing will be placed within specfic areas of the northern wetlands to assure against sedimitation being carried into wetlands with drainage from spoils. Final grading will also encroach within the required setback area but adequate erosion control will prevent any contamination. The berms are constructed with 4" PVC pipe at 2 feet height intervals and at the point staff can confirm that settling has begun the pipes will be released to wetlands. This process will take place over approximately Zoning File #1187 November 13r 1987 Page 2 of 2 14 days. Cook has advised that final grading and seeding can be realized in early spring if all goes well. Staff has asked Cook in his report to define all required inspections throughout the entire project. Review Exhibit B that outlines the information sought by both Planning Commission and staff. The applicant has submitted revised grading plans (Exhibit L) and final contours (Exhibit K). Erosion control has been designated along edges of bennsr along west sides of berms near runoff ditches diverting sedimentation from overflow from northern wetlands and temporarily installed within wetlands to north during time off run off from berms. As for soil borings review Exhibits D & E, they confirm good solid clay soil base. The berms will be 7'2" and 8*4" in depth. The total % spoils to be removed is approximately 25,000 cubic yards (actual solids at 4850 cubic yards). 25,000 cubic yards of fill will require a storage capacity of 675,000 cubic feet (91,000 s.f. of pond area at 7*2" and 8*4" depths) will provide 732,000 cubic feet of storage. The additional storage area will provide a 10% cushion in case of excessive rains - note overflow of northern wetlands from heavy rains will be redirected around berm., to channel area. Staff Recommendation - To approve the conditional use permit/variance application of North Arm Estates Association to permit the placing of 25,000 cubic yards of spoils from the suction dredging of North Arm Channel based on the following findings; 1. All encroachment of the wet?.ands is temporary and original grades will be restored within setback area of 26 feet. 2. The Plan for erosion control will prevent any contamination of the wetlands and/or adjacent channel. 3. Spoils will provide deep rich nutrient base for reestablished ground cover in the spring. Approval is subject to the following conditions; 1. Applicants must execute a developer's agreement and provide a letter of credit to ensure that original grades are restored and that adequate erosion control is maintained throughout entire project. 2. Applicants must complete restoration of final grades and seeding by July 1, 1988. 3. Grading plans for interim period must be amended by providing an extension of s.ilt fenceing along the south side of both berms to ensure tnat to channel does not carry sedimentation. 4. Applicants shall be responsible for calling for required inspections as set forth by City Engineer. 5. The City will reserve the right to halt all or any phase ot this project if it is found to be detrimental endanger the welfare of residents.to the environment and /or to f »n MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 8, 1987 #1187/NORTH ARM ESTATES ASSOCIATION , /340, 350, 360 AND 370 NORTH ARM LANE CONDITIONAL USE PERMIT PUBLIC HEARING 7:11 - 7:30 i; The Affidavit of Publication and Certificate of Mailing were noted. Rod Backerud was present for this matter. Acting Chairman Bellows explained the Assocation is seeking a conditional use permit to excavate/fill 3 berm areas in excess of 100 cubic yards and placement of 4,858 cubic yards of spoils from dredging of North Arm Channel. Building & Zoning Administrator Mabusth explained the berms will not be created from the spoils material. The soil will come from excavated materials from the interior lands to create the berm areas. The spoils will go into the excavated areas behind "he berms tying into existing elevations. Mr. Backerud explained they would like to do this project in 2 phases to allow the spoils to settle as they will be 5-1 water/soil ratio. What they are trying to do is get 15,000 cubic yards of capacity using all available lands. They intend to stay out of the 931.5 elevation area. There were no comments from the public regarding this matter and the public hearing was closed. Acting Chairman Bellows noted that she would like to actually see how the spoils will be used, how the spoils will be made to work, and what the end product will look like (need for final grading plans). Planning Commission can give conceptual direction and provide applicant with some answers to his questions, and require a final grading plan for a return appearance before the Commission. The key to a large part of this project is soil borings and that will tell us the most about what the property can hold and whether the berms will work. Hanson felt that the primary concern that he had was the impact of the dredging on the area but the DNR has primary jurisdiction over this. He would also like to see final grading plans and feels positive about the project but cautiously so. Johnson and Cohen both felt that this was a good workable plan. Brown also noted that the property on Old Beach Road is very similar and not offensive looking. Building & Zoning Administrator Mabusth noted that spoils must be kept from washing back into the lake. r MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 8, 1987 »1187 NORTH ARM ESTATES ASSOCIATION 215, 340, 350, 360 AND 370 NORTH ARM LANE It was moved by Hanson, seconded by Bellows to conceptually approve the dredging of North Arm Channel based upon the folJ<*wing conditions and requirements: 1. Final grading plans; 2. Soil borings and appropriate engineering design for use of the spoils holding area. 3. Approval from the appropriate agencies, MWCD, DNR and PCA. Motion, Ayes 5, Nays 0. Mr. Backerud asked about the time frame that they are looking at and was told that is strictly up to the other agencies but the earliest time to return to the Planning Commission would be the October 19, 1987 meeting and to the Council for approval on November 9, 1987. #1188 SHELDON KAPLAN 2695 KELLY AVENUE VARIANCES PUBLIC HEARING 8:24 - 8:55 The Affidavit of Publication and Certificate of Mailing were noted. Mrs. Kaplan, Mr. Dahl, Mr. Kaplan's business partner, and Mr. Mike Growe, applicants' realtor, were present for this matter. Septic and Zoning Aide Knott explained the applicants' request for a lot area variance for Lot 1 to create a buildable lot for a single family residence and lot area variance and hardcover variance for Lot 2. The 75-250' hardcover on Lot 2 went "rom 25% existing to 30% proposed as Lot 1 is no longer figured into this calculation. The lots in the immediate area are very similar in size to the proposed lots, however, they do get larger the further away you go. CITY OF ORONO P.O. Box 66 Crystal Bay^ MN ZONING FILE NO. 1187 NOTICE OF PLANNING COMMISSION ACTION 55323 473-7357 Date of Notice: 9/22/87 TO:Rod Backerud COPIES TO: 360 North Arm Lane Mound, MN 55364 TYPE OF APPLICATION: XX Conditional Use Permit DATE OF BTING:9/8/87 VOTE:For Against Planning Commission recooimends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: The City must be in receipt of the following information by these deadline dates to insure scheduling on Planning Commission agenda: Deadline Date - October 5th for the October 19th Planning Commission Meeting Deadline Date - November 2nd for the November 16th Planning Conurission Meeting 1.Revised "^rading/drainage plans showing the following: a) Fill areas relocated out of flood plain (931.5) and required setback distance from lake (75') and wetlands (26'). b) Erosion control. c) Final grades - contours. 2. Information on berms: a) Location and depth of excavation material. b) Type and make up of soils. c) Cross profile of berm. d) #2/ 5 feet deep soil borings in each holding area to determine soils make up. e) Confirm holding areas are large enough to contain amount of fill based on 1 pound solid to 4 pounds water ratio.. Approximate total amount of spoils to be removed. f) How will you control spill-off - based on 10 year storm calculations. 3, Complete filing of DNR, MCWD and PCA permits - provide preliminary review comments of all three agencies. i c FRITZ PLOWMAN'S LATTERNER EXCAVATING P.O. BOX 474 EXCELSIOR, MI'jNESOTA 55331 474-6930 October 7, 1987 Mr. Rod Backerud Orono, Mn. 472-6996 Re: Estimate of proposed work We need to store 25r000 cu yards of material. This is 675f000 cu ft. 91f000 sq ft of pond area available in the two primary sites. By makeing the western pond 8.4' at the highest point & makeing the eatern pond at 7.2' at the highest point. We will achieve storage area of 7i32,000 cu ft when factor ing in perkulation and evaporation that would give us at least a 10% cushion in case of excessive rainfall during the time of settleing. This earth dam will be layed up in lifts and driven over to compress the mound. The cost of this will be $4,365.00 When the fill has dried, the earth birms will be pushed back to level. This cost is difficult to completly judge as the condition of the fill can vary, due to weather. But a logical assumption would be approximately $1,500.00. The above prices (estimate) does not take into account any frost charges, should we run into that. The above prices were compiled from information taken from the Drainage Plans By The North Arm Estates Association. We would request 25% down payment upon acceptance of work. Then the balance upon completion. Also, when returning after the fill has dried, a 25% down ’-'ill again be requested. Thank you.^ ^ ^ /O' m- u ALLIED TEST DRILLING COMPANY 4000 BEAU D'RUE DRIVE EAGAN. MN 55122 Exploration • Evaluation • Foundation Engineering (612)452.6913 6 October 1987 Mr Rod Backerud 360 North Arm Lane Orono MN 55364 Re: Subsurface Soil Investigation Proposed Dredge Spoil Detention Area Lots 1 & 2, Block 1, North Arm Estates 2nd Add'n Orono, Minnesota Project 87174 In accordance with your request and authorization, we have completed the enclosed report for the above referenced pro ject. A description and brief analysis of soils encountered together with our minimal conclusions and recommendations are presented in that report. In essence, we discovered clay subsoils upon the site. These soils are expected to have very low permeability, so low that the exact value would be fairly redundant in pond de tention volume calculations. Hence, we did not run any gra dation or permeability tests. Instead, and Just for the record, we estimated a permeability rate. The invoice for our services is enclosed. If you have any questions on this or any other matter, or if we can be of service in any additional capacity, do not hesitate to contact us at your convenience. Sincerely, ALLIED TEST DRILLING COMPANY r Patrick J Hines, PE President enclosures cc: Gene Mabusth, City of Orono Kevin Larson, Hickock 6 Associates, Inc { 1 Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 SI. Paul, MN 55113 61263&4600 October 16, 1987 Engineers & Architects Ono C. Bomnti Hubert W M Jmepb C. A BreUJordA. HitherdS. OCT I 9I98T Chnn H Cook. P E krilh A P.L.0 /A ummu t Sum. P t knhurU »#' kotirr^PlL JUi. Jeetet C. iJiwn, P.£. city of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: File No, 139 - 1187 North j^rm Estates 2nd Addition Proposed Dredging iroern (!/ Sc Aumt A/, P.t Aiee^tm L 5or¥uSm, P.t DomeldC Burgerdt. P.t. Jerry A. Bourdon. P.t biork A Hemum. P t. Tedt Fretd. Pt MnbeH T. Beutmunn. P t Hubert H. PJrJJrrit, P t iJu^ktO LoUure, Pt Thornes W Petersvm, P.t. MuhueiC. Lymh, P t. Herent. WdUs, Pt Jemet H. hMand. P t. hrn.irfh P Arsdenott. P t Arif A A Bizhmeen, P.t. Murk H. HoUs. P F Hubert C Hussek. A ! A . Thomut t Angus. P t. Stuff L Young. P t Charter A trukson tea M Pyt»risiy ffurlen kj Olstm husen M. tberUn Dear Jeanne: We have reviewed the grading plan and soils boring information submitted on the North Arms Dredging Project. There are several other items which need to be included on the plan. The plan should shew the typlical section for the berms which are to be con structed with 3:1 slopes on the outside and 2:1 slopes on the inside. The berms and storage area sijuld be constructed above the flood plain. Compac tion of the berms to lOOJ of standard proctor density ia required. The silt fence required for erosim control should be shown on che plan. The grading plan should include ditc ling to direct sux'face water around the holding areas. The plan should indica:a tht volume of the holding basins and the area to be excavated to construct the ber^s. The plans should include the channel area to be excavated and the final grading plan of the site. If you have any questions, please rontact this office. Yours very truly. BONESTROO, ROSENE, ANDERL'iK & ASSOCIATES, INC. Glenn R. Cook GRC:ci 733le V-' , ■ ■■*!:' L ■•■ . 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