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05-19-1986 Planning Packet
PLARRillG CX>MM�SSION MBrti·.iNG MONDAY, NAY 19, 1986 7:30 P.M. 1275 mdlN ROAD SOO'l'B - COUNCIL CIIAMBBRS COOllCIL RBPRBSBRTA'l'IVB -John H·ammere 1 AftlDIDARCB SCRBi•ULRD PUBLIC BBARIIJGS 1. 7:30 P.M. 11024 Michael Robinson, 15 Orono Orchard Road Preliminary Subdivision 2.7:45 P.M.11026 Mike Hilbelink/Jchn Vogt, 160 Old Crystal Bay Road -Preliminary Subdivision ACTIOB I 3.11017 Morris & Jackie Nelson, 1900 Shoreline Drivea)Zoning Amendment -Continuation of Pub•lic Hearingb)Conditional Use Permit for Bed & Breakfast Use 4.11020 Suburban Hennepin Regio.n.al Park District,2865 North Shore Drive -Conditional Use Permit 5.11022 Charles A. Schall, 605 Park Lane -Variance 6.11023 Rolla M. Martin, 2675 Shadywood Road -Variances - Public Hearin 7.#1025 Edward P. Henrich, 4115 Highwood Road -Variances -Public Hearing - Tabled per Applicants Request 8.11027 Phillip Pillsubry, 1200 Bracketts Point Road -Variances - Public Hearing 9. 11028 Len Bachkes, 2813 Casco Point Road - . Variance -Public Hearing 10.11029 Leo Clifford, 4760 North Shore Drive -Rene -, .. iance -Public Hearing 11.11030 Charles D. Dollar, 1810 Lakevie·w Terra.Ce -Variance -Public Hearing 12.11031 Mark Hunsley, 3464 Eastlake Street -Variance -Public Hearing 13.11032 Brian Fulmer, 3505 Wayzata Boulevard -Variance -Public Hearing 14.11033 Royal Dossett, 2795 Pheasant Road -Variances -Public Hearing ADDJ:TJ:OIIAL ITBNS 15.Planning Comm1.ss10n approval of April 21,. 1986 . inut s. 16.Plannin g Co mmiss ion to se lect a re pr sent ative to att end theJune 6, 1986 Council Meeting. ADJOUIUINBRT 400 I � 7 �� ='>1' J I �� --·-..,�, �----... :I _,.. ---.,.. I I IJ•c • • f /0 30I ,:--,...... ----.__.,, •• t 1 ' c, � � ir .., �-,, 1 ,..,. ott r ,� 1 vi: 'tPF �--• 4 _,s -.,.I P/a.nr1,,, •ArlSTA 10._._890 11 --; t:' sc::I ,, / �-... soo 6 • 4 �� � q I � � ,-I I IJ' I 1200 g{k�'4W( --I'\) IA-lk';;-=-�! '..'SP'l � l o ---et•lc:;,.)ff t j( 1 • l -,711 I 'J--t I I I 1600 v· •• 8 � I I I E I I 2000 1,,.11\(� '' 9 1AOO 10 u 1': I .. •I" ... I "" 4T I I I 2800 -.,;;,;,- 4i --c ::, .-./ / ,-..---■-◄_,,,,. 11 3200 I I I -,.�_; ="'1 I I I I I I I I 3200 4800 A UM r, M)(lO ,-. � '°' � � ?AIV\ r- ?4_M I" "XV'O I I � I 1 ? < V \ t Al)O I✓4nt"I I 0 CtJ'?YI m ;:SSI I 4) PUBLIC ATTENDANCE CITY OF ORONO 0(1^MEETING DATE S PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) 4 t~lilbg-l\Ak "hU Kl c-,~r 2l( Ffiesr'^^KiO . yt^<u ‘^Uol 6tc'T< L. I f) Lj L L'^ /'I^ /P^ c J-i n/ f: POJffR P vLMm.U/Q / K ^4 /t»<LV 14 ku 'Vi.. ~$>a ^ ^ A. / IQZO 71»Rcl T^n^\ A LAiCi ^ /^7 4e>A/^/yjAJ W /Oil HidoLiCT Ls /vVrNiH S €"^0 B WA^/ZA^ .^iN ^S5<^1 V/ ->? s~ //'' y/ <_t; <y Ai/ /71 O tv /l^ /7fju S/r A /9ncc^on M4' <^v/3 A;...'- (4( f^c/ /Zip I fhe^Q/Cy C4u^<JnJ 4^^*^ l4 'i/.fixif 'So^,T^V ■75T iuco-^ ^J) /<r 'VuisT ^/o/^ltH il/ijirc Z£R(e ^/3/7 :tir 10%L ^ 7^3/ ’ A /■PJ/ ••' 7^ /C’Xf^ t! /o.i^ /ozo /C'JU) jfc /D'z-O :k/0^0 PUBLIC ATTENDANCE I •^ w". .1 •H CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) W<^CtJALL LAAlt .JLoAJ6~LA^i Y!*1 Ti ^S»O/0 (js. 9titt/ir iO/f|p^lUy^^ k/.UJL rJL/L4L^rJi — ^j( Uo M 16. 17. 20. 3o^6 K). t\J. Z^y !C\ iS? le^ lozo /. o/ 7.7*V^ 3oC?o {hhJH Ixi/ki 1 > aO^J\ Ph/^i<l\n^ I o ^n /O/l •1 /D2 ^ lb lo 1^20- !o 33 ’7 To: •1 From: Date: Mayor Butler Mark E. Bernhardsonr City Administrator Orono Council Members Planning Commission Members Jeanne A. Mabusth, Zoning Administrator May 16, 1986 Subject: #1024 MicN'el L. Robinson, 15 Orono Orchard Road South Preliminary Subdivision - Public Hearing Zoning District - LR-IC Area - 4.37 Acres (.33 Acres Wetland) Application ~ Class III Subdivision - Plat - 2-Lots Lot 1 - 2.35 Acres (.33 Acres Wet) Lot 2 - 2.02 Acres Dry List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Application Property Owners list Plat Map Preliminary Plat Review of Application The applicant proposes of division of his homestead property totaling 4.37 acres. Each lot contains the required 2 acres of contiguous dry buildable land. Lot 1 contains .33 acres of wetlands - the City will ask for a Conservation & Flowage Easement over the designated area. All existing structures satisfy the required setbacks of the RR-IB zoning district. The on-site septic locations and designs have been approved. Lot 1 will have a mound system as an alternate site. The on-site septic manager advises that the existing septic system on Lot 2 has been failing and recommends that approval be conditioned on complete replacement by August 1, 1986. The plat also involves a dedication of 33 feet of right-of- way for Orono Orchard Road. Access will be shared via the 20 foot wide platted corridor of Lot 1. Owner of Lot 1 must grant access eaement in favor of Lot 2. Note the lot lines have been platted to provide adequate area between wetlands so that drive will meet required 26 feet setback . '•i Zoning File #1024 May 15, 1986 Page 2 of 2 Staff Recommendation To approve the 2-lot Class III subdivision application of Michael L. Robinson finding all pertinent standards of the RR-IB zoning district and septic code have been satisfied and granting a variance to Section 10.02, 39, 67 & Tf because property cannot satisfy required width along a public road based on following findings: 1.consistent policy of City to approve such variances where configuration of property does not permit 2.the access satisfies all safety standards and poses no hazard to public safety. Approval of subdivision is based on following conditions: 1.Payment of park fee of $200.00 for newly created Lot 1. 2.Owner of Lot 1 must grant access easement in favor of Lot 2. 3.Dedication of 33 feet of right-of-way for Orono Orchard Road. 4.Execute Flowage & Conservation Easement over wetlands area. 5.Failing septic system on Lot 2 to be replaced by August 1, 1986. & toZif ■ CITY OF ORONO SUBDIVISION APPLICATION FORM Date Rec’d 4 ' R0CFee d APPLICANT Name Pn! rlK^. ^ i /p. I.f?r,ki n im Telephone ^ ^ ^ -U Mailing Address tS Qror)^ OrcK-.j^i? 9ir0. , I/>;S^7^q i PROPERTY Name fT\,pJ /rv^ Telephone OWNER Mailing Address (Attach list if more than one) PROPERTY LOCATION Street Address I^r\-<.~roo ^3^ccP'vv.'v I I'Vl \ Property Identification No. (P.I.D.) 05 - I )^7 - i?-AfV->-^ Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels 1 Development Size -V- i A O /I■ J. i>'Acres Dryland f‘/'“ I (r\ Acres Wet Land Acres Total, all parcels Present Use (check)Residential; no. of units Other (specify) _ _ _ _ _ _ Present Zoning District | g PROPOSAL Division for Tax Purposes __ _ _ Lot Line Rearrangement Only (no new building sites) X Subdivision for New Building Sites Number of Building Sites;1 I Existing Units New Units Total Units Proposed Gross Density Minimum Lot Size: r:)Units per Acres ^1£Jl£_2___ Square Feet Dry Buildable Land Proposed Use: (check)Residential Other (specify) (OVER) A- /\ MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION /1.Application Completed 2* Preliminary Plat information on Certificate of Survey, 3.Certified Property Owner's list of owners within 350* (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4.Stamped, legal sized envelopes (#10) pre-addressed to each of the nai on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _Date MININUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION Payment of fees (park fees, filing fee, sewer and water assessments) 2.Signed certificate of survey or mylar copi 3.Title opinion,as ■ Easements, Covenants, etc.4. 5.Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature __ _ _ _ _ _ _ _Date FEES Sketch Plan Review (Class I, II & III)$150.00 Preliminary Review (Class I & II Subdivisions)$250.00 Preliminary Review (Class III and all non-residential) $300.00 plus 20.00/lot Final Plat Review (Class III) *(Plus any legal or engineering charges) $150.00* Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant’s Signature Date Owner's Signature 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. 1 1 50 TO T m C m TJ Z 2 O 2 50 o m H t» -O 2 m 2 rj o o *0X^0 X* ^ 2 OJ Ch Hx^ >* < n no O O' *D 2 (/) (/> (/> —< m ) 1 1 I > i -< U1 in O o ro n n X X m m -< •< m m i>4 0> C > iiOJ in I §N m r" m m •— N > H > U1 in 09 04 r- o >• ui 5:5: §§ 0> Irs> 04 o mz H m PO n o §§ TJ TJ 04 04 O o o 04 o 5J° 5^1 in 0) o 04 H O 09 m 03 o a 04 X fi* O 04 m in Z 0) I 09 ^ O »-« »0) Z Z O I m m z fV9 CO cn o 04 HI r- 09 > H n X o o o o o ) r- rv>O ui Q g 90iimo L. U SSz z o o o ro in 04 O) 01 in 01 in <> sisa Q O M M m m 30 73 04 01 I o 93 O 09 I f\3 01 30 O m o 04 H 93 04 >n I-X o iSSa ^ o c J> -< N > H > 4N O O X Mo X o :o CO 09 m m 30 73 73 73 -< -< iS£ M M CO CO 01 01 I H Z 3> >X Z -0 ftl > \ •< >m O 90 o 73 i om u PO >z a > 'O X ^ m X •a •o N r- r- o O z o O > 90 04 0» 01 01 o CD m o X 09 M ^ r- 04 r- o p o m o 93 M O o m QM 0 04 1 O m H >incn8 M r- I r\> 04 03 Si m o)c. 90 o o o m H > r- 0) -4 73 > C 04 vj 01 o m o m 73 H OTl CO CO > > H H m m 3 Z O7\ a*n 0 04 1 01 01 M > —4 CXI > ►- 03 in 01 o Q 93 m tn 0 1n m 0) 3Mzzm cn o H 3M m O)o H Nj I ro 04 > >ooors> o u 73 O > i Z % a 90 H o a > 3^ i^ og-o z § rri X •o > -< m 93 5IO 93 Ozo 3 3 o 04 M M O 09 o n o X X ►- >> 01 o mm iNj r* r- I Ol 01 04 «o o 93s > 93 O 93 O O 93 o I m o z iN> P P O 04 93 M >Z O rv9 P 93 ro 500 2 2: X o P >o M m 93 o Z H O W p O > 99 Z r- u 01 p o ro Nj I IN> 04 fVJra o o o 04 m > S O O > 01 M M gs H M i m m 93 90 H H O 04 o p o 4> P O f\> I P* 93 P 032•n 0 3 1 30m Of 2 » n 91 z r9 < m H M 1 m r- X H f» p no P gr-gOP pp 99 0 0 P >m Q ^p Z T9 > rv>p 0 p P 93 r- 99 ^p m p < f>»^ >P 0 r- 0 0 0 mo0P X 0 •—HZ 00p 99 ^0 X 00p 0 93 0 0 m 0 aoz p 5;o X 91 § o o C3 5m Oi p p 99 m i §3m • T9 M ►- 01 S o - ---.J liA� I ,, • • (/ .,. :t.-k .. ,( � -, . ,f:o 1'o <"'4'-�"� �o . >o ._I' 6 r;; .., �, -9 ,,.�'° • // �.d • ...,>,� 0� . �� ,/ , I .... .. .I To: Pr( Date: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Planning Commission Members Jeanne A. Mabusth, Zoning Administrator May 15, 1986 Subject: #1026 Mike Hilbelink/John Vogt, 160 Old Crystal Bay Road Preliminary Subdivision - Public Hearing Zoning District - RR-IB Total Area - 18.75 Dry Acres Application Lot 1 = Lot 2 = Lot 3 = -Class III Subdivision - Plat - 3 Lots Approximately 3.6 Acres Approximately 7+ Acres Approximately 7+ Acres List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Application Plat Map Property Owners List Aerial View Proposed Subdivision Staff Sketch Revi'iw of Application « The applicants propose a 3-lot division of the Peterman property. There are no designated wetlands located within the property. On-site septic testing has been required for only the 3-acred developed lot - lots over 5 acres in area are not tested if preliminary review of soils maps reveals no problem soil. The site evaluation confirms adequate and suitable area for future septic expansion on Lot 1. Access is the major staff concern for this review. The existing access serving Lot 1 is adequate. A future access to Lot 3 along Watertown Road should be located either to the extreme east or west of the lot. The proposed 50 feet wide corridor platted for access to Lot 2 is not acceptable. The access is located within 100 feet of the crest of the hill. Old Crystal Bay Road has a 40 mile per hour speed limit. The sight or distance standard for all curb cuts is 275 feet. Staff suggests that the access corridor be relocated to the south - probably along the existing driveway serving Lot 1. (See Exhibit F) as a easement the accessory structure on Lot 1 cannot meet the re quired 10 feet setback from the new lot line. A side setback variance would have to be granted but at this point absent a survey, I cannot confirm the exact setback. All other existing structures meet the required setbacks from all proposed lot lines - confirmed by aerials - review Exhibit D. Zoning File #1026 May 15, 1986 Page 2 of 2 Staff Rec • )ilh lation To approve the 3-lot Class III subdivision application of John Vogt and Mike Hilbelink finding all pertinent standards of the RR-IB Zoning District and septic code have been satisfied and granting variances to the following code sections: a)Section 10.03, Subdivision 15 (F) - side setback variance for accessory structure based on the following findings: 1.subject structure is a small shed and can be relocated 2.the location of existing structures on property limit the ability to find another access corridor 3.the City has asked chat the access corridor be relocated because of safety concerns creating the need for the variance. b)Section 10.02 - Definitions 39, 67 and 77 Lot 2 has only 50 feet adjacent to public road, approval based on following findings: 1.consistent policy of City to approve such variances where configuration of property does not permit 2.location of access is safe and meets all safety standards. Approval of subdivision is based on the following conditions: 1.Preliminary plat plans must be submitted to the City 2 weeks before the Council meeting for review, such plans must reflect the relocated access corridor - setbacks of all structures - building envelopes. 2.Access to Lot 3 must be located either at the extreme east or west of property adjacent to Watertown Road. 3.Payment of $200.00 park fee - $100.00 each for Lots 2 and 3. t / CITY OF ORONO ^ ^'7u2xp^ ^^u ! L\^ 6? *-<.v^-CO SUBDIVISION APPLICATION FORM Date Rec'd / By ViUlklFee ^ec'd ^ /S-i--7^ APPLICANT Name Mike Hilbelink / John VogtHI ipennK / uonn vogr Telepho M.H.- 1020 N. Brown Rd., Long Lake, Mp .5^56 Mailing Address j V.- 107 Lakeview Ave., Long Lake, Mn. PROPERTY Name Ailfe. [4trn iD. W r Telephone 476-1867/473-3298 36 OWNER Telephone ^13^ (g ip <(3^Ori/yiiT- PROPERTY LOCATION Street Address /GO O/c/’'02)0 Property Identification No. (P.I.D.) 33 -//iP-PJ- ^ S ^ OOOJi to application'A—r ft! JL ^J . Complete Legal Description to be attach EXISTING LAND USE Number of Tax Parcels Development Size Acres Dry Land O Acres Wet Land _ _ _ _ _ Acres Total, all parcels Present Use (check)Residential; no. of units Other (specify) _ _ _ _ _ _ Present Zoning District ^ /15 PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites; / Proposed Gross Density Minimum Lot Size; Proposed Use; (check) Existing Units New Units Total Units Units per Acres 3* 3.5*“/^/KoSquare Feet Dry Buildable Land Residential _ _ _ _ _ Other (specify) _ _ _ _ _ _ (OVER) 4 •t MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION ' Application Completed ’2.) Preliminary Plat information on Certificate of Survey, 3.J Certified Property Owner's list of owners within 350* (this list can be obtained from'the Hennepin County Department of Finance A-603 Government Center 348-3271) 4.Stamped, legal sized envelopes (#10 ) pre-addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date / MINIMUM MATERIAL NECESSARY FOR COMPLETE PINAL PLAT APPLICATION \ Payment of fees (park fees, filing fee, sewer and water assessments) Signed certificate of survey or mylar copies of formal plat. 3.Title opinion. 4.Easements, Covenants, etc. 5.Developers Agreement and acceptable^form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date FEES Sketch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivisions) Preliminary Review (Class III and all non-residential) Final Plat Review (Class III) *(Plus any legal or engineering charges) $150.00 00 $300.00 plus 20.00/lot $150.00* ■J Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signa^re Owner's Signature Date Date ^V - 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. UJ DCtt r ao < a Q O Z Ul < < >- Ns ui ttO' r a0 3 q: Q0 z Ui < < >- N UI tt 0: c 0 0 3 a Qa z UJ ^ < >- \• UJ a a z 0 0 < a 00 Z Ui < < >- N. tt < lu CL lii a 2: 0 Z X 5q: fc < za.0 H . tt < UJa UJ Q. z 0 z X 30: U < zQ.0 H q: < lu n.lu CL z a < IHa UI a z 8iii5^ 4tOBl >•»• 1 *^ m m » # 4 v%Vr ^3^08/(A': fr 'w • «• « •• •'V ' , •* Ti-■>-3<i< ' : ■. • !../* - • ‘ v ’i*‘ *. • t .V • *» * #- ^*»»'*** •* t ■.. »•#•••♦•». ■*'‘v v'’ii.fcvviH ^ V te ' *'■ ' ' 't ; •—I......... [T' ' :| • >• -• '■■..••■ • - 'Vi . V 14.81 Ch. ■.• 7T*?v ’ '.Q ' ' ••' •« •■'. • * •* • * A. *•^- *lilt- .'*■' • • , fr.. ■• •: #• ■‘r : :-l:: • "- ‘ • . c •:* •;.^c50 •’■■••? ••••■:■• :;..■.:• ■.. ... »-• , •- . *4 *-•i•J!-.» • . **/ . • .. •-•/**•••• •\ '*»• T/' - , 't| ■/;' I ••• *.. ■-v^v *» • f •-- • •• 1 1 -♦! .?| ;.■•■;.. . v-— rr- , i). ;r^'> --rr.."- ' * • .p 1‘ ; -. ■A* • I •.*■‘^• I • *1*'.'*23i^ •; ' i: ;> -1 • 1 ? ■^ .•f ■.'.V.. .‘i'V ’• • '.- ■:•. • ‘ :- fr > s .V.v '•4 "' ■% ■ *•*•** *K * V ^ r/. i ■. 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Mabusth, Zoning Administrator Date: Subject: May 14, 1986 #1017 Morris & Jackie Nelson, 1900 Shoreline Drive Conditional Use Permit for Bed & Breakfast Use Staff has advised the applicants that it is difficult to deal with an application that as yet has not had formal review and approval of performance standards for that use. The applicant is in receipt of the proposed ordinance and may prepare for formal review at your June 16th meeting. Staff must advise that you table all action on the Nelson's conditional use permit application until Council formally acts on the application. As of Wednesday, May 14th, staff has not received additional input or requestfffor changes by the Planning Commission. The amendment is once again enclosed for your review and action. HI •t' AMEND SECTION 10.20, SUBDIVISION 3 BY ADDING THE FOLLOWING CONDITIONAL USE 0 - Bed & Breakfast Owner/resident of an existing residence/dwelling may provide guest rooms for the purpose of overnight lodging for financial compensation by reservation only, and where no provision is made for cooking in any guest rooms.and regular meals are not provided on the premises and in which ingress and egress to and from all guest rooms is through the principal residence/dwelling. The following standards shall govern all Bed & Breakfast operations within the City: 1.The property must: a)satisfy all applicable lot st?tndards for the given zoning district b)satisfy 150% of all applicable lot standards for the given zoning district c)satisfy all applicable lot standards for the given zoning district in addition to meeting the area ratio of 1/5, 1/4, 1/3 acre per guest room .•• o case shall the number of guest rooms exceed ••• 2.The facility shall be owner occupied and serve as the principal residence of owner. 3.Access to the property must not be shared with adjacent residential properties. Each guest room must be provided with one off street parking stall/space, screened from adjacent residential lot lines. 4.No on-site commercial signage shall be allowed. All signage is limited to residential signs allowed under Section 10.61, Subdivision 2 A, B & C. 5.The Bed &aakfast operation shall have a state license (hotel, food), and comply with all applicable standards of the State Uniform Building Code and State Fire Code. 6.A conditional use permit must be issued annually for a Bed & Breakfast operation. This permit is not transferable to a new owner. 7.All Bed & Breakfast guest use activities must be located 30', 40*, 50' from adjacent lot lines. ¥ AMEND SECTION 10.20ir SUBDIVISION 3 BY ADDING THE FOLLOWING CONDITIONAL USE 0 - Bed & Breakfast Cont. 8.Sanitary facilities shall be adequate to handle the proposed level of usage. Where municipal sewers are not available for connection» it shall be the responsibility of the applicant to demonstrate that the existing on-site sewage treatment facilities meet standards of the Orono On- Site Sewage Treatment Code for the proposed level of usage. In addition, applicant shall demonstrate that a suitable alternate drainfield site exists on the property. 9.An updated floor plan must be maintained by owner designating the following: a)location of guest rooms b)location of guest bathrooms c)location of resident bedrooms d)location of resident bathrooms 10.A property that has an established Bed & Breakfast shall not be permitted the following accessory or conditional uses: a)home occupation - accessory use b)guest apartment or guest houses - conditional use c)animal units must be satisfied by area outside of the area already credited for Bed & Breakfast use. TO FROM: DATE: SUBJ: Mayor Butler Mark E. Bernhardsorir City Administrator Planning Commission Orono CounciImembers Michael P. Gaffronr Assistant Zoning Administrator May 16f 1986 #1020 Suburban Hennepin Regional Park District - Noerenberg Park - Continued Public Hearing MOTE: Please refer to the infonnation contained in your April 21 Packet. Additional Information: -The Orono Park Commission did not meet prior to your May 19 meeting. However, Park Commission Chairman Barb Peterson, who was on the County Park committee involved in planning of Noerenberg Park, will be present to address your concerns. -Police Chief Kilbo has reviewed the plans, and his only request is that the pedestrian crossing be adequately striped and signs installed. -The Park District has been working with the Watershed District regarding the grading plans. -I have enclosed the following documents which should give you a better background regarding the park property; -final report of the Noerenberg Memorial County Park Advisory Committee - August 5, 1985 -copy of will -minutes of the Advisory Committee 11/29/84 with , letters regarding interpretation of the will Note that the Advisory Committee spent two entire meetings regarding the interpretation of the will, and I'm sure Dianne Goetten and Barb Peterson will confirm for you that the intent of the will is being carried out in the plan in front of you. I would request that the Planning Commission address the land use issues within the purview of the City's authority to review. The City Attorney has stated that the intent of the will is essentially a legal matter and that we should review the proposed park plans as they relate to our codes and the land use issues involved. /Vj'. HENNEPINPARKS Suburban Hunnupin Rugional Park District 13615 County Rood 9 P.O. Box 41320 PlynioulKMN 55441 T«lof)tion«(613| 559-9000 Board of Commissioners David Lolvaaho Choir Golden Valley Shirley A. Bonine Vice Choir Maple Plain Judith S. Anderson Bloomington WiHioin H. Boynton St. Louis Pork Nicholas Eoloff Robbinsdole GeorM B. Hickey Golden Volley Neil\AM>er Mound Vem J. Hortenburg Superintendent & Secretory to the Boord November 27,1985 Mr. Mark Bernhardson, City Administrator City of Orono Box 66 Crystal Bay, MM 55323 Dear Mr. Bernhardson: Enclosed please find a copy of the final report of the Noerenberg Citizens Advisory Committee. This report represents the future plans for the development and operation of the park. It was adopted by the Board of Park District Commissioners of the Suburban Hennepin Regional Park District on November 7, 1985. We would like it to be reviewed by the City of Orono and to receive concept approval so that we may continue with more detailed planning and ultimately the development of the facilities described here. Based on earlier conversations with you, I understand that the plan will need to go before the Orono Planning Commission and perhaps the Park and Recreation Commission for review, before consideration by the City Council.Please advise us as to the schedule of meetings that you would like us to appear at and as to any additional information that might be useful to the City in its review.We have also enclosed a Noerenberg Memorial County Park Master Plan map. It is the Park District's desire to receive approval for the plan in total, although it will not be developed in one phase. Once approval has been received,we will develop the necessary financing and specific s.te plan to proceed to construction. We anticipate that the total plan will be developed over a number of years, however, it is important that the entire concept be approved now, so that we can proceed with our planning in an orderly fashion. We look forward to hearing from you as to the schedule of presentations to the City of Orono. Sincerely, Marty Jeasei Associate Superintendent Enclosures;Report and Map ,, ' • FINAL REPORT OF THE NOERENBERG MEMORIAL COUNTY PARK ADVISORY COMMITTEE AUGUST 5, 1985 • Table of Contents I.Letter of Transmltal II.Detailed Cost Estimate III.Introduction A.The Gift and Will B.Court Order C.Previous Planning D.The Current Advisory Committee IV.The Area South of County Road 51 A.Theme:“Estate Gardens of Lake Minnetonka" 1.Why Estate Gardens? 2.Background of Estate Gardens 3.Elements of an Estate Garden B.Concept Plan for Noerenberg Memorial County Park "A Traditional Estate Garden" 1. 2. 3. 4. Design Considerations and Site Analysis a.Open, Sunny Areas b.Low, Wet Areas c.Open Understory with Mature Canopy d. High Points Major Components of the Plan a.Entry b.Visitor Center Formal Garden Manicured Grounds Natural Area Evergreen Buffer Memorial Arbor Gazebo Maintenance Services Irrigation System Capital Funding Site Plan c. d. e. f. 9*h. 1. j. C.Operations Plan 1. 2. 3. 4. 5. Target Audiences Programs Public Hours of the Estate Garden Staff Operating Budget Page 4 6 7 7 7 9 9 11 11 11 12 13 14 14 14 14 15 15 15 16 16 17 17 18 18 18 18 18 18 20 21 21 22 22 23 iTO ,' ' • Table of Contents v.The Area North of County Road 51 A. B. c. Theme: "The Noerenberg Nature Area" Concept Plan for the Noerenberg Nature Area 1 . 2. Major Component s a. b. c. d. Landscape Plantings Hiking Trail Parking Access Obervat f on 11 81 ind 11 Capital Funding for the Operations Plan Nature Area 24 24 24 24 24 24 25 25 25 25 03 RICHARD G. GRAY, SR. OFFICE - FRESHWATER FOUNDATION 2500 SHADYWOOD ROAD - BOX OO NAVARRE. MINNESOTA 55392 telephone 612/471-8H2 .Board of Commissioners August 5, 1985 Page Two r 7.Phase II of the master plan per the cost estimate of 5 August should proceed only when earned income exceeds maintenance costs annually. When an improvement item is commenced, it should also include work from other Items that makes it possible for the item In question to become a completed entity. 8. Phase III Is too far in the future for the committee to react at this time. 9.The land north of Highway 51 should be kept undeveloped until a master plan is devised. Perhaps it is proper to appoint another citizen's committee to advise on that parcel when timely to do so. 10.The committee commends the Park Reserve staff for its excellent cooperation, planning, and execution. Marty Jessen has been a most e^fettive staff coordinator. •1 RICH Committee Members: ANN DOERR DORTHEA FISH J.DIANN COETTEN MICKEY GOLDMAN MIKE HECER JOELLEN HURR BARB KAERWER BOB KOJETIN BOB MUCAAS BARB PETERSON GLEN RAY GEORGE RECTOR TONI RILEY HANK SERWAT H NOERENBERG MEMORIAL COUNTY PARK Revised Cost Estimate - 5 August 1985 1.This consists of an updated cost estimate for the basic support services as discussed In the Draft Report of March 14, 1985. 50 Car Parking Lot $ 43,662 1800 Square Feet Visitor Center Water Distribution System Memorial Arbor - 832 Square Feet Utilities Plantings (east side of property) 180,000 100,000 23,870 30,• •• TOTAL 25,000 j[402,^32 2.Features which should be developed to provide a minimal, but useable display garden. Grading and Demolition $ 14,923 Terrace, Walls and Steps at Visitor Center Brick Pathways Walls and Steps Trellis In Garden TOTAL 11,649 95,069 19,656 3,300 Plantings for Remainder of Property (Including floral display areas) TOTAL OF DEVELOPMENT IN NO. 1 AND NO. 2 1144,597 $123,887 S671,016 3.Additional features which would complete the development as Indicated on the plans. Arbor at Visitor Center $ 13,200 Walled Garden Curb Edging In Garden Limestone Pathway with Steps Water Feature Exterior Fence and Gate Screen Gazebo Lake Edge Rip-Rap III III SUB-TOTAL TOTAL TO CCMPLETE DEVELOPMENT AS SHOWN ON PLANS ^4,100 $885,116 NOTE:These estimated costs represent construction costs In 1985 dollars only; and do not Include fees, charges and contingency. III.INTRODUCTION A.The Gift and Will In 1972 the Hennepin County Park Reserve District acquired property In the City of Orono, adjacent to Lake Minnetonka, as a gift and bequest from the late Lora N. Hoppe.Indicated In her will were several stipulations regarding the use of the land.Included were the following: 0 The area shall be known as Noerenberg Memorial County Park, establishing a memorial park In memory of Frederick ana Johanna Noerenberg, parents of Mrs. Hoppe. 0 The land shall be operated and devoted to public park purposes as an arboretum for flowers, shrubs, and trees. 0 The land shall not be used for picnic purposes, for camping, for boat or watercraft launching, or any uses Incompatible with that of a general display garden. 0 The house on the property shall be demolished and a memorial arbor erected with a plaque conmemorating the Noerenbergs. 0 The area north of County Road 51 should be operated and managed In Its approximate natural state as a place wherein wild fowl and other wild game be allowed to congregate on the land as a natural area. 0 Earnings of the funds, also given to the District, should be used for the purpose of maintenance. B.Court Order While the will specifically prohibited certain things, and explicitly 07 l' 'r-i. Od directed others it also left many items to interpretation.In 1975 the District sought a court order interpreting and defining authorized uses of the funds given it by Mrs.Hoppe.The court directed: 0 That the Hennepin County Park Reserve District is directed, as trustee,to apply the real property devised to it by said decedent to the use of that of a general display garden as specified in the Will of Lora N. Hoppe 0 That the Hennepin County Park Reserve District is directed, as trustee,to maintain the personal property received by it from the estate of Lora N. Hoppe in a segregated account and shall administer the same in trust upon the following terms and conditions: To apply so much of the trust principal and/or net income therefrom as may be reasonable and necessary to develop and maintain the general disply garden as described in the Last Will of the decedent In the event that the trustee finds it reasonable to do so, to expand the land area devoted to such general display garden usage by acquisition of adjoining lands by application of such portions of the principal and/or net income of the trust as determined by the trustee to be necessary for that purpose 0 That the Hennepin County Park Reserve District, as trustee, in regard to said trust, is hereby vested with full powers of asset sale, investment and retention as specified in Minnesota Statutes paragraph 501.125, enabling said trustee to properly rrh. *h i .-fc r: administer and apply the trust assets in its possession to the uses and purposes set forth herein and in the Will of Lora N. Hoppe, dated March 23, 1970. With this clarification, the District Board has. as a matter of policy. determined that $1.2 million of the fund should be retained as principal The earnings from investment will be used to finance ongoing operations of the park. C.Previous Planning In 1974, an advisory committee was established to develop a plan for « this area that would be consistent with the will and make available to the public a beautiful and educational place to visit.The committee developed a concept plan, but due to various problems the plan was never implemented. 0.The Current Advisory Committee - 1985 The present Committee was established in October of 1984 in order to « complete the task of developing a plan for the park.In regard to this task, the Committee was charged with the following responsibilities: 0 to advise District staff in the review of the original Master Plan for the park. 0 recommend appropriate changes in the plan and establish a long term working plan for preservation, improvement and maintenance of the Park. 0 to recommend appropriate funding strategies for the development of the park according to the plan that che Committee recommends. The membership of the Committee, in order to represent the various interests associated with the park, included individuals from various Od backgrounds and community interests.Committee members were selected 0 Individuals 0 Neighbors from the following areas of interest: 0 Horticulture 0 Recreation 0 Friends of Mrs.Hoppe 0 City of Orcno 0 Lake Minnetonka Community The committee met as a whole on several occasions to carry out their task.This report is a result of their concentrated effort and represents general consensus of what the Committee determined best for the District and for the citizens of the area while consistent with the interpretations of Mrs.Hoppe's will. The Committee's deliberations included the following; 0 Review of Mrs. Hoppe's will and court order and discussion of how the Park could be developed and operated within the spirit of the will. 0 Review of the 1978 Plan prepared for the Park 0 Inventory of other gardens in the Metropolitan Area 0 Discussion of potential themes. 0 Presentations by Ray Ford, the Noerenberg's Gardener, and Aria Lindberg, currently the gardener for the Hennepin County Park Reserve District at the park regarding their perception of current operations and future development. 0 Review of the history and importance of estate gardens in the Lake Minnetonka area and Eddie Phelps role in the planning and development of these gardens. 1 0 Review of two distinctly different concepts for developing the area south of County Road 51 utilizing the theme of Estate Gardens of Lake Minnetonka, 0 Review of a concept for utilizing the area north of County Road 51 as a “Nature Area.*' Because of the two distinct areas of che park as specified in the will this Report is also divided into two distinct sections. IV.THE AREA SOUTH OF COUNTY ROAD 51. A.THEME:“ESTATE GARDENS OF LAKE MINNETONKA" 1.Why Estate Gardens? In discussing themes for the garden, the Committee was guided by two objectives.First the Committee felt that it was important to provide a garden that would not duplicate the efforts of other gardens in the metropolitan area.In addition, the Committee saw the park as an area that should provide an educational as well as recreational experience for those who visited.In considering these goals, the Committee considered a variety of possibile themes, including the following: 0 Victorian 0 Old English 0 Winter garden 0 Minnesota Native Plants 0 Estate Garden Of these themes, the Estate Garden theme generated majority support from the committee.Advantages of the Estate Garden theme include: 0 It will not duplicate the efforts of other gardens in the Metropolitan area. 0 Estate gardens are a signifcant and historical feature of the Lake Minnetonka area. 0 Eddie J.Phelps,a nationally known landscape architect, designed many of the estate gardens in the area and lived in Wayzata.Mr. Phelps was one of the first landscape architects in the Metropolitan area and had a major impact on the profession's growth in the area. 2.Background of Estate Gardens Estate gardens are an interesting part of the history of the Lake Minnetonka area.Many residents of the area,had elaborate gardens designed for their estates.The gardens both indicated and graced the style of those living around Lake Minnetonka. An important figure in this fascination with elegant and expansive gardens was Edmund J. Phelps,a local landscape architect known nationwide for his work.Phelps worked in the area from approximately 1925-1950.His work can be found in the Twin Cities, Duluth, Chicago and Washington, D.C., as well as the states of Massachusetts, Connecticut, and Tennesee.A list of his clients indicates that he worked with some of the more prominent citizens in the Lake Minnetonka area.Phelps played a significant role in the development of the profession of landscape architecture, and the Estate Gardens represent a substantial element of his work. The Committee feels that this theme establishes a tribute to Phelps and his work on the "Estate Gardens of Lake Minnetonka." The University of Minnesota has a scholarship in landscape architecture called the "Edmund 0. Phelps Memorial Scholarship." Funding for the scholarship fund came from some of Phelps' clients in the Lake Minnetonka area. 3.Elements of an Estate Garden The completed garden of an estate incorporated many elements that worked together as a whole to bring about a total design.Elements representative of estate gardens in general included the following list.Phelps incorporated these elements into the gardens he did in the area. 0 Geometric forms and fanciful garden shapes such as a four leaf clover 0 Borders of the gardens and lawns were often hedges 0 Color coordinated gardens 0 Architectural structures as focal points of the garden area such as gates, gazebos, garden houses 0 Rose gardens 0 Perrenial gardens 0 Garden walls or hedges as enclosures that define "outdoor" rooms 0 Water features such as pools and fountains 0 Large canopy trees 0 Highly manicured lawns In developing gardens incorporating these elements, Phelps paid particular attention to proportion, or the relationship of one element to another.Phelps was concerned with "the scale with which one thing is related to another, the house with the lawn, the gazebo with the rose garden, the pool with the terrace or the steps with the wall."It is the Committee's desire to continue this tradition of "proportion" with the Noerenberg site.This concept of spatial relationships can be seen in the proposed plan for the garden in the transition from the visitor center to the formal floral display area^ to the manicured estate grounds• to the more natural edges of the estate.The plan includes several elements of architecture as focal points on the estate including the visitor center and memorial arbor, the lakeside gazebo and the grape arbor.Additional architectural features are anticipated including a pool,fountains, benches and observation platforms. B.CONCEPT PLAN FOR N0ERENBER6 MEMORIAL COUNTY PARK - "A TRADITIONAL ESTATE GARDEN" 1.Design Considerations and Site Analysis In looking at the vegetation and topography of the Noerenberg site with the intent to develop an estate garden, special consideration was given to the following features or characteristics of the land: a.Open, Sunny Areas:Up to five large areas of this type are evident on the site.Their specific features range from good to poor soil, flat to sloping terrain, major relationship to the lake as opposed to that of the road,existing gardens to natural area.Suggested uses,depending on particular area, could include gardens, lawns, parking or water features. Low, Wet Areas: The land characterized by this feature is close to the road and is occasionally flooded.Suggested use is extensive planting of low maintenance plant materials and for a possible natural water feature, c.Open Understory with Mature Canopy While much of the vegetation of this type is close to the lake, some of it does . . extend north to the road.These areas Include mature trees. steep slopes, and a willow allee.It is recommended that no major construction occur within the driplines of the trees. Possible uses could include shade plantings and/or manicured lawns creating the feeling of wide open spaces with paths for circulation and benches for sitting. d.High Points:There are four high points in the park, each with unique characteristics.They are potential sites for areas overlooking the formal garden, the rest of the estate or the lake. 2.Major Components of the Plan In looking at the existing features of the Noerenberg site and the design elements of estate gardens discussed previously, two distinctly different concept plans were developed.The first of these, "A Traditional Estate Garden,” is recommended.A second "Modified Estate Garden" concept with a long drive through the park with parking near the channel was also considered.The "Traditional" concept is recommended by the Committee.It includes the following elements and features; a.Entry:In a traditional estate garden, the entry was important as it gave hints of the garden to come.In this concept, the driveway is short with entrance thru a "grand gate" indicating the "elegance" of what is to follow.The drive and entry takes the visitor to the visitor center first, as it would take a guest to the home.Landscape plantings near the entrance and along the road to the east will add to the _•• The present entry point would be retained with another pillar added to the east creating separate entrance and exit gates. Additional landscape plantings would be added to enhance the "grand gate"feeling.The parking area would be limited to space for 50 cars.Bike and "walk in" access would also be available at this point.The drive and parking area are limited in size to minimize "hard cover" on the site. b.Visitor Center: A visitor center of approximately 1,800 square feet is proposed.It will be the first thing experienced by visitors coming into the garden off of County Road 51.The center should include a lobby and reception area, and a classroom/lounge capable of accommodating up to 80 people.Restrooms, a small office and area for storage area provided.An outside patio is also anticipated.The architectural style should recall that of the former house that should also be replicated in the memorial arbor. c.Formal Garden:The formal garden starts from the visitor center.Several key characteristics anticipated in the formal garden include: 0 A carefully t'?signed sequence of experiences 0 Enclosures M’-imate spaces 0 Formal beds in geometric designs with color schemes 0 Views to other architectural features, the manicured grounds, and the Lake 0 Use of garden jiV noctures: benches, arbors, walls. terrace, pools and fountains *> Special consideration will be given to selecting plant materials and garden features that will be of Interest on a year-round basis. Plant materials that hold fruit over winter or with color or texture of Interest In the winter will be considered In developing specific plans for projects to occur within the formal garden area. d.Manicured Grounds; The visitor, after spending time In the formal garden, would then proceed to the manicured lawn area.Characteristics of this area include: 0 Mowed lawns under large canopy trees 0 Shrub massings for color and texture 0 Blankets of early blooming or shade tolerant flowers In the lawn 0 Crisp edges 0 Paths and benches as architectural features e.Natural Area:The visitor experience from the manicured grounds then proceeds to the natural area at the edge of the Estate.Characteristics Include: 0 Recreated forms of natural plant communities requiring low maintenance 0 Paths and observation platforms allowing viewing of the Estate and Lake An added benefit of this area of the site would be to provide a vegetative and visual buffer from the Lake channel and road that It borders. f.Evergreen Buffer:Consistent with Mrs. Hoppe's will the area east of the parking lot to the boundary of the park will be planted with evergreens to buffer the neighbor to the east. The mass of plantings will also include other plant materials to add color and texture of interest. g.Memorial Arbor;The existing arbor should be removed and replaced with one replicating the architectural style of the house.Specifically, the memorial arbor should recall the feeling of the porch and utilize the pillars salvaged when the house was razed. h.Gazebo;The boathouse/gazebo is being restored in 1985.The top story will be a pleasant place to rest with panoramic views of the Lake, formal garden, and the remainder of the Estate. i.Maintenance Services;A small work area and storage space is provided as part of the visitor center building.The storage of most maintenance equipment and large materials and supplies will be in the main barn across County Road 51. j.Irrigation System:The water distribution system will require some improvement as the existing system is antiquated and a maintenance problem.. 3.Capital Funding Capital funding for the development of the Estate Garden will come from several sources.Earnings from the funds given by Mrs. Hoppe in excess of annual operating costs as well as principal in excess of $1.? M will be used for development projects.In addition, the District will seek contributions from individuals, organizations. foundations, and corporations to finance the development of the park, particularly for sponsorship of specific features (fountains, pools, plaza, etc.) as called for In the concept plan. Preliminary Cost Estimates for the basic facilities of the plan (based on 1985 construction) are as follows: 0 50 Car Parking Lot, paved 0 1800 Square Feet Visitor Center 0 Water Distribution System. 0 Memorial Arbor 0 Utilities 0 Plantings (east side of property) Total $ 43,662 180,000 100,000 23,870 $402,532 These estimates are for the Item Identified only and do not Include extensive site work, landscaping, or related M>rk. In addition to the Items listed above as first priority for development to provide basic service to park visitors and to comply with specific provisions of the will, a variety of other development Is also anticipated. Items contemplated Include walkways, fountains, planting beds, walls, benches, and pools._No specific cost estimates are given as the design, size, and scale are not now determined. Approximately $130,000 of principal In the Noerenburg Fund Is available for capital Improvements. That, plus approximately $55,000 of excess earnings from 1985, can be Immediately available for construction of the above. . 1111111 , , 11 , ,I,.,, 11 i! j j ,1 1^I ' 11H 1 I i!!!!! I!!!! i I j 111! I! ii Iillii.................................... I 4;.\. •••;•, \ \ \w \ V. ; ; \‘M ‘ V j : • • . • .................... .............................. . . ....................................... .........' /■*■*'* y i ; : s : ^..::rT—-- y y , \ ............—....... ......................... .............— ........... .•,*.*» ( < , \%<'y. •• ( UU ‘v-X-rf/ •• \l K..V.-- ••• Xv-V . .• V. V ri. 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I, X% C.OPERATIONS PLAN 1.Target Audiences The District has the opportunity to focus thf? programs and services it offers at the Estate Gardens at various target groups.Target groups include garden clubs and other horticultural groups, school groups, and senior citizen groups.By focusing on the specific interests of these groups a clientele will be developed. Educational and historical displays, exhibits, tours, and other programs describing estate gardens, the Noeren’jerg Estate and the lifestyle of the Lake Minnetonka Area will be developed. Public use of the area will include general public strolling through the Estate with the visitor center as the focal point at which the visitor will get a general orientation and/or specific information on the Estate. 2.Programs There are many programs that could be incorporated into the t'state Garden to provide for more pleasurable and educational experiences for visitors of all types.Possibilities include; 0 Slide presentation regarding estate gardens of the past; highlighting unique features of several gardens 0 Displays and classes for floral arranging, drawing, art, etc. 0 History of Eddie Phelps and other formal landscape architects and their work in the Lake Minnetonka area 0 History and pictures of the Noerenberg home and its original garden and lifestyle in cooperation with existing historical societies. I 0 Explanation of the layout and development of the Estate in the past and current plan "Planned guided tours through the Estate with interpretation directed at the history of the garden and the estate gardens of the Lake area 0 Public events celebrating the gardens of the past 0 Selected private affairs such as weddings Program efforts will be adapted to the specific target groups.For instance* a garden club could incorporate into their visit to the Estate a presentation by one of the gardeners about the various types of flowers in the garden and how they were cared for by Ray Ford.A school group could focus on the history of the garden with special activities designed especially for that group by a park programmer. 3.Public Hours of the Estate Garden Proposed hours for the park: Peak Season (May through October) 8 a.m. - 9 p.m. -Daily Off Season (November - April) 9 a.m. - 5 p.m. -Weekends/Holidays 4.Staff Staff will be needed in the following areas: Attendants:A number of seasonal employees will be necessary to assure the smooth operation of the park.These positions include garden attendants, and visitor center receptionists. Fees and Charges:These could Include special program fees. rentals, etc*It is recommended that there be no parking fee because Mrs. Hoppe gave su ficient funds to finance the public's general use and enjoyment of the Estate. Gifts, Contributions and Sale of Materials:Additional eifts may be possible for specific projects.Examples may include a book on the Estate Gardens of Lake Minnetonka for sale in the visitor center, exhibits or displays, or the sale of art work related to the Garden. V.THE AREA NORTH OF COUNTY ROAD 51 A.THEME:" “THE NOERENBERG NATURE AREA" In her will, Mrs. Hoppe indicated that the land, north of County Road 51, should be "managed in its approximate natural state as a place whefein wild fowl and other wild game will be allowed to congr*egate on this land as a natural area..." Attention must be given to how this area will be developed and maintained. B.CONCEPT PLAN FOR THE NOERENBERG NATURE AREA 1.Major Components a.Landscape Plantings Natural plant communities will be enhanced here with emphasis on color and texture for visual Interest as well as their ability to attract wildlife. b.Hiking Trail A hiking trail will be developed out to the point.It's emphasis will be on enhancing the natural feeling of the area JiiiltJhuOLUdh__ ii F6GS flnd Ch6rg6Si Th©S6 could Include speclsl proQrdin fees. rentdis, etc.It is recc'mended thet there be no perking fee because Mrs. Hoppe gave sufficient funds to finance the public's general use and enjoyment of the Estate. Gifts, Contributions and Sale of Materials: Additional gifts may be possible for specific projects.Examples may include a book on the Estate Gardens of Lake Minnetonka for sale in the visitor center, exhibits or displays, or the sale of art work related to the Garden. V.THE AREA NORTH OF COUNTY ROAD 51 A.THEME:"THE NOERENBERG NATURE AREA" In her will, Mrs. Hoppe indicated that the land, north of County Road 51, should be "managed in its approximate natural state as a place wherein wild fowl and other wild game will be allowed to.congregate on this land as a natural area..." Attention must be given to how this area will be developed and maintained. B.CONCEPT PLAN FOR THE NOERENBERG NATURE AREA 1.Major Components a.Landscape Plantings Natural plant communities will be enhanced here with emphasis on color and texture for visual interest as well as their ability to attract wildlife. b.Hiking Trail A hiking trail will be developed out to thG point.It's emphasis will be on enhancing the natural feeling of the area without violatinc the wild charaetpr c.Parking and Access A 12 car gravel parking lot is planned with additional overflow parking on a grass surface. d.Obervation Focal Point The northwest corner of the main barn should be utilized as an area to observe wildlife and the lake beyond. Special plantings should be planned near this area so as to attract wildlife for viewing by Nature Area visitors. Much of the remainder of the barn will be used as space to store maintenance equipment and materials to carry out maintenance functions. 2.Capital Funding for the Nature Area Capital costs for this portion of the Park will be minimal. Preliminary cost estimates are as follows: 0 12 car parking lot 0 Modifications to the barn 0 Trail development 0 Landscape plantings TOTAL $ 5,000 15.000 5,000 25.000 $50,000 C.OPERATIONS PLAN The Nature Area will be open the same hours as the Estate Garden. Most visitors will use the area "on their own" without staff assistance.Limited programming could include:guided wildflower walks and early morning bird-watching.Staffing will consist of maintenance and security personnel.Both will be done by personnel hired for the Estate Garden portion of the site. .*• •''t" ♦ WILL CF LORA N. HOPPE I, LORA N. HOPPE, whose full name is Lora Noerenberg Hoppe, of Hennepin County, Minnesota, make and declare this my will, and I revoke all wills and codicils made by me prior to the date of this will. ARTICLE ONE m I ■ ■ II ■ ■ ■ ■ ■ ■ I w I direct my executors, hereinafter named, to pay all of my funeral expenses, expenses of last illness, claims allowed in the adminls- tration of my estate, federal and state income and gift taxes owed by me at the time of my death, expenses of the administration of my estate and all death taxes of any character (including interest and penalties) imposed by « reason of my death with respect to any property* treated as a part of my taxable estate for purposes uf any such tax. My executors shall not recover any portion of any such taxes from the recipient of any part of the property constituting my taxable estate whether disposed of by this will or not. ARTICLE TWO I give the following legacies to those of the following persons ) who survive me: A.To my sister-in-law, CLARA SMITH (Mrs. Archie K. Smith) now living in Willmar, Minnesota, if she survives me, the sum of Five Thousand Dollars ($5, 000. 00). • B.To G JSTAV DELCOURT, of Minneapolis, Minnesota, if he survives me, one thousand (1, 000) shares of Grain Belt Breweries, Inc. capital stock. C.To ARTHUR IIARTLRT, of Minneapolis, kiinnesota, if he survives me, one thousand (1, 000) sliarcs of Grain Belt Breweries, Inc. capital stock. If lie docs not survive me, then I give said shares to his wife, FLOR-A IIARTERT, if she .survives me. 1 >■'1 D.To the* LTNIVERSITY OF MINNESOTA, for museum purposes, all specimens of moose, ducks and other birds now contained in my homo on Crystal Bay, Lake Minnetonka. E.To ARTHUR IIARTERT, FLORA HARTERT, and EVELYN STANIUS, jointly and absolutely, or to the survivors or survivor of them, all of my furniture and household goods, personal effects and ornaments, excluding therefrom, however, those small remembrance items disposed of by a list left with my attorney, Henry W. Ilaverstock. F.To RAY FORCE, if he survives me, any and all automobiles and all tools, machinery and contents of the outbuildings on my homestead properl^j^Qn Crystal Bay and Maxwell Bay, Lake Minnetonka, abso- lutel3^/one thousand (1, 000) shares of Grain Belt Breweries, Inc. capital stock. • G.To ELVERA ERICKSON, of Mound. Minnesota, five hundred (500) shares of Grain Belt Breweries, Inc. capital stock if she is in my employ at the time of my death. H.Except to the extent, if any, that I have made gifts or suggested gifts under tliis Article and \inder ARTICLE THREE to relatives, I have not made and do not make any provision for any other gifts to them. ARTICLE THREE I have left v/ith my attorney, HENRY W. HAVERSTCCK, a memorandum dated April 8, 1968, containing directions as to disposition of certain items, % and I direct my executors to carry out my wishes as expressed in tljat memo randum, except only that the gift to MARGARET DELCOURT shall be • • stricken therefrom, and I have added a gift to CLARENCE STELLMACHER •' » s to said memorandum. ARTICLE FOUR n A.I give, devise and bequeath all of my real estate in Section D, Township 117, Range 23, Hennepin County, Minnesota, North of the center lino of County Road No. 51, at Lake Minnetonka, subject to a life estate in favor of RAY FORDE in two and sixty one hundredths (2. GO) acres thereof described as follows: Commencing at the intersection of tlic center Une of County Road No. 51 with the center line of French Road, s called; thence Westerly along said County Road to the West ’.me of Lot Four (4); thence North to the Northwest corner of saici Lot Four (4); thence East on tlie line of said Lot Four (4) to tlic center li.ne of said -''IF •■» o o *N h French Road, so-called; thence Southerly along said French Road to beginning, Section 9, Township 117, Range 23, Hennepin County, Minnesota. whereon is situated the dwelling house in v/hich said RAY FORDE no./ lives, to MINNESOTA CHAPTER of THE NATURE CONSERV.\NCY, INC., a charitable corporation, with the request that the same be operated and managed in its approximate natural state as a place whereon wild fowl and other wild game will be allov/ed to congregate on this land as a natural area. It is my hope and expectation that the MINNESOTA CHAPTER of THE NATURE CONSERVANCY, INC. shall maintain and operate this property on an admissions basis or by other proper and suitable method, if compatible with the stated 'ase, whereby sufficient revenue will bo obtained for the conduct of a game refuge area. If the devise and bequest under this Paragraph A of ARTICLE •• FOUR set fbrth above to MINNESOTA CHAPTER of TIHS NATURE «• CONSERVANCY, INC., a charitable corporation, is not acceptable to it, then I give, devise and bequeath said properly to HENNEPIN COUNTY PARK RESERVE DISTRICT upon the same terms and conditions as set forth herein- • • above. If the devise and bequest to HENNEPIN COUNTY PARK RESERVE DISTRICT is not acceptable to it, then I direct my executors to cause a charitable corporation to be organized, with a perpetual charter, to receive the devise and bequest under tliis Paragraph A of .‘VRl'ICLE FOUR, upon the same terms and for tlic sa-mc piu poses as set forth hereinabove, s:.id corporation to be known as "NOERENBERG NATURE AREA, INCORPORATED " or other suitable name incorporating the words "NOERENBERG NATURE AREA, " and such corporation shall be authorized by its articles and by-laws to receive said devise and bequest and administer the .same as a nature area -3- 1 (]■ in the same general manner as proviUed above in this Paragraph A of ARTICLE FOUR, for the use of the public under such rules and regulations as said charitable corporation shall prescribe, for public purposes. B.I give, devise and bequeath all the residue of my personal property and all of my real estate in Section 9. Township ll7. Range 23. Hennepin County. Minnesota. South of the center line of County Road No. 51 and located adjacent to and along Crystal Bay. Lake Mimietonka. to HENNEPIN COUNTY PARK RESERVE DISTRICT, absolutely, as a special gift and bequest to be known as ‘'Noerenberg Memorial Coumy Park Gift." for the purpose of establishing a memorial park in memory of my father.-Frederick C. Noerenberg. and my mother. Johanna Noerenberg. to be known as "Noerenberg Memorial County Park. " pursuant to the provisions of Chapter 512 of the Laws of Minnesota for the year 1961 and other applicable laws of the State of Minnesota covering the establishment of public parks. Said land shall be operated and devoted to public park purposes as an arboretum for flowers., shrubs and trees, with suitable pathways and decorative features. I direct that the said HENNEPIN COUNTY PARK RESERVE DISTRICT, in utilizing this Crystal Bay area for general display garden purposes, use the earnings of the funds which are given herein to the District for the purpose ♦ of maintenance of that area. This indication as to use shall not imply any authority whatsoever in the District to use the land forjiicmc^purposes, for camping, for boat or water craft launching, or for any^uses.incompatible with that of a general dU^play garden area,, 1 request that RAY FORDE, if living at the time of my death. be employed as superintendent of this garden area on <.^vystal Bay. 1 request tliat the HENNEPIN COUNTY PARK RESERVE DISTRICT plant evergreens and other suitable shrubs indigenous to our climate in Uiat area of the property tlescribed under this Paragraph B of ■ -<1- « • t ARTICLE FOUR which is South of County iUghv/ay 1 and East of the present dwellinij house and extending East from tlie house as far as the lino of the Webster property on the East of this land. It is my hope that the District will thereby improve and beautify the area for the purposes •• above stated. I direct that my executors shall have the dwelling house on said land demolished as soon after my death as possible, and have erected on the site where the dwelling stood a suitable arbor of modest design, wrierein or whereon a plaque shall be placed v/hich shall be engraved with the following sentiment: "Noerenberg Memorial County Park Is'Dedicated to the Use of the Public in Memory of the Frederick and Johanna Noerenberg Family Who Once Lived Here. “ If the devise and bequest as set forth under this Paragraph B of ARTICLE FOUR is not acceptable to said HENNEPIN COUNTY PARK RESERVE DISTRICT, then I direct that my executors shall cause a charitable corporation to be organized with a perpetual charter, to receive this devise and bequest. Such corporation shall be named "NOERENBERG MEMORIAL PARK, INCORPORATED, '* or a suitable name incorporating « # the words "NOERENBERG MEMORLA.L PARK, " and shall be authorized by its articles of incorporation- and by-laws to receive said residue of my estate, real and perso:ial, and administer the same for public park and recreational purposes in the same general manner as set forth under this Paragraph B, all to the end that the public shall be entitled to use said land freely for the purposes indicated above. ARTICLE FIVE I nominate ARTHUR ILVRTEiRT and HENRY W. HAVERSTOCK as executors of this my will. I request Uiat none of my executors be required to furnish bond as executor in excess of the sum of Twenty-five t * 'll ‘4 -5- • • a Thousand Dollars ($25, 000. 00). If either of the persons named as executor be deceased or be unable for other reason to .serve as an executor, then the remaining executor sliall act as sole executor, subject to the qualification that if said HENRY W. HAVERSTOCK be unable to serve, then « LARRY R. IIENNEMAN, in the first instance, or some other member of the firm of Cant, Ilaverstock, Gray, Plant tt Mooly shall bo appointed as executor in place and instead of said HENRY W. HAVERSTOCK. IN TESTIMONY WHEREOF, I have on this day of March, •# 1970, hereunto set my hand and seal. t ■ J * ■ ‘ *• *» 0 <' The foregoing instrument, consisting of six (6) pages of typewritten matter, v/as on this 7- ? day of March, 1970, signed at the end thereof and on the margin of the first five (5) pages of typewriting by the above named LORA N. HOPPE, in the presence of us and each of us, and the same was by her declared and published as her will in the presence of us and each of u.s, and at her request and in her presence and in the presence of each other v/o have this day hereunto subset ibed our names as attesting witnesses thereto., ifil Iv.,at HI. CP-'<- 'y' Dl // Im •Residing at ^ / (?i '^hResiding at------ ------------------------------^ 5 -6- Absent s Mickey Goldman Mrs. Henry Doerr JoEllen Hurr HMPRD Staff: Marty Jessen Don King Judy McDowell Interpi'etation of the Will Dick Bray opened the meeting by referring the committee to a series of letters between himself and Russ Dennett, an attorney providing legal advice on his interpretation of the intent of Lora Hoppe's will- (Copy attached). Gray reviewed the letters for the committee, focusing on the following points made by Mr. Dennett: 1.The tvjD separate por*tions of the park were designated for two separate uses- The north portion is clearly intended to be a game refuge and should be developed as such. Gray mentioned a facility in New Yord-; that haid been successfully developed into a bird observation area for thw. public while remaining in its natural state. This was accumpl ? shed througfi the use of large picture windovjs and microphones that allowed the visitors to hear as well as see the birds, yet provided a buffer between them. 2.Only earnings of the funds should be used for maintenance of the pat k -with principal retained for investment. 3.No restrictions in the will v^jere defined as to where the funds could be invested. However, Marty Jessen stated that the District has legal restrictions as to where it can invest. 4."Maintenance" was defined to include modest improvemetits. Deritiett referred to walking paths, labeling of plants and signs as*• examples, 5.Poating w:s cle£\rly not intended to be part of the nark activities. This includes both launching and aocking. 6. The typv? of ga-den was not specified in the will. A single tl\enie garden would be appropriate as would any combinations of "thomc?s. " il 7, Although raising large amourtts o-l ^oney for the purpose of improving the park was not contemplated in the will^ E<ennett is against it as it could result in a change of character in the park. Gray summarized this section by stating that the will clearly intended Noerenberg Park to be a low-key although well-kept place to visit. V.« Comments on the interpretation of the will centered on whether funding for the park as indicated in the will V'^ould be enougli to provide for a well-maintained pc\rl;. Qu.estionss included: Could county funds be used? Could basic facilities such as a parking lot or restrooms be constructed from the earnings? Jessen stated that earnings could be I120,000/year. Dporatina expenses in 1935 total :^77,0C0. Is the interpretation too narrov>»? Glen Ray stated that Bennett's interpretation of the will seemed to be in conflict with the i nterpretat 1 on of the original co-mTu’ttee^ Gray 3u.ggG?sted that further efforts at interr'»v elation be investigated. He requested that members of the committee take time to review the will and Bennett’s interpretation themscd.ves. !-le also suggested that the county gain additional insight into the intent of the will by way of ar> interpr'etation by the County Attorney's office. A r b o r e t u. m H o m e Demons t r a t i o n G a r d e n s:_ Hike Heger made a presentation on the hlome Demonstration Gardens currently bcoing developed at the University of Minnesota Landscape Arboretum. The philo;sophy of the gardens is to display small garden spaces that homeowners can easily relate to. Themes included fruits and vegetables, kitchen herbs, dwarf and small growing plants, wi^ldf 1 Ciwor3, etc. It was stated that the concept of the Home Demonstration garden was also conceived by the original Noerenberg Committee prior to the Arboretum's beginning its plans. Themes!! GrG^y opened up discussion for ideas from the comnittsa as to themes that might be incorpoi"atcd into the gardens. Ideas included: Victorian □Id English Minnesota native plants Winter gairden Estate gardens It was suggested that resources for the? garden planning and design be an individual or firm of national significance. Jessen suggested that these terms be defined for the next meeting in order that a distinction be made between them. % V i GevertU landmark gardenis referred to during the diecusoion included: {jJ-LI-l i-^ n> g burg, Virginia — colonial, early American gardens of French influence, very formal. “• Winston Churchill's home, England ■“ emphasis on greens, very typical of English countryside; public allowed to walk anywhere Note A correction was made in the ^4ov. 1 minutes tf'erring to J. Diann Goetten s report to the committee on City of Oronu zoning standards. Omitted from the report was a statement indicating that standards pertaining to hardcover and setbacks may be waived by obtaining a variance from the city. Ne;;t me^^ting: Thursday, December 27, 4 p.m. Freshwater Biological Institute M -W 4 OfUctri: Ric^f'd C Cfay. Sf . Ch^ttfrtsn Dr RicKjfd S Caldecott. Vice Chatman George 1. Penntxk. V#cr Chairman tindvay C Aflhyf. fr.. SecfeUry W.Duncan MacMillan. Treasurer Dt. JoyepH P. Roynllon. Pteyidvnt FRESHWATER FOUNDATION November 7, 1984 Oireclon: Srwalt D. Andrews. |r. lirnfsay C. Arihor. |f. Roger L. Baker William M. Baker Raymond D. Black William M. Bracken Df. Thomas t. Brunelle Mt>. Herbert w. Buicher Mr. Russell M. Bennett Dr. Richard S. Caldecott i'J 2500 Shadywood Road* P. O. Box 90 Navarre, Minnesota 55392 (612) 471-6407 Mrs. Benton |. Case Daniel C. Chaboi Henry Doerr Kingsley Foster Richard C. Cray. Sr. lames L. Heflarsd. |r. Mrs. John O. Irvine Dr. Joseph T. Ling W. Duncan MacMillan David T. McLaughlin Charles M. Moos lari H. McHiman George T. Penncxk Cray, Plant, Mooty, Mooty t Bennett 3400 City Center Minneapolis, MN 55402 Dear Russ: I'm chairman of the Noerenberg Memorial County Park Advisory Committee. This committee is newly formed for the express purpose of advising the Hennepin County Park Reserve District regarding the further development of the Noerenberg property on Lake Minnetonka under the terms of the Mrt. Williamc. Phillips Will of Lora N. Hoppe. Dr. Dean K. Riaer Mrs EdwardR.Titcomb The Committee is determined to follow the explicit intent of Mrs. Hoppe Thomas i. warnei Under her wlll. We therefore would appreciate your legal opinion as MIS.warder.Wheaton wording of the will, and - even more important - her intent when making the gift under the will. As I see it, the "North" property is clearly for the purpose of a game refuge and should be "developed" as such. She foresaw the charging of admission and using the revenues for "conducting" the game refuge. Question 1: What constitutes "conducting?" The "South'* property poses lots of questions. It's clear the property should be a public park for garden purposes, utilitzing the concept of an arboretum, which is "a place for scientific and educational growing." It's not clear to what extent certain uses can be applied, nor just how the monies can be used. Question 2:Can only "earnings" of the funds be used? Does this Imply no principal can be used? Question 3:Are there any restrictions. Implied or otherwise, on how or where the funds can be invested? Question 4:Can the earnings be used only for "maintenance," or can some sort of improvements be done, other than maintenance? What are the limits of "improvements?" Question 5:Can a boat dock be installed on the shoreline to be used by visitors coming by boat, but not launching boats? # I '■x: L ^ »i» \ ' ■*'< ^ f. .; li ' K If.t-'ir ! <8 Mr. Russell M. Bennett November 7, 198*1 Page Two Question 6: Can the "garden" be a special one, even to the extreme of having only one species of planting? Can it be only a "winter" garden, or only an "iris" garden, for Instance?" Question 7: Can funds other than Mrs. Hoppe's be used to expand or improve the property? Could "millions" be publicly raised and spent on the property? It bothers me that the character of the property could be circumvented by the use of outside money. Your written opinions, addressed to the committee, would be appreciated. It may be I have not listed all pertinent questions that should be raised. Please feel free to add any other opinions that would be helpful to the committee to clarify any areas of interpretation regarding the language and/or intent of the will. Thanks. Regards^ Richard C. Cray, Sr. nh k r *J M •NOV -‘91984 ries»tv.a lKii)(j|g GRAY, PLANT, MOOTV, MOOTY & BENNETT A ^ARTNCMSMir INCLUDING ^NOfCSSlONAL ASSOCIATIONS ».«aOiO C C***« m WAVC *SVOC •!••••* ••VVl LAV OFFICES C«**. ^LANI,MOOTV * liClMlvttT,* A. r«AM*iMv O OAAV r«*Ma Mr MtAMT. ^0**M Mr moot* MCiVrM • MOOW AwAtCii M ACMMCTT CitMTOM A AC mAOCDCA COwAAO V CA.iAMAM.jA JAM|» • ••MOMtOM A iC mAMO M ri«MV~. MlC*>«Ci A tUii'VAM CuATit O TOAftiUMO A iC maao a aoatmam AAvCC O CAutSrMC C t«|vCM MriitOM JO-- ■ CAOUCM OAVIO T. ACM mCTT tOM*M C.CAAACMTfA iiMOiCv • AAAMftOPr jOmm «» fMiCi MOCi A. MU'.iC A •OAAiCi A tMUiMAM C u CC mC a 0*iT AMOAC m C tCiOCN A iC maMO A.MOOAC.JA JamCA a iAMOC •*CA mCM j AM vDC a jrrfACT J ACTCft AAuCC AA u OCA MliilAM i aiiilOA JOMM m ^AMtt Ci'lAACtM M M0A«0M JOMM O M«tMANC OAVIO A ■ t ii* OaviO Mr OA avCS,WA>. JOmm C. AAO mC a AAMCiA M MCA«iC tMOMAS OAAitMO TMQMAft j AAT«N JAMCS A vote JOmm M MiCMOiS 3400 CITY CENTER THIRTY-THREE SOUTH SIXTH STREET MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 612-343-2800 TELECOPIER 612-333-0066 TRX 910-576-2778 1650 UNITED DANK TONX'ER 3300 NORTH CENTRAL ANTNUE PHOENIX,ARIZONA 85012 TELEPHONE 602 • 277-S06I TMQMAt A MliMCiMV AAilOMA O^riCt OAViO M moot*tOMAAQ r iOwAV. JM* AtCMAMo A MACaftt •JCTratv A AA00»C**« OCOACC M AOwiC J.MOiANO TA amI** AiiOv AO mACCA OaviO C au TmCA.* «»Ui«AM o AiCiM ACTCA m, JAAOAI •• amdacm a atAiiM jAMCi A AAii ACMt A MaMAOA A wA am i AffCAi or COUMACi JOmm i aACMM AOACAf L.mCLLAMO 0»iAM j McraAiAMO AOACAV A ATC*M A tavmC O ATAwAiC MAAI ma a.maa DC VCM iVMMC t ATAMiC* DAVIO M CO*MC A*C»MCM A C'OC .I—.. MrCMACi C fiOM ' OAViO c ■ AAMit ***** A AAafA •A r»a«#MM«*#i ». •u.c.e~ C XAAOmO •••M.AA..AIA LAUA a j m(im ^**'Li*A AOMi All OlAatf AtfM»t(a4 iA IMaava^m REPLY TO MINNEAPOLIS OFFICES DIRECT DIAL (612)343-2848 November 8, 1984 Noerenberg Memorial Park Advisory Committee Fresh Water Biological Institute Box 90 Navarre, Minnesota 55392 Attention; Dick Gray TO WHOM IT MAY CONCERN: Our law office represented Mrs. Hoppe during her life time and Henry Haverstock of this office had occasion to draw her Will which established the Noerenberg Memorial Park. It is my opinion that the Will speaks for itself and that the language contained therein is very specific as to what Mrs. Hoppe wanted and what she did not want. On several occasions she and Mr. Haverstock invited me into their joint presence to understand the general outline of her estate plan. I recall that she was very adament that she did not want any overnight camping, picnicers, boat launchings or anything that would cause a large amount of traffic, either by water or by road. She did not want docks or bouy anchorage or any kind of activity that would put a strain on her concept of a quiet, contemplative nature-oriented "quiet place". She was interested in trees, shrubs and flowers. She was not interested in loud noises, rock concerts, picnicers who left debree and maintenance problems, or people whose primary interest was using the lake or using boat-type facilities. She wanted it to be a place for people who appreciated birds and flowers and quiet areas. While this idea may seem unique in this day and age, nevertheless, that is what she wanted and she was very firm about it. ’a Page Two November 8, 1984 She left the residue of her estate to the Hennepin County Park Reserve District as an endowment to finance the maintenance of her grounds and to remove the existing structure. When she said "earnings''/ she meant exactly that, i.e., that the earnings, meaning the interest and income off of the endowment, could be used to maintain the area. This would include, in my view, main tenance of existing structures other than the house such as the gazebo. But it would not include invading principal for permanent improvements. If there is excess income, it could certainly be used for creating paths, quiet areas, new planting, etc., and preventive-type maintenance on existing shrubbery, flowers and trees. fi From what little I know of it, it sounds like your Advisory Committee Task Force is a well-diversified community group of good citizens. Its input should be very helpful to the Park Reserve District in fulfilling Mrs. Hoppe's wishes. Very/^truly yours. Russell M. Bennett RMB/mp GRAY, PLANT, MOOTY, MOOTY & BENNETT MA«OiO O CAMT («••* •*•*>> MtMUV ». MAvfMtfOC* •HAV.MOOTir, WOOtV A •INMCTt,^. A. ••ICMACV ■.CUAA**#*^** ra*MA «r. AiAMt,CUOfAC P. OAtV jO«M «. MOOtv ANOPfw c. •CkOCM MCivtH ».MeovT mc***po a .mooac .^p. • UAttti M. SCMMltV P.k^AOC Ci»«VOA a .PC hPOCDCP StCPMCM ^.•WVOCP C0«A«0 J. CAiCAMAW.jp JirVPCV J Af»f» JAMCP P.PimOMPOM PPwCC APWGCP PiC mAPD M.rciMt-M PMiilAW i AICCtOM MiCMACi p. PWCltVAM JOwM P JAWCP CUPt«9 o. POPPiUMD CiilAPCVM nr MOPtON •iCMAPO a . POWMAW JOMW O.M4PMAMC PPUCC o. PPUPPIWP OAPIO A ACiiV C.PVCPCM WICtOM OAVIO «. PPAVCP. JP. ^OMM p.CPOUCM J#MW C.PPOnrCP OAVIO t. PCMACTT PAMCLA M.MCPAiC COWIM C. CAPPCMTCP VMOMAP OAPilMO ilWOkCP •.PPAWtOW VmOMAS J. PATIM JOMM W.tMllC JAMtP A.vote POCi P.MUiCCP ^OmM M.MlCMOit A PAMTNCnSMIP IMCLUOINO C • ft lO N At AftftOClATlOMft LAW OFFICES 3400 CITY CENTER THIRTY-THREE SOUTH SIXTH STREET MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 612 •343*2800 TELECOPIEP 612-333*0066 TWX 910-576*2776 leSO UNITED BANK TOWER 3300 NORTH CENTRAL AVENUE PHOENIX. ARIZONA 85012 TELEPHONE 002 • 277*0001 NOV 13 1984 OAVIO M.MOOTV PIC ma PO A.HACACn OCOP6C «r tOUiC MILOV POvrPtCP PriitlAM O. AiC*M AMOPCnr P AitilA ■CMV P.MAMtOM •UtAM t. PtCAk ^OMM k.APCMW OViAM J MEPAPCAMO n»*VMC O. PVAUPiC CTMMC C PtAMWeV OAViO M. COVMC pve AMtH p. cioc MtCMAti C. PiOM DAVIO C. PAMiP PCVtv 0* PA«CP CiiCM w. OMVKlftM POPCPV C. mapoimo lAUPA J. MKIM PAPPAPA P. PtCCMAM PHICklP POMk cowAPo r. iowpv. JP * J.WOWAMO. rPAWl •• OAVIO C. AUTMIP •• PCtfP M JAPOtl** jAwet O.OAkk OP COUMtCi POPCPT l.MCLtANO POPCP1 A. PVCIM •A PlplOMPAAl AsAMPtrPA ••ApPtPvA »A ArtiAAO • •• AAMiMM »* A«t«««« omA W*a « A* On««0 AA«iII«4 Mt M«AAAAAP REPLY TO MINNEAPOLIS OFFICES DIRECT DIAL (612)34 3-284 8 November 9, 1984 Mr. Richard G. Gray, Sr. Chairman Noerenberg Memorial County Par)^ Advisory Committee 2500 Shadywood Road P.O. Box 90 Navarre, Minnesota 55392 o Dear Diclc: I wanted to write an additional letter to my last letter of November 8 to try to answer the questions you have raised in your letter of November 7. First of all, now that I see your stationery, I would feel even more strongly that you have an excellent committee. I had that feeling before, but I didn't realize there were so many outstanding people on it. Secondly, you are correct that the North property is clearly for the purpose of a game refuge and should be developed as such. Mrs. Hoppe had no objection to using revenues for "conduc ting a game refuge", but I am not exactly sure what is included in conducting a game refuge area. I would think it would be reason able to provide feeding stations for wild fowl and other wild game. I would think that if it is indicated by conservationists, it would be appropriate to fence the area to protect the wild game nests from certain kind of predators. I would think that it would not include extensive construction of buildings for artifi cial breeding of game or wild fowl. While this is done in certain Mr.- Richard G. Gray, Sr. Page Two November 9, 1984 parts of the country, I have the impression that this portion of her Will referred to "approximate natural state". To me an natural state does not mean that you turn it into a high-producing game farm. Question 2 - You are correct that only earnings of the funds can be used. In my mind, this means that no principal can be used. Question 3 - No, there are no restrictions on where the funds can be invested. That is in the discretion of the Hennepin County Park Reserve District. Therefore, they could, for example, invest in high-yield items to make as much income as possible. They could also invest in low income yield items, although I would not see much purpose in doing that since you can't spend principal. In any event, that is a decision that would be up to them. The instrument intentionally does not put limitations on how that is accomplished. Question 4 — Can the earnings be used only for "mainten ance", or can some sort of improvements be done other than mainten ance? In my mind, the earnings only can be used for maintenance and no principal may be used for maintenance. However, I think that if there is what might be termed excess earnings, meaning more funds available than are currently being used for the project, there would be nothing wrong under the Will in makingi modest improve ments that carry out her intent. As I said in my last letter, I think the addition of walking paths or modest improvements that would improve the quiet enjoyment of the place would be in order. That would include signs, for example, or labeling of different plants or bushes so the public could be educated thereby. Question 5 — Can a boat dock be installed on the shoreline to be used by visitors coming by boat, but not launching boats? In my mind, the answer to this one is clearly "no". The reason being this was discussed with Mrs. Hoppe, and she felt, as did we, that it would be impossible to enforce it in the sense that you wouldn't know which people were coming to use it for the intended purpose and which people were coming just to have a place to land and have a picnic, or a beer party, or whatever. Mrs. Hoppe was very anxious that the general character of the area not be changed, and she was particularly sensitive to the views of Mr. & Mrs. Leonard Carpenter, her neighbors, who also had conservation ideas similar to Mrs. Hoppe. I remember pointing out to her specifically that unless she wanted to have the Park Reserve District pay for ® time watchman, or other enforcement procedures, it would be very difficult to have a dock or bouy area that would accommodate true nature lovers coming to the park, as distinguished from people who wanted to come there for an all-night party, or worse. i iiJ Mr. Richard G. Gray, Sr. Page Three November 9, 1984 Question 6 - The Will certainly contemplated any type of garden that the Park Reserve District might want to put in. It could be a winter garden or a summer garden or some combina tion of both or several gardens. I feel the Will is quite open on this subject. Question 7 - The Will did not contemplate that additional gifts would be solicited or accepted for the property. While tuition could be charged or. the North part, she did not contemplate any dollars being publicly raised. The reason being that she felt that with acceptance of such dollars, would come a change in the general character of the neighborhood. She did not want to do anything that would cause undue traffic, either by water or by land. She didn't even want the parking lot to be a problem for the neighbors. It would be my opinion that the use of outside money would be a mistake. The program would have to comply with the terms of her Will, but I don't think it would make it a better place. TO; FROM: DATE: SOBJ: Planning Commission Michael P. Gaffron, Assistant Zoning Administrator May 16, 1986 #1022 Charles A. Schall, 605 Park Lane *- Variance - Second Review NOTE: Please item. refer to your April 21 packet material for this Planning Commission tabled this item to allow applicants and neighbors to consider a compromise to the height and extent of the second floor room/storage addition over the proposed garage^. Staff met with the affected parties on Wednesday, May 14, and no conclusions were reached, although additional alternatives were discussed. A solution might be worked out in time for the May 19 meeting. Any information submitted to staff Monday will be delivered to you at the meeting. A review of the site, and walking on the neighbor's deck, indicates to me that the neighbors concerns are mainly esthetic, i.e. they will feel "penned in" if a very high addition is constructed? they will lose view of the lake at the end of Park Lane although this view is minimal now; and there is a potential for midwinter partial loss of sunshine to the deck if the existing roof line of Schalls home is continued. ■ To:Planning Commission Members From:Michael P. Gaffron, Assistant Planning & Zoning Administrator Date:May 14, 1986 Subject: #1023 Rolla & Nancy Martin, 2675 Shac^ood Road Variance f Zoning District - LR-IB Application - Hardcover variance to construct a bedroom addition List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Plat Map Property Owners List Survey Plans, Elevations of Proposed Addition Existing 0-75* Hardcover Proposed 0-75' Hardcover Existing 75-250' Hardcover Proposed 75-250' Hardcover 0% 0% 26.8% 27.1% The applicants are requesting to construct a small addition which will increase the 75-250' hardcover from 26.8% existing to 27.1% proposed. The existing 0-75' hardcover is 0%. The hard cover on the property is mainly in the form of house, driveway and concrete patio areas with decks over. The requested increase is fairly minor, only 90 square feet or 0.3%. Although no trade off is proposed, if a trade-off were required, the most likely area would be to remove a 6.5' x 14* section of the asphalt backup apron. Staff recommends approval of the variance as proposed. j ) *7/ / 7/* CITY OP ORONO - VARIANCE APPLICATION Sd .vh-'n Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address S property identification Number (P.I.D.) C7(-[\(^^^ Please check one — Is the property _ _ _ abstract or >torrens? Please attach legal description to application if not included on required survey. APPLICANT •Name jCoUt\ 4- hiAkicU I'^j Mailing Address 1S~/u]I?V UJd/jp Phone UZ- 4j! - ay ^oULI^ '4 Phone OWNER Name __ Mailing Address )0^^O ^O'^/J . ~ 2' <Pd> (month/year)Date Property Acquired 4 xryy/ (Td^OF PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: .^ ^. A a / /iC0,haJ '^6 r.v(s_J^^^4 r,^\^ r VARIANCES REQUIRED Lot Area Lot Width ^ Hardcover Setback Variances (Front Side Rear) Other (OVER) HARDSHIP I Describe undve hardship or practical difficulty resultiiiq from strict--------------V. v./^ t^i-as^uiwai uxii..cu±ty resuitiing from strrx: enfo^ement of ,zoning regulat,i;pns:. 'o cCi. 7^v 75-' yc -2_a^,/■ 7 DESCRIPTION OF DNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: REQUIRED SUBMITTALS 1.Completed Application Form.i 2.Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3.Stamped r 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. APPLICANT'S SIGNATURE The applicant hereby agrees to provLde all^^formation required or requested by the Zoning Administrator ^ agrees t^/pay a^i^ce^ and/or unusual expenses incurred in review of this applicationr and^'ces^^i^w^s tJtiat th^information suoolied is true and correct to the best of, hi^/m s ^at^fhe-information supplied is true Applicant's signature OWNERS SIGNATURE Date y ^ a^r^s to this application and further To^rty by City staff, consultants, tmbers for purposes of investigation Owner's signature The owner hereby acknowledge^ authorizes reasonable ent. agents, commission members and verification of this Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. 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Ml Ofz z > Z 2 IM Z H 04 U HZ > z or- o o IMo S3 z m 3z H >so om • zM M» ^ O 04 Ml o a i * CcrtlfIcateof Survey for Rolla Martin /Tract A, Registered Land Survey fJo. 1453 Hennepin County, Minnesota o* leco^s^/f is-2s^ ^ 7hert is ct^rrc/)hf o wrtvy<r^ vJc^jtk ilv ih<, 0'7^/a»i z^/fc. is tjoinf A> tc rcjno^cd t 9o ■?^00*<^0 - 78^)0 i-r(. I hereby certify that this is a true and correct representation of a suri^ey of the boundaries of Tract A, Registered Land Survey Ho. 1453. files / of Registrar of Titles, County of Hennepin, and of / the location of all buildings, if any thereon, and/of the proposed location of a proposed tennis court. It does not purport to show any other improve ments or encroachments. COFFIN i GRONBERG, INC. Scale Date 0 1 inch = 30 feet Sepleiiiber /, 1985 Iron marker Mark 5. Gronberg Reg. Ho. 12755 Gordon R. Coffin Reg. Ho. 6064 Engineers and Land Surveyors Long Lake. Minnesota #1023 • 1 ,. J 177 . 1 $ ? I •.... I # ' ,i(.J, . -· • . • ? . ' ' . .. ,. 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L. , To:Planning Commission Members From:Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: May 15r 1986 Subject: #1025 Edward R. Henrich, 4115 Highwood Road - Variance Zoning District - LR-IB, 1-acre Application - Variances to lot area and lot width to declare lot as buildable 0-75* Lot Area * 3,900 s.f. 75-250* Lot Area = 4,536 s.f. Total Lot Area = 8,436 s.f. = 0.194 Acre Required Area = 43,560 s.f. = 1.0 Acre Variance * 35,124 s.f. = 80.6% Variance Lot Width (Average) = 43.5* Required Lot Width = 140* Variance = 96.5* = 69% Variance List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Plat Map Property Owners List Survey With Existing Improvements . Plat Map With Neighboring Property Sizes The applicants are requesting variances to construct a residence on this commonly-owned substandard lot. The Henrich*s live at 4125 Higjiwood Road,in their existing home on Lots 20 and 21 (combined). They purchased Lot 19 (4115 Highwood) with a small cabin on it in 1953, but never combined it with their homestead. The cabin eventually fell into disrepair, and was razed in 1975. Applicants state that they have always planned to build on this lot. This is a common ownership situation, and City policy since 1984 allows us to accept applications for separation of commonly owned lots, and review them on their own merits. However, we must also look at the historical usage of the property and how a separation will affect the adjacent commonly owned property, and how the property fits into the neighborhood. In this case, the applicants own Lots 20 and 21 totaling 0.46 acres, and Lot 19 of 0.19 acres, for a total of 0.65 acres commonly owned in this 1-acre zoning district. Separation would take 1 substandard commonly owned property and create 2 even more substandard lots from it, clearly not the intent of the Comprehensive Plan. Additional facts which may help you recommendation to the City Council include: in formulating a i Zoning File #1025 May 15, 1986 Page 2 of 4 1.Lot 19 has a sewer stub available and has been fully asessed for 1 sewer unit. 2.The tax valuation of Lot 19 and the land value for 4125 Highwood (Lots 20 & 21) is as follows: Tax Year A.4115 Highwood Road (value of land only)(Relative (.19 acre) Factor A4B) B.4125 Highwood Road (value of land only) (.46 acre) 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 $20,000 20,000 18,000 18,000 16,400 15,000 13,200 9,900 8,700 7,623 7,030 9,800 (w/cabin) 9,765 (w/cabin) .23 .23 .25 .25 .25 .27 .38 .46 .53 .66 $85,000 85.000 73,200 73,200 66,600 55.000 34,900 21,400 16,300 11,495 -(not broken down) This demonstrates that Lot 19 has not been taxed as a buildable lot since 1980 +/~, but has been taxed based on its value as extra land for the house at 4125 Highwood Road. 3. Highwood Road (1986 valuations)•• . 4051 Highwood Road —.51 ac $78,700 4075 Highwood Road -.34 ac 55,000 4079 Highwood Road -.24 ac -50,000 4091 Highwood Road -.24 ac -50,000 4099 Highwood Road -.25 ac -50,000 4101 Highwood Ro?'’-.22 ac -50,000 4105 Highwood Roc -.22 ac -50,000 4109 Highwood Roa«.-.45 ac ••60,000 4149 Highwood Road —.25 ac 50,000 4156 Highwood Road -.25 ac —50,000 4167 Highwood Road -.25 ac -35,000 4175 Highwood Road -.25 ac -47,500 4195 Highwood Road —.83 ac —95,000 NOTE that Lot 19 is Highwood Road. smaller than all other developed lakeshore lots on Zoning Pile #1025 May 15, 1986 Page 3 of 4 4.In the LR-IB Zoning District, as of 1984; -657 existing developed single family residential units -634 of 657 (or 96%) meet or exceed 0.20 acre -508 of 657 (or 79%) meet or exceed 0.40 acre -23 of 657 (or 4%) are , less than 0.20 acre 5.Recent lot area/width variances granted to common ownership lots: Hmstd Lot Vacant Lot District Application #813 Smith #830 Smiley #874 Johnstone #988 Mertes #721 Lorge .71 ac .65 ac .40 ac .74 ac .48 ac .38 ac .59 ac . 35 ac .38 ac .44 ac LR-IB LR-IB LR-IC LR-IC LR-IC 6.Single separate ownership lots granted buildability in recent history in LR-lB District: #607 Bredeson .53 ac 1981 #632 Hommeyer .52 ac 1981 #658 Coddon .44 ac 1981 #780 Bloms .39 ac 1983 #802 Munsell .23 ac 1983 (expired) #833 Brockopp .40 ac 1984 #858 Howells .60 ac 1984 #873 Clifford .39 ac 1984 7.Single separate ownership lots denied buildability in LR-IB District in recent history: Application #820 Fisk • #912 Hedlund . 25 ac .22 ac 1984 1985 8.Lot 19 is subject to 10' side setbacks, 35' street setback, and 75' lakeshore setback; leaving a building envelope of about 23'x72* or about 1,650 s.f. This would be further reduced by an average totback limitation due to extreme setback of house at 4109 High vood Road; leaving a building envelope of perhaps 23 x55' or less. 9.Allowable maximum hardcover on Lot 19 would be 25% of 4,536 s.f., or 1,134 s.f. in the 75-250' zone. Existing hardcover in the 0- 75' zone includes concrete walks, retaining walls, and gravel beds with plastic, comprising perhaps 10% 0-75' hardcover. 10.Although hardcover data for Lots 20 an 21 has not been provided, it is likely that without the Lot 19 acreage credit. Lots 20 and 21 would have hardcover exceeding 25% :.n the 75-250' zone, and already exceed the 0% limit in the 0-75' zone. % 1 Zoning Pile #1025 May 15, 1986 Page 4 of 4 Clearly, approval of this 0.19 acre lot as buildable will set a precedent in the LR—IB zone. As part of the 1984 common ownership study, staff identified as many as 46 situations with commonly owned vacant lots of size similar to that of the Henrichs in the LR-IB zone, i.e. a potential of 46 more applications for houses on extremely substandard lots if this 0.J9 acre lot is allowed. Your recommendation to approve or deny should identify the specific hardships, facts, and findings justifying your recommendation . r i CITY OP ORONO - VARIANCE APPLICATION I / Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) ^^^®^“the-Fact Fees (Double application fee) PROPERTY LOCATION ” ~ “ ♦, Site Address H/H ! 0-/f WCO P R O_ _ _ _ _ _ _ _ _ Property Identification Number (P.I.D.) 0 ’l-uy^2 2>00 Please check one — Is the property X abstract or _ _ torrens? description to application if not included on required applicant % Name ^ pj^nn^iy HE-Ni^iCLH Phone V 72 - 3 i ^ y_____ ^ Mailing Address V/ XS’ // /Q^h^ Waon R O OWNER Name BDW'phRo R ht/^NRlC^H Phone V 7JL- ^ iVV Mailing Address ^ f X<T /T-^0-HW/O 0 P RP fT)n\)n)n Date Property Acquired RU(7-U5> r (month/v^;,^^ I (do) (de-met) also own the adj^gjit p^cel^^ 1 _ _ _ _ _J:z9J^JL__ _ _ _ _ _ _ _ PRESENT USB OF PROPERTY Present Zoning District A / 3 fiJ d~S'3 i / Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ J^equest in detail: l'jp^oe^rr/'<-Q l/'/9/^muiC /g?/-J PJ/9C ej/'V T~ nScc - ^-------- VARIANCES REQUIRED )( Lot Area Setback Variances ( Other Lot Width Front Hardcover Side Rear) (OVER) HARDSHIP lired Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; gu bc->t-L.^ - 'LL^ SS «-- *iAJT r£j2.Vi Ll^ u'er hi ^ J cf r o,^w /t »:»V/i^/ —- ~ 2/lcc rJL£)L —Ct.__£ <l/2 - Sxlh LT^ Z^_z:_ -£2- DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS -}*sr r/),s u ioc h/i t'e:a ^>v// ch/JA* -i/iL___-ZlAz-'i.___Z/^7~ /9. r Describe unusual property conditions preventing compliance with Zoning Code Requirements: /re_/c/ . T/arz/^z _ _ _/^ro^^rt-'Tu /V^y- Aua>/L/^Sl^. ,_ _ _ 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 Government Center 348-3271) 3.' 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. »I »*fc • 5." Plat Map. 3^Y 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. . . iV. 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 OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application' and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. ^_ _ _ Date ^Owner's signature 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. II r--r-,,.. ,. ,... r ,. ,... - f" --,. RUN DATE 04/03/86 BATCH 015 PROP ADDR OWNER NAMETAXPAYER NANE/ADDRPROP ADDR O"-'NER NAMETAXPAYER NAME/ADDR PROP AOOR Oi..'NER NAMETAXPAYER NAME/ADDR PROP AODR OWNER NAMETAXPAYER NAt1E/AODR PROP ADDR OWNER NANETAXPAYER NAt1E/ADDR 1' 38 07-117-23 44 001404105 HIGHWOOD RD CHARLES EDA MART WILLIAN G BRICKLEY4105 HIGHWOOD HOUND MN 5536438 07-117-23 44 001704125 HIGH�'OOD RD ER HENRICH ETAL EDWARD R HENRICH4125 HIGHWOOD RDHOUND MH 55364�6 07-117-23 44 002004167 HIGHWOOD RD MERLIN L HALVERSON MERLIN L HALVERSON 4175 HIGHWOOD RD MOUND MN 55364 38 07-117-23 44 002904148 HIGHWOOD RD JEFFREY A MARTENS JEFFREY A MARTENS4148 HIGHWOOD RO MOUND MN 5S364 38 07-117-23 44 003204116 HIGHWOOD RD BRUCE J t10LUt18Y BRUCE J t10lut3Y 4116 HIGHWOOD ROADt10UND 11N 55364 \I)" � +J��j� 0" -�'l� I •� .J_�-�v I i 1 I 1 II HEN-IEPIN COUNTY PROPERTY INFORHATION SYSTEMPROPERTY OWNERS LIST •38 07-117-23 44 001504109 HIGHWOOD RD ROBERT F NELSON ETAL BRADLEY H & PENNY JO BLOSS5523 VILU,GE OR EDINA t1N 5543S38 07-117-23 44 001804149 HIGHWOOD RD LARRY W KARKELA LARRY W KARKELA 4149 HIGHWOOD RD MOUND MN 55364 38 0 04175 H�W D ROMERLIN L HA RSON MERLIN l UA D 417S HIG HOUND 38 07-117-23 44 003004140 HIGHWOOD RD R & S SHEERAN RAY & SYLVIA SHEERAN4140 HIGHWOOD RD MOUND t1N 55364 • TOTAL BATCH 015 000ll. +J-Cl) Cl) ,... ..c:: .... r-+J M+J I Cl) 0 ! .Q_ C: II REPORT NO. PI435401PAGE 39 38 0411E R EDWA41 44 001600 RD ETAL ICHn::uunno RO536438 07-117-23 44 0019 04156 HIGHWOOD RD FRANCES W WILSON FRANCES W TESAR 4156 HIGHWOOD ROMOUND HN 5536438 07-117-23 44 002804150 HIGHWOOD RD J A STEININGER & SJ MAGRAW JOHN A STEININGER 4150 HIGHWOOD RO MOUND MN 55364 38 07-117-23 44 0'03104132 HIGHWOOD RO SCOTT G & CATHERINE ANDERSONSCOTT G & CATHERINE ANDERSON4132 HIGHWOOD ROAD HOUND MN 55364 >t'C Cl) �-:! � e '-�1 M .. C: G) Cl) 0 ,.C +J .... 1 G) 'CI ..C:: MI +J •rt ........ --,.,,...- � .-.. I � .-- ,-,. -- . I • • .. . . . . . . . . . . 1 : t'. . •• • • I .,_ • . . . . . ' . . : . ,. �-,- � • O·· .l.\")·. 01 I ,1 .. ll�J •y'. I ARM OR • vs I I I . I I • . :-: .... ·, .· . .._,, {J 0 0 J .. 1 �i � t-..� "' � �:--... -� � � �� I I I .......................... Q /)tclc � .• ' ZS.7s 38.5 i ... ) . -• • .. . .. '18.s' 10,0.!- ..::-- - l ----- H I I I • • I (., • ,. ... .� . � .,,,, I hereby certify that this is a true and correct representation of a survey of the bound r "HIGHWOOD LAKE MINNETONKA". t�e location of existing hardcover, and the proposed !oration building. It does not purport.to show othor improvements or encroachments. Dae : 4-9-86 Sc I e : l " -= 20 • COFFIN & GRONBE G, IC. �1o¾� £11 ine rs 6 Lan � r or • -pi %M 1 • •-s •r 1 To: t,’ From: Date: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Planning Commission Members Jeanne A. Mabusth, Zoning Administrator May 15, 1986 Subject: #1027 Mrs. Phillip Pillsbury, 1200 Bracketts Point Road Variance Zoning District - LR-lA Pertinent Ordinances: a)Section 10.03, b)Section 10.03, Subdivision 15 Subdivision 16 (C)(D) for section of wall that is Application: a)height variance of 2 1/2' adjacent to Bracketts Point Road Allowed = 3 1/2 feet Proposed = 6 feet Variance = 2 1/2 feet or 41% b)height variance of 3 feet for sections of the 6 foot high wall located within 30 feet of the intersection of County Road 15 and Bracketts Point Road Allowed = 3' Proposed = 6' Variance = 3' or 50% List of Exhibits Exhibit A - •Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Application Plat Map Property Owners List Picture of Wall Landscape Plan Elevation - Southeast Staff Sketch (Based on existing survey) Review of Application The applicant proposes installation of a 6 foot high "serpentine" brick wall within the street yards adjacent to Bracketts Point Road and County Road 15. The portions of the wall located within the street yard adjacent to Bracketts Point Road and within 30 feet of the intersection are in violation of the height allowance for walls. The section of new stockade fence that will link the wall with existing stockade fence is located in the side yard (50 foot setback) and is permitted. Zoning File #1027 May 15, 1986 Page 2 of 2 A six foot high stockade fence has been located along the yard adjacent to the intersection and County Road for many years. If you are familiar with the subject intersection you will realize that there are no visibility or safety. A privacy fence has never existed along the Bracketts Point yard or at least no more than 40* from the inter section. The architect has advised that the "serpentine like" wall was originally designed and built under the direction of Thomas Jefferson for the University of Virginia campas. It is a unique structure; a structure that any community would welcome because of its beauty and grandeur. Staff has advised the applicant's representative that the location and height of fences and walls on lakeshore properties have become highly charged issues for our City. The architects ask that you consider the uniqueness of the structure and the need to maintain the integrity of the design and to preserve the overall landscape theme for this odd shaped street yard. • If you approve this application consider the following findings: 1.The location and height of the fence will create no hazards to safety or sighting problems for users of County Road 15 or Bracketts Point Road. 4 2.The property is located on a busy curve section of a county road requiring screening from noise and car lights. 3.A six foot high fence has been located adjacent to the inter- •section for many years on this property. 4.The structure is unique and to decrease the height or cut back on length would destroy the integrity of the structure. If you deny this application consider the following findings: 1.To approve a 6 foot high fence at an intersection or along the street^ yard of a City road would establish a negative precedent with similar reviews. 2.Applicant has not demonstrated sufficient hardship. 3.Natural screening can provide the same effect. w • •• %.*jju.ff /6 3.~J 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 1200 Bracketts Point Road Property Identification Number (P.I.D.) 11-117-23-32-0001_ _ _ _ _ _ _ Please check one - Is the property _ _ abstract or _X_ torrens? Please attach legal description to application if not included on required survey. APPLICANT Name Mrs. Philip H. Pillsburv Phone 473-8682 Mailing Address 300 West Ferndale Road, V/ayzata, Minnesota 55391 OWNER Name Philip IJ. Pillsbury Phone 473-8682 Mailing Address 300 West Ferndale Road, Hayzata, Minnesota 55391 Date Property Acquired May 1, 1986 (month/year) I (do) (^o not^also own the adjacent parcels of land. •Om mm mm mm mmm ^ mm mm mm mmmmmmmmmmmm PRESENT USE OF PROPERTY *Present 2.:^7jiag District _ _ Present Use of Property _ _ LA-1 Residential Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ 700,000 Describe request in detail; Height variance for proposed location of screen wall within rear/street/yard ______________ VARIANCES REQUIRED Lot Area Setback Variances ( Other Lot Width Front Hardcover Side Rear) :5V p-- HARDSHIP DESCRIPTION OP ONDSUAL PROPBRTT CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: Lot borders on Countv Road 15. Snail size of lot restricts sitinq house in a more favot^ble location. --------------------------------- Vi on 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. Certificate of survey including hardcover calculations as required. Plat Map. The Applicant and Property Owner must sig. remember that your variance application is information has not been included. APPLICANT'S SIGNATURE this application. Please not complete if the above 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.’'’■ilio W. Pillsbury Date LApplicant's Signature _ OWNERS SIGNATURE Stephen R. Pflaum, Attorney-in-Fact /A'^yC The o ;ner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City scaff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner * s Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. 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Ch*;^v-v'* Ifv,* i. , N' tesH 1 It o *41 t .1-'' y3Sl ^ ^ SN 5 " - I k; V 'V m) V % H I • ■^''5^rCssu>>'.>. ■ ., -:>V; ^ \lV^* <' V?. X .V; ^ r ^ r* M .1ri. ./j■.•'*t i ?!T V, \^'rtl ; u *>, il " * :^r‘ir :I'l"lr •'- 'll<' ,t- J ->' •*' Ji,. * 'f ,;*. Ei<.'.'.A^" s.^ Mr ^ C \ • ^ N •, ■' ' >.' ' V'.. Vt'^' \ t ->s " {> \ J • * ' t- X%* *• » * ' t' %%* (^*> V' i ; rM ' a4 n.• •-i^ '- A ' \' r' \ ^^ J... >v' nfy \< ?;.Vv>C-^* J' ■ vv'i ^ i-k**’• • ' ■* • ••' 'vX. • *•».■:, ■V't^' -.'Xi .'^;X•*V^' N. . X_/\:tv.‘-: ;'. \ • . V 1>\.V1^ ^'ii 35® tV-a i 'iV s^-' r^. .->v h.v \ ”’i \ *\r' : f 4 ^ * ■ I IL Vfe w'^ 7, \ . \X Sh ! ! I BBlSk;^^. r/ ’I • i •'. ‘'<1 ■*;s SrvvV. To:Planning Commission Members Date: Michael P. Gaffronr Assistant Planning & Zoning Administrator May 15r 1986 Subject: #1028 Len Bachkes, 2813 Casco Point Road - Variance Zoning District - LR-IC Application - Hardcover and side setback variances-to.construct addition to home. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Application Plat Map Property Owners List Survey Hardcover Review Floor Plans Letter to Applicant 4/24/86 0-75* Hardcover = Approx. 300 s.f. = 6% (no change proposed) 75-250*Hardcover: Existing Proposed (1% 2f361 s.f. 2,696 s.f. 91 s.f.) 26.0% 29.7% The applicants are requesting variances in order to construct an addition to the west side of their home. A hard cover variance is requested as shown above, and staff notes that there do not appear to be any substantial hardcover items that could be reasonably removed as a tradeoff. Secondly, a side setback variance of 0.5 feet is requester^, leaving a 9.5 foot setback (5% variance) on the west side of the house. The hardcover in the 0-75* zone conui sts of a set of stairs (necessary for lake access with the steep bank) and a small boathouse. The boathouse is a non *cinforming structure and subject to the pertinent ordinances. The neighbor to the west has not f^^de any comments to date regarding this project. Note that the setback variance is for just the northwest corner of the addition. tf • 1-^ i-£-^ "1 -*’^-’CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address ^ I *?> ^(XA^"Vv^ ( Property Identification Number (P.I.D.) 32. 00(2. Please check one - Is the property abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name Phone 933 -07^^. Mailing Address 2Q0^ cocL L ^^ ^$ OWNER T <11Name Phone zJOT? Mailing Address Date Property Acquired (month/year) I (do) fdo not) al^ own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District /J^/(L Present Use of Property _ _ _ _Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ ^<^000 Describe request in detail; VARIANCES REQUIRED Lot Area Setback Variances ( Other Lot Width Front x:Hardcover XT side Rear) HARDSHIP on Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ _ _ _ _ _ _ _ _ _ _ _ _ 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). Stamped, legal sized envelopes (#10) pre-addressed to each of tbe names on the above list with no return address. Certificate of survey including hardcover calculations as required. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE ♦ The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her Icnowledge. Applicant's Signature-^Date )C OWNERS SIGNATURE • s The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature ^_ _ _ _Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held cn the third Monday of each month. o cr T n <i^c o o 'jy O u>>?>r-f o H.r:>1-^n *:Cw c >-*fU t:.V <x c o. u ••1%r.**3r.I- p :>^ #> • r:c •» •*:P ;V t\joOl u if Ci0 li C-?o <CL*:r o f ♦•«P h-o D*o O P •3 :t c rj p 0)P4> n 3T r"D rf •-^in ^ v-r a CL O o.rs U cD •<(.):v a •-tf TJ o •:aj o rt r H- 3 D 3 O • n o !jC O *<p r ^» ' o •o #•ft r-< ^.i •"•f T#. •%•\i #♦« # !*» • ‘, »w ,« 4. «1 't r;•ft .' ft #V*l • *•*r .«• uu f *.•- Ik •. .«1 •# t l»•-»%»/ft 1 •l*.•ii ««•' ft • IT#-.n • • * .)■ * »4 i • ^ . #*•.ri •• Hi»••1 M ;}•« f '•• • •• *«*•»'•41^ • ••« • • • •* •. b «• • • **• r .^ • . • • t f •t 0 •«♦m * •9 ■ ^•••1•# 1« .• 4 •• • •. • t .m 1•• •!%•V** ..n c-\S ••i ^ ••. *> f. n c .’J ^f—•»CQ •*»U »1 fi t •t ^ ' 1 •* » •• • •u .• i • •*. «»• *• « • •« 4 , .1 ‘ 1* ••■4 14 • .'• *r • .• 1 •u >.*••»« HARDCOVER CALCULATIONS 2813 Casco Point Road 0-75* Hardcover Existing = 300 s.f. or 6%, no changes proposed 75-250* Hardcover Existing: House 22.3 >[ 44.4 ss 990 4 X 8 deck/cover =32 Sidewalk 3 X 77 =231 Playhouse 4 X 6 =24 Garage 20.2 X 20.2 =408 6 X 10.1 =61 Gravel 17 X 25 as 425 (Driveway + Parking)20 X 6.5 ss 130 Plastic near House 3 X 20 +/-=:60 TOTAL 2,361 s.f. 75-250* Lot Area - 168 x 54 = 9,072 s.f. 2,361/9,072 = 26.0% 25% Allowed Proposed Addition: (32 X 8) + (12.4 X 8) = 256 + 99 * 355 s.f. Remove +/- 20 sf. Plastic Existing Hardcover Proposed Addition 20 s.f. +2,361 s.f. + 355 s.f. 2.696 s.f. 2,696/9,072 = 29.7% I • /lA - . ^ ■> **•»<•-'/ . Vr. ■>;•?,^:‘-v'v t -1. * *'.y* ? V. 1. V''** ’CIT Y «rf ORONO Post Oflice Box 66*Crystal Bay, Minnesota 65323•Municipal OfBccs O mm On the North Shore of Lake Minnetonka April 24. 1986 Nr. Len Bachkes 2813 Casco Point Raod Wayzata, MN 55391 RE: Proposed Addition Dear Mr. Bachkes: We received an application for your proposed addition on 4-18-86. The application is incomplete in as much as hardcover calculations were not submitted. On 4-24-86 I made a site inspection of the property to review the hardcover. Based on my notes (attached) the existing hardcover in the 75-250* setback zone is at 26.0% where only 25% is allowed, and with the addition will increase to 29.7%. In order to construct the addition, you will have to be granted a variance by the City Council. Your other alternative is to remove an amount of existing hardcover so that you don't exceed the 25% limit, i.e. you would have to end up with no more than 2268 square feet of hardcover in the 75-250* zone. The other concern I have is that your survey does not define the side setback on the west side of the house. It shows the fence pretty much on the line, and in the field I measured 17*8** from the existing house to the fence, just a few inches short but nevertheless less than the 18* required to put in an 8* addition. Your surv syor will have to stake the lot line at that point so the setback can be verified. P.lease contact me as soon as possible to discuss this and determine how you wish to proceed. Time is of the essence if you want to apply for a variance. I would need the application by noon, Tuesday, April 29, in order to schedule a public hearing for the May 19 Planning Commission meeting. You would have final decision from the City Council no sooner than June 9. Sincere! Michael P. Gaffron Assistant Zoning Administrator end: Variance Application cc: Richard Rindahl Triple R Construction 3708 Tonkawood Road Minnetonka, MN 55345 Bl’ILDINC; A ZONING - 473 7357 ASSHSSING ADMINISTRATION & FINANCE - 473-7358 Pl»BLIC WORKS - •I73-7359 To:Planning Commission Members Pr< Date: Michael P. Gaffron/ Assistant Planning & Zoning Administrator May 12, 1986 Subject: #1029 Leo Clifford, 4760 North Shore Drive - Variance Renewal Zoning District - LR-IB Application - Renewal of lot area/lot width variances to build on 0.39 acre lot. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Application Plat Map Property Owners List Survey Council Resolution No. 1698 Letter to Applicant 11/25/85 Staff Memo of 11/2/84 Planning Commission Minutes of 10/22/84 This is a request to renew lot area and lot width variances for this 0.39 acre property. The memo of 11/2/84 (Exhibit G) and Resolution No. 1698 (Exhibit E) detail the previous Planning Commission and Council action regarding this property. The original variance approval expired at the end of one year on November 13, 1985. Staff would recommend approval per the previous findings as follows: 1. No other adjacent land is available to be combined with the property. 2. Sewer is available and the property has been assessed for footage and one sewer unit. 3. This lot is consistent with the existing development pattern of the neighborhood. 4. There appear to be no other alternative uses of the property^ 5. The building envelope for this lot with standard setbacks of the LR-lB zoning district is sufficient to develop a residence and the ordinary driveways and appurtenant improvements while still meeting hardcover requirements. 2f3d CITY OF ORONO - VARIANCE APPLICATION - -' ^ 'I. C> Initial Application Fee $150.Q,0^($50,00 per each additional variance) Renewal Variance Fee $T5-r0O"Tno change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address O • Property Identification Number (P.I.D.) T_ -y_ • • • Please check one - Is the property abstract or __ _ torrens? Please attach legal description to application if notincludecj on required survey. f f ^ | APPLICANT Name / />■ /• *\i hone 7 Mailing Address I'/ / ^ C)•• u. H.UJ -5- iT , ~Pu "y i OWNER i^ame 0 Phone Mailing Address Date Property Acquired (month/year) I (do) (Mo no^ alno own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District I /S* Present Use of Property _ _ _ _ _ _ _ _ _t Residential Other (specify) DESCRIPTION OP REQUEST Des^ibe request in detail: Estimated Construction Cost $_ _ _ _ _ _ VARIANCES REQUIRED '\y^ Lot Area Setback Variances ( Other ^^^ot Width Front Hardcover Side Rear) /* ; D f* ».9i> 9* < HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; "jl/-LC't. DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual properly conditions preventing compliance with Zoning Code Requirements:.;;^^/;)^,^,., ■ , , ,L . x/?-, G , ■ompleted Application FormcST— 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 thi.s application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. / Applicant's Signat’ire OWNERS SIGNATURE fr Date The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature ’ t '( > Date // _ A /• Applicant must have alIs^submittals into tlhe'^City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. 1 strict Zoning obtain Center of the red. Please I above red or and/or es that lis/her urther ItantSr estiga- - 3^^ ore the on the , *. .-...vr;.: •: # • •• » . i ' • ‘ • . • v». f* ' .» •, ^ . t .T . . ‘ V? • • * ■ ‘ * ■' • l.t. •• X • •*• ^ .. .* • • ••4*7Cl' . • • t.‘-Wv • ♦ • *4t *.• . \ t •. > \ • . .f 7 • i. V •• • *.• •r ';.-*. .-•. • • ‘ A-- • / »• •• •* iv*\; > » • . ' . .. . • iH* . • • v«?^«; ' . .:v‘V * . ^10^ A- ®V ^%6>- ^9(/j -»« !S>J B ,0' / f M.i V S»o ./ >»i' I N %' *0 sy 6 >•1 iv w;2(ifl >> .* *. /■r fJOF [COT 79 % .P /; (z-0 ' c e 'fOHKJj *AU(JC((s IJ* I'. l!>6K I / \ \ a''/ic7'*'»TAW4 COVE .^1 K'</'i;/ I ^ - (^) i:r/ Av. p?/q r:^ ‘V \ 0^ I 1^ 76 \I l^n \ .V -*•.».•• « . . * • . 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Lott I4,ie,l9,20and the olleyt os shown , SUB’O. of LOT 14 REST POINT PARK,hove been vocoted l>oc. ^ 7560C4 > ^ A’ 'VV> . t - ' ‘ • »: V-5tV9i- i« ‘ ' i . • .;• • f / • ‘— . • •’l ’ ‘ ‘• v:- OJ ‘ .', • B « *• 'fri'-'; V •.••• ^ >; •. •• —. . ^ • - ^. .* •, f ' -• • • ^r*Ar ' • • ^ III v%a;> y'‘: • ••AVVl'V.'r'. • .•• - . rAVfi-- r -4 f'r... *-/r- • cr; 4 >' r>- )> ) I >1 ) > X 2 o 3 TJ m TJ m > :o O s_ o3 T3 m -O rti > :a > m6 :ao;o > ni z o o ;d > a o 3» :q m zSiS> X 2 o 3 Tl ni Tl m > z ►> m z a o » S o 4 O q; j) -4O H OH >H O 3 HO 3 :o o oi Q vj M M Q ^ 0> C U1 O O 9 ^Z (Ji X X m in o _ > > » in o _ z 2 m H ^ 2 a r* I 2 cn H *- S X o > § V ui m HD o a H r>Hw _ c c r- X w M O Q 09 cn m S o > H nr o S ► ^O r- o ►- X9 ooo O C »* M ■n -T1 rO 3 H 3 m ^ X m X _ m wi H X m M 0,35 01 I n, M Xa n g > o M 2 H o -c* r- o ;o vi m ^ jn r »• H a inin *1 tf > TJ Ni I \ in M -i _ in m ^ M ^ z M cn ^ r- M m HMzm C H ►- < ^ M Ul m i>jco r- o > in N| >> >1I Nj In> in inro ES^iSi s::O O HO I in g r- r- H iN» in X M 0) X in ^ m s Som o o ^ K (0 o ^ r! cn a > m 09 H o o ft* rti •— 50 ^ n M a 5n.a r-^ f v« a 0 1 Ni I IN> in in IN> n >-or*m (A ) )^gs> X 2 o3 TJ m u m > » >> m z o o z £ o 5 3 HO50 m u o o in ^ > H ^ 09 O* C > Ni in r* H ch MO _ m in o 5 < NiSsns: ^ r- 0) § § ^ Nim H 3 z I _ 09 o X fO X -o m m > in > f- r- u <>r* H M r»o m inmXoo> zoNi m INJ w g ^ ^ u 1. o o m m in _ i/> CO o Ni I CA O S I as zsfi^ m X !3S ro in in a X r* — ^o o X X i a 5m ro Xrti Xs 8§ rt, • XM in in in o ■t-* AV. • ..Certificate of Survey for Lee Clifford reeentation of a survey of the boundaries of Lots 5 and 6, Block 3, "Borgquist. and Wicklund's Park, Hennepin Co. Minn.", and of the location of all buildings,if any, thereon. It does not purport to show other improve ments or encroachments. GORDON R. COFFIN CO., INC. 1 inch ■ 40 feot 10-4-84 Iron marker Mark S. Gronberg Reg. No. 1 :?755 Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors .Sk \ CITY . OF O^RONO city of ORONORESOLUTION OF THE CITY COUNCI L NO. 1698 _______ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) ZONING FILE NO. 873 NHEREAS, Leo and Neil a Clifford (hereafter “the applicant") is owner of the property located at 4760 North Shore Drive within the City of Orono (hereafter "City") and legally described as followss Lots 5 and 6,. Block 3, Bergquist and Wicklund's Park (hereafter "property"), and NHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (^> to approve the construction of a residence on a substandard lot of area 17,030 square feet where 43,560 square feet of area is required, and width o-f 100 feet where a lot width of • 140 feet is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS ► 1. This application was reviewed as Zoning File No. 873. 2. The property is located in the LR-lEi Single Family Lakeshore Resident? *.-ninq District. # 3. The Orono Planning Commission reviewed this application on October 22, 1984, and recommended approval of the proposed variance based upon the follovang findings: cO No other adjacent land is available to be combined with the property. ta) Sewer is available and the property ha accessed for footage and one cower unit- Paqe 1 of 4 been T'' •>- Ayi',} yi ‘v »■ -it V -. V . \ CITY^ . / ' - '• ■ ' OF / ORONO City Of ORONORESOLUTION OF THE CITY COUNCIL NO. 1698________ c) This lot is consistent with the existing development pattern of the neighborhood. 4. There appear to be no other alternative uses of the property. Urn •/ • The building envelope for this lot with standard setbacks of the LR-IB zoning district is sufficient to develop a residence and the ordinary driveways and appurtenant improvements while still meeting hardcover requirements. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the proposed variance on the health, safety and welfare of the community- # , 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or dif ficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehendi>/e Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to approve the construction of a residence on a substandard lot of area 17,030 square feet where 43,560 square feet of area is required, and a lot width of 100 feet where a lot width of 140 feet is required, subject to the following conditions: 1. Payment of $225.00 sewer unit charge with the building permit. 2. Dedication of the platted portions of County Road 19. 3. No setback or hardcover variances will be granted. Maximum hardcover on the lot to be 5,109 square feet or less including buildings, driveways, patios, decks, etc. • # A r V a- ■■ Page 2 of 4 * L -Vi CITY OF OROMO City of ORONORESOLUTION OF THE CITY COUNCIL NO. 1^98_ _ _ _ _ m Access to the property is to be gained via unimproved Park Avenue to the north onto Tonkaview Lane. 4. Payment of standard building permit fees including SAC and park dedication fee at the time the permit is issued. 5. Authorities granted by this variance run with the property not with the owner, but are'permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 1-3, 1985). • 6. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatical1y terminate any authority granted herein, and shall be punishable as a misdemeanor. ' I 7. The undersigned owner has read,• understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. - , Adopted by the Qrono City Council on this 13th day of November, 1984. ATTEST: Dorothy M. Hallin, City Clerk Mary C. EsiStrer, Mayor - • (1) Property Owner Paao 3 of 4 m CITY of OROXOPost Office Box 66 •Crystal Bay. Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka November 25, 1985 v'% V. • -i , . 'A Leo & Neila Clifford 3185 Priest Lane Mound, MN 55364 Re; Vacant lot @ 4760 North Shore Drive - Expiration of Variance * Dear Mr. & Mrs. Clifford; The lot area and lot width variance for your property at 4760 North Shore Drive has expired as of November 13, 1985. Municipal Zoning Code Section 10.08, Subdivision 8 states that "Variance shall expire one year after the date of Council approval if not used. Any change in use of the property will require a new variance". A renewal variance application must be approved before the City can issue permits on this property. As you will recall, this is about a 2-’month process, and will require the standard application fees to be paid again. You have the option of re-applying now or waiting until you or a potential buyer are ready to build. Unfortunately, no provision exists for granting of a "permanent" variance, hence there is always a slight risk that a future variance renewal would not be granted. I would^ anticipate that with the current Planning Commission and Council, a renewal variance application would be granted with little or no discussion. Please contact me if you have any questions. I am enclosing a variance application form for your convenience if you wish to reapply in the near future. Sincerely, Enclosure Michael P. Gaffron, Assistant Zoning Administrator BUILDING A ZONING - 473-7357 ASSESSING administration a finance - 473-7358 PUBLIC WORKS - 473-7359 J To:Orono Council Member From: Date: Michael P. Gaffron, Assistant Zoning Administrator November 2, 1984 Subject: #873 Leo Neil a Cl if-ford, 4760 North Shore Drive Variance Zoning District - LR-IB Application - Lot Area/Lot Width Variance To Create A Buildable Lot Lot Area Required - 43,560 s.f. or 1 acre Existing “ 17,030 s.f. or 0.39 acre Lot Width Required - 140' Existing - 100' List of Exhibits: Exhibit A - Exhibit B - 'Exhibit C - Exhibit D - Exhibit E - Application Property Owners List Plat Map Survey Planning Commission Minutes of 10/22/84 This is a request to have a 0.39 acre lot* declared as a buildable site. The lot fronts on County Road 19 near the curve heading north, and due to the steep slope up to the building site and the proximity to the curve, access would be gained via the unimproved Park Avenue onto Tonkaview Lane. The 0.39 acre lot would appear to be consistent with existing building sites in the immediate vicinity: This Application. . . . I.D. Caples Application. 4736 North Shore Drive 4750 North Shore Drive 4760 North Shore Drive 4784 North Shore Drive .4798 North Shore Drive 0.47 acre +/ 0.42 acre +/ 0.39 acre +/ 0.37 acre +/ 0.41 acre +/ m Recent development in the general area has been on combined lots of 0.6, 0.6, and 1.0 acres. There is no additional adjacent land with which to combine this property, and vacation of a portion of Park Avenue would effectively landlock other properties. The property has been assessed for a single sewer unit footage. The ^225.00 plant unit charge remains to be paid. stub is available to the property at North Shore Drive. 1 w.- M00ting th© i'"equirGd building setb<acks would leavB a building envelop© of about 8u' )' luO', or 8000 square feet. The majority of the property falls within the 250' - 500' setback zone where 307. hardcover would be allowed. A residence and driveway could easily be constructed meeting the hardcover standards. Planning Commission recommended approval of a lot area and lot width variance based on the following findings: 1. No other adjacent land is available. 2. Sewer is available and the property has been assessed for footage and one sewer unit. 3. The lot fits into the general existing development pattern of the immediate neighborhood. The variances requested are quite similar to and consistent with those approved for Harry Brockopp on Wildhurst Trail and Robert Haapala on Dahl Road earlier this year. A resolution for approval is attached. MINUTES OP THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 7 Mil (#8^LEO CLIFFORD ^*47^ NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 8:50 - 8:51 PM #874 DUANE BARTH & MRS D. JOHNSTONE 1810 SHADYMOOD ROAD VARIANCE PUBLIC HEARING 9:03 - 9:46 PM Th« Leo Clifford was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of '‘ publication. Chairperson Goetten closed the public hearing at 8:51 p.m. since no one was present in the audience for this public hearing. Assistant Zoning Administrator Gaffron stated that the Clifford's want their lot declared buildable. Callahan moved, Sime seconded, to recommend approval a lot area and lot width variance based on the following findings: 1. No other adjacent land is available. 2. Sewer is available and has been assessed for one sewer unit and footage. 3. This lot fits in the the pattern of the existing neighborhood. Motion, Ayes (7), Nays (0). Duane Barth and Mrs. D. Johnstone were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Chairperson Goetten announced that now was the time and place for the public hearing concerning a variance for Barth and Johnstone. The following were present for this public hearing; Don Peterson of 32 Interlachen Court Dave & Holly Eiss of 1790 Shadywood Road Charles Pyle of 1820 Shadywood Road Mrs. Johnstone stated that she has always paid separate taxes thinking that someday they would be able to build on this lot. Johnstone stated that they have paid a lot more taxes because they are separate lots. Johnstone stated that they have paid the sewer and water assessments for this lot too. Assistant Zoning Administrator Gaffron stated that the lot was charged a sewer lateral charge. % 7mT KT^l9\ •1»K«{ lAVsl :T#Ri ITITf •iii«tw:Ti IW ms tlilt •W«1 • 1•7 A1•» r 0 ^ A ^ ) ^|j on HARDSHIPDescribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; inability to put on additional bedroom DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS . . . . . • Describe unusual property conditions preventing compliance with Zoning Code Requirements; only direction in which we can make addition_______________ REQUIRED SUBMITTALS . • I , .1 '■ I ^i I . , V. 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) pro-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 remember that your variance application is information has not been included. APPLICANT'S SIGNATURE this application. Please not complete if the above 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 April 28, 1988 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- 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. H Ml m r- r- M 2 ^ m s CM MlMl Ttl H Ml04 n > H O 04Ml >r" rn o MlO O ;o omvj Certificate of Survey for Charles D. Dollarof Lot 1, Block 4, Long LaKe Country Club AdditionHennepin County, Minnesota A A \ V \V A- V* :> V ^ osed ‘lofv « «■ « « \y^:/i '6'i V ■iS'A. \ \S^N ^kXA “-Pole shed >s 'V /\sr '--Bqrn X X X X X X X X I hereby certify that this is a true and correct representation of a survey of the Southwesterly line of Lot 1, Block 4, Long Lake Country Club Addition, the location of three existing buildings thereon and the pro posed location of a proposed addition relative to said Southwesterly line. It does not purport to show other improvements or encroachments. -ox X \X / w X /. X X//. / / Scale: 1" = 50' Date : 5 - 1 - 86 Iron mark0 : iron mar Ken#103 COFFIN & GRONBERG, INC. 1 Req. m. 1<:755Mark S. Gronberg Reg Engineers and Land Surveyors Long Lake, Minnesota . y To: From: Date Planning Commission Members Michael P. Gaffron, Assistant Planning & Zoning Administrator May 14, 1986 Subject: #1031 Mr. & Mrs. Mark Hunsley, 3464 Eastlake Street - Variance Zoning District - LR-IA Application - Request for variances to construct a patio partially within 0-75* setback and exceeding 75- 250* hardcover limitations. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Application Plat Map Property Owners List Hardcover Worksheet & Staff Calculations Survey Applicants are requesting hardcover variances in the 0-75* and 75-250* setback zones in order to construct an 18*x22* brick patio next to their home. The patio proposed will contain 396 square feet with approximately 62 square feet of sidewalk. Approximately 88 square feet of the patio is proposed to be in the 0-75* setback zone. I have recalculated the .lot areas (see Exhibit D), and based on my calculations, the 0-75* hardcover will increase from 0% existing to 1.2% proposed. In the 75-250* zone, existing hardcover is 3,817 square feet or 30.0%, with the proposed additional 370 square feet bringing it up to 4,187 square feet or 32.9%. You will recall similar applications for the two adjacent houses. At 3444 Eastlake Street, the Monges were allowed a total of 130 square feet or 1.7% hardcover in the 0-75’ zone and 4,018 square feet or 40.0% hardcover in the 75-250* zone per Resolution No. 1837. At 3424 Eastlake Street, Randy Asplund was allowed 5 square feet or 0.1% hardcover in the 0-75* zone and 3,572 square feet or 31.7% in the 75-250* zone per Resolution No. 1820. This application would seem to be generally consistent with what was approved on adjacent properties. t"CITC OP ORON(-f7 / U/ ^VARIANCE APPLICATION / 9<p 9 cF"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) '^IS^tOO PROPERTY LOCATION Site Address 3464 E. Lake St. Long Lake, Mn. 55356 Property Identification Number (P.I.D.) 05-117.23 13 0042 Please chec)c one Is the property abstract or >r torrens? Please attach legal description to application if not included on required ^ APPLICANT Name Kr, & Mrs, Mark Hunsley Phone 475-4036 Mailing Address 3464 E. Lake St. Long Lake, Mn. 55356 OffNER Name Mr. & Mrs. Mark Hunsley Phone 475-4036 Mailing Address 3464 E. Lake St. Long Lake, Mn. 55356 Date Property Acquired July 1984 _ _ _ _ (month/year) 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 OP REQUEST Estimated Construction Cost Describe request in ^^f/tail; We request adding an interlocking brick atio, approximately 18* x 22* adjacent to the house witn a waiKwav to the side door. —- - - - - - - --- - --- - - - - ^ VARIANCES REQUIRED Lot Area Lot Width K Hardcover Setback Variances ( y Front Other Side Rear) (OVER) I • sd HARDSHIPDescribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: We have an inability to have outside ~r walkway. We feel a need to have entry area into house not in grass. - - - - DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS * • ■ ^ • Describe unusual i^operty conditions preventing compliance with Zoning Code Requirements: Please see attached sheet ^ 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 Government 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. t 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. APPLICANT'S SIGNATURE The applicant hereby ag4'.ees 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 applxcation, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature //^ OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agentsf commission members, and Council members for purposes of investigation and verification of this request. Owner's signatureDate -<R^ 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. trictitside DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS: f Code ( list 3271) >n the 3. This property was subdivided with the help of the Village of Orono in 1981 to allow 5 building sites on this immediate area. Lot 1 has approximately 47?^ of the primary lot square footage within the 75 ft. lake setback which cannot have ground cover. This leaves tight area remaining. Because of wrap around shoreline the proposed patio would have only approximately 88 sq, feet within the 75 ft, limit and this would not be imposing on anyone because of tucking behind the bay window cind the fact that this lot is against County Rd. 84. Because of flat ground all runoff from patio and sidewalk would absorb into the ground and not down directly to;the lake. smber s not ed by Lirred ; true rther intSr ition ? the :hird O' cn cn cn H> fS cn cn U) i-h ^i1 N •>1 N oN vPo>5^ VJ VJo cn cn cn i-n M) IP 0 «» u>UJ tsj U1 o U1 r LAKESHORE REGULATIONS AND HARDCOVERSEC. 10.22. REGULATIONS FOR "LR-IA", "LR-lA-l", "LR-lB", "LR-IC" AND "LR-lC-1" ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Within any •’LR-IA", "LR-lA-1", "LR-lB", "LR-lC", 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. HARDCOVER LIMITATIONS u * \ \ \ 0-75' Zone 75-250' Zone 250-50U' Zone 500-1000' Zone 0% Hardcover allowed 25% Hardcover allowed 30% Hardcover allowed 35% Hardcover allowed Percentage of hardcover for each zone is calculated as follows: Area of hardcover in zone (sq. ft.) Area of lot in zone (sq. ft.) X 100 =Percentage of hardcover in zone NOTE: Measure setbacJc distances perpendicular to the shoreline, not along the lot line. _ _J of Let 1, Block 1, Bayelde B«Mb • * UKB. niUN£TONKA ^'OiJHrY § _ ryy It# <fo. -//»>- '•o.r f f > <«.«_ J|> /0%S9 <:• ,-! I h«r«bT certify that -thla It a trua and oorraet papraaantatlon or a tof^ay of tha boundarlat of tha following datcrlbad propayty: Lot 1, Block 1, Baytida Baach^ and of tha propoaad location of tha pn^aad building. It doat not purport to chow inproTonanta or ancroaonnanta. : 1 inch: 50 foot : July 23j 1904 o : iron narkar A/0*e • /f 9SV.fr t'«dr/» //‘S/’9V. SmS* ^ *V4»s 9S9.95 yfm‘ ff00yt 0Utf. /X rj/.to « Oordon R. Coffin Oo.f '^c. .jcra a. Oronoarg BagV Cordon R. Coffin Rag. #6064 Bnginaara and Land Surrayora Long Lake 9 MN #1031 V , # • •» — H o a m > S ^ N -< >> m z a o ;q > a o 5c nn m 2 > ^2 m > \ -<> mo aa » o -o rz ^ 2 om u ?0 z a > o Z :a m f— w o a o ^ m 00 o o :a H 11 m m 0 1 o vj fro ui irn o a 4> m ^ > > m > o > z (/) 9» O “s"mm •< o U1 c/> > ^ ^ 3ui Z O U1 O) o z (^ z o o m m O CM 04 CP 4> ^ O oi I m > (/) Hi- m 04 Iro 04 (P o H O 04 O 52r* oz Q 04 ro 4> O’I im <- zm (/) L. O INO O ^ 04 m 3 i 0 01 I CP H m O >r- (/) m H o 0 01 01 01 04 vlro m •< 70 -< ;*; m I rv> 04 (A o H O o o o a a > > ;o ;o -< -< 70 70 O 04 70 4> O vj Z o ^ 01 (Ann M > > o 30 :a m r* I- (A (A o o z t»4 UO 0 01 I oi 01 04 OI 70 Os 'SiI rvi 04 H O Z > Z > X Z 13 m > \ -<> m O 30a 30 2m XI 3O•o >oo 30 09 -< < M f\> OI O < < M Xmom o osgo m r- Z > H » CO Z O 0 01 I i5 CA > V IN) 04 04 Oo IN) K ^0 X'Z o c. Q O r O’ m > > -< c- X -< m m CO xj z M (A in3 o -< z m m 70 70 CA C3 01 m 01 H 04 > •> G9 •-« > Nj •< I CA IN) M 04 Om »-• o o o 04 r- 04 O X'z c^ Q Xo Z Z > 33 §• X i O C^ X^ Oi 09 > Xm CA H Zp2 (A lA f- f m m •< 0 01 I m •— > vj CA I H rv) Oi r* 04 30 z 0^0 Z ro CD •• 0 o m _z c ^ "n 2 m CA a M p* m 3 o n 2 m z CA m 01 01 04 $ O 04 X" rv) o o 01 I -< CA O’ •- > Nj lA S'- m ►- o o »■«r» mz CA _ > X -< m CA M I 01 01 Oi $ SI o M Z 09 H* (3 > sj CA •< I CA (A IN’ M 04 m O H m ►- ""So Q 04 O O O Z X^ > > M Q ^ Z Z ^ O •< -< >J z z09 15 CA n O 09 M ► > ►o z z •< OI m f- r* CA 0 01 I •a I IN’ r 04 01 ^ CA M OI 04 OI m 04 0^— wm01m z H o 04 CA O H o oo01-4 o o >X'c^ r*ro r- 2s z§ 0 01 a H ni 01 V. IN) 0 O 04 Si!S2SSz x^ n 09 S so 09 O ^ O Q o z m x>> r- o o r 09 !o 01 z fVI•s 01 rn 70 70m is ni • z M X* ^ OI 01 x^ o C/3 ! 1 HARDCOVER CALCULATIONS 3464 Eas'tlake Stiree^ 0-75' Area « 7,318 s.f. Existing Hardcover « 0 s.f.or 0% Proposed Hardcover Portion of Patio = 88 s.f. or 1.2% 75-250' Area - 12,735 s.f. Existing Hardcover: House: (32x48)+(6xlJ)+(20x30)+(10x4)+(8x4) = 2,286 s.f. Sidewalk: (20x4)+(4x4) = 96 s.f. Driveway: (23x35)+(20xl6.5)+(25xl2) = 1,435 s.f. (NOTE: 700 s.f. of driveway on common lot is not included in these calculations) Existing 75-250* Hardcover = 3,817 s.f. or 30.0% Proposed Hardcover Patio Addition * 370 s.f. 370 + 3,817 « 4,187 s.f. or 32.9% .1 i s o o I I > I t ct t tr > CD C» M § rr < <» • *% o • tJ O o' r cf o H ) o: M o O'* ct ® * C0 ] • 0} • ct J O. M H* I o o' »-i > M O O ^ o r g to p ct I p M p* tr » ct*P P J H»^ ct t O DO H» • OP P Ct H p tr ) O p J *-» H» O wa 1 Ct • 3 tr Ct P > P 0) t3' 3 #P p >*o P » ►! O >-> ct ) O O' 0 ^r’o M d1 o M P » p O ^ p ^ C•t a H- 5 a b a O'OQc o ct o I-*P *3ato ^ H*O P 0 ►< o OQ H» ct P O' P »1 (X P M *0 Ct t3 ^ ^ PaO Po*o P p p p p t< ct Ct P 0 M cto•• H* ct O kf ^ To: From: Date: Subject: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Planning Commission Members Jeanne A. Mabusth, Zoning Administrator May 15, 1986 #1032 Brian Fulmer, 3505 Wayzata Boulevard Variance To Highway 12 Moratorium (Ordinance No. 13, Second Series) Application - Variance to moratorium because applicant seeks an amendment of Comprehensive Plan (M.U.S.A. Line) by seeking sewer service for property located within defined rural area. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Application Plat Map Property Owners List Staff Memo & Exhibits Applicant's Letter of 4/22/86 Berhardson's Memo of 4/18/86 Council Minutes of 4/28/86 Section of Ordinance 13, Second Series The Fulmers have never proceeded with the major improvement of the kennel as approved by Council in July of 1984 because required septic tests confirmed the site could not provide adequate or suitable area for the additional drainfield area (review Exhibit D). Since 1984, the site has had another limitation placed on the only available area with the construction of the interceptor line in the front yard. In early April, the Fulmer's residence was destroyed by fire. This last incident has forced the applicant to make a major decision as far as rebuilding and remaining in their present location. At their April 28th meeting, with a vote of 3 to 2, Council approved sewer service to the Fulmer's property to serve the proposed commercial use advising staff to commence the formal application procedure with the Metro Waste Commission. If you review Fulmer's letter. Exhibit E, he advised that an individual hook-up is feasible based on estimated costs - note the specs for the proposed installation were furnished by the Waste Commission staff. The sewering of this property, located at the extreme west of our study corridor, will present special zoning considerations with our Highway 12 Study as far as land use and sewer boundaries are concerned. ..(.L Zoning File #1032 May 15, 1986 Page 2 of 2 The minority of 2 were against Fulmer's petition especially when the planning study is not yet complete. They noted the following concerns: 1. Dangerous precedent to begin after the long struggle the City had to deter all local service to the interceptor line. 2. Planning study should be completed before we make such decisions. 3. Applicants were advised in 1984 that the site was severely limited for the proposed intensification in use - the conditional use permit was granted because the Council was advised the site could provide the additional septic area. Ordinance 13 notes that the following findings must be made before the Planning Commission can make a recommendation of approval; 1. Is the proposal contrary to the intent of the Comprehensive Plan? 2. Is the proposal compatible with the zoning and official control amendments being considered by the City in our planning study? 4 3. Will this proposal have an adverse impact on the health, safety or welfare of the public? • < -ra A . •• • CITY OP ORONO - VARIANCE APPLICATION ^ ^ a— (h ISO .^ IJf /.5" ^ 0 V'K/ 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.I.D.) _ _ _ _ _ _ _ _ _ _ Please check one - Is the property abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name Phone _ _ _ Mailing Address OWNER Name 'TyShZAOt^/CU ^ FI Phone Mailing Address Date Property Acquired I (do) no^) also own the adjac PRESENT USE OF PROPERTY Present Zoning District (month/y§fljJ Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost $ VARIANCES REOUIRED Lot Area Setback Variances ( Lot Width Front Hardcover Side Rear) Other ^ ''6^ HARDSHIP on Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '•_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: 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 tbe 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 remember that your variance application is information has not been included. APPLICANT'S SIGNATURE this application. Please not complete if the above 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 . ZS\ OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature _ _ _ _ _ _ _ _ _ _ Date ZPt 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. ■», :t he ■5a- V*.... - U ooo' tv D v AVVVXS U3^'ue. xn'lO S5'55o '5'S- i lO \ l\ \C\'t(r\ 55C.V “S- S3 la ooov V-) VDo-r-o-o-n. <^2^r\'Wr C^r. now ^3 13 d:>C)0'S) 2. ^l<s.W(^)rAvi Q>C))< S5 o n ■3^-U2- -OuCki 35^1^5 -a5 '3 0003 -ccVKv-cip ^■^oSciV^'S fo.^vv( af!e WrtJ .^354 33-vi b-33 s\ ooos O ^ 0C03 cxM \;o mw 'S3364 ■^106 3 •4 sa-a'g-aa 00 oi OoViCN a u? roQ^p^eoS '6>^\v/ (0. > 00 ( ‘Sr^uJob ^ u O n , n?/0 ^ , KHfD it4*f ««r m • * 1 !: 'S, 8 •l;iv From: Date: Subject: E^rian Fulmer and Jeanne MabusthMichael P. Ga-ffron, Assistant Zoning Administrator September 20, 1984 Soil And Site Conditions For Dog House Kennel Proposal Re: Septic Systems or^iny systL?^ garage slab is not nearly big enough For a mound ;r::‘S2 s-' Should be preserved for alternate site to serve existing house. of proposed kennel was bored by Schermers and found P/17/pa material over peat/organic soils. Water table on 9/17/84 was at o +/- during the driest time this year Schermers noted that the soil was mottled to the surface and likely would be saturated to very near surface in the spring. He recommend even a mound without a better knowledge of the high seasonal water table, probably by monitoring a number of inspection wells for a year. In a conversation with Dr. James L. Anderson of the U. of M Agrculture Extension Service, he suggested that the existing kennel system be investigated further to determine how wel1 it is effluent quality in the tank to what might be found with A human waste load. 4 - Our code requires "extensively detailed site and soil soils, and where peat soils are encountered, would allow a system under only the most extreme conditions due to existing l.ot configuratiQQ^ The City is under no obligation to approve a system on these soils. If a system was allowed, it subject to metering of inflows and periodic groundwiter quality testing. I do not believe the City should allow a 'new system to be constructed for a new or expanded use unless the minimum acceptable soil conditions exist, so that we aren't £C§§ting a new BCoblem where none appears to exist now. “As for the existing kennel system, we have been repeately told fecal materials are introduced into the system, and that the only discharge is from spraying out the kennel stalls and from dog wash water, hence wo would expect a low- intensity effluent which might not form a sludge or a biomat. If ^ Case, and no apparent problems with g oundwater quality or liquid volume disposal are noted, I would comfortable in allowing this type of a system to be installed for the kennel for the existing type of use, without e human sewage element, i.e. can't hook up an apartment to it. 1 - Holding tanks? Code states "Holding tanks shall be considered for reEia£®!D®Dt s^/stems onjLi/ if there are no other alternatives and it can be shown that their installation will eliminate a public health or pollution hazard." ~ Based on the information at hand, I must conclude that the site conditions do not appear suitable for installation of a septic could confidently satisfactorily. The code and past practice and policy would not allow a holding tank to serve a new dwelling unit in a location where municipal sewers are not pending. A kennel "graywater" system serving the property now should be investigated further to determine whether it could be safely expanded or moved to allow construction and use of the proposed kennel building. i y\\M 22IS86 f ! ! J I n Y "o F•./Ml ^ J^ ............ IV*-'.‘•7 -* . OUSO boarding kennels, inc. 3505 wayzata blvd. • long lake, mn • 55356 • 612/473-9026 • brlan & cathy fulmer • 'k* •»• , J *• ? t ''-f 1 •' f t 4 • ■, ( 'IJ ••.. .• .. • C^nfH op. 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Oc>V^^CJ5r\C^>o “TCi> *wv^t’SV^Vv!^:^ O0(2 E P|20B:^JS(V?5:> 002. -&,r^ ■S=C5\Cri» F(^ ! • ■•?' ‘■feChiiT ’j (^o oocjvijtis ^A-'iN\ttO#5r6l Tw< os<l OF pe£}=3£i>SF >• •. •r • ‘V 1 j C^O€3T^ NVcjiSr OF R\-JU- .> t.i.r'^UA_c?o>i o^aTvjo i««%^urn TO UvJ^ -Cesle: V UKSVJUCS I • »• Vi *■*••’ ^ t* i OOTirt^ fC.:S^£T\ ^ ^ ■gai^icje. \T\~\ £ <^0-T0 TDO ^bO u^m<«.'vrs-f 'V r t > •• • »» #» '!•• ^ » * t OF- 'TeJErPivmoOT 1 TWiRoJiCS^ Foe- N'SNie. ^EOrv'.PV' ObO .Ci02X^->i, ii^c<..VK— ^ CjodtXxj^ps^U 41886.8 ’ / P TO:Mayor and City Council APR 2 81986 FROM: DATE: Mark Bernhardson, City Administrator April 18r 1986 eST¥ OF OSONQ SUBJECT: Brian Fulmer - "Dog House", 3507 Wayzata Boulevard INTRODUCTION - As you may recall Mr. Fulmer has been in aFreTTdVnce at our Highway 12 corridor study meetings with two issues that relate to the development of this property that was approve<3 back in July 1984. These issues are as follows: Septic/Sewer - Following approval of the conditional use permit it was determined that the site is not able to have a septic system on it that would accomodate the commercial development that has been approved. Therefore he is exploring the possibility of being able to sewer the property through the new Maple Plain-Long Lake interceptor line. It has been determined that it is technically feasible and in order for Mr. Fulmer to stay on the property he feels he will need to sewer the property. Zoning/Conditional Use - An issue Mr. Fulmer has alluded Fo Is the fact that the zoning, in that its a residentiaJL property with a conditional use permit to allow the bog House Kennels, has been problematic in getting financing. It’s my understanding that this is no longer a significant issue. Additionally as you may be aware there was a significant fire in the house/residence of Mr. Fulmer 3 weeks ago and there has been significant damage to it. He is presently living in the mobile facility that was approved by the Council at their April 14, 1986 meeting. Mr. Ful-t^er is at a decision point in which he needs to determine what h^ will do with this facility. 1. SEWER HOOKUP - If the City allows Mr. Fulmer to hookup to the sewer and MWCC concurs he will then go ahead and get a contractor to repair his house this year and go ahead with plans this year and next year to construct the commercial building that was previously approved. (The City may need to review those approvals). 2. NO SEWER HOOKUP - If the City declines to approve the hookup of this facility to the sewer Mr. Fulmer feels he will need to move to a different site in order to develop his business. i I Three issues cf concern in relationship to this request are as follows; Maple Plain/Long Lake Interceptor Hookups - The permit that was issued for construction limits line so that no new residential units can be hookup to the line in Orono* This is not however, a new residential unit and is more of a commercial facility. 2. Alternate Uses - Once this property is sewered it would be difficult to prevent any other use on the property from utilizing the sewer. 3. Variance to Moratorium - In order to allow the hookup ^nd reconstruction it would therefore require that ^ variance be granted to the moratorium ordinance which would require Council approval. RECOMMENDATION - It is staff's recommendation that the City of Orono approve the,hookup to the Maple Plain interceptor and that they communicate a request to Metro Waste Control Commission in order for that to be accomplished. It is felt that this is the most appropriate use of the property given its severe restraints and that the issue of zoning should be dealt with during the Highway 12 corridor study process in order to maximize control on the actual use of the property apart from the ability to have sewer. PROPOSED MOTION - Moved by _, seconded by , City Council direct the staff to request Metro Waste Control'Tommission allow .the Dog House property to be hookup to the Maple Plain/Long Lake interceptor line. Ayes , Nays . cc: Brian Fulmer ^4. »* • *i ■Si R' ‘i:rTir IIINOTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1988 ADMINISTRATOR'S REPORT: VANBECKHOUT - SBPTIC/SEHER City Administrator Bernhardson explained the reques from Mr. Charles VanEeckhout. Mr. VanEeckhout owns 3.75 acre parcel north of Long Lake on North Brown Roa' and had inquired about the possibility of hooking up ti Long Lake sewer back in February, at which time staf told him it was the City's policy not to allow sewe hook-up if septic was available. Based on research don< by Mr. VanEeckhout, he feels that septic is not a viabl possibility for that property and again request consideration of sewer hook-up. Mr. Charles VanEeckhout was present for this matter ani stated that based on Steve Schirmers* evaluation it is very undesirable site for an on-site disposal system The system would have to be upstream from the hous creating a pumping problem, and perc tests revealed ver; bad soil. He stated that it was a very difficult sit and would probably require some variances even with mound system. He feels the most feasible solution is b hook-up to the sewer system. Assistant Zoning Administrator Gaffron noted that thi ^ was in fact a questionable site and recommends furthe testing. City Administrator Bernhardson noted the differences i: this request and the Stebbins request* and that if thi request were approved staff would recommend the propert; stay at the same density. He stated that he did no feel that whether it was an Orono or Long lake unit wa; not a substantial issue. •• . CounciImember Frahm voiced concerns regarding the Cit; protecting itself from the possibilities of a futur subdivision of that property. However, he was no comfortable with putting an on-site system on thi lakeshore property if it is questionable. It was moved by CounciImember Grabek, seconded b; CounciImember Frahm, to instruct staff to contact Lon* Lake requesting one sewer unit and if they t re denie that further analysis for a mound system would have t be done. Motion, Ayes 5, Nays 0. FULMER - SEWER 3507 WAYZATA BLVD City Administrator Bernhardson explained that followin* approval of the conditional use permit back in July 1984| it has been determined that the site is not able to hav a septic system that will accomodate the commercial usel r / / / reques t owns Dwn Roa< ig up t( ne staf m sewe rch don< i viabl equest tter an< it is systemi te hous Led ver; lit sit n with on is t< lat thi furthe. snces i: if thi propert; did no unit wai :he Cit' i future was no on thi nded b; let Lon< t denie have t / / >llowin ily 1984 to hav ;ial use MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1986 FULMER continued and the Fulmer's are requesting approval to sewer the property through the new Maple Plain-Long Lake interceptor. He noted that this would require a variance to the Hwy. 12 Corridor Study Moratorium. Brian Fulmer was present for this matter and stated that they are at a decision point to determine what to do with his facility, if they are unable to connect to sewer they may have to relocate the business. Assistant Zoning Administrator Gaffrcn reviewed the topographical problems with the property. Mayor Butler stated she would like to see the Fulmer's commercial and residential use continue. It was moved by CounciImember Hammerel, seconded by CounciImember Adams, that City Council direct staff to request Metro Waste Control Commission allow the property at 3507 Wayzata Blvd. to be hooked-up to the Maple Plain/Long Lake interceptor line. Motion, Ayes 3, Nays 2. CounciImembers Frahm and Grabek voted nay. CounciImember Frahm stated that when the City was forced to have the interceptor put in, it was the intent not to have anyone hookup to it and feels by allowing this it would be setting a precedent. *H6 stated that he would like the Hwy. 12 corridor study to be completed before considering it. In addition, he noted that when the Fulmer's made application for the conditional use permit they were advised that the property was not large enough and now feels that the business is outgrowing the property. FACILITIES ASSESS Jity Administrator Bernhardson reviewed the facilities assessment and noted that present facilities must hookup to city sewer soon. He requested the Council to voice any issues or concerns. Mayor Butler inquired about sites to relocate the commercial use out of a residential area. City Administrator Bernhardson listed several sites for consideration. He noted that they were residential areas but less dense than the Crystal Bay location. He noted that they would like to provide a location to accomodate all the departments together. LaDean McWilliams stated her desire to get some funds for historical preservation of the present Council Chambers. : the Lake re a the ner'8 >rced >t to Ls it ould fore the »rmit lough the .ties ^kup oice ----J!^/i9e“6rwUhout Coincii ‘^action/or^lt7nay"bo studies hrve^ro^„1onptete°r:i^ may be extended by adoption of a subSeqSeS? o?3iSlncet SECTION 6. Variances, The Council may grant a variance to this Ordinance if the Council finds after careful Jn^i*r **! “ proposal ienSrcSnU«rt3-the Community Management Plan, that it is compatible with the zoning and official control amendments beina that it does not adversely impact the citizens. Building Lrmitagranted under this section shall h«» reviewed bv the staff orior t< Building Permits nee^ not be rg?S?rS to the Planning Conunission for review. ft*-#. f^P^f^bilitv. Every section, provision, orpart of this ordinance Is declared separable from every other ®”y section, provision or part thereof or action taken hereunder shall be held Invalid, it shall not affect any other section, provision or part, T I. .,1 SECTION 8. This Ordinance shall be published in the Lake Minnetonka Sun and shall be effective immediately upon publication. ‘ %e Adopted by the City Council of the City of Orono on the _ 7th day of October_ _ _ _ _ _, 1985, by a vote of 5ayes and o nays ATT r t 2ST; Mary Butlel^, Mayor \ rothy in, City Clerk the 3402e Publish week of October 14, 1985 unds ncil -3- To:Planning Conunission Members the nance :t the } rioc to Lon, or it part shall the on From: Date: Michael P. Gaffron, Assistant Planning & Zoning Administrator May 15, 1986 Subject: #1033 Royal J. Dossett, 2795 Pheasant Road - Variance Zoning District - LR-lB Application - Request to add structure and hardcover exceeding limits in the 0-75' setback zone, average setback variance. Lot Area = 44,590 s.f. = 1.02 acre Existing 0-75' Hardcover = 0-1% (steps to lake) Proposed Additional 0-75' Hardcover = 514 s.f. = 4.5% Existing 75-250' Hardcover = 6,456 s.f. = 26.3% Proposed 75-250' Hardcover = 6,669 s.f. = 27.2% Proposed Structure in 0-75* = lO'xlO' Glassed-in Porch List of Exhibits Exhibit A - ExhiJjit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Exhibit L - Application Plat Map Property Owners List Photos Letter of Request Regarding Survey Hardcover Calculations Site Plan Relationship to Neighboring Homes Relationship to Lake (cross-section) Floor Plan Elevation Sketch Letters From Neighbors The applicant is requesting to construct a patio and porch onto his existing home. The existing house is 77' from the lakeshore, hence any usable space created will require variances for structure (porch) in the 0-75' zone, hardcover variances in both 0-75' and 75- 250' zones, and an average setback variance. First, note that the house sits 15-20' above the lake on the flat terrace with a steep bank to the lakeshore. The neighboring house to the east is slightly closer to the lake (Exhibit H), and sits at a lower level. A thick growth of pine trees will serve to screen the proposed addition from this residence. On the west side, the neighboring house is setback perhaps 100' and would not have any view of the porch addition. Both neighbors have submitted letters of support of the proposal. Next note in your site inspection the location of doors on the lake side of the house. One set of doors was recently installed, the other set has always been there. There apparently has never been a terrace or patio onto which the doors opened out. :s »f Zoning File #1033 May 15, 1986 Page 2 of 2 The house sits upon the approximate drainage break of the property. If the applicant maintains a system of gutters directing all roof drainage to the north, the only run-off moving to the lake on the south side would be generated within the 0-75' zone. In recent applications, the Council has allowed minor encroachments into the 0-75' zone; #1006 Palm, 1710 Shadywood Road - approved additional structure in place of existing patio hardcover, not to be any closer to the lake than existing hardcover. 0-75' hardcover 17.5%. #983 Pemberton, 3580 North Shore Drive - approved new structure and hardcover in 0-75' zone. 0-75' hardcover 20%. #943 Purdy, 1975 Eagerness Point Road - approved additional 72 s.f. of structural hardcover with concurrent major removals of other 0-75' hardcover (reduction from 24.3% to 13.9%). #932 Edwards, 2474 Carman Street - approved variances for a new residence to be constructed partially within the 0-75' setback area J'ased on 1) surface drainage naturally graded away from the lake, and 2) lakeshore at both front and rear of property so that neighbors requested that location of new house conform to the existing houses for view purposes. 0-75' hardcover 15.8%. #920 Fegers, 3590 North Shore Drive - approved variances to allow a deck and screen porch of 123 square feet in 0-75' setback area with concurrent removals of 0-75' hardcover resulting in no net 0-75' hardcover increase. Approval 0-75' hardcover 3.2%. * #907 Bigham, 1545 Long Lake Boulevard - allowed to increase 0- 75' structural hardcover from 1.9% to 3.3% due to location of existing house. These are applications from 1/1/85 to the present. Additional similar applications have been approved prior to that date. In order to recommend approval of the Dossett variance requests, you should make appropriate findings justifying that approval. In regards to the request to eliminate the requirement of a full survey, staff would feel comfortable with a verification of the hard cover and side and lakeshore setbacks of the existing and proposed structures. / f V. # / •'</-c9.9'-<5 G^ CJo^S' ^ ' CITY OP ORONO - VARIANCE APPLICATION Initial Application Foe $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.I.D.) 3ll“/^7*33 35^ 0^0^ Please check one - Is the property _ _ abstract or y torrens? Please attach legal description to application if not included on required survey. APPLICANT Name Phone 77 " ^ Mailing Address OWNER Name Mailing Address honI Date Property Acquired loJlSZ (month/year) I (do) /fdo notj also own ttie adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request in detail; 0'')^ VARIANCES REQUIRED Lot Area Lot Width FrontSetback Variances ( y Other r^Td-uO-iS"') Hardcover Side Rear) HARDSHIP iLl< DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; J*y>t REQUIRED SUBMITTALS 1. 2. Completed Application Form Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3.Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. 5. Certificate of survey including hardcover calculations as required. r Plat Map. f The Applicant and Property Owner must sign remember that your variance application is information has not been included. this application. Please not complete if the above APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature OWNERS SIGNATURE Date The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council merubers for purposes of investiga tion and verification of this request. Owner's Signature I _ _ _ _ _ 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. r 'V' ' ^7 S /f# s Cj »)5 vt». I i'S'V «U 23 /^ *6.. '■ (jli) JT ^• 5>s f^m '{^s l**4 »- ^o. S , 5 __2 3S.SO s 1^ £4»js#-^'^W . ■:'/■ ■: i '' ■Mi 5 if 1 .f/M'ifh'V-. r * • •rri,?r ‘J\• f. ».w » I I « * M '' i] d . .IVViJk V‘\ ' * si'NV'^^ ill• Ti' U f . II ’.•/ J. I i • • Ji . i •' • ' ^f. I \ \ f . • ■mfL "m. ^ -"■t.f ■■ • ■ VviCi W i-«1 ii • >1 V; / wi ii *' • ' • J • I , i ..•4 I \V J r/ . ' ' / ’4r^"( .».JT: ^ 44 * I I I'i •■P J • - ‘ fsa v«': , ■' VI' V 'iMm '?'.“'■ ,>•■ V; .. ra AT' f ;ir/ A*'M •iV; !^>,J UMm i:wsm ' m): ••jrrVw.. ' .‘ii\!’ I r \ V Ife’- 1%!#-f., v» iV Vi :V'i •■■ ■ ■■ . •1-vf ^lli m I />1 V • • / Ji km -4 '30 i April 29, 1986 Planning Commission City of Orono Due to the high estimated cost of a full survey (to $850), I would like to appeal to the Commission to relax somewhat the requirements Involved in seeking a particular variance. Our house sets back 77* from high lake level. The 0-75' area is 150' wide, and currently has 0]^ hardcover. The house was built around 19^3 &hd may or may not have had walks, patios, etc. in the past (we tore out some aging flagstone once). The area is well-screened by spruce and other trees on both east and west property lines. The two egresses to the lakeside, kitchen (new) and dining room (original), currently step out onto grass. There is marginal opportunity to use the lakeside due to either wet grass, mosquitoes, or bees, or all of these. And there is a great deal of tracking into the house from the lakeside. We would like to add a three-season (unheated) porch and patio covering approximately 55 of the 0-755 area. The neighbors on either side (lots 10 12) have no objections. and The current hardcover and proposed hardcover are approximately as follows: current proposed 0-75'05 55 75-250 265 26, {about 205 } 250-315 55 5, {of 75'-315' area } Enclosed is a section of a plat, plus a sketch of the prope: ly showing existing hardcover and variance desired. Dimensions are from existing iron corners NE, SE, and SW, and existing iron stakes along east property line.* Due to the large land area and conservative existing hardcover, and since the variance only affects the 0-75' area, we would like to request the Commission only require certification of: 1. setback from lakeshore to house 2. approximate current hardcover percentages The major costs of a survey would be 1) confirming the existing corners, a moot point since it is the setback from actual lakeshore that is of concern and not from property lines, and 2) super-accurate hardcover measurements (especially driveway), again a moot point since hardcover beyond 75' is conservative and not directly Involved in the variance. T appeal to your sense of reasonableness. If the proposed variance is reasonable, and a full survey can be waived, I will submit a formal application for variance and hire a surveyor to measure and certify setback dimensions and hardcover percentages. 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