Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06-16-1986 Planning Packet
p ■ 1 i PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE the 4\ PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) r Zoo/ IZLc/<^/uu jZ. ^ 7 wv iO a ia/ li-. i MP LOj; '^JL lUi 13/^^ *r/^, 15. 19. 20. |01O Tl.. 6rooun R<t L/V\a LAib aim Vj /«-2<i v\\ non ^ ^ *7 A(jr ?</t/tn/a ,SC<nS~l^. t-/ n-*r -^k fira n tifB’io ^^^^if\/yc:yoL> /vt/«£ /'■*r y/•i'^ iiCt/.<ii ^ c 4 / (D'J 9 - /o4c3 -^/eyo LQl2l£L loJ<f /£‘4-0 c /zz9£. /oi>9<y/6VO -'' -••- •'i NOTE: Needs 4/5 vote of Council Planning Commission Members Michael P. Gaffron, Assistant Planning & Zoning Administrator Dates Subject s June 12, 1986 #1036 Nancy Ferrell, 1001 Wildhurst Trail - Vacation of Dedicated Right-of-Way - Public Hearing > ■ * >' V ■ ' i_____.V. U.■> Zoning District - LR-IB Applicatioi - Request to vacant adjacent 1/2 of undeveloped public roadway originally platted as "Grandview Place". Existing Lot Area *= 0.64 Acres Portion of Street to be Vacated ~ 0.22 Acres Application Plat Map Property Owners List Legal Description Survey Copy of Air Photo Plat Showing Local Ownership Sewer As-Built List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - "Mount Home Park" was platted northwest of Forest Lake around the turn of the century, and was registered (torrensed) in 1914. Portions of the plat were vacated in 1962 per a District Court Order (#571104) to which the City apparently was not a party, creating 3 lots of 111', 111', and 112 in width respectively, (now know as 995, 997, 999 Wildhurst Trail). dedicated roadway which was vacated reverted back to the under lying property owner(s) as required by law. At 999 Wildhurs , note from the plat map that only the east 1/2 of Grandview Place" was vacated in the action. The applicant is requesting the vacation of the west 1/2 of Grandview place adjacent to her property; all of proposed to be vacated would legally revert back to the applicant. No properties will be denied legal or reasonable access as a result of the proposed vacation. The property to the west and north of the applicant is owned by Harriet Morgart, with existing access further west on Wildhurst Trail. Property north of Morgarts is developed as a residence at 4455 West Branch Road. Zoning File #1036 June 12, 1986 Page 2 of 2 The City has no plans to make use of the property to be vacated. Existing City sewer lines are well within the right-of- way of Wildhurst Trail (actually platted as Highview Lane going east-west). However, it would be prudent of the City to require that a drainage and utilities access easement be granted over the property to be vacated. The City has no plans to develop a "through" road at this location. If a through road to West Branch Road is ever contemplated, a more reasonable location would be along the west side of the Morgart property. The vacation will not result in the applicant's property gaining legal riparian lake access. An existing dock in the end of the channel (about 75' east of northeast corner of the P^op®J^ty to be vacated) appears to be located on the Morgart property. If the riparian access becomes an issue, the property lines and corners would have to be staked by a surveyor to make a more accurate determination of the relationship of the property the lakeshore. Note that the only boat tied up to the Morgart dock on 6/11/86 is owned by a Brett Ferrell of Mound - apparently the Morgarts have granted permission to him to use their dock. Although not an issue within the purview of the vacation application, applicant should be advised that it is not legal for the Morgarts to rent the dock space to the Ferrells. Given the facts as described above, staff would recommend approval of the requested vacation, finding that: 1. ^ The vacation does not affect access to or use of any • adjoining property. 2. The City has not and does not intend to develop, improve dedicated right-of-way as a road except for utilities and access purposes hereinafter described. 3. The unimproved dedicated right-of-way as it exists serves no public purpose. An appropriate condition of approval would be: 1. Applicant shall grant to the City a drainage and utility access easement over the roadway to be vacated. —n 1!rram>r • y 4 % . i.d3 1 ( rt\ > X S o ^ ni z 6 o ;o a n ^ >X f- mr o inm wi M M r- Z Z»s Q mamgg 04 0» r 04 r> 04fN» isii 3 TJ J2 TJ m > 90 \ — fe > n Z oa a > o a 3 » 90 m ^ X X O 04 ^ o o> X n n $ o_ M a » >4 illsiO rv» %n at in H rri 0) ^ SH"■•SS I Nga giijg-o -< > m z a 90 > a 3 90 m 3 ►- o o C oW ^ ^•-no •<^ r in » Ol 01 ^53 04 09 O •- o NjI fi m z •- m rn M vj 90 w c • :o » b m m z 04 » rv) w •- i!2 01 -10 3 353” 5^ rn z So 90 > a S 3 90 90 m H O o n.,.9o">sgs S O p» > ^ S O 90 3 01 04 90 90 O ^ M M 01 O ^ Z rn fn 5S-:* i m H s:§iis W --«/l (A ^ H H H f glN» 2 Hm 01 M • .V f..- r r . -i ' I** ifi ■nr^ |_A I Gl |- Ot ooo»— 04 C 4 . J ^ f • •• 1 • “ ^ X X o > > sssmi •Sj I • / . ' ^ ^ m oi f 01 M r ^m 01 H n •now i> S 0» ^ oi•n 01 o S > Z •- o Z o S'" Ol S S S £ M 01 01 90 9Q X 04 W H a O C^ > > a IV»^ H 90 90 .;l a o c> > a IV» H V 3 .;l 5 H H H> o ^ rl ®f- JO •- c^ 3 •- O O G o Z 04 H s » JO zM Mm m z z z !SiiS§ 1ro 04 C9 o n 01 1 01 Z Z X H fv>Ol > m 04 01 § o 01 01 z ^ H m ^ Z H ► > M 04 B n z rv>04 H OQk X rr.> M 3 _ Q g I rvj 04 o o* gsgg2 w a aO MM _ z m m 3 M H H*5 In 01 Z z W H O Q?gSS >M r- 04 C» I >JIrv> 04 2 M X X c 01 01 o g b IM 3S 04 ZmI ism • zM 01 04 Ol p -I * t r*vf r • ■ CITY OF ORONO GENERAL LAND USE APPLICATION Oaccuh'&T^ ^ ^ Sio, PROPERTY LOCATION I Site Address /oo! iC-^1— 'Tl^L Property Identification Number (P.I.D.) 0*7-//*7~ '^A Please check one - Is the property (for Conditional Use Applications only) abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name ^ _ _ _ _ _ _ _ Mailing Address JOO/ !\J) L.D/-/o 7 7~£.l . Phone ^7J( -SJl ’S'/ AI oUa ^ O /^;a J ^3<ii OWNER Name I i '(^)rcr>\o U fo^lD\f\1/ <L^ Phone Mailing Address Date Property Acquired (month/year) ent^ftrceI (do) (do not) also own the ad FEES - CONDITIONAL USB PERMITS _ _ _ _ $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg I $150.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore ■?/ PRD/PID - see fee schedule CTHER APPLICATIONS ________ $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision f'- J s. OTHER APPLICATIONS - CONT. _-____ $250.00 Rezoning $200.00 Appeals Other — see fee schedule PRESENT USE OP PROPERTY Present Zoning District i a Present Use of Property rt.n7777~^> ______ —_____- Others specirfyt-"^specrfyt DESCRIPTION OP REQUEST Describe request in detail: Opr REQUIRED SUBMITTALS 1. Completed Application Form. Cernter 348-3271) ^ ^ tment or Finance A-603 Government Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. rere4er“haryo®ur'^app?ilat7on°^ application. Pleasenot been included. complete if the above information hasincluded. APPLICANT'S SIGNATURE provide all information required or un^ra^^\VeLe\^^nltr^r"eI re^^-^d/^r °anl*'t^or?e^c\^ToTberesro^f^i?s/te%^ Applicant's rlgnature OWNERS SIGNATURE Date ISthorized'’re'a^soUbTe"° entry^ *°^**’u® ^PP^ioation and further agents, comrission members and c’ourc?,'' =o"S“l‘«nts, investigation and vorificat^n of this req^^ purposes of Owner's signature Date planning Commission offices 25 days before th third Monday of each mo^th?' Commission Meetings aro^ held on th^J I COFFIN & GRONBERG, INC. .'tURVEYIMO, ■NOmnmiNO ANO lANU PLANNINQ 4«a-A TAMA3IACK AVCNUB LONO LAKC. MINN. BSaM 47S>4141 Description of Proposed Vacation of Grandview Place for Nancy Ferrell That part of the adjoining West half of vacated Grandview Place lying between the Easterly extensions across it of the North line of Lot 1, Block 4, Mount Home Park and the South line of Lot 8, Block 4, Mount Home Park. -ill . Jr. V- ii. #1036 rW. s 'i r-. r • •. • s. %«.«.> * 0 9, ® Win HIS Km^Honm fitsf /yf/e o/ £*t o/ A'/s -,. / /AnJ S of Jarvfy for :it''vrn l . Cl-.:u:'.3cn In lilocK liy Moiuit lAiC'.o lark iknnci iii Co.inwy, llinncsota .1! i horelv crjiai!^;' thrx vhin is a true •ui.c. coirrcL rc] rf';.ci;l..t-on of a siirvr.y cf thr bou2:cari<"\'5 of; rxT I. 'Ihe ii.st 1/2 of Loti: 1 to ij inclui^ivf?, Llock 4, iloant Kcnic li.rk, i.i' i'*.r 2i r.hfit jrirt tl.e Southerly 2LC / r /♦ j -'I ^ nt Lh« Wout 1/2 Lot <• 7 I i; 7 -T a 2 l ’“a.it- * o'* '*jllov*i::.7-ce«5crib*’d Hr.!*. at s joint in li.''' center of thr Jt-’j-;:.!: lin<= of liiJl o; thTC" to :. oint on Iho .<^Kt Mr.'' o'* Lot 3, ?-jic /oint ::;^c f''‘*t .’.ortli fron the . t • L I li o'' iilork 4, ir l!ount lirk, ]a tl« Icc. t!or. o'* cll ''xistin£ ‘iif’r t;It JO‘’S not , 'r^o?t tz 5' oti'^r Lnprove- to or *ncro- clr.'-ritr. G’orcon R. Cb^'^ln R'".^. 6064 /vivln ?., Rfhcer R^tT* lio»l321ft> true Jirv^'vor*: "td i'loiJiers Lor.'' L k''. .inn^'rotn 1» i; »» . I 2-26-SC Ii'on tiarker f*pHjrlOt^ TO e<F V/AeATgP |4|^ iorly If* It Ov - \ m w « A.Ji'i’ / / ^/ \ I (SI \ '<v* ^'/ v / «3ff?>ijr\; ••. V' -^J .w "X \ • It i i I • * « f • t 4 » 1 ' -*-.»..; lyil'.\ 4 I ' I i ' 1 4 ! r -- r#--. \ • ■■3a«fc- .y iiJf .l * '» 223^^:;'.»/' -JT/^%'■' _ :iliiilL.^----------------------------- — 11^^’ IP':’ K»f in"‘-*^h'i 3^. p jp iffe V-;. JSTir i*-.' ^iCk ^W V«;-t.vV lO «• • , ‘ '• ‘ i2» ‘ '••* ‘ <r .r.i.,v ;r- ‘v . . • »-*- '>•.*' 'i A ' • ‘ • fiScAV !«/.i "; v*‘^t "'i .....r--S^'^A / • • 'i- "-^ ! ’ ■ ;; -' 1 *^y. , , f t >. • .'^'0^1 . ■. 447.'M o V; . , Oft S__4 .9S .i /. ■|Py;P^-4 6.W mm-. pftp - ui^ ! ■’ ' ,— N I lO I C 1 <f> , "I i i m V. .f Vi. Mi % \ \/ usjSi£ l';'4- \ fpr^>'y ; ■IS < i{ :■*.; ^T ■■ <{' ♦ I 1 1 1 ' .••? y —o^^]•• 1!%1 •^1 • r 1 I'/.. v<' . IM Ki ife' • •. ^ *' .• |r- ^ *v# LV7' * '<V‘"i.i • . •■ r ^ \ I ■ IS4#V''W / P*rv ';'. /te-.,:;:,-.,// / -------------- -------1 6ig5i ’ 1^' i^'||ECSE m4' ii .. -------------—1 • . i . f ^ '« . ■ ';.! _____________——*■ \ <?ll L fii f • > •v ^ VI) •1 m / L su • 1 4 J Hli ;• ! : : : I ? i ? ! : ; •: :; \ \ \\ \: : ; : : : : Mi! t :* : i M I •: i ! i i 1 5 i I I i i ! i M ; : i * : i i i ! ! ;• r : : : i :i t U i i • : : : : : X ? i i i ! j *; : : : : i i ! i ! i i : ! i !5 i : ;: : I I I : : I t : 1 i M MJ M i i •iiiiii ! : I ; t X X ! :i : : : t mil tjiii M I ■ i ! : m f m : ! 1 :i i ^4} ;__I__1__L : : i : : : i ; ! I : : : : : : : ; : : : : : : : mS" |‘ oit i ! ! fpoft o • ••*1*V . •# 9 ••• * .* ••• • • •*• • *v ••01O i ••m zgo ^ ml 2 *»n \4-_ 2. IQ tu y < * • **\X.— - t 1 Mi;: ! ! I i i Iff : i ! = ; i • » : i i I M I Mi ! i ! i i ! i i \ X ♦ -• 1H9IU 33S V *.* • 3AIHQ SddOXOOHS iimt To; Pr< Date: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Planning Commission Members Jeanne A. Mabusth, Zoning Administrator June Hr 1986 Subject: #1026 Mike Hi 1 be link/John Vogt, 160 Old Crystal Bay Road Preliminary Subdivision - Second Review Zoning District - RR-IB Total Area - 18.486 Dry Acres Application Lot 1 = Lot 2 = Lot 3 = - Class III Subdivision 3.115 Acres 6.715 Acres 8.657 Acres - Plat - 3 Lots Second Review of implication Planning Commission tabled all action on application pending resolution of access issue, receipt of preliminary survey and septic test confirmation that additional, suitable septic area exists for future expansion on Lot 1. List of Exhibits Exhibit A - Plat Map Exhibit B - Septic Site Plan Exhibit C - Preliminary Plan Staff has met with the City Engineer, Glenn Cook, on the site and he has confirmed that the proposed access meets the 275 feet sight distance standard for a 40 MPH speed limit. In fact, after the surveyor located the southern lot line of Lot 1, access via a southern corridor proved completely unacceptable. Staff has reviewed the need to acquire additional access for future development to the north and east. Review Exhibit A, the majority of the land to the east and north of the subject property is undeveloped. Given the limited density of this subdivision application, it is difficult to determine the best location of future access corridors to the immediate east. As for the north. Cook suggested that City designate a 25 foot outlot along the northern boundary line for a possible link to a future extension of Woodhaven Drive. If the northern parcel is developed without a southern access road, the 25 foot outlot may still be used as part of an eastern corridor road. The preliminary survey confirms that all structures meet the required setbacks from newly created lot lines - animal barn is 150'+ from east lot line. Zoning File #1026 June 11, 1986 Page 2 of 2 The septic test confirms suitable area for septic expansion in the front/street yard (review Exhibit B). Staff recommends approval of the 3-lot plat application of Mike Hilbelink & John Vogt finding all lot standards of the RR-lB Zoning District have been satisfied and granting a variance to 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. Dedication of right-of-way for Old Crystal Bay Road and Watertown Road. 2. Creation of a 25 foot wide outlot along northern lot line Lot 2 to serve as part of a future road to connect to th'i north or east of the subject property. 3. Payment of $200.00 park fee ($100.00 for each lot). Applicants should be advised that if it subdivide in the future that care be taken sites so that variances are not sought to Standards as the Council does not approve standards with subdivision applications. Standards are as follows: Front/street setback = 50' Rear setback = 50* Side setback = 30* is their intent to in selecting home the RR-lB Zoning variances to lot The RR-lB Zoning •‘I 04m i• . • % • •• • t Q ■• • # % « . • *' * ' /• % 4 •■ • ‘ ,r m D» r • •'V ' ^ -» . ■•■.• i • s ‘ ■'■•> * 1 i «•» *•. 1 .• «IM 1 ' 1 •;■ ;•/* •• • ' *.r ^ ’. “ >. ■ *, • •••■• O' • • « * • • < •• ^ 9 •s ' • s « • 1 rrj1• •• 11 1 t r/ *1 '■^ i ^ i*.- > f V /•/ ^V:-.-v r • • *■• » L—fit # * eMti ^ • liiA KCIW r^^ernsn r* W • ft II U..JU!------ 1 \ L. f S • t CDc ? So s (g) i I —4-4 0<u'*• 5 0 n* < 9is f (I i * • V ' ^ •**“ - • . « .9* K ^ *r>>5r' */ .' -'. • . # • » ^ • • ••'' V' *•#* i • 1 -1» '4j:• ~ * ■ * • •,! ; » • *» • « U.mi'j ::^» V i * “OANIEL.S . , . . LOK^.r • : 4 ; -i 1^. V v:s V‘_^ •m To: Pro Planning Commission Members Michael P. Gaffron, Assistant Planning & Zoning Administrator Date:June 12, 1986 Subject: #1034 R. Scott Prochnow, 3440 North Shore Drive Variance - Public Hearing Zoning District - LR^IC Application - Average lakeshore setback variance to construct an enclosed 3-season porch over portion of existing deck. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Hardcover Calculations Exhibit P - Construction Plans Pertinent Pacts Hardcover (no variance required) Existing Proposed Allo' 0-75*0%0%0% 75-250'24.4%No change 25% 250-500'20.2%No change 30% NOTE that entire driveway is included as hardcover, although it serves 3 additional homes. Average Setback (variance required) Existing lakeshore setback is approximately 180* for applicant and adjacent residences. Encroachment into average setback = 12* Discussion Applicant wishes to enclose a 3-season porch to be located over a portion of the existing deck on the front side of the house. Residences on both sides of applicant are set back approximately equal distance from lake, hence, enclosure of porch causes a 12' encroachment into average setback. Existing trees, and bushes, already obscure neighbor's lake views to the side, and the extreme view angle to the side would limit these views regar'^less. In staff's opinion, no substantial view encroachment will occur as a result of the proposed porch. I talked with neighbor to the east; he is in favor of approval, and he informs me that neighbor to the west is moving. 3 '•5 •? I h Zoning File #1034 June 12, 1986 Page 2 of 2 Hardcover is not an issue in this application. Staff Recomoiendation Staff recommends approval of the request as presented, finding that: !• No substantial existing lake views will be encroached upon. 2. Existing house and proposed porch will be setback approximately 168* from the actual lakeshore. 3. The addition does not require a hardcover variance. r. . ' HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; dcctc I jpc^ Ocj'tc'tchA x^( yf^ r' rrct^t— Cy^n^t.iJL_ _ __ _ _ _/<*V DBSCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: yx^^JL^ ~ ° J. e-irW' fWtrt 7WT-, REQUIRED SUBMITTALS lui'. Completed Application Form. t^. 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) Stamped# legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. \JK Certificate of survey including hardcover calculations as required. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator# agrees to pay all fees and/or unusual expenses incurred in review of this application# and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature 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. Ow.*?r's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. fl I • / p 9 9 9 CITY OP ORONO - VARIANCE APPLICATION S-/S^'(5^6 Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Pee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION -h Site Address /tA. s/? Property Identification Number (P.I.D.) ^ //7 ~~ CJo Please check one -- Is the property Y abstract or _ _ torrens? Please attach legal description to application if not included on required SUlTV0y • -----------—___________________________________________________________. *||| APPLICANT ^ ^ rr ________________ Phone Mailing Address SVyo a-q. OWNER Name fZ. ^ ^Phone <V7>/- ^py9' Mailing Address ^op. JU^ , Date Property Acquired f 9F^ (morth/year) ^ ^o^_notJ^also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District Present Use of Property Residential^ Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: *- Vo ^ VARIANCES REQUIRED Lot Area Lot Width Hardcover Setbaclc Variances ( X Front _ _ _ Other ^.-r- Side Rear) (OVER) n ;a o M x: ui Cl Cl o 14 S iAJ> CD i> m m L4 o^ 72 7J ^>-< oi ^-< ►- N O ^ U1> Q O O f4 r» > > > _ r- r- r» o H t: a b o ^ o H 05 2 m o> > M S 3 1 H 3> O 1 > O:o *o •-.0 u c« »-«723 o > 11 05 •- 2 3C . ^m :o 1 2 X :a o > > ;u 1 ;• h *C! 30 ’Jtr.f.'i ^ •«rV cart* * ' r* i ** *'.• ♦w*r to a ir L :rll u r.*i oi ‘said f jv*v NortiiV ter ■iyi C K*-rt ••.•ju 11 iri;/ CM * • 1 w chod c fN 0 > t*- oN 4 D 0 cn OT cn ‘ »-h cx 0 ■ 5?s?. \t U)u»K> i U1 o Ul ''x 0^ iTiTi [•W •JIM» •W\ •iftit] ti: V i- Zoning File #1035 June 12, 1986 Page 2 of 3 The definition of "through lot" requires two, parallel streets. In this case where the subject property can be accessed by either Hanlon Avenue or the alley, Hanlon Avenue technically would seem to be the primary means of access and the alley is secondary, even though the alley is used by the property owners and is maintained by the City. Since Hanlon Avenue is 60' wide, it would seem to meet the definition of "street" as used in the definition of "through lot". But, looking at the definition of alley, i.e. right” Df~way affording a secondary means of access to a property, what about the house at the very end of Hanlon Avenue, which is abutted on but not served by Hanlon Avenue. The only usable access to the property is over this alley. Does that mean this alley is really a street, providing primary access, (even though it is not 50’ wide)? If so, is the entire alley considered a street, or just the portion adjacent to the last house? The Zoning Code does not address setbacks from alleys, except that a garage opening toward a street or alley must be 30' back. On lakeshore lots, our current and scon to be amended codes specify which setbacks apply for an accessory structure on the street side of the property. The question is, on a non-lakeshore lot, if an alley functions as the primary access for property, and there is no other suitable access provided, is the alley really a street for purposes of defining setback requirements? Staff feels the definition of street needs to be changed to not include the 50' width performance standard in the definition, and then define street solely as dedicated public right-of-way providing the priipary access to abutting property. To Siunmarize: 1. Does the fact that the alley provides the only practical means of access to the last house on Hanlon Avenue mean that the alley is really a street? Do any other facts lead you to a conclusion that this alley is really a street for setback purposes? 2. If answer to #1 is yes, do you agree that this is a "through" lot width 2 "front" yards? If so, then you are requested by applicant to grant a variance to the 50' "front" setback required from the lot line at the alley, to allow a 10' setback, and to grant a conditional use permit for accessory structures on a "through" lot. 3. If answer to #1 is no, then the alley lot line is treated as a rear lot line, requiring a 10* setback (as proposed) if the garage doors open to the side (as apparently proposed). In this case no setback variance is required. r3k:»-i i Zoning File #1035 June 12, 1986 Page 3 of 3 4. Since applicant has stated he will reduce the size of the structure to 1,000 s.f. or less, no structural square footage variance is needed. 5. If you determine that no variances are needed, you could recommend to Council that the variance fee be refunded in part or in full. W -4 I : -.y • m-Mm IKfj m 'S MW^ / 1 c' . / * -- S''S>/'B^ , ^iso oo U^''- 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) i 1 PROPERTY LOCATION Site Address 3 3*7 AVi"LJL?mk Property Identification Number (P.I.D.) O ^ i \^ \ OO11> Please check one - Is the property abstract or S torrens? Please attach legal description to application if not included on required survey. APPLICANT Name 4?^ ^ g,-V>f=* e.Phone ^ Mailing Address .C3 "7 Mwo P.\; g. oJ ^ fWik—ilUl OWNER Phone ^Name ----- Mailing Address >5*3*7 r/, Ao g Date Property Acquired !^ ^ / R _ _ _ _ I (do) Cdo no^ also own the adjacent parcels of land (month/year) PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Wj 035Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ O n Describe request in detail; l Or^r:> S<|., F’t~ ^ t L.t> * .SWoo g - - - - - - - - - - - - - - - -—_ _ _— - VARIANCES REQUIRED Lot Area Setback Variances ( Lot Width Front Side Hardcover Rear) Other i'A ciamccj A^'t « ^TVUKsLrtt t'-ei- A-b&nvc^^. 2^3 iC.(fA^ !>crTB/Vc^ |/AfL. <^:>ajt-c> .STTScfe'^. HARDSHIP Lai »» ,1 \ ^ ti ‘ ISiA Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS • #..i Describe unusual property conditions preventing compliance with Zoning Code Requirements;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150* (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. 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 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^-C^^v^y^-iJt^ _ _ _ Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. S/j fig. Owner * s Signature >.os—^_ _ _ _ _ _ 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. % yyr -- V % A I # ^ i ^ >.jV • r . ,. Om V .i__ TJ ®V '^ ^ ntm rs> I Irv> 01 C 01 C -< o P o» •• Ml OI . <Ml m m Ml (/) 04 -4 X M X ft! > (A Z r* IN> I vj I IN) 04 <m o 0 01 • OJ ►- O f o mgo» 7a o _ X 3‘-S H r- O S W H 2Si-< m XI Ml < gm rv>o 04o> Qzoo > INI I 3 _ ►- (/) fc r- Z I m r- ro og„ 04 ► H* <m o o I.4. H O -O z > :: xj> X z o 3 TJ ni U m > X3 > ni Z S o XI > a O 3 9 xj m x: •-* o o> M m m •< Ml o o N Ml XI XI > MMggno 5| t/> §Ml Ml 04 Ml ^ H m m 55ti -n H 11 » < ^ o ?: m 3 m m XI Ml » rv» 0» !Sl 0 M 1 Hj I M 04 Of 04 I rv9 04 oo 04 09 0 rs> 1 -4 0 3 3 U m Ti f il > XI \ ► > m z o §”isz m 52 -< O n X 5J H CP S Xm 1 mc/i (p o o Ml H O 0 1 Ml Ml 04 > <m -om Hm X c/i (P S XIm 1 M Irv> 04 5 o m o r» MlH MV >Hrnr- c* b Z 5 z a m z 51. _ “ wro 1 * - m f" VJ § Ml H > H ft| Of (P 0 1 a a m ri n H I 04 hI 04 oo f\> S Ml X X O Of> 04 > > O ^ •< ^ » XI Ml ^ X r- r* ^ o H m o O fM»• m I n > t: m o m ^ 3m \6u H O *n > i: XIX z o •D m XI ► XI -< > m Z o XI > o 3 XI m g 05 X X^ o -< X o o M 3 3 H iN> m fti > -< -< m m 3 XI XI m o rvi Ml Ml Of«o rv> 04 ooroo •n n » O O XIn m Ml XI > -4 r ••< m Ml (P H H > > H H m m 04oo U CP O H EO > > 0 ro 1 ri > XI o(/) c. > o o^ □ o om m n n H H H M 9X I M Ml 04 H Of oor\) > -< Ml O H > CP > XI XI rn n o o X o fit Ml 4> H O )> XIr-m O') X ^ -o ii 0 fNJ 1 I H O H z > j; XI> X o3 n m u m > XI X -<> m o XI > o O 3 XI 70 m so § Ml O Ml c. c. o > ► O 3 3 Ml m ni o (A Ml Ml 04 (P I S Ml Ml 04 > <m -s Cl N X > m > M Ml Z 0 rs> 1 M Sis N| Iro 04 N m m Ml H > M 04 Oo SM O Ml XI o g Ml O X > c. c. g gm m Ml Ml Ml > Ml < 04 m fit O XI O N > m M Mlr- X,-s m m O > Z r-M O M I M 04 Oo X > 5J H ►- XI 04 Q O Oo m XI 11 H X Q XI O2g fit 04 OX o ofs> H I Ml H H Ml H ►- O ro <XI XI z M m XI ro n a ro04mr- m 04 >H m 04 X > Ml 04Ml Ml IP Ml <m ^ 04 m M H04MlOO > 04 Ml m XI Ml o 04»-•04 Z Z < r-04 IP i-t 04 >Ml m Ml o >sOOf—o f—•r < o Ooom o oOIroro1^ Ml 01 ro 0» #1035 f € r: in X go XI H > X n > -< m XI Mom u XI > z o > o 3 XI m Ml Oo a Ms §|«.3 o o Ml o o 04 0> Ml Ml 04 Z 11 > r- < m m M c. X X 2 I CDm 70 Cl Ml >am r* 0 1 X g r r M 04 I Oo 04 s § Ml (\> O O < < M Ma o 35 Ml . Ml < 04 m«o ?5XI XI H HM M O OI O 6 Ml ro »- o ro I M M X t-gvr* ro ^ 04 . 04 r- r- o o XM Hm C Ml XI > 04 O K vj (P S;ixS H ► H XI o o < Ml 04 fit Nj r- fit i§3 M gs Ml fti m Ml r- 04 •-» o m Xzm ro I m X o m >Z ro 04 Z ^ 04 m > ►- Z < m o o C 1 CP > Hn XI § o 5m o Ml \ ro 3 70m i ■o-' ni • *11 Mr> 04 04 1 H o g to>H ■Jb u in u m > 72 >> rtf 3 o o > an M 11X o H* mi* As72 ni I tox Proa: Dates Subject s Planning Commission Members Michael P. Gaffron, Assistant Planning & Zoning Administrator June 12, 1986 #1037 John B. Busse, 1951 Concordia Street Conditional Use Permit - Public Hearing Zoning District - LR-IC Application - Conditional use permit and variance to regrade lakeshore yard to create a walk-out basement configuration. List of Sxhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey With Proposed Grade Changes Exhibit E - Hardcover Review Pertinent Facts - Half of the existing house is in the 0-75* setback zone. Total 0-75* hardcover existing is 21.4%. - 0-75* hardcover potentially could decrease under the proposalf however, applicant has not indicated what items would remain or be removed. - Slope of existing bank is approximately 70%, rising 18* over a horizontal 25* distance. This area is currently • wel1-vegetated. - Relatively flat area, slope of 0-3%, is about 2500 s.f. (not including hardcover) in 0-75* zone. This area currently provides relatively good run-off absorption. - Flat area (5% slope or less) in 0-75* would be reduced to no more than about 1250 s.f. under the proposal, an approximately 50% reduction in effective run-off absorption area. - Regrading would destroy most of the vegetation currently helping to support the lakeshore bank. - Neighboring properties on both sides have a uniformly flat lawn and a steep bank leading to the lake. Regrading to create a walkout would not be consistent with the immediate neighborhood. - As with most other steep lakeshore banks in the City, the bank is not readily mowable. i Zoning File #1037 June 12, 1986 Page 2 of 2 Discussion The City Engineer has reviewed this project and verbally expressed that he sees no benefit as far as run-off and sediment retention is concerned. If this project is approved, erosion protection measures would be critical, as there is a high potential for erosion into the lake as a result. The Engineer's written comments have not been received as of this writing. The applicant has not demonstrated any hardship or presented any case in support of his application. You should request applicant to explain the reasons for his proposal and perhaps bring forth any hardships to the property which have escaped this review. Staff Reccunaendation Pending receipt of City Engineer's written comments, but as of this writing finding no demonstrated hardship nor benefit to the quality or quantity of run-off to the lake, staff fails to find justification for approval of the conditional use permit and variance request. -i" $100.00 a) $150.00 b) $150.00 c) $250.00 d) $200.00 f) an obtai Dvernmen the namei Please :ion has Lred or and/or .es that his/her further iltants, ses of ore the on the ATPRAISAL BUIIMIC AND WCAnOH/PUT lUP I • * 46' ONE STORY WITH BASEMENT 16S* 4»i' 24'j ’ 354'r • t 4 y ••'>1 # n ‘-.(i m^4 -4 V ’» > '-r^-ve , • -*r -•‘ r- (A* 1>i. A ' r w'-4.S ,,«- *“' ,^i.I L r 1 1 i«*ii A avEt I. riEiMM OOUMTT 8i*WftO« MCMNCI4N C*K«t».»»*»«#1037 jwER/aiEirr O Ronnkvlst zifrna»i> '^1 Concordia Street jno Hiunaaota COUl HanncpJ^ 7TF ’^W> lkal DtscAirrioii Lot 10. r«g«roc»» CLIENT; Ak* Ronnkvlst lAf .luo AR1. • rnu* t It 1 I a »NU I HI 1 T SCI In MA iam m Af« I Ft ^4 V4 ►- guir- 0>H O < 1 > o Z CD -n M-3 o m > ^2 o :t3 O 1 z o m rvj O Cl:a u4 M :qzui > m ^ 1 ll O O M n m m a > Si Ji 1 1 C9>?1 » oors» o > ;;{ o Uf s:! 0> O" s XImi iim • •oM O' r \. ■ I* i I i 4 ^\0'3 BonesUoo, Rosene, Anderlik St Associates, las.Otto G. Bontttnn}, P.B, ft W, Hatfftf, P.t, 2335 W. Trunk Highway 36 St Paul, MN 55113 612-636-4600 Engineers & Archil im James C. Ohon, P.E. . ^ I 61986 June 13, 1986 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. Mike Gaffron C/r<M «. Coot. P.£. Ketth A. GutcAmi. P.B, Thomas t. Noyt\, P.t. Mkhard IT. f oi/rr. P.£. Hobert C. Sehantcht, P.E. Marvin L. Sorvata, P.E, Donald C. Burgardt, P.E. Jerry A. Bourdon, P.E. Mark A. Henson, P.E. TedK. EiHd, P.E. Micheel T. Hautmann, P.E. Moberr B. PJeJJrrte, P.E. David O. Loskota, P.E. Thomas W. Pererson, P.E. Micheel C. Lynch, P.E. keren L. Wittis. P.E. James B. Mekmd, P.E. kenneth P. Anderson, P.E. keith A. Bachmenn, P.E. Mark B. Bo(/s, P.E. Boberr C. Bassek. A.LA. Thomas E. Angtas, P.E. Scotl L. Yoang, P.E. Charles A. Erkkson Leo M. Pewelsky Harlan M. Olson Susan M. Eberim Re: File No. 139-1037 Busse Dear Mike, We have reviewed the proposed grading plan submitted on the Busse property. The proposed grading would not significantly change the quantity or quality of runoff from the lot. Disruption of the bank could result in a negative impact on Lake Minnetonka. The City has not approved grading of this type or projects in the past and we would not recommend approval of the grading plan. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. t -.A r Glenn R. Cook GRC:li •S.'S' f f > ' - S ' 5752d i ■ COFFIN & GRONBERG, INC. SURVEYING. ENOINEERINO AND LAND PIANNINO 482«A TAMARACK AVENUE long lake. MINN. 08286 473-4141 re ,}t 6-16-86 Planning Cor.imission City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: John Busse Property Grading & Drainage Plan Mr Busse desires to create a walkout toward the lakeside of his house in ord- e^’to help eliminate runoff water collecting against the foundation wall and running in his basement. In order to have positive drainage away a slight slope to the lake is proposed, with the main portion the bank re maining intact. This proposed slope would be at a more gentle slope tha exists which would allow water to percolate easier into the soil. Also, the existing deck near the lake would be removed to reduce hardcover and runoff into the lake. Durina construction, a silt fence would be installed to prevent erosion into the lake, and all disturbed areas would be .'■.odded right after construction. Sincerely. COFFIN & GRONBERG, INC. Mark S. Gronberg, P.E.‘='S L.S. i;:: V' V - i •'Td: • 'i I Date: Planning Commission Members Michael P. Gaffron, Assistant Planning & Zoning Administrator June 12, 1986 Subject: #1038 Gordon Nelson, 1310 Elmwood Lane - Variance - Public Hearing Zoning District ~ LR-lB Application - Hardcover variance to construct a detached garage. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Pertinent Facts: Application Plat Map Property Owners List Survey With Proposal Hardcover Review Hardcover - 0-75* Existing « 5.8%; no change proposed 75-250* Existing * 32.9% To Be Removed *= 1,161 s.f. = 12.8% To Be Added = 1,421 s.f. =15.7% Net Increase = 2.9%; Final = 35.8% NOTE that platted street "Oak Place" has been vacated - the area within the vacated street is not accounted for in the numerator or den,ominator of the hardcover calculations, since no change in hardcover is anticipated there. Grading Work Required - the hill between the street and house will be removed as part of this project. The portion of hill to be removed, which would not necessarily have to be removed as a result of the garage, is about 90 cubic yards. The intent is to create a tapered slope down to a flat lawn area between house and garage. Some trees will be removed. Discussion: Applicant does not have an existing garage. In order to locate a garage on the property requires some cutting into an existing low hill, and as proposed will result in a 2.8% increase in 75-250* hardco 'er. Removal of the 3rd shed would reduce this to a 1.6% increase, but applicant would like to retain that shed. It appears that all other feasibly removable hardcover is intended to be removed. Zoning File #1038 June 12, 1986 Page 2 of 2 Applicant also wishes to lower the hill between house and garage to create a usable, flat lawn area, which the property really does not have currently. This potentially will increase the absorption capability of this area, hence, some benefit to run-off quality may be provided. The additional hillside to be graded, beyond the grading needed for the garage, amounts to about 80-90 cubic yards; this amount will not require a conditional use permit but can be handled on a staff basis. A $50 grading permit will be required. No setback variances are required for the garage. Note that the setback from the centerline of vacated Oak Place would only have to be 10' by code. Note that there is a City sewer line in the vacated roadway. The 9.2*xl2.2' shed is less than 120 s.f., hence a building permit is not required to move it, but it does have to meet the 10* side setback and be 10' from the garage, or be attached to the garage while maintaining less than 1,000 s.f. in total garage area. Applicant should define where shed will be located if it stays on the property. To recommend approval of the hardcover variance. Planning Commission should find adequate hardships to justify granting of the hardcover variances. These might include; 1. No existing garage with this year-round residence. 2. Regrading of yard area may have some beneficial effect on run-off. 3. Garage proposed will allow removal of numerous small sheds on property. Conditions should include; 1. Adequate erosion protection during grading and construction. 2. Specify ..hich (and where) existing sheds shall be removed or relocated. 3. Require staff-level grading permit for excess excavation work. 1 • f ' ^ f ^/^o.o-o a_x^ TO. '^.•c.^v^ 4 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 13l O C \ Property Identification Number (P.I.D.) 07 ! \y Hi Oa p ( Please check' one - Is the property abstract or __ torrens? Please attach legal description to application if not included on required survey. APPLICANT Name Phone 7 Pv /VPv/ Mailing Address /, ? !0 0£j£e OWNER Name / yj.JL^— Phone tv 7a. /VO-/ / r — - Mailing Address a '771^ Date Property Acquired (month/year) I (do) (do not) also own the adjacent p^arce PRESENT USE OF PROPERTY « Present Zoning District _ Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail; I//V hA ajc ^ nrp 4^t:> 6-AC a ^c ^ VARIANCES REQUIRED _____ Lot Area _____ Lot V7idth Hardcover 1 Setback Variances ( Front Side Rear) Other O TJ nr •« r*i "Ti _ H O -Dz > r :u > X onr ^fiw 1 * 1 win > »N, -< ► •i w rn Tj ni > ;□S -< >)> m 2 o o :u u 2 ^»;a m > m 2 a o ;q > aO 2 X3;a m » io s ■-sit. f I, V To:Mark E. Bernhardson, City Administrator Orono Council Members Planning Commission Members From:Jeanne A. Mabusth, Zoning Administrator Date:June 12r 1986 Subject:♦1039 William J. Ulrich, 1595 Bohn's Point Road Conditional Use Permit/VaJ^iance Pertinent Ordinances a-j nn cnhdivision 19 “ A conditional use permit is1. Section 10.03, n-75* lakeshore protected area, required to excavate . system will involve excavations Geothermal heating and l^ed. DNR requires ^frmltV"£o"r"a\l^Tter*a\\*^^^^^^ structures placed within the lake bed. Planning Commission Action staff has been applicaU is incomplete, but representative, not recommend any action on in addition to 8<5vise that staff will review findings Si: other^retrewing^agencierarfprepared to make recommendations on the proposed improvement. List of Exhibits Exhibit A - Exhibit B ” Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J Exhibit K Exhibit L Application - Plat Map - Certificate of Mailing - Property Owners List - DNR Permit Application a. • ^ - Applicant’s Addendum to DNR Application - Resolution #1028 - DNR Permit Application 1978 - Cook’s Report of 6/11/86 - Dredging Site Plan .. - Tp»ttGr From J.W. Wood 11/13/78 ^ - Plans for Geothermal Heating/Cooling System I m zoning File #1039 June 12# 1986 Page 2 of 4 Review of Application first cart deals with the jurisdiction of the DNR. c;4-aff has reviewed the dredging application with Noble and Judy Bou/reau of the DNR and both have confir^ ^ materials Will not In additionremoved from site by Minnetonka Portable uregg granted a staff advised Boudreau ^hat the City of or ^g^^ conditional use permit to the previous owner^^^ ^ the of the lagoon providi g and resolution following to Boudreau; 1 Applicant requests 5’ to 6‘ depths - aPPe®" to exceed 4 fUt minimum depths allowed under DNR standards. navigation of boats. , fahr^ c/sand bed Vi 11 effect natural spawning Dunlap's review). Boudreau has advised that she will keep Series dredging phase of the i\\®r" fab^ and sand bed Department has already said feet presents r2a\‘'co\fclTr"^or^te\^"''departLnt because applicant has ample area on the main lake to construct a dock. The geothe^al water*'supp 1 y^'wH 1 be ground heat and cool the watir will be circulated through water pumped from a well- cooling and then discharged the house providing either heating ninina that would extend via 4" underground PVC »nd ductal iron piping ttat^ ^ ^ 100 feet into ^he lake. The p p approximately 50 feet from under grouna and enter the laxe oea elevation. The the shoreline located 4'2"+ bel°“ ^^e high waiter discharge portion of the of 64 3/4 inch diameter information; iMmiL I . • (■ Zonin9 File #1039 June 12# 1986 Page 3 of 4 1. Average daily discharge/peak discharge (in gallons per hour ). 2. Velocity of discharge as it enters lake through perforations . 3, Supply line specifications - casing# size# depth of well. 4. Pump size - specs on pump 5. Profile of discharge pipe station/elevations/percentage of grade. 6. Temperature of discharge water - winter/summer. 7. Method of anchoring ends of discharge line. 8. Depth and location of 100 feet discharge line - in lake. In addition# staff advised Noble of our concern with navigation 100 feet from shore with the discharge pipe structure at 4 feet depth. Staff is unable to determine if there is any affect on ice cover with warmer dicharge water being dispersed at 4 feet depth. This must be addressed for City in order to deter mine if there is any liability to City in approving such a pipe not to mention liability for owner. Staff has checked with the following agencies to determine if applicant must seek additional approvals; a) DNR - Ground Water Division - reviewed application with John Fax and he advises that until he knows the volume of daily discharge# that he is unable to determine if permit is required. Applicant must contact Ground Water Division to determine need for permit John Fax 296-0509. b) DNR - Fisheries - Boudreau will advise applicant if additional review is required by this agency. c) PCA - Division of Water Quality - Curtis Sparks advised that a permit is required to discharge ground water into lake. The permitee must submit information as to the following; 1. heat level - temperature of discharge 2. use of additives in water 3. flow or discharge rate ■•p I i. ! Zoning File #1039 June 12, 1986 Page 4 of 4 Sparks advised ‘t.ha't lihis permit review would determine if there is any affect on the stability of ice cover. Applicant should contact Gary Kimble 296-7238 for permit information. d) Hennepin County Environmental Group advised that permits are not required by their agency. t ,• -r^-s . 1 ' .u ITS' -.-.P CITY OF ORONO GENERAL LAND USE APPLICATION /c t • / ■/ US-Z.7~S(^’ fr i^CJD.Oo C L<~f PROPERTY LOCATION Site Address 1535 Bohns Point Road, Wayzata, MN 55391 Property Identification Number (P.I.D.) 08-117-23 4A 0013 Please check one - is the property x (for Conditional Use Applications only)abstract or torrens? requ^rVdescription to application if not included on APPLICANT Name John Noble for William J. Ulrich Phone 612-541-9344 x560 (work) _____ Address 1595 Bohns Point Road, Wayzata, MN 55391 OWNER J. Ulrich------------------------------- Phone 612-541-93 44 x511 (work) Address 1595 Bohns Ponit Road, Wavzata. MN 55391 Date Property Acquired ^September 1981 _________(month/year) an _ _ _also own jbha adjacent parcels of land. PEES - CONDITIONAL USE PERMITS _ $100.00 a) Residentiai^ji^pflss - $150.00 b) Institutio^ftW^u $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration c.) X__ Grading and filling - 101 cu. yd. or more within 75' ofSeawall, retaining wal lakeshore^gQ PRD/PID - see fee schei OTHER APPLICATIONS $150.00 Conur.ercial Site Plan Review (+ consultant fees) $250.00 Vacation Easement Vacation$150.00 $ 50.00 Easement Vacation With Subdivision ens? d on •i 1^*. V ■ ^'^^0') 1 .♦ • * 'lie ttf45S iV\ An*jV)«*»vnr.\ 4*11 L-asiTJ .* ♦ ^ *' •; •■• V UtlUo’n 7ig7t fm ♦ * V J^- ••. •. H"S WL. 4 i n NO JLM i*nu #*to 4'ICI* • • •««/ *- • « % I -wsufel j A -^“'5’ / .{(i). B r-\ .A % \ .*• \ c\ •. V » ■ ,. fiAio) .. •k *1 A i* ^#^a5\o..COO I Lot 4 IL.JT ^ •** “ ““ 1 • ut 3 rv. .I'*\lV7 h ,U o•4 « CERTIFICATE OP HAILING i\ \ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO -//4 1, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearino concerning the matter of #1039, was mailed to the attached list of property owners . Witness Whereof, I have hereunto set my hand and seal this 1st day of June, 1986. . . ... .* vi— JamidjEosma vK X &>v L'.\ >• '4^ "4 #10MR. Richard D. Allen 3220 Bohns Pt. Lane Wayzata^ MN 55391 Mr* and Mrs. Edgar McDonald 3265 BohnsPoint Lane Wayzata, MN 55391 Mr. Dean F. Thomas 1500 Bohns Poiny Lane Wayzata, MN 55391 Mr. Roger D. Swanstrom 1580 Bohns Point Lane Wayzata, MN 55391 Mr. Michael McEnany 3230 Bohns Point Lane Wayzata, MN 55391 Mr. Henry L. Sweatt 3225 Bohns Point Lane Wayzata, MN 55391 Mr. Maurice J. Wagener 1420 Bohns Point Lane Wayzata, MN 55391 Mr. Douglas E. Kirchner 1520 Bohns Point Lane Wayzata, MN 55391 Mr. and Mrs. Thomas Sween 1600 Bohns Point Lane Orono, MN 55391 Mr. Gerald E. Habeck 3260 Bohns Point Lane Wayzata, MN 55391 Mr. C. Bruce Solomonson 4620 W. 77th Street, Unit 188 Minneapolis, MN 55435 Mr. George W. Kalweit 1540 Bohns Point Road Wayzata, MN 55391 Mr. D.T. Trowbridge 1625 Bohns Point Road Wayzata, MN 55391 Rev. 12/81 PERMIT APPLICATION TO WORK IN PROTECTED WATERS OR 1NETUNDSt. NA.U«At .UOURCeS UFtlY)Please read instructions before attempting to complete this application.PART ADEPARTMENT OF OFFICE USE ONLY R.A. Nb.□swco ac/c □w.0.i □«Applicant’s Name (Last, First. M.l.) ULRICH. VllllAm ____ Authorized Agent (if applicable)John Uoble 612-541-03A4 x560 Telephone Numbers area code ( 612) 471-0795 Address (Street. RFD, Box Number, City. State. Zip Code) Bohno Point Road. Wayxattt. MN 55391 Government Lot(s)Quarter Section(s)Sections(s)Township(s) Fire No., Box No. or Project Address 1555 Bohna Point Road. Vayzata County Uennepin Range(s)Lot. Block. Sub-Division Project will affect Lake. Wetland or Watercourse lAkp mniiAtenlui ^ II. PROPOSED PROJECrr □ fill □ drain □ remove □ abandon □ install □ excavate jgygonstruct □ other (specify) IV. ESTIMATED PROJECT COST ono-i ill. PROJECT AREA □ dam □ lake □ wharf □ bridge □ harbor □ riprap □ channel □ culvert ; □ wetland Qtshoreline □ obstruction □ watercourse □ sand blanket □ permanent dock □ shore-|ito^t.S£. □ other (specit^y ^i] W ^ ■■ 1 ^ \ \ . 1 . ‘ REGION VI WATERS tr.* m •• BRIEF EXPIANATION OF PROJECT Inatall 4" ductal iron pipe ground water heating discharge pipe for a distance of approxlaiaCely 100'. (aas attached site plan) (Ree atcachad^perWit 8o-6178 for wsM? Ap Kalntenance dredging to renore silt and x&ock to clialnata dailgeroue sltoatlxm to he ed br filter blanket.nnd nre-washed sand axon * —n *W|cco»::d iV' i' project IS neSaeoTnotedJ08IIHCAIIUir(Exprain wny this project is neeaearnoted on drawing by Coffin 6 Gronberg. •jly provide ' yitci—i’ound uicclAaxgc poiiit for cutluc for ^roui.d vatcr coupled h^-AAt puep ilow. . . [TAL IMPACT (Anticipated changes to the water and related land resources, including unavoidable but detrimental effects) So iQttg—ter® envlronasntal change to lake bottoa or water quality characteristics after ccmstruccion. ALTERNATIVES (Other alternatives to the action proposed) Discharge on surface* Thls^wlll cause a build up of Ice and/or the possibility of open water In winter* IX.I heeby fnaXt application pursuant to Minnesota Statutes Chapter 105.42 and all siipponing rules lor a permit to work in or affect the above rranwd proter^ wateits) In accocd2ifvr>e with all supporting maps, plans, and other information submitted with this application. The Information submitted arwi statements made STATE OF ""2^^ couyVy ' and sworn to b^e m| thi of Signore nf Date Siinature of Leasee Date' Distlibution: White: ONR Blue: SWCD Green: Watershed District Goldenrod : City or County Pink: Army Corps of Engineers | Canary: Applicant ____j jk RESOLUTION NO.1028A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR DREDGING BY DAVID DUNLAP WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono, hereinafter "Council" has adopted Ordinance 125, Ordinance 167, Ordinance 179, and Ordinance 213 all for purposes of regulating filling, grading, dredging, excavation and construction within the Flood Plain and Wetlands Conservation Area, which area is defined as including all areas below the ordinary highwater elevation of Lake Minnetonka; and WHEREAS, David Dunlap has applied for a permit to dredge approximately 200 cubic feet of material from the mouth of a lagoon on his property, legally described as Lot 1, Lydiard's Park; and WHEREAS, said application has been reviewed by the Planning Commission and the City Council; and WHEREAS, Section 31.830 of the Orono Municipal Code requires a determination that the application is in the public interest prior to issuance of any permit, NOW, THEREFORE, BE IT RESOLVED, that based upon the information submitted by Mr. Dunlap and based upon the review of the Planning Commissi and Council, the City Council hereby makes the following Findings of Fact: 1. The lagoon was dredged in 1950 pursuant to DNR Permit 50-S which permitted creation of the existing harbor and channel imposed as a condition thereon that the same "shall be considered public waters and shall be left open and unobstructed for navigation by the Public", Paragraph IV thereof. 2. The lagoon mouth has gradually closed over the last 28 years by encroachment of a natural sand blanket in the area, i act: -8 ! • I; Resolution No, 1028 Page 2 t . 3, The present channel depth of less than half that required in the permit constitutes an obstruction to navigation by the public. 4, Current DNR rules as a matter of general policy disfavor dredging and channeling in public'waters but n^ke express exception for maintenance dredging of chcinnels to existing boat harbors, 6 MCAR 1,5022 B,2,b,, and further reflect a policy to protect the existing natural character of public waters and their existing shorelands, 6 MCAR 1.5022 A. 5, Tlie Council has repeatedly made findings that any dredging is detrimental to the lake, but previous dredging permits have been approved by the City Council for maintenance of riparian rights. While the applicant has other riparian shore, the shoreline is extremely shallow requiring an unusually long dock to reach navigable water depth. Use of the harbor for boat docking rather than construction of a long dock on the shallows lakeward from other riparian access of the applicant mitigates intrusion of visible man-made improvements on the lake and avoids a navigational impairment on the main lake, 6, The existing harbor and channel constitute a pre existing non-conforming use and the request for maintenance dredging therefore constitutes maintenance of a non-conforming use rather than its enlargement or replacement and therefore complies with City ordinances governing non-conforming uses. 7, The applicant proposes to accomplish the dredging by means o^f suction dredging with on-site dir >osal or clam shell dredging with off-site disposal. A, Freshwater Biological Research Foundation report on dredging in Lafayette Bay, I.ake. Minnetonka, dated October 30, 1978, states that "clearly, suction dredging for channel maintenance is muchMLess deleterjou^ to the body of water than traditional dredging practices i\ V % Resolution No, 1028 Page 3 rhe applicant has identified a spoils disposal site on his property which will contain the spoils without direct runoff back into Lake Minnetonka thereby reducing the amount of nutrients released in the lake. 8. Non-dredging may or may not create wetlands, but even if it does that the process may entail years of open, stagnant water with mosquito breeding, stench and other possible nuisance aspects injurious to neighboring property owners and the public. i-hP of°n’ be it RES0I,VED. that the City Council of the City of Oiono hereby approves the application of David Dunlap for a Conditional Use Permit to dredge approximately 200 cubic feet of material from the mouth of the existing harbor on his property, finding that such dredging is required to maintain reasonable riparian access- to the property, subject to the following stipulations: m 1. Dredging shall be limited to maintenance of the channel within the scope of the original DNR permit and shall be done by an approved method, m 2. Spoils disposal shall be generally in the area shown on the attached map. Exhibit A. Prior to start of the dredging, the spoils disposal area shall be staked off and diked by hay bales or similar methods to prevent , immediate runoff of water into the wetlands. If runoff water volume exceeds the capacity of the disposal aree dike, the culvert under the Bohns Point Ro'ad shall be temporarily plugged to prevent direct runoff into the channel toward Crystal Bay. In no case shall runoff be allowed to run directly west into Crystal Bay. disposal area shall be seeded no later than forty-five (45) days after the end of the dredging and shall be reseeded in the spring of 1980 as required to assure full erosion control. 3. If dredging is done by clam shell rather than suction, the spoils shall be removed from the site and disposed of in a DNR approved disposal site. I ■JIfiWIi* r f! Resolution No. 1028 Page 4 4, The approval of this dredging in no way provides additional riparian access rights to Lots 1 or 2, Lydiard's Park, beyond those rights existing prior to the dredging. The affected owner of said Lot 1 specifically agrees to limit all docking to one dock per lot according to the ordinances of the City and the LMCD. The applicant further agrees to limit all docking on his property to one dock in the harbor and to install no docks lakeward on his property so long as he is entitled to maintain the harbor and channel in accordance with its original dimensions and so long as lake levels permit the same to yield three feet of clearance, with the stipulation that the limits herein imposed shall not prohibit the launching of watercraft directly into the main lake from applicant's property or the mooring of watercraft as buoy(s) all subject to existing or future rules and ordinances governing same. 5. This permit is conditioned upon permit approval by the MCWD and the DNR. The Applicant hereby agrees to these conditions. Owner(s) Lot 1, Lydiard's Park Adopted by the City Council of the City of Orono at their regular meeting on ° day of May_ _ _ _ _ _ _, 1979, As amended on„12 dav of June, 1979 ATTEST: f \ William B. Van Nest, Mayor Walter B. Massengale, Acting Mayor Walter R. Bdnson, Clerk/A^nlnistrator I • .. ^ • • ^9^0 • #1 ^BSOL. J228 t* • . ^ >• — • • • V » • » . • ^ • ^ • •» i - • - I • • •. / V \ c • • • • • •» •• r * • * ^^ • - • • • 4« • • »«> ^J V~. o,; J- j. <2:;ris (ac€r SyT r V V ^/(;oPoi^O Spot us btSMAL- Sire JtTS 9^ S^J Z .• t ib \ ^ • • •» m , % /. Scale: 1" = lOC Inte :IBIWL *Pr12 19T9 CITY OF ORONO JX if A«fTSL * J% f4 33 V V.* ^ l?£St9i*9A^ Ha. % Gorton H. Coffin I>.nc: Survr*or tnc Planner Lonf Lftke, 'iinr.esctc « // i S.\-02b22-01 (Rev 74) SI ATS Or Vi,.NLbUIA I'EIARTMLNT of NATUF.Al. RESOURCES it APPLICATION FOP. PLKMIT TO WORK IN PUBLIC WATERS pavid Dunlap , - - -^ (print or type appticant'e n^nc) quarter section(s) SOUth XX2section(s) , the owner of land in Govcrnnent lot(s) X# Park , township no.(s) XX7H » rangeCsT 23W XS95 Bolins Point Road, Kayzata (fire no., box no. or aaarcee)(lot, btook i subdivision) county(ies) HCnDCpin______, which is riparian to HllUTOtOnka Tnsrne of lake or strean) applies pursuant to Minnesota Statutes Chapter lOS and other applicable statutes for a perait to work in the public water(s) naraed above, in accordance with all data, n.aps, plans, and other information submitted herewith and made a part hereof. PROPOSAL IT IS PROPOSED TO; ZH7 excavate, dJ fill. dJ construct, ZXKremove, _ (cheek) dJ install, dJ abandon, or dU othergeOlPentea <nnu THE FOLLOWING: / 7 dam, / / shore-protection, / 7 shoreline, harbor, dJ channel, L—1 bridj , (check) /—7 culvert, / 7 wharf, dJ obstruct ion, or dJ other (specify)_ _ _ _ _ _ _ _ _ _ _ _ JUSTIFICATION Explain why this project is needed: Maintain channel to boat harbor created in 1959 ENVIRONMENTAL IMPACT 1. Anticipated changes in water and related land resources: Proposed depth of excavation would change the harbor depth froa 1*1/2 feet to 3 feet 2. Unavoidable but anticipated detrimental effects: Reieoval of 1*1/2 feet of sand froa harbor bottoa end willow twig vegetation growing in the harbor area i* Alternatives to the action proposed: Hone PROJECT SITE DATA 1, Describe the type and amount of aquatic vegetation present: a few willow twigs f 2. Describe the nature of the material beneath the water: sand to depth of 2*1/1* proven by core eanplee 3. Describe the nature of the upland area: natural harbor area 4. Describe type and amount of neirby shf^reland development: all residantial 5. ENCLOSE SKETCH DESCRIBING WATER LEVEL FLUCTUATIONS. (see inetructions) (cofttinued on reverse side) ATTACH EXTRA SHEETS IF NECESSARY \* i Chitnell .ng Total long.h (/•tt) Existing CONSTRUgiON DATA (aUo attaah sketch or droidng) Alterations along shore NA-02622-01 (W-S4) (Rev 74) Proposed CO ehango Langth in lake/streaa (f0mt)------ Botton width (f*0t) ------ - Side slopes (ratio) ------ -_ _ _ _ _ Average depth (f00t)“ ----- - Gradient (%)- - -- - ------ no change Distance along shore (f00t) Proposed none no change none no change Distance waterward (f00t) Thickness of fill naterial (f0at)~ - - none Depth of excavation (f^et) X-l/2 1. Ooscriba typo of axcavation aquipnent to be used, if known: auction dredging or oiaaahell dredging iri 2. Describe location rap) and characteristics of spoil disposal .site proposed: . , . ... ___^ .a Xf dredsdng ia eDoosipluied &>£ aucrtion# diflpoaal ithalX te on aita# which idll contain tha without direct roroff bade into Lake KlnDatohta (aea attached aketch# Kahibit 3. Would aalntenanco excavation be necessary? (chaak) ! 7 YES /~7 NO Explain: ^ dteging Mona haa been dona for laat 23 yeara# but it saight be required egein 4. Voluae of natarial to be renoved initially (cubia yards): Huck or silt 30Sand or gravtl ^ ~~_ _ _ _ Rock or stone_ _ _ _ _ _ _ _ _ ATTACHMENTS /^^IIS.OO filing fee, ^Pphotographs, ^J^^ther (specify) City of Orono Conditional ___________pam Pttmiftf ftld LNR PeradteApplicant daclares that infonatlon subnitted herewith and statements made herein are a true and correct , representation of the facts, and that the filing of this application and information with the 3 aKetCXiea Commissioner of Natural Resources is prime facie evidence of the correctness thereof. 79 Dated this 19COMPLETE APPLICATION SUBMITTED TO: ... City of Oarono Harm of etty or tounehtp y*0. BOX crystal# in —isn:strsst § post offtes M.CeH.Oe Mams of oatsrshsd district (3) Shoreland Management Administrator of Hennepin County (applicant) Address (Isssee) 1595 Doha's Point Road Kayzata City Minnesota 55391 State Zip code State of Minnesota County of _ on this 471*344U ss.AFFIDAVIT Phone V day of 7 1 before me personnally appeared who being first duly sworn and to me known to be^he person _ _ application# acknowledge(s) that —> executed the same as who executed the foregoing own free act and deed and that the statements# maps# plans# documents# and other supporting data are true and correct according to best knowledge and belief. Tt-,. 01Y^\ MARNA p. towlc notary PURUC - //ISNICOfA HCNHCPIN county wf coMMistiON ciPines mah . I4. icc4 / cr-c-u—__ Notary Public County My coiTuni 15ion expires BonesUoo, Rosene, Anderlik & Associates, Inc. itain Log •• 2335 W. Trunk Highway 36 $t. Paui, MN 55113 612-636-4600 June 11, 1986 City o£ Orono BOX 66 Crystal Bay, MN 55323 Attn: Jeanne Maybusth Re; 139 - 1040 Ulrich Dear Jeanne: Engineers A Architects Otto G. Ronesiroo, p. E, Hubert W, Husenr, P.t\ jMeph C. AndeHik, P.E. Bradford A, Lemberg^ P,£. Hichard £. Turner, P.E. Jamei C. OUon, P.£, Ctenn B. Cook. P.£. ketth A. Cordon, P.E. Thotruu E. Nuyt^, P.E. Btckurd M'. Eoiter, P.E. Hoberr C. Schuruchi, P.E. Marvin L. Sorvala, P.E. Donald C. Burgardt, P.E. Jerry A. Bounton. P.E. Mark A. Hanson, P.E, Ted K. Field, P.E. Mtcbael T. Hautmann, P.E. Hubert H. PJeJfrrte. P.E. David O. Loskota, P.E. Thomas IT. Paterson, P.E. MichaalC. Lynch, P.E. Horan L. WUlis, P.E. James B. Maland, P.E. Kenneth P, Anderson, P.E. Keith A. Bachmann, P.E. Mara B. Bo(fs, P.E. Bobert C. Bussek, A.LA. Thomas E. Angus, P.E. Sioit L. Young, P.E. Charles A. Erkkson Leo M. Pawalsky Harlan M. Olson Susan M. Eberltn / [ i We have reviewed the plans submitted on the Ulrich property for the seawall, foundation drains and heat pump discharge. The seawall plan should include the detail information submitted when the existing wall was built. The certification by the engineer should not contain the term "appears to be adequate". The Owner's engineer should check out the design and certify that what is proposed meets standard design criteria. » The foundation drain plan should be modified to stop the drain field 10 feet short of the lake shore. The drain tile should then be connected into a dis tributor box and an overflow line provided. The heat pump discharge line plan should provide the following additional information: * 1. Average discharge 2. Peak discharge 3. Velocity of water exiting holes in last pipe length 4. Method of anchoring Co lake bed 5. Improved profile information with station of point elevations indica ted include station at lake shore 6. Well data'depth, size, capacity 7. Discharge temperature of water - summer and winter The depth of the discharge line is shown approximately 5 feet below the normal water elevation. Is this adequate clearance for boats which operate within 100 feet of the lake shore? The owner will also need a DNR permit for instal lation of the discharge line in the lake bed. 5706d Page 1, 30 Year Anniversary Offlecrt: Richard G Gray. Sr. Chairman Richard S Caldccoll. Vice-Chairman Raylnofid D Black, Secretary Henry Ooerr. Treasurer DIrvcIors: Sewall D. Andrews, Jr. Lindsay G Arthur, Jr Roger L Baker Williarr: M Baker Raymond 0, Black William M Bracken Russell 0. Brackett Earte G. Brooks Mrs. Herbert Busher Dr Richard S Caldecott Mrs Benton J Case Henry Doerr Kingstey Foster Gilbert P. Goetz Richard G. Gray. Sr. James L Hetland. Jr. Dr. Joseph T. Ling Chartes M Moos Eart H. Mosiman George T. Pennock Dr. Dean K Rizer Robert L. Seariec Thomas L. Warner Dr. John M. Wood Dr. Joseph P. Rossiiion, Executive Director tei! 4 h freshwater moLOG.cAi, R eseahcii foundation 13 November, 1978 2500 Shadywood Road. P. O. Box 90 Navarre. Minnesota. U.S.A. 55392 (612)471-8407 TO: Mayor Brad Van Nest Orono City Council Dear Council: - Dr. Dunlap proposes to re^ov^ about SO^cubL ^ f suction dredging technique so L^to facilit!L°L®““* small lagoon. The entrance ^n facilitate access to a the years as a result of nou t, agoon has been silted up over Bohn's Point shoreline. ^ “oving sediment towards the evaporation. losses will occur primarily by a small amouL orsedL^r^tLre^will^*^^^?"^^ the ecosystem. In fact thii-o minimal disturbance to to the program suggested by Drf Lnllp?^" advantages »...... .rs,%TS%„. northS\Jkf°L ”c«ppL?‘'“rrte%rLSnto^ U®?’accessible. present time it is not (3) If th^ lagoon is not opened to the lake It w-ni „i i ^ into a mosquito breeding area with stagn^t wLer » ws“®L^"onf:^i: ^yip ?;ion aesthetic as well as environmental meS?*"" ^ ‘'®® (2) Y^rs sincerely, I / § i M i i ' /} X JJ M. Wood Wrector JMWrdlra _A PUBLIC NOM-PROFit FOUNDATION . CONTRIHUTIONS ARE TAX-OEDUCTIQLE TO: Mayor Butler Mark E. Bernhardson# City Administrator Orono Council Members Planning Commission Members Jeanne A, Mabusth, Zoning Administrator June 12, 1986 Subject: #1040 William Ulrich, 1535 Bohn's Point Road - Conditional Use Permit for Installation of Sea Wall Pertinent Ordinances - Section 10.03, Subdivision 19 - Conditional Use Permit required for installation of sea wall (6 MCAR 1.5023 E - Retaining Walls - DNR requires a permit for construction of retaining walls - permit applied for on May 19, 1986). 1 List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - Exhibit G - Exhibit H - Exhibit I - Application Plat Map Certificate of Mailing Property Owners List DNR - 6 MCAR SS 1.5023 E DNR - Permit Application Cook's Report Resolution 1522 Plan Submitted With Application On September 7, 1983, the City granted a conditional use permit to William Ulrich for the installation of a sea wall along the northern shoreline of the lagoon. The wall extended along Ulrich's portion of the lagoon shoreline and 20 feet into his neighbor's portion (City received written agreement from Blohorn approving the sea wall extention). Ulrich now wishes to extend the same type of sea wall along the remaining lagoon shoreline which he now owns in total. Th. applicant once again presents the following justification for the request: 1. The lagoon area ~ soft peaty muck soils that remain along the lagoon bank area is a natural habitat for muskrats - the seawall extension will prevent the bank rats from destroying the unprotected bank and lawn areas adjacent to lagoon. 2. Trapping and rip rock is not effective. 3. Aesthetically desirable to tie in the whole lagoon area. 4. Sea wall is most acceptable method in ontrolling erosion of low elevated shoreline bank areas consisting of peaty muck soft soils. w ' 1 Zoning File #1040 June 12, 1986 Page 2 of 2 The applicant has claimed that the wall will be constructed in the same manner as the first installation. Plans have not been submitted to confirm this nor, as the City Enginner's report confirms, has the plan submitted with application been certified correctly by the licensed engineer. This must be corrected before the City can issue a building permit for construction of sea wall. The initial installation provided for earthern tone .'iluminum wall sections (each section 9" wide). The wall extends approximately 20" above the ordinary high water mark and would stand 8* high (6 1/3 feet of the wall would be under Wc.ter and lake bed). As in the first review, the City will not approve any along the edge of the sea wall that would involve hard cover within the 0-75* setback area. Staff recommends approval of the extension of the sea wall but will not schedule the application for final approval by Council until the applicant's engineer certifies in writing that specifications for wall are the same as approved with initial installation and that the plan meets standard design criteria and not that "it appears to do so". Resolution 1522 has been enclosed for your consideration and may be used in drafting the necessary findings for grantino approval of current application. suggest that this would be an appropriate time remind applicant that he is limited to mooring 4 boats (boats in excess of 16 feet) at his residential dock(s). CITY OP ORONO GBNERAI. UVND USE APPLICATION r/o(oL s-2y-E(p ,S><oo.oa (LCiP PiiOPERTY LOCATION Sit:e Address 1535 Bohns Point Road, Wayzata, MN 55391 Property Identification Number (P.I.D.) 08-117-23 44 0013 Please check one - Is the property X (for Conditional Use Applications only) abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name John Noble for William J. Ulrich Phone 612-541-9344 x560 (work) Mailing Address 1595 Bohns Point Road» Wayzata, MN 55391 OWNER Name William J. Ulrich Phone 612-541-9344 x511 (work) Mailing Address 1595 Bohns Point Road, Wayzata, MN 5539i Date Property Acquired November 1985 (month/year) I (do) ^dexnoeb^^ also own FEES - CONDITIONAL USE PERMITS $100.00 a) Reside t parji^ls o or se $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration _ _ _ Grading and filling - 101 cu. yd. or more X_ Seawall, retaining walls within 75* of lakeshore PRD/PID ~ see fee schedule OTHER APPLICATIONS _ _ _ _ $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision ■:V'J ns? on OTHER applications — CONT, - --—$250.00 R©zoning' - - - - $200.00 Appeals _ _ _3_ _■ Other - see fee schedule PRESENT USE OP PROPERTY Present Zoning District _ _ Present Use of Property x _ _ Residential Other (specify)^ DESCRIPTION OP REQUEST retaining wall to match required SUBMITTALS ^—- -^- - - - -“_ _ _ 1. Completed Application Form. Certified Property Owner«i T^e^- ' on the abovi lis^with^no^reTuIrn a*d^drefs.®~^‘^‘^^®®®®'^ "a”>es Csrtxficat© of sujrvsy* 5. Construction plan, if applicable. 6. Plat Map. » remember that your^applilat/on°is^not'^^*^ application. Please 2f ’t_teen_included. not complete if the above information h^ »pucant ;s SIGllATOM requelteVlTy\he® zoning^Adminiltr'L^^^ information required or unusual expenses incurred fn review of this^In^?- fees“nd/or hn":wledgl!"""^°" true and cor?lc\^°fo^TheTes?^1“h?sAlr Applicant*s signature OWEERS SIGNATURE /i-w. ^ _. Date S)2^!&C^ authorized reasonabl^e entry Into thfo®® application and further fgents, commission raemblrsl aid ‘'"ty consultants! investigation and v^>fic]^> Ihis lequeU. purposes of Owner's signature Date Sjzjj8(= the the « CERTIFICATE OP MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) natch I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1040, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 1st day of June, 1986. ‘ obtain ernment te names .ease n has Jamie Bosma d or d/or that /her i ^ MR. Richard D. Allen 3220 Bohns Pt. Lane Wayzata, MN 55391 Mr. and Mrs. Edgar McDonald 3265 BohnsPoint Lane Wayzata, MN 55391 Mr. Dean F. Thomas 1500 Bohns Poiny Lane Wayzata, MN 55391 Mr. Roger D. Swanstrom 1580 Bohns Point Lane Wayzata, MN 55391 Mr. Michael McEnany 3230 Bohns Point Lane Wayzata, MN 55391 Mr. Henry L. Sweatt 3225 Bohns Point Lane Wayzata, MN 55391 Mr. Maurice J. Wagener 1420 Bohns Point Lane Wayzata, MN 55391 Mr. Douglas E. Kirchner 1520 Bohns Point Lane Wayzata, MN 55391 Mr. and Mrs. Thomas Sween 1*600 Bohns Point Lane Orono, MN 55391 Mr. Gerald E. Habeck 3260 Bohns Point Lane Wayzata, MN 55391 Mr. C. Bruce Solomonson 4620 W. 77th Street, Unit 188 Minneapolis, MN 55435 Mr. George W. Kalweit 1540 Bohns Point Road Wayzata, MN 55391 Mr. D.T. Trowbridge 1625 Bohns Point Road Wayzata, MN 55391 i.i i *-.T • f' wm-. V Department of Natural Resources g MCAR § U023 (3) The harbor shall be available for use by the general public. (4) The development plans shall minimize the waterward en croachment of the facilities. e. Off-shore marinas: (1) The area shall be zoned for such use or local government shall grant a land use permit. (2) The proposed marina shall minimize encroachment water* ward of the ordinary high water mark. (3) The marina shall be sized consistent with the demand for mooring facilities in the area and the number of watercraft to be served. E. Retaining walls. 1. General standards: A permit shall be required for the construction or reconstruction of all retaining walls which should be discouraged because their appearance is generally not consistent with the natural e.nviionmcnt and their constnretion and maintenance cost is generally greater than riprap. 2. Permit: Tire issuance of permits shall be contingent on all of the fol lowing conditions: a. Existing or expected erosion problems shall preclude tlic use of riprap shore protection, or there shall be a demonstrated need for dhcct shorcland docking. b. Design shall be consistent with existing uses in the area. Example.^ arc: riverfront commercial/industrial areas having existing strucUircs of this nature, dense residential shorcland areas where similar retaining walls arc common, resorts where floating docks may be attached to such a bulkhead, or where barges are utilized to transport equipment and supplies. c. Adequate engineering studies shall be performed of foundation conditions, tiebacks, internal drainage, construction materials, and protection against Hanking. The facility shall not be an aesthetic intiusion upon the area and is consistent with all applicable local, state, and federal management plans and programs for the water body. c. Encroachment below the ordinary high water mark shall be held to the absolute minimum necessary for construction. F. Other waterway obstructions. A permit shall be required for the con- stiuction, reconstruction, relocation, removal, and abandonment of all other Structures, cables other than utility crossings, pilings, or other fa cilities not covered by specific regulations: > » i ‘4 NA-O20ii2-U<i Rev. 12/81 DEPARTMENT OF PERMIT APPLICATION TU WORK IN PROTECTED WATERS OR WETLANDS (INCLUDING DAM SAFETY) PART A OFFICE USE 0 p.A. Na ^ NATURAL RESOURCES Please read instructions before attempting to complete this application. □SWCO aCAJ □w.o. ail I. i » Applicant's Name (Last. First, M.l.) UULICB, tfllllca J. Authorized Agent (if applicable) John Nohla 612-541-9344x560 Address (Street, RFD, Box Number, City, State, Zip Code) Telephone Number&area code ( 612 ) 471-8103 mfuisum jToxn Government Lot(s) 2 Quarter Section(s)Sections(s) 8 Township(s) 117N Ra.ige(s)Lot, Block, Sub-Division Fire No., Box No. or Project Address 1535 Bohns Point Road* Va^itata County Hennepin Project will affect Lake, %. Hand or Watercourse ^?f*krKwnT^‘ Lake Minnetonka i I □ fill □ drain □ remove □ abandon □ install □ excavate (^construct □ other (specify) nr. EsmiATEO project cost *2*. wo. □ dam □ lake □ wharf □ bridge □ harbor □ riprap □ culvert □ wetland □ shoreline □ obstruction □ watercourse □ sand blanket a shore-protection □ other (specify) 4: f,. A -1If □ channel □ permanent dock ,4' V. I ¥ . LAMTUm OF PROJECT «j*K ;• ♦ of aluiplnum retaining wall co fSAtch axletlng half of lag prorvont aroaion and pro tact shoreline. 4 • I *»*and to ■ -i' Ji JUSTtnCATtON (Explain why this project is needed) For harbor shoreline erosion protection. ■W BnmONMBITAL IMPACT (Anticipated changes to the water and related land resources, Inc jiding unavoidable but detrimental sf^te) eonstruetioti disruption but post-construction vill iarpbre shorallso orosioo. • I Ok • AUBMATRIES (Other alternatives to the action proposed) lip rap mg MAY 19 1986 region VI —lAAATCM—anmHCKMprol «ilBr(s) In accordance with all supporting maps, plans, and other information submitted with this appjlcation. The information submitted and sialemanis made concatning this application are true and correct to the best of my knowledge. «, ^ STATE OF ;.sM——Y Subscribed sworn to before mb this COUNTY OF Signat^e of Owner Q^uth^edAyent .( "Date ^ Date ______ ■ .V. / ~SigRiime of Notary Distribution: White: DNR Blue: SWCO Green: Watershed District Goldertrod: City or County Pink: Army Corps of Engineers Canaiy: Applicant •, i \k Bonestroo, Rosene, Anderlik & Associates, Inc. ^ I G 2335 W. Trunk Highway 36 St Paul, MN 55113 612-636^0 Engineers A Architects Otto G. ikrtmrroo, /».£. Hoberr W, Huarne. P.t\ Juirpk C. Amirrtik, P.t\ Broti/ord A, Lemberg, />.£. Bkkerd C. Termer, p,£, Jmmes C. Olwr, p.£. June 11, 1986 City of Orono BOX 66 Crystal Bay, MN 55323 Attn: Jeanne Maybusth Re: 139 - 1040 Ulrich Dear Jeanne: Cienn M. Cook, P.£. Kftth A, GorJum, P.L, Ihomma t. Noyei* i*.t. Burkard W. Foam. P£. Bobert G. Sckemckr, P.£, L, Sonmte, P.£. Oonatd C, Bergerdt, P.£, Jtrey A. Bomdom, P,£. Mark A. Hatwm, P,£, TtdB, £ieU.P.£. Michoei r Baarmamn. P.£, Boberr B, i^el/erle. P t. OandO, LaUoia. P.£. Thomas W. Pemstm. P.£. Michael C Lpmch, P£. Karen L. Wdlit. P.£ Jpmes B. Makmd. P£, Kemmh P, Amkno n. P£ Both A. Bachmama. P,£. Mark B. Mo(fs. P.E. Boben C. Batsek, A.L/\. Thomas £ Amgus. P.£. Bcoa L. Yomag. P.£, Charles A. Erickson Leo M, Pamitkp Harlan M, Olson Susan M, £bertm foundation drainl !nd hearpJLp'’T“ch*arge. ‘h® aeawall, The seawall plan should include th^ ,• r existing wall was built. The certification h submitted when the the term "appear, to be adequate" The * eogmeer ahould not contain a..ign and certify that what\.\%;poJe^\rt7 e‘aX?7e.fgrctut:^^^ short of the°lake'^VhorV*"The°dMin*tUe'ihould°th'°’’h''’*tributor box and an overflow line provided. ^ connected into a dis- ISfo^tionr"" ““ O'-iOe f>e following additional 1. 2. 3. 4. 5. 6. 7. Average discharge Peak discharge Merto“of“meh«inr^w"i,S^S’a‘" ‘®“ P*"® I®"*®" Well data*depth, ei.e, capacity Discharge temperature of water - summer and winter water elevation. Is this idwuate l““ ‘PP"*""®**!^ ’ feet below the normal 100 feet of the lake shore? ^The owner *wm“*i °P®'«f« within Ution of the discharge Une in theTake‘ "“®1- 5706d Page 1. 30 Year Anniversary -A L<CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1522_________ Granting A Conditional Use Permit Per Municipal Zoning Code Section 31.700 And A Variance to Municipal Zoning Code Sections 31.831 - File 760 Whereas, William Ulrich is the owner (hereafter ''owner”) of property located at 1535 Bohns Point Road and legally described as Lot 2, Lydiard's Park, Lake Minnetonka (hereafter "property”); and Whereas, the owner has applied to the City of Orono (hereafter "City") for a conditional use permit to construct a seawall along the lagoon shoreline of the property and 20 feet along the west lagoon shoreline of Lot 1, Lydiard' s Park, Lake Minnetonka as required by Municipal Zoning Code Section 31.700 and a variance to Municipal Zoning Code Section 31.831 which does not permit the construction of permanent structures within 0' to 75' of the lakeshore. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, Findings 1. This application was reviewed as Zoning File No. 760. 2. The property is located in the LR-IB Lakeshore Residential Zoning District. 3. The shoreline along the lagoon of the property has sustained severe damage caused by muskrats, 4. The Department of Natural Resources has inspected the site and confirms severe shoreline erosion caused by the infestation of muskrats and poor soil types. 5. The seawall has been found ,to be the best solution to alleviate the problems at the site. 6. Rip rap is not effective in combating erosion from muskrat infestation. ' 7. The City Engineer in his report, dated August 5, 1983, found the proposal would not have an adverse effect on Lake Minnetonka. . .and will improve the lake by preventing further erosion of the shoreline. t 3 » L CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1522 8. The property owner most affected by the installation of the snore of the lagoon* 9. The City has received no negative comments from the surrounding property owners notified during the review of application #760. ^ tevrew oi 10. The visual impact on the lake is slight by the fact that the lagoon area is not visible from the main lake. 11. The Department of Natural Resourses issued permit 83-6150 approving the installation of the seawall on July 15, 1983. lu* Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the appl icant and the effect of the proposed land alteration on the health, safety and welfare of the community. 13. The City Council finds that granting a Conditional Use Permit to install a seawall along the shoreline of the lagoon on the property as proposed will not be detrimental to the health, general welfare of the public, would not adversely • pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the land alteration and the manner in which the excavation is to be carried out to be in keeping with the objectives of the Zoning Code and Comprehensive Plan or the City* 14. The City Council finds that granting a variance for the installation of the seawall as proposed is necessary to alleviate a demonstrable hardship, is necessary to preserve a substantive property right of the owner and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. . CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Zoning Ordinance 31.831 and grants a Conditional Use Permit as required per Zoning Ordinance 31.700 to permit the installation of a seawall along the shoreline of the lagoon on the propocty subject to the following conditions: . 1 L CITY OF ORONOy city of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1522 • • 4) 1. Prior to applicant obtaining a building permit for the installation of a seawall, applicant or applicant’s contractor must submit plans signed by a licensed engineer registered in the State of Minnesota. 2. Pathway along the edge of the seawall must be pervious to water and made of a natural material. 3. No other variances are granted or permitted for this application. • ' 4. Violation of or noncompliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of September, 1983. ATTEST: Alberta M. Strom, City Clerk CITY OF ORONO M^rv C>4utlry CT^utler, Mayor Thomas Frahm, Acting Mayor Property .yoWner (s) Property Owner(s) Property Owners(s) L CITY OF ORONO City of ORONORESOLUTION OF THE CITY COUNCIL NO. 1522 - -V STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this Public wi thi ) ss. anfor . County, 1983, before me a Notary personally appeared known to me to be the person(s) described in and "who executed the foregoing instrument, and acknowledged that hj^ (they) executed the same as his (their) free act and deed. HENNEPIN COUNTY My oommiMlen wp>«w MMO 'iOmRY PUB MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this Public within day of_ and for ^_ _ _ _ _ _ _, 1983, before me a Notary said County, personally appeared known to me to be the person(s) described Tiv and who executed the foregoing instrument, and acknowleged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES • ^ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1522 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. On this day of Public ~within and for —.-3— _ _ _ _' 1983, before me a Notary said County, personally appeared known to be thepersonTs) described in and who eypmh^H _ known to be the acknowlea,ea that he (they, NOTARY PUBLIC MY commissTo'n expires- - - - - - - wt%t\TTtatut«'786!77:'"" benefit of the City of Orono per State Deed Tax Due Hereon: Exempt This instrument was drafted bv: City of Orono P.O. Box 66 • Crystal Ray, MN 55323 • t f ‘ STATE OF MIIJWESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) ' ' „ . J-* Alberta M. Strorn, City Clerk of the City of Orono. Hennepin County^ Minnesota^ do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a Tf said City Council held on September 12 r 19 83 / ana the same is a true and correct copy of said original record and that said resolution was duly adopted by said City Council at said meeting. ' ^^^^itness Whereof, I have hereunto set my hand and seal this 19 , day of September , 19 83 . ■ r ■ i Alberta M. Strom, City Clerk (SEAL) To:Planning Commission Members From:Michael P. Gaffron, Assistant Planning & Zoning Administrator Date:June 12, 1986 Subject: #1041 Thomas Maxwell, 3685 Watertown Road Variance - Public Hearing List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Plat Map Property Owners List Survey Letter From Arlie Thorpe This application was originally intended as a setback variance application to construct or enlarge an existing horse barn. After the public notice publication deadline date, Mr. Maxwell brought in a survey indicating that the existing barn is located partially upon the property of his aunt, Arlie Thorpe. In order to resolve this problem, Arlie Thorpe is planning to deed her land to Mr. Maxwell, and he will combine them, granting her a life estate. Then, the barn construction will be able to meet the required 150' setbacks. But, there will be 2 residences on one property of 10.21 acres in this 5-acre zone, requiring a conditional use permit. Mr. Maxwell has made application for the conditional use permit but not in time to be published for the June Planning Commission meeting. The conditional use permit will appear as application #1042 on your July agenda. The applicant should be advised that if he formally withdraws the variance application #1041, we can refund a portion of the variance application fees. Staff would recommend tabling of this item, or accept applicants formal withdrawal if such is forthcoming. 1 t . I ?*t i' 14 vn Ir • • #1041 » • a CITS OP ORONO - VARIANCE APPLICATION Application Fe© $150*00 ($50*00 p©ir ©ach additional variance) Renewal Variance Fee $75*00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address 3 ^ giT (a) wlgr£Tocotc • Prl « Property Identification Number (P*I.D.) Bai-tiS—pogy^ Please check one — Is the property abstract or torrens? Please attach legal description to application if not included on required survey* APPLICANT Name (i) C L '' - - U”) >Phone *47 ^ Mailing Address 3 (o 8S U^A- lgi2JT^co»o Qcl > OWNER Name \ r> IY\ tV x UO L Phone 47 5 ^ ? Mailing Address 3 GC U,> / c a,; t^rJ- r>Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land* PRESENT USE OP PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ * V * Describe request in detail:_ _ _ _ VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (_ Other A, c. Front _ V AwCfe". Rear)Side _ _ _ # t HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF ONOSUAL PROPERTY CONDITIONS \ Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ _ _ _ _ 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. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember tnat 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 Administratoif# agrees to pay all fees and/or unusual expenses incurred in reviewof-t^s a^lication, and certifies that the information supplied ylTS tjrile anq clorrpct to the best of his/her knowledge. /^/l 7 / 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 members for purposes of investiga tion and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. j ^ 'y•I 1 3 CJ O O OJ Oi Qi TD €-► rh •T3 Oi —* <-► 01 fD-•• -s 3 w O X 3 3 Q| 01 3 3 3 3 CD ro o o -5 -S Oia OIa cncnu> cn CD ^0»M•n m o 5m ^•|S3 =tt C a > CD C a > ro I CD Iro CJ ooo t: > § 3n > 3 \ -< > > m z a o 3 > os o 04 3 fli r- r* Nj r- M M CMrti M m m cn 04r>» 3 09 ^ O Is: Mz ^8^55 S3'-09 m cncn 04 cn •o it! XIa r~ 04 oi$3 o cn > O O M 04 0 C 5 zX H m m m 3=*o o o cn 04 C fN» m > 0 H H I m fv> > 3 04 cn cn 3 o<-6 04 cn 0 3 O oo 0 09 >H Oo cn oo |SSirc 3 m 3 rn > 3 > m z o6 3 > o o 3 3 3 ra 3 rj a 3 o 04 n cn m _ o 0 3r-m ziS®O M M cn 04 0 Z M 53 3 S in 3 in o 04 cn o o 3 O o cn r- 3 r\) u c- o o Q Q z o X S O 0 z z r* o O 3 3 s X 3 X o o o 04ro I m ^ g O 0 I M 04 0 0 04 0 0 Ooo 0 3 0 r- 0 m ■35 M 3 Z 0 0 0 0 0 0 0 II 0 0 3O S U4 rs> U <- ii|5SZ Z H I m M zm _ or" xj a o I* ■> 0 0 03mm 0 ss* OI 0 3 O O 0 0 3 3 03 0 3 > 0 M 3r*m S'*?>>00 0 3 m 3 H O X Ir* C 3 N* > 0 0 O 0M 0 m H 0 I rj'-2S55o»pw -< 0 »S 0 0 ](! 0 O 0 «0 > •<o 3 O a 0 SSJSSSig ? 0 5 G ?m ss“a 3 _ 0 0 0 0 m •- H 0 w 0 0m 0 3 O a fO o g n o n 0 0 1 f» 0 0 0 0n» 0 oo r- 0 Bu{c$ o is! 0 0 > C-< ;3 m 0 0 M m 0 I ss s oa Ira 0 0 0 0 $ SI o 0 a >•Hm 0 ro 1 0 }g 3 3m iim • 3 M sj 0 O i a 4^ |y • i » 41 * * .. ! . t. ^ 11 J . -V W. iiiSrfv; r • i. i t ^,vw If / / ' / ‘ .1: -<p£. «I Ll ^ - 2 CX^txO“T-<^ ”7h^*<? c4o /? f . / ''"^t^^z^ -o-^ ^ ""zi^ ' * ■ 1*s Co ^ j2 ^9 ib <i^t2e^ 7^ ^!;L<4iL > 62oZ< j - !fe' MINUTES OP THE REGULAR ORONO COUNCIL MEETING FELD MAY 12, 1986 ANCE 7:15 P.M. The Orono Council met on the above date with the following members present: CounciImembers Adams, Grabek, and Frahm. Mayor Butler arrived at 7:27. CounciImember Hammerel was absent, the following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. Also present were City Attorney Blatz and City Engineer Cook. CONSENT AGENDA* It was moved by CounciImember Frahm, seconded by CounciImember Grabek, to approve the Consent Agenda* as presented. Motion, Ayes 3, Nays 0. APPROVAL OF MINUTES* It was moved by CounciImember Frahm, seconded by CounciImember Grabek, to approve the Minutes of the April 28, 1986 Council meeting as submitted. Motion, Ayes 3, Nays 0. PARK COMMISSION COMMENTS There were no comments from the Park Commission at this time. PLANNING COMMISSION COMMENTS Planning Commissioner McDonald was present and had no comments at this time. PUBLIC COMMENTS There were no comments from the Public at this time ZONING ADMINISTRATOR'S REPORT: #990 WARD FERRELL* 3405 WATERTOWN ROAD It was moved by CounciImember Frahm, seconded by CounciImember Grabek, to defer this matter until the May 27, 1986 Council Meeting as requested by the applicant. Motion, Ayes 3, Nays 0. #991 6 #1018 WILLIAM J. ULRICH 1535 & 1595 BOHN'S POINT ROAD AFTER-THE-FACT CONDITIONAL USE PERMITS William Ulrich was present for this matter along with his representatives: Attorney Thomas Humphrey Jr., Attorney Gregory Halbert, Project Coordinator John Noble, Landscape Architect James Robin, and Surveyor Mark Gronberg. i 4 by his no 4 MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986#991 & #1018 ULRICH continued , . , ^ • i. ^ *.City Administrator Bernhardson explained and pointed outthe 4 areas to be dealt with in this matter: Area 1 - Addition of 3-6” of topsoil near the lagoon Area 2 - Extension of 2' foundation drain in the 0- 75' zone to the lake Area 3 - Placement of a 6' berm near the road Area 4 - Fill between 1535 & 1595 Bohn's Point Rd. Zoning Administrator Mabusth stated that the Planning Commission recommended approval of the final grading plans except for the berming, which they recommended removal of the berms and restoration to the natural and original state. She noted that the water quality from the foundation drain was found to be excellent. Mr. Ulrich stated that the purpose of the berm was for pjfivacy due to the scale of the house. He stated that the neighbors were agreeable to a 6' berm. Councilmember Frahm stated that a 6' fence is not allowed therefore a 6' berm should not be allowed. He recommended a 3—1/2' berm in relation to^ the allowed 3— 1/2' fence. It was noted that the ordinance does not address berms, however, Frahm stated that he felt the intent of the fence ordinance would include berms. Mayor Butler stated that evergreen plantings would 30j^ve the same purpose and blend in with the character of the neighborhood. Councilmember Frahm stated that he had concerns regarding the installation of the foundation dram to the lake and that the City should define the standards before approved. Mayor Butler suggested requiring a letter of credit and developer's agreement for the landscape plan in order to assure the completion of this project. Councilmember Grabek stated that it should be noted that no fence could be erected on top of the 3-1/2' berm. Attorney Tom Humphrey stated that they have no problem with submitting the letter of credit and defering action on drain ditch until standards are established, however they were opposed to limiting the berms to 3-1/2 feet as the ordinance is silent regarding height of berms and that there is no factual basis to impose a limitation on the height of the berm. MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD MAY 12. 1986 #991 & #1018 ULRICH continued Mayor Butler stated that the Council has the right to place a limitation on the height of the berm because they need a conditional use permit to have the berms. She noted that the current zoning code does not allow anythin^ along the road higher than 3-1/2'. Mr. Humprhey stated that if that is the City's intent to include berms then it should be stated as such, which the code currently does not. It was moved by CounciImember Frahm, seconded by CounciImember Adams, to direct staff to draft a resolution stating: A) Area 1 - approval of conditional use permit for lagoon area alterations as proposed Area 2 - approval of the foundation drain subject to City establishing standards and guidelines consistent with the established environmental policies of the city Area 3 - berms restricted to 3-1/2' in height which coincides with fence ordinance and that no fence be allowed on top. Area 4 - approval of conditional use permit for fill between former property lines as proposed B) subject to submitting a letter of credit for the landscape plan and developers agreement with completion date. Motion, Ayes 4, Nays 0. #1004 WILLIAM J. ULRICH 1535 6 1595 BOHN'S POINT ROAD PRBLI^&mkY subdivision - CLASS II RESOLUTION #1987 . City Administrator Bernhardson explained the the proposed lot line rearrangement, of the applicant's residential properties, satisfies all standards of the LR-IB zoning district. Zoning Administrator Mabusth stated that the proposed resolution should be amended, under Conditions item #2 to read: Applicant must remove 207 squ'.re feet of driveway area on southern lot per Exhibit r attached herewith. It was movod by CounciImember Frahm, seconded by Councilmembec Adams, to adopt Resolution #1987 granting preliminary plat approval as amended. Motion, Ayes 4, Nays 0. * . • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 #999 BELDON/MELINE 3598 NORTH SHORE DRIVE VARIANCE Benn Beldon matter. and Evan Meline were present for this City Administrator Bernhardson reviewed the variances requested to allow construction of a new house on a severely substandard lot. Mayor Butler stated that she looked at the Hennepin County lot yesterday and found that the majority of the lot is now under water and that in her opinion the amount of dry buildable is not more than the shoulder of the road. Due to this fact, she agrees with the Planning Commission recommendation of denial. Applicants stated that they still believe there are alternatives yet to be found that could be acceptable. They also noted that this lot has been assessed as a buildable lot. Mayor Butler stated that she does not feel that acquisition of the additional property from Hennepin County would benefit the situation. It was also noted by the Council regarding the taxes, that the property owners have the right to appeal the assessed value. The applicant's stated that they.in good faith removed the hazardous foundation which they believe gave them the "grandfather" right to remodel or rebuild. City Administrator Bernhardson noted that the structure was deemed to be hazardous and not able to be remodeled. City Attorney Blatz stated that the Council has the obligation to consider health & safety measures, which in this case seems to be in the best interest of the applicants. Applicants questioned what alternative uses can this property serve i.e. recreational lot, dockage etc. CounciImember Frahm stated that a primary structure must be on the lot in order to allow the accessory dock structure. 1 i • • MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 #999 BELDON/MELINE continued City Administrator Bernhardson suggested that if it is the Council's considered opinion they direct staff to draft a resolution of denial in conjunction with researching the code for recreational uses that may be allowed. It was moved by CounciImember Adams, seconded by Mayor Butler, to direct staff to draft a resolution of denial and to meet with the applicants to explain their no-buildable alternatives. Motion, Ayes 4, Nays 0. #1010 DUANE HALL* I860 SHADYHOOD ROAD PRELIMINARY SUBDIVISION DENIAL RESOLUTION It was moved by CounciImember Frahm, seconded by Councilmember Grabek, to defer this matter until the May 27, 1986 Council Meeting as requested by the applicant. Motion, Ayes 3, Nays 0. #1011 EXCELSIOR BAY YACHT CLUB DEERING ISLAND CONDITIONAL USE PERMIT AND VARIANCE Douglas Klint and Brian McGoldrick were representing the Excelsior Bay Yacht Club. present City Administrator Bernhardson explained the request for a conditional use permit on Deering Island for a day use recreational area and a variance to the minimum area of 5 acres. The applicant proposes, a maximum of 75 users (staff recommenr a maximum of 53) at one time, 38 - 40' dock slips, Co. truction of a 900 s.f. gazebo, and installation of septic system. Councilmember Frahm stated that he had no problems with the proposed use but felt the proposed 38 slips were excessive. In addition, the location of the docks would create more problems in an already heavily used area. At this time (8:26 PM), Councilmember Frahm had to temporarily leave the Council meeting. Mayor Butler noted that approximately 65 letters of opposition have been received. In addition, she read into the record a letter of opposition from Dick Cherba, 1340 Vine Place. Mayor Butler stated that she agreed with Councilmember Frahm's statements. She also questioned, based on information she has received, whether the proposed site for docks is deep enough to navigate boats to docks. \d 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD HAY 12, 1986 #1011 EXCELSIOR BAY YACHT CLUB continued Mr. McGoldrick stated that last year they were able to get a boat within 15 feet of the island. Zoning Administrator Mabusth noted that the proposed 40* docks would extend a 100' from shoreline. City Administrator Bernhardson noted the possible need for a business use license for the dockage. CounciImember Adams asked the applicant why they could not proceed on a less aggressive dockage plan. Mr. Klint stated that they are prepared to do that, but they want their right to control it on a private basis and they are entitled to 38 slips per LMCD. He stated that they feel that the City does not have the expertise to decide the number or size of docks that should be allowed. In addition, Mr. Klint stated that at this time they would like to withdraw the application for a variance because at the time the code was adopted, the city took the position that the island was 6.5 acres which was recorded acurate and final for all times. He stated that it is a record lot and regardless of the size of the island at this time, they do not need the variance. Mayor Butler stated that the issue is that the island is now only 2.65 acres and the city can not pretend that the island is 6.5 acres, and the proposed recreational day use does indeed require a variance. City Attorney Blatz concurred with Mayor Butlers statement and to overlook the facts concerning the • actual size of the island would be irresponsible. Counci Imember Grabek stated that he is not in favor of utilizing the island in a commercial fashion and feels there would be long term problems i.e. transfer of ownership. He asked the City Attorney's opinion in this matter. City Attorney Blatz stated that she would like to review the code and its history before giving her legal opinion. She noted that the city does have the right to place conditions which they feel appropriate in granting a conditional use permit. It was moved by CounciImember Grabek, seconded by CounciImember Adams, to table this matter pending a legal opinion by the City Attorney. Motion, Ayes 3, Nays 0. I • I . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 #1014 BOARD OF GOVERNOR'S OF BIG ISLAND VETERAN'S CAMP RECORD LOT #7 CONDITIONAL USE PERMIT RESOLUTION #1988 Stuart Gorney was present representing the Board of Governors. City Administrator Bernhardson explained the request for a conditional use permit to allow temporary overnight camping by workers involved in the Big Island Veteran's Camp clean-up. CounciImember Grabek questioned why the clean-up is not done on a daily basis, and should not be opened up to an unsafe situation with a season of camping. Mr. Gorney noted that 98% of the work will be done on weekends by volunteers and more can be accomplished if they are allowed to camp overnight. He noted that a caretaker will be the only person allowed to camp for the full 90 days. Councilmember Grabek stated that based on that intent, he has no problem with this application. It was moved by CounciImember Grabek, seconded by Mayor Butler, to adopt Resolution #1988 granting a temporary conditional use permit for the overnight camping of volunteer workers subject to: a) staff to inspect the site bi-weekly b) caretaker the only allowed 90 day camper Motion, Ayes 3, Nays 0. #1015 ERVIN F. KAMM, JR. 755/763 NORTH FERNDALE ROAD PRELIMINARY SUBDIVISION APPROVAL RESOLUTION #1989 City Administrator Bernhardson explained the request for preliminary subdivision approval noting that there is a variance for no access to a public street included. Assistant Zoning Administrator Gaffron reviewed the ownership of the private driveways and which houses they served. He stated that the proposed lots have adequate primary and alternate septic cites. It was moved by CounciImember Adams, seconded by Mayor Butler, to adopt Resolution #1989 granting preliminary subdivision approval with the additional notation specifying that public road frontage variances are granted for both Lots 1 and 2. Motion, Ayes 3, Nays 0. If ! k ^ • f MINOTBS OP THE REGULAR ORONO COUNCIL MEETING HELD NAY 12, 1986 fl019 RALPH MARTINSON 2525 ffOODHAVEN DRIVE PRELIMINARY SUBDIVISION APPROVAL RESOLUTION #1990 Ralph Martinson was present for this matrer. City Administrator Bernhardson explained the preliminary subdivision request which meets all the standards except having frontage on public street. He noted that the resolution should be amended in the same manner as the previous application. It was moved by Mayor Butler, seconded by CounciImember Adams, to adopt Resolution #1990 as presented granting preliminary subdivision approval with the additional notation that a variance is granted to the "frontage on a public street" code requirement. Motion, Ayes 3, Nays 0. #1021 JAN 6 NORA AKERBERG 4075 HIGHHOOD ROAD VARIANCE RESOLUTION #1991 Nora Akerberg was present for this matter. City Administrator Bernhardson explained the request to approve hardcover in excess of the allowable limits concurrent with hardcover removal in the 75 —250' setback zone. Assistant Zoning Administrator Gaffron noted that Planning Commission recommended approval to allow a slight increase in order for a drainage area of hardcover to remain. It was moved by Mayor Butler, seconded by CounciImember Grabek, to adopt Resolution #1991 as drafted. Motion, Ayes 3, Nays 0. raiGINBER'S REPORT Engineer Cook had nothing to report at this time. MAYOR'S REPORT: EMERGENCY PREPAREDNESS EXERCISE It was moved by CounciImember Grabek, seconded by CounciImember Adams, to accept the information regarding the emergency preparedness exercise on April 22, 1986. Motxon, Ayes 3, Nays 0. 8 \ ■I ] U I MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 CABLE TV REPORT: Counci Imember Adams complimented City Adminis<-ra<-«,- He stated that the City should representative from the community.have an "at large" CITY ADMINISTRATOR'S REPORT board of REVIEW* TUESDAY, MAY 27, 1986 - 6:00 P.M. It was moved by CounciImember Frahm, seconded bv staff's memo regarding Motion, iyts 3? Nay% temporary summer employ JAMIE BOSMA ZONING AMENDMENT* RECOMMEND DEFERRAL moved by Counci Imember Frahm, seconded bv Boom? ^“thorize employment of Jamie August 29August 29, 1986 at an hourly rate of $6.00 per hour dIus associated part-time benefits. Motion, Ayes^ 3, Nays 0 It was moved by CounciImember Frahm, seconded bv Councilmember Grabek, to defer discussion of the pending 198 6^m^T” meeting Tuesday, May 27?1986. Motion, Ayes 3, Nays 0. . r r WEST FERNDALE INTERSECTION/COUNTY ROAD 15 to West Ferndale cutoff (costs to install guard rail posts $768). j“st square off theintersection to slow traffic. was moved by Councilmember Adams, seconded by Mayor staff's recommendation and establish a public hearing for June 23, 1986. Motion, Ayes 3, Nays ^ T ^ ■ L- MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 HIGHWAY 12/WILLOW DRIVE INTERSECTION SEMAPHORE CONTROL RESOLUTION #1992 It was moved by Mayor Butler, seconded by CounciImember Adams, that the City Council of Orono adopt Resolution #1992 requesting that the Minnesota Department of Transportation research the warrants for installation of a traffic signal at the intersection of Highway 12 and Willow Drive and that if met they should commence construction and funding of such a signal in the immediate future. Motion, Ayes 3, Nays c. NOTE: At this time (9:35 P.M.) Councilmember Frahm returned. REVENUE SHARING REIMBURSEMENT FOR BUDGETED EXPENDITURES It was moved by Councilmember Grabek, seconded by Councilmember Adams, to approve the transfer of $9,182.02 from Revenue Sharing Fund to the General Fund for reimbursement of personal services expenditures within the Police Department, and the transfer of all future Revenue Sharing funds as received during 1986 to the General Fund for reimbursement of personal services expenditures within the Police Department. Motion, Ayes 4, Nays 0. WAYZATA SERVICE CONTRACT It was moved by Councilmember Adams, seconded by Councilmember Frahm, to accept City Administrator's information regarding the possibility of convract with the City of Wayzata for certain building inspection services. Motion, Ayes 4, Nays 0. WINTON BURMASTER DAY RESOLUTION #1993 It was moved by Councilmember Grabek, seconded by C' unci Imember Frahm, ''assinq Resolution #1993 to declare June 14, 1986 as Winton Burmaster Day in the City of Orono in honor of his many years of fine service. Motion, Ayes 4, Nays 0. HAZARDOUS BUIIJ>ING PROCEEDINGS* RESOLUTIONS #1994, 1995, 1996 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, passing Resolution #1994 through #1996 to commence hazardous building proceedings on the following properties: Resolution #1994 - 1929 Fagerness Point Rd. Resolution #1995 - 1305 Elmwood Rd. Resolution #1996 - Lot next to 1415 Cherry Place Motion, Ayes 3, Nays 0. MINUTES OP THE REGUUVR ORONO COUNCIL MEETING HELD MAY 12, 1986 REQUEST FOR REFUND* GENERAL PERMIT #8438 It was moved by CounciImember Frahm, seconded by Councilmember Grabek, to approve refund of $60.50 to Robert Thoen Plumbing for General Permit #8438. Motion, Ayes 3, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve City Administrator Bernhardson's Information report regarding: Highway 12 Study, Stubbs Bay School, and Hardcover. Motion, Ayes 3, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz had no report at this time. LICENSES* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the following Licenses; Septic System Installers - Elmer J. Peterson Widmer Inc. Garbage & Refuse Collectors - R&W Sanitation, Inc. East Tonka Sanitation Westonka Sanitation Motion, Ayes 3, Nays 0. BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve payment cf the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 3, Nays 0. ADJOURN]IT 9:40 P.M. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to adjourn the regular Council meeting at 9:40 P.M. Motion, Ayes 4, Nays 0. ATTEST; Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor I w inn i rm li a^iin m iii MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD MAY 27, 1986 ATTENDANCE 8:28 P.M The Orono Council met on the above date with the following members present: Mayor Butler, CounciImembers Grabek, Frahm, Adams, and Hammerel. The following ^®P^®sented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building and Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Barrett was also present. CONSENT AGENDA* It was moved by CounciImember Frahm, seconded by CounciImember Hammerel, to approve the Consent Agenda* as submitted. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by CounciImember Frahm, seconded by CounciImember Hammerel, to approve the Minutes of the regular May 12, 1986 Council Meeting as submitted. Motion, Ayes 5, Nays 0. PUBLIC COMMENTS There were no comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: #990 WARD FERRELL 3405 WATERTOWN ROAD VARIANCE > DENIAL RESOLUTION Mr. Ferrell was present and requested that this matter be tabled because his attorney was unable to attend this meeting. It was moved by CounciImember Adams, seconded by CounciImember Grabek, to table this matter until the June 9th Council meeting. Motion, Ayes 5, Nays 0. #991 AND #1018 WILLIAM J. ULRICH* 1535 AMD 1595 BOHN'S POINT ROAD AFTER-THE-FACT CONDITIONAL USE PERMITS Upon staff recommendation, it was moved by CounciImember Frahm, seconded by CounciImember Hammerel, to table this matter until the June 9th Council meeting pending additional information. Motion, Ayes 5, Nays 0. #999 BELDEN/MELINE 3598 NORTH SHORE DRIVE VARIANCE - DENIAL RESOLUTION Due to the fact that the applicant's, Benn Belden and Evan Meline, were not present. Assistant Zoning Administrator Gaffron recommended that this matter be tabled for a month and he will notify applicants. ■ioMi MINUTES OF REGULAR ORONO COUNCIL MEETING HELD MAY 27, 1986 #999 BELDEN/MBLINB continued It was moved by CounciImember Frahm, seconded by CounciImember Grabek, to table this matter until the June 23, 1986 Council meeting. Motion, Ayes 5, Nays 0. #1010 DUANE HALL I860 SBADYWOOD ROAD PRELIMINARY SUBDIVISION - DENIAL RESOLUTION 5^ Because Duane Hall was not present. Zoning Administrator Mabusth recommended that this matter be tabled. She al. o recommended that Mr. Hall be advised to seek legal counsel. It was moved by CounciImember Grabek, seconded by Mayor Butler, to table this matter until the June 23, 1986 Council meeting and direct staff to advise applicant to seek legal counsel for this reveiw. Motion, Ayes 5, Nays 0. #1011 EXCELSIOR BAY YACHT CLUB* DEERING ISLAND CONDITIONAL USE PERMIT AND VARIANCE Upon staff recommendation, it was moved by CounciImember Frahm, seconded by CounciImember Hammerel, to table this matter until the June 9, 1986 Council meeting. Motion, Ayes 5, Nays 0. ZONING AMENDMENT Zoning Administrator Mabusth reviewed with the Council the proposed Zoning Amendment changes. Some of the items discussed were: a) Not allowing fences within 75' of the lakeshore on lots divided b'- a major thoroughfare. b) Major change proposed would not allow 3-1/2 foot fences within 75 feet of the lake with the exception of lockboxes. c) Stockpiling - reguiate by 1) not allowing more than 10% of fill to be stockpiled OR 2) amount to be allowed based on foundation footprint size. Staff to review and determine. d) Berms - definition and controls. e) Mean iieight should be addressed. Staff to revise the proposed Zoning Amendment to reflect Council's concerns and bring the amendment back for Council ravievf at their June 23rd meeting. ! . p MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 27, 1986BIG ISLAND* LOT AREA VARIANCES RESOLUTION #1997 - #2002 It was moved by CounciImember Frahm, seconded by CounciImember Hammerel, to adopt the following Resolutions approving Lot Area Variances for properties on Big Island: Resolution #1997-Record Lot No. 11, V. William Melin Resolution #1998-Record Lot No. 28, J.W. Vanderhoof Resolution #1999-Record Lot No. 41, Scriver/Burch Resolution #2000-Record Lot No. 36, Stephen O'Gara Resolution #2001-Record Lot No. 40, D.W. Pratt Resolution #2002-Record Lot No. 14, D.J. Kilbane Motion, Ayes 5, Nays 0. MAYOR'S REPORT Mayor Butler had r.jthing to report at this time. CABLE TV REPORT There was no Cable TV Report at this time. CITY ADMINISTRATOR'S REPORT: B 'S POINT PETITION City Administrator Bernhardson reported on a petition regarding construction noise o*> Bohn's Point related to the Ulrich construction. It was moved by Counci 3 member Hammerel, seconded by Mayor Butler, to accept staff's information related to the petition presented by the residents on Bohn's Point. Motion, Ayes 5, Nays 0. I ED LEHMAN - NOTICE OP CLAIM City Administrator Bernhardson reported on the claim for * water installation from Mr. Ed Lehman and after reviewing the matter, staff's recommendation is that the City has no liability in this matter. Ed Lehman was present and explained his recollection of the conversation with Public Works Coordinator Gerhardson and stated that the City should stand behind an employee's statement. Due to the fact that there was an apparent misunderstanding and that the bill is a year and a half overdue, it was moved by CounciImember Grabek, seconded by CounciImember Adams, to authorize payment of up to $500 (staff to determine amount and contact Mr. Lehman). Motion, Ayes 5, Nays 0. MIHUTBS OF THE REGUIAR ORONO COUNCIL MEETING HBIJ> MAY 27, 1986 TRAFFIC SAFETY AWARD - MINNESOTA SAFETY COUNCIL It was moved by Mayor Butler, seconded by CounciImember Hammerel, to accept the Traffic Safety Award and commend those within the City who have promoted safety, not only during 1985 but, throughout the years. Motion, Ayes 5, Nays 0. POLICE RESERVE FUNDING City Administrator Bernhardson reviewed the recommendation to undertake a donation for private events and that the money be used to train and equip the Police Reservists. It was moved by CounciImember Frahm, seconded by CounciImember Grabek, to approve the recommendation for utilization of this means to fund equipment and training for the Police Reservists. Motion, Ayes 5, Nays 0. UTILITY RATE STUDY City Administrator Bernhardson reviewed the Water & Sewer Rate Study with the Council. It was moved by Mayor Butler, seconded by CounciImember Adams, that the Council approve the recommendation of staff for the 1986 Sewer & Water rates effective beginning the 3rd quarter of 1986. Motion, Ayes 5, Nays 0. LaDean McWilliams, 1130 Willow Drive, mentioned the reduction rate system that the City of Long Lake is currently using. City Administrator Bernhardson stated that staff will review it. HIGHWAY 12 STUDY TOUR > JUNE 2, 1986 - 6:30 P.M. Council accepted the scheduled Highway 12 Study Tour to be held on June 2, 1986 at 6:30 P.M. RAILROAD CROSSING - STUBBS BAY ROAD* AGREEMENT AND RESOLUTION #2003 It was moved by CounciImember Frahm, seconded by CounciImember Hammerel, that the City Council adopt Resolution #2003 giving it's approval to the installation of new standardized equipment at the crossing of Burlington Northern tracks at Stubbs Bay Road. Motion, Ayes 5, Nays 0. SETTLEMENT ARTHUR PRIBSZ It was moved by Mayor Butler, seconded by CounciImember Frahm, the City Council approve the payment of $1,490.00 to Arthur Priesz, Jr. as the City was in receipt of a hold harmless agreement. Motion, Ayes 5, Nays 0. MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD MAY 27, 1986 ADMINISTRATOR'S INFORMATION* It was moved by CounciImember Frahm, seconded by CounciImember Hammerel, to accept City Administrator Bernhardson's information report regarding: Long Lake Sewer-VanEeckhout, Metro Waste Control Commission/Fulmer Property, Lorge Property-2695 Casco Point Road, Gregory Property-1410 Shoreline Drive, and A.R.I. Contracting Work Commencement-Sewer Project. Motion, Ayes 5, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Barrett had nothing to report at this time. LICENSES* It was moved by CounciImember Frahm, seconded by Counci Imember Hammerel, to approve the following licenses: Septic System Installers - Jerry Johnson Excavation Gabage 6 Refuse Collector - Baldy Sanitation, Inc. Solicitor's License - Fabian Seafood Co. Home Occupation License - Rod Minnich, 340 Old Crystal Bay Rd. Motion, Ayes 5, Nays 0. BILLS* It was moved by CounciImember Frahm, seconded by CounciImember Hammerel, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 5, Nays 0. NO SMOKING - COUNCIL CHAMBERS ^ . wIt was moved by CounciImember Grabek, seconded by CounciImember Hammerel, to eliminate smoking in the Council Chambers. Motion, Ayes 5, Nays 0. ADJOUR]IT 9:40 P.M. It was moved by CounciImember Frahm, seconded by Councilmember Grabek, to adjourn the Council meeting at 9:40 P.M. Motion, Ayes 5, Nays 0. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor ■i 1I - I i I i II •= 1