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HomeMy WebLinkAboutGrading-Fill 13 - 31O + MIR I II Ill Doc No A10004721 Certified, filed and/or recorded on Sep 10, 2013 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 9 Pkg ID 1028397M Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. .4?,, 117. O O CITY of ORONO 1-1 iaV� RESOL TION OF THE CI Y COUNCIL � a ,� N IkESHO A RESOLUTION GRA TING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ONING CODE SECTIONS 78-916, 78-96 & 78-1286 FILE NO. 13-3624 WHEREAS, Wagener Properties LC, a Minnesota Limited Liability Company (herein after the "Owner") is the owner o the property located at 3165 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: That part of Government Lot 1, Section 9, Township 117, Range 23 West of the 5th Principal Meridian described as commencing at a point in the West line of said Government lot distant 1160.8 feet North from the Southwest corner of said Government lot; thence East parallel with the South line of said Government lot a distance of 442.93 feet, passing through a judicial landmark set pursuant 7o Torrens Case No. 11475; thence South parallel with the West line of said Government lot a distance of 102.5 feet; thence East parallel with the South line of said Government lot a distance of 211.0 feet, more or less, to the shore of Lake Minnetonka to the actual point of beginning of the land being described; thence West along the last described line to a point distant 442.93 feet East of the West line of said Government lot and 1058.3 feet North of the South line of said Government lot; thence North a distance of 102.5 feet to the North line of the South 1160.8 feet of said Government lot; thence West on the North line of the South 1160.8 feet of said Government lot a distance of 197.93 feet (or to a point 245.0 feet East of the West line of said Government lot); thence South parallel with the West line of said Government lot a distance of 175 feet; thence Southeasterly deflecting to the left 78 degrees 00 minutes, a distance of 330 feet, more or less, to the shore of Lake Minnetonka; thence Northeasterly along the shore of said lake a distance of 180 feet, more or less, to the point of beginning, Hennepin County, Minnesota, (hereinafter the "Property"); and WHEREAS, the Owner has made application to the City of Orono for a conditional use permit (hereinafter the "CUP") for filling and grading activity in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916, 78-966 & 78-1286 to incorporate approximately 2,267 cubic yards of fill into the Property in order to blend the contour with the Owner's adjacent property; Page 1 of 4 . . r , • e . . , , , 4?,, 0.4,. O O . CITY of ORONO A \,‘so u�; RESOLUTION OF THE CITY COUNCIL IAA ' Ofl ' _ C, NO. 6 3 1 5 4kESiIOg WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesotaii pity Code, a public hearing was held by the Orono Planning Commission on August 2013 at which times all persons desiring to be heard concerning this applicationre given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 13-3624. 2. The Property is located in the LR-1 B, One Family Lakeshore Zoning District which requires a minimum lot area of 1.0 dry acres and a minimum lot width of 140 feet. 3. The Planning Commission reviewed this application at a public hearing held on August 19, 2013 and voted 6 for and 0 against on a motion to approve the CUP. The Planning Commission finds that the following factors support the granting of the requested CUP: a. The Property is 1.5 acres in area; has 173 feet of width at the lakeshore and 149 feet in width at the 75-foot setback. b. The request for fill in excess of 500 cubic yards will not impact the Property as viewed from the lake. c. The elevation which the fill is ultimately achieving will be consistent with the grades on the Owner's property to the south. d. The fill will be brought in over the Owner's access off of Bohns Point Road and not over the shared driveway accessing off of North Shore Drive. Neither the shared driveway nor the adjacent properties will be negatively impacted by the proposed fill. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed CUP on the health, safety and welfare of the community. Page 2 of 4 , , • I I , . gv 0 N. O O CITY of ORONO ,-� =-"$% S,f1.°6P( ir t RESOLUTION OF6TE1CTY COUNCIL ESHev CONCLUSIONS, ORDER 4ND CONDITIONS Based upon one or more of the above findigs, the Orono City Council hereby grants a CUP for filling and grading activity in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916, 78-966 & 78-1286 in order to incorporate approximately 2,267 cubic yards of fill into the Property; subject to the following conditions: 1. Council approval is based on the grading plan submitted by the Owner and annotated by City staff, attached to th s Resolution as Exhibit A. Any amendments to the grading plan may require further Planning Commission and City Council review. 2. A double row of silt fencing shall be placed and maintained between the lakeward extent of the grading activity and the lake. 3. The Owner shall conform to the recommendations of the City Engineer. 4. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with the approved grading plan. 5. An administrative Zoning Permit for Major Land Alteration is required prior to the commencement of grading activities. 6. The Owner shall submit an escrow in the amount of $5,000.00 for erosion control purposes with the application for Zoning Permit for Major Land Alteration prior to commencement of grading activities. 7. An as-built grading plan/survey showing conformance with the approved plan shall be submitted prior to the final inspection of the site grading. Vegetation must be established and final grading must be approved prior to the release of 1 escrow monies. bythis resolution run with the Property not with the Owner, 8. Authorities granted p y but are permissive only and must be exercised by completing the project within one year of the date of Council approval, or the CUP will expire on that date (August 26, 2014). 9. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 4 �r s Olv °41 ) CITY of ORONO A r , + RESOLUTION OF THE CITY COUNCIL 4kESHOs; 10. The undersigned Owner has read, understads and hereby agrees to the terms ofthis his resolution and on behalf of the Ownerand the Owner's 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 the 26th day of August, 2013. ATTEST: ' ' ;:',i4;k---Xei-t_kiLl .00eje ,,..0,-). • ,jeri. 1( _ri-t-ea-,._.. Rachel Dodge, City Clerk Lili Tod McMillan, Mayor 9 t p f Prop,rty Od nrjs),,/° v STATE OF MINNESOTA COUNTY OF HENNEPPIN This instrument was acknowledged before me this Zifil- day of A 1 u.64- , 2013 by tot c-Q 3.L3 csr..e./.., its 0,ie 0"1o....aoQ.e.... on behalf of t,)ov....-2.a• P n aped. ,L..LL.. , the Owner. Notary Public .; PETER W.JOHNSON a R l, NOTM E-MINNESOTA R *dmwMon Etpbtin.31,2015 Page 4 of 4 1 SEES NNI I ktld 3A1210 011im'OHd JIL7tl.° q1 """°�E^d �tl "..`•°��"' '« 95ESS MW'3Ntll'JNOl3AlaOM01lIM'NSYY • Resolution OD SHANE/did CIEIVI sti0A3ALf1S iEl 1 EI33N1'JN311A10 s.,n NM na .va4re.�®. ..„ 'bNI'S91VIOOSSV'5'J2l39NO21J w,+ M Ste" 3 "3 '.'° n.,,°,xx ",0,0.0 sNoisln3a Exhibit A d Jill z 23 2, WO fl 6 3 1 5 W I ii! !Ig> t 1 pit. al 1. it1 pill — N W > O U \ \�� E f7 \ E_N \ M 3- O i . / \\ N S-°EE 2 22\ iigi go V •z LL , \, , , , ,i1 _. 0. 0 g J N i' \ LLW � N z T LI, \ O LLI cZ� , I;!. � CL / re W :z —L. OW —`� I W I M � �— I,. _ L 3 —_' .... ` Cr: Ili \ - i3b— 4, \ : \zW QwZO Z 1 � ' I \ oC) Wz� 1 +; \ v /i , v 1 - _7,1\\ — ®Il o a -- l i d / IS.; I.. \ i/ice /"' / : — -- ——— i IV ! t ° I \ -- — - t' its I ii '! $°` S f i x° FEi'ut Y�gti {. e j1EF ..1111 / . \, N._. ! ---.--- will; y i 1 is -°11.1 fn ig "" — ° :. Mgt `� ; � i �t /�/ 7 —� \ d 3 E I §s y .^ 'wy' lxa_.-- guild 1F i 1 �p�$_., iip / / s \ ---- r J—�—.r—- t 1pit, Fill t1 ! ai t.-, / ;xc N ; 3m . _ '�. —--ate i9l �iYH1�° tj 1Ft° C fi�rEa�Hp // / u`u_ — , •_Arl i. 1, iits@iiii]$yylnii'lli::hi Sliiii p3 --'cii Mw ¢_ T �°-— q�®12i1?t�if i� tia S ; I'€°!`n!i // // h — 'e --_ - 6i,- r.---- $--" ... `A , — E d N r w _ 7 K // i/Q I / / _ OOS[13d6fLL30x ''" - ... .' yy//r dih to tin / ,111 it /7 7I 411111hIhllh1jhll hil B1\\ ppaoc WRl \ K,,,_ p5gE�•6a �ia'azE°3 Eo SSE II_ ! t 1 I 1 i \ s. "'gill �e$ =� 1h a y iy r& l III;1 11 a a ! . 5=`tgg as=15b1..ep.,e '1 55 i E1 /" I E i1 a S i!' 1`E7„Cia=6 11Ei� .: to ! I it$ i! i,I ! ii sr _ ra °te=°e o tma%a 1 1'6 if i of 1€gypgy 1 I i lipp fr n� �w=i®3i.i.21 E_tea°et E j 11 i• 4 i• @@ t t F 4 II ,\ z1o'e€ 435.go aqi�s'asi'n s iP t {i . . E 1 ii`l p i ii° --a -;zaa'i;01e'a _',is€ € g !E lit it i it S9i95lA i Ii Hill, ...au...moos ' — _ wad 9 Cg:y0 fljjjJ;I 7 9w31I_ _ \ fg9q( 1 [ 66a 4 , LSxilf liiiiiiii t 1°g i -1Cf c, _. • • STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on August 26, 2013, with the original thereof on file in my office, and the same is a correct transcription thereof WITNESS my hand officially as such City Clerk and the corporate seal of the City this , 8 day of �` � , 2013. 6c,e)f- i2 City Clerk 0 i do CITY OF ORONO ZONING FILE: 13-3624 2750 Kelley Parkway P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: 26 August 2013 TO: Wagener Properties, LLC C PIES: Peter Johnson via email 1420 Bohns Point Road Wayzata, MN 55391 TYPE OF APPLICATION: CUP DATE OF MEETING: 26 August 2013 VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the original resolution at the City Offices (Please note: The City is now on a summer schedule. Monday through Tl ursday 7:30 — 5 PM & Friday, 7:30 to 11:30). All persons with an interest in the property must sign the resolution. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Approval expires one year after date of approval. A permit must be obtained no later than August 26, 2014. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please contact Melanie Curtis, Planning & Zoning Coordinator, at mcurtisci.orono.mn.us or 952.249.4627. • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 o'clock p.m. #13-3621 THOMAS WASMOEN ON BEHALF OF JOHN BESSESEN, 2445,24 2465 S• •DYWOOD ROAD, 2560 KELLY AVENUE,AND PIP 20-117-23-11-0032—SKET'' PLAN RE W, Continued) Bessesen st. -d they will have to look at what else can be done with the site bu ven the price of the land,they canna. .ut up one or two single family homes on the property. B5,-: esen noted Snyder's has been closed for a to time and that it would be hard to develop a retail .." ielopment in this area. McMillan asked what the - t step would be if they wanted to loo. .t other ways of developing the property. Gaffron stated in his view it would st be a sketch plan, iew and would entail basically the same process that has just been gone through. . affron sta.,: if they propose something that does not require rezoning, it would go through the normal pre -ss •• that the developer should make sure there is some buy-in by the City before spending a lot of dol Bessesen stated it likely will require a ' " D rather th. ezoning if residential is proposed. McMillan asked if it would have be rezoned for a RPUD on .•e commercial property. Gaffron stated the City h.,• of defined a mixed use ordinance to cove hat could be developed on this site. Anything other t • an office or mixed use office would be beyond • .at is currently in the City's Comprehensive Pl..r' Bessesen co , ented there is already is a mixed use in this area and that the dentist a • bank would like a new buil• T• ity Council took no formal action on this item. *8. #13-3624 PETER JOHNSON ON BEHALF OF WAGENER PROPERTIES,LLC,3165 NORTH SHORE DRIVE, CONDITIONAL USE PERMIT—RESOLUTION NO. 6315 Anderson moved,Printup seconded to adopt RESOLUTION NO. 6315, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-916, 78-966,and 78-1286, for the Property Located at 3165 North Shore Drive. VOTE: Ayes 5,Nays 0. 9. • TLAND DELINEATIONS CODE INTERPRETATION Gaffron noted at the las • Council meeting during the public comment portion of the . - • g Amy Hubbard raised some questions -_• ding use of older wetland delineations for d- . ination of wetland setbacks. In response to those question - .ff has provided the City Co. ••• ith some information on this issue. Jay Kanive, 950 Willow Drive, stated this is so t- e aching the i . - that was discussed during his previous application for a sport court b, .t he would like to comment on -- 'ssue. Kanive noted he sent an email to the Council las t regarding this issue and that he is not as pre.. -d as he would like to be to speak on the m.. ince he was not aware this would be an agenda item this ev- -• _ _ Page 11 of 21 • • Date Application Received: 07/17/13 Date Application Considered as Complete: 07/17/13 60-Day Review Period Expires: 09/15/13 REQUEST FOR COUNCIL ACTION Date: 21 August 2013 Item No. � Department Approval: dministrator Approval: Agenda Section: Name: Melanie Curtis Title: Planning&Zoning Coordinator (Jo Item Description: # 13-3624, Peter Johnson on behalf of Wagener Properties, LLC -3165 North Shore Drive—CUP—Resolution Zoning District: LR-1B, One Family Lakeshore Residential District Lot Area: 1.5 acre (65,658 s.f.) Lot Width: 173' at the shoreline, and 149' at the 75' setback List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Survey Exhibit C. Planning Commission Staff Report 08/13/13 Exhibit D. Draft Planning Commission minutes 08/19/13 Application Summary: In 2009, the City granted a conditional use permit (CUP) for fill to restore the property and blend it into the existing grades of his residence lot. The applicant chose not to proceed at that time and the approvals expired. The current proposal is only moderately different than what was approved in 2009. The applicant is requesting CUP approval to import approximately 2,267 cubic yards of fill in order to restore the grade of the property. A new residence is not proposed at this time, the existing garage has been removed and the property owner proposes to remove a portion of the existing blacktop driveway as shown. Approximately half of the necessary fill material is already on site. Administrative permits were granted in July for 3165 North Shore Drive and the applicant's home property at 1420 Bohns Point allowing the applicant to bring 1,000 cubic yards of material (500 cubic yards to each property) made available from a new home under construction at 1910 Shoreline Drive. Planning Commission Recommendation On August 19, 2013 the Planning Commission voted 6 to 0 to recommend approval of the CUP as requested. Planning Staff Recommendation Staff recommends approval consistent with the City Engineer's continued oversight. COUNCIL ACTION REQUESTED The City Council should consider adopting or amending the att ched resolution for approval. • • Council Exhibit C Date Application Received: 07/17/13 Date Application Considered as Complete: 07/17/13 60-Day Review Period Expires: 09/15/13 To: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planning&Zoning Coordinat r 1446/ Date: 13 August 2013 Subject: #13-3624, Peter Johnson on behalf of Wagener Properties, LLC 3165 North Shore Drive • Conditional Use Permit-Grading • Public Hearing Zoning District: LR-1B, One Family Lakeshore Residential District Lot Area: 1.5 acre (65,658 s.f.) Lot Width: 173' at the shoreline, and 149' at the 75' setback Application Summary: The applicant is requesting a conditional use permit to conduct land alterations in excess of 500 cubic yards in order to restore .he property and resulting in grades consistent with the lakeshore yard of the adjacent property at 1420 Bohns Point Rd. Staff Recommendation: Planning Department Staff recommends approval of the conditional use permit in accordance with the City of Orono regulations and the City Engineer's recommendations. Pertinent Zoning Ordinance Sections Sec. 78-911. Purpose Sec. 78-916. Granting of permit Sec. 78-966. Land Alteration Sec. 78-1286(e). Topographic alterations/grading and filling List of Exhibits Exhibit A - Application Exhibit B - Proposed Survey and Grading &SWPP Plans Exhibit C - Fill Calculations by Gronberg &Assoc Inc. Exhibit D - City Engineer Memos Exhibit E - Aerial Views—Bing Exhibit F - Resolution No. 5883 Exhibit G - Property Owners List Exhibit H - Plat Map Background This property contained a house until 2006 when it was dem lished in preparation for new construction. A new home was never built, however, and the current applic nt purchased the vacant lot as it is adjacent to his home. In 2009, the City granted a conditional use permit(CUP)for fill to restore the property and blend it into the existing grades of his residence lot. The applica t chose not to proceed at that time and the • • FILE#13-3624 13 August 2013 Page 2 of 4 approvals expired. The current proposal is only moderately o ifferent than what was approved in 2009. The applicant is requesting CUP approval to import approximat:ly 2,267 cubic yards of fill in order to restore the grade of the property. A new residence is not proposed at this time and the property owner proposes to remove a portion of the existing blacktop driveway. Conditional Use Permit Analysis According to Section 78-1286(e) the following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland... Not applicable (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. This will be addressed by the Stormwater Pollution Prevention Plan as submitted and approved by the city Engineer. (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. This will be addressed by the Storm water Pollution Prevention Plan as submitted and approved by the City Engineer. (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. This will be addressed by the Stormwater Pollution Prevention Plan as submitted and approved by the City Engineer. (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. This will be addressed by the Storm water Pollution Prevention Plan as submitted and approved by the City Engineer. (6) Fill or excavated material must not be placed in a manner that creates an unstable slope. The plans have been reviewed and approved by the City Engineer. (7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. The plans have been reviewed and approved by the City Engineer. (8) Fill or excavated material must not be placed in bluff impact zones. Not applicable. (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the department of natur I resources under Minn. Stat. § 103G.245. Not applicable. (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or ne rby property. The plans have been reviewed and approved by the City Engineer specifically to assure no n gative impacts on adjacent properties. • • FILE#13-3624 13 August 2013 Page 3 of 4 (11) Placement of natural rock riprap, including associat:d grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the o dinary high water level, and the height of the riprap above the ordinary high water level does not excee. three feet. A riprap permit shall be obtained per the requirements of section 78-969. Not applicable. Additionally, by code conditionally permitted uses must be r-viewed using the criteria found in Section 78- 916. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 (i.e. 78-966 thru 78-968) of the City Code; (3) Adequately served by police, fire, roads, and storn7water management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and ejnjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or of er means; (12) Not cause excessive non-residential traffic on r sidential streets, parking needs that cause a demonstrable inconvenience to adjoining properti s,traffic congestion, or unsafe access; (13) Designed to take into account the natural, sce ic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of- way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety,or general welfare. With regard to this application, items 2, 6, 7, 9, and 13 are generally applicable. Re: Item 2. The proposed grading is residential in nature anc: are compliant with the zoning code. Re: Items 6 & 7. These criteria essentially ask whether the proposed new grade is appropriate and in character with the surrounding land and neighborhood. Drainage patterns for runoff leaving the site should be improved. The resulting grade will blend into the property to the south. Also, Staff believes the • • FILE#13-3624 13 August 2013 Page 4 of 4 proposed grading within the 75-foot setback area is neces ary and minimal, and will have no impact on surrounding lands. Re: Item 9. This standard requires that the grading activ ty must not substantially impair the use and enjoyment of the property in the area or have an adverse i pact on the property values in the area when compared to the impairment or impact of generally permitt:d uses. The proposed use of the property as a residential property will not be changing as a result of the p oposed grading activity, so there should be no change in the use and enjoyment of adjacent properties. Re: Item 13. This standard requires that the grading be de igned to take into account the natural, scenic, and historic features of the area and to minimize environm ntal impact. The proposed grading on this lot will have minimal if any environmental impacts. As the property is proposed to be vegetated to match the property to the south there should not be undesirable views of the property when viewed from the lake. Staff Recommendation Planning staff recommends approval of the conditional use permit. • • PC Exhibit A City of Orono Land Use & Conditional Use Permit Application Street Address: Application# 45 - 3 J O 2750 Kelley Parkway YO Orono,MN 55356 Date Received: i-V 7— Staff: Main: 952-249-4600 fax: 952-249-4616 Fee: �f�, OD Mailing Address: �7 �*IN)11 - P.O.Box 66 Escrow#&$ / G Crystal Bay,MN 55323-0066 Permit Fee 4- H Okc Notes: This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. Job Site Address: 3)6 5- Norte Shore 7rive , ©vrnno , MINI CONTRACTOR/APPLICANT INFORMATION: Name: Plia-ehPAc- PhorCAe S, LL C- Phone: Fax: 9 5 - 4'7 6— oo 0 `7 Address: 31(9 5 No Y'(' 3 kw-4, Pri✓g._. City: QvD,i.o ZIP: 552°) I Contact Person: f)e,t-eAr r)ohA Spy Contact's phone number 13 a-—4-i.— 19 07 Email r,{-Q,✓J 6, taeleAr W J►ol/tln . Gorv' Applicant is: Contractor omeowner (Circle One) PROPERTY OWNER INFORMATION: Name: (SaAta-._ 0.5 a.iwo-ve?. Phone(day): Mailing Address: ZIP: Email and/or Fax Overall Project Description: (, (AZ „-, cAr on _ r'°1-I M k k PA, c�.,S 5 o - S 00 Cv,10c Check Box LAND USE APPLICATIONS Application Fee Escrow Appeal of Administrative Decision $50 NA Commercial Site Plan Review $700* $10,000(minimum) Comprehensive Plan Amendment $700* $700 Easement/Right-of Way(ROW)Vacation,without Subdivision $700* $700 PID(5 acre minimum per code) $200/acre(minimum$1,000)* $10,000(minimum) PUD Rezoning(Hwy 12 Corridor Only)-Residential $700+$40 per dwelling unit* $10,000(minimum) PUD Rezoning(Hwy 12 Corridor Only)-Commercial/Industrial $200/acre(minimum$875)* $10,000(minimum) RPUD or PRD,without Subdivision $50/dwelling(minimum$600) Zoning Amendments including Rezoning $700* $700 Check Box CONDITIONAL USE PERMIT(CUP) _ Application Fee Escrow After-the-Fact CUP Double Fee Amend Existing CUP $700* N/A Commercial I Industrial Use $700* $700 Duplex Credit(per building) $700* $700 J Grading and Filling-501 cu.yd. or more $700*+Permit Fee $700 Grading and filling-within 75'of OHWL(includes seawalls&retaining walls) $700*+Permit Fee $700 Grading and filling-wetland and floodplain $700*+Permit Fee $700 Guest House I Guest Apartment $700* $700 Institutional-Type: $700* $700 Renewal of CUP, IF no change to original plan $350 NA Residential Accessory Use-Type: $700* $700 JUL I 1 LU I,1 *plus,Engineering& Legal Review Costs Packet Last Updated: 03/29/13 arf OF ORONO # 3 62 Page 12 of 29 • • REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Not Enclosed Applicable ❑ 0 Escrow Agreement(signed) ❑ 0 Escrow(received) O 0 Pre-Application Form 0 Application Form 0 Certified Property Owners List(350'), labels and map ❑ 0 Survey(meeting ALL requirements) ❑ ❑ Proposed Plans ❑ 0 Hardcover Calculation(s) ❑ ❑ Septic System Site Evaluation Report ❑ 0 Wetland Delineation O 0 Wetland Buffer Evaluation ❑ 0 Buffer Improvement Plan ❑ ❑ ❑ ❑ APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the RIanning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed • The Owner hereby acknowledges and agrees to this applicati n and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commis ion and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized represent tive attend in place of the applicant/owner and advise the City Planner assigned to your project. Owner's Signature: t r L , -f r Date: 7' ►VI 3 Owner's Signature: Date: (Jo-9e Pforr hts, LLC Applicant's Signature: Date: 1/t i/ a 3 "/ Applicant's Signature . —`�' ''�'h P‘n- Date: RECEIVED J 172Qa on,' ORON'C� Packet Last Updated: 03/29/13 # 362 Page 13 of 29 • • DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal nay require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. R CLOR P► ) eS t /, Lc First Middle Last cio p� U . da hicl 450v (5 0 o UUGw,,2a-I-u- NV OL / S('�-'4 e, 104 Address c WO-26 7,04-a— 117)Ni Cs 39 I qcg--41s-iq 0-7 City State Zip Phone I understand my rights a stated above. /17 Sigat?-°n I 1 4 6 v"t.-1‘ t- RECEIVED JUL 17 2013 CITY OF ff3,9Ngs Packet Last Updated: 03/29/13 # 36 Page 14 of 29 _sr- N am1 �n0�o:0gm am�mo4)v-lr J . • . .. . ..A . 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'' TIE WALL —— �IJ_' Viz 1:i4 41 ,o / 4. • N ;• m It1It!tff1IE1i — . -- ` _ominia O A 1 ��A — • R � � f 5-.t O i �m ?F�,,l���. i� z n4 A �r // g£ i '1 & D 1 i _IlVxiIDi! i1Ijiii ' ii -- — ;, _94e `° —— *-—-946 N 3N1Vild° \ .. // / • ° °� g-R'gR1.Th .—____9yg� /�/• ✓'� 'ey m°l rS Ot / i ,,tr 8. , „ ,„.. , . I! fi * i Id i--* gg —.——9,6-- p y�f //,"per �,.. —_ 0 o'a / 6 IT Is if j o \ m ,1 `\ / \ 'v m l rn n y \i Z gZmn \ ,,_ moo$ — /) ow I m S t71 o \ 1 \\ C:':i m m m�I \ 00 \ � s 3.6 . ...t� \ O 13 > v \ A \\ -- __ / / swum-w102.50 _ Pj m g 3 n .1p /i gamg \ 0 mg IR —_ \ 10 0 �IR �m m O 71 CD m \ §5 orri m\ z � � m\< ` \ / g �o z 7 N rnO `'' \ r i' O � mr \ \ I oa D` Z 0 _ 0' _ ' r �v n voM °° ;mt „ \ j ga\5am o��.; T m3 aaa me I mi cm� g a o = \ \ / m `• \ O w v � \ v\ It N !Lk a \ o�V o, \ d ri 3 3 3 w �' 4v N \\ (A ON n </�/� 4,06,1roqt . - Litili F.4 I=I I 0 II \ lde ill n Eli ll . 9 1 flJ Ifl i/tiF \ \ o • EA. . .. J \ \ mmm co k ED 11 ' ^ 3 .14 N Q Co REVISIONS DESIGNED I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT DATE DATE BY REMARKS WAS PREPARED BY ME OR UNDER MY mRECTSUPERVISION, • -06 GRONBERG & ASSOCIATES, INC. P,BD9 vR Au EENCRIRE REAMED GRADING DRAWN AND THAT IAMA DULYIICENBEDPRDFESSIZETNOMEER SCALE AND ES O SURVEYOR UNDER THE LAWS OF THE STATE OF �._�' „.,a, a. R..... RD Es p R MNNESOTA / ,m N0. I CIVIL ENGINEERS,LAND SURVEYORS,LAND PLANNERS .. .....,. .�a CHECKED if � � 13-317 445 N.WILLOW DRIVE LONG LAKE,MN 55356 ROARED WALED eoms - DATE.IJ MINN.LICENSE NUMBER/L1,Or "�ET� PHONE:952-473-4141 FAX:952-473-4435 • • PC Exhibit C GRONBERG &ASSOCIATES,INC. SURVEYING, ENGINEERING AND LAND PLANNING 445 N.WILLOW DRIVE LONG LAKE, MINNESOTA 55356 952-473-4141 FAX: 952-473-4435 MAURICE WAGENER PROPOSED FILL CALCULATIONS FOR 3165 NORTH SHORE DRIVE ORONO, MINNESOTA July 24, 2008 DEPTH OF FILL(FT) AREA (SQ, FT.1 INCREMENTAL VOL. (CU. FT.) 0 21,600 > 34,300 2 12,700 > 19,100 4 6,400 > 7,800 6 1,400 61,200 Cu. Ft. =2267 Cu. Yds RECEIVED jut17 7013 CITY OF CAONO • • PC Exhibit D �/ 4ke, BOLTON & N K , I NC® p Z Consulting Engin ers & Surveyors 2638 Shadow Lane,Suite 2 •Chaska, MN 55318-1172 Phone(952)448-8838• Fax(952)448-8805 www.boltonpmenk.com August 5, 2013 City of Orono Attn: Melanie Curtis PO Box 66 Orono,MN 55323 RE: Conditional Use Permit Application 13-3624 3165 North Shore Drive Engineering Review#1 Dear Melanie: As requested, we have completed an engineering review of the Erosion and Sediment Control Plan and Certificate of Survey prepared by Gronberg &Associates, dat;d 7/30/13, and submitted for the above referenced project. We offer the following observations, co ents, and recommendations for your consideration: 1. The Applicant proposes to move more than 500 cy of m.terial within the Shoreland Overlay District. Therefore, Conditional Use Permit approval by the City ouncil is required in addition to the staff- issued Land Alteration Permit. Also, since the Applica t proposes to achieve proposed grades by importing fill,the City should consider the following: a. The City Engineer should be allowed to inspect any fill being imported to the site prior to it being placed. b. The Applicant should confirm with the City Engine r acceptable hours of truck hauling and provide documentation on the haul route to be used. Acceptable hours and haul route should be approved prior to the importing of any fill. c. The City Engineer should inspect roadways on haul oute prior to and following completion of work to determine whether adverse impacts have oc urred. The applicant should be responsible for the repair to roadways for any adverse impacts. 2. Grading,filling, and excavating of less than 10 cy is proposed within 75 feet of the ordinary high water level of Lake Minnetonka,which requires staff review and approval. A boulder wall is being removed in this area; therefore, a minimum amount of grading is required to accommodate the grade change. The grading proposed in the 75' zone will not adversely affect adjacent or nearby property. 3. The proposed grading in the northeast corner of the site does not appear to match what is intended. The 936 contour does not connect with the edge of the site and a depression is shown in the northeast corner. The grading should be revised to depict the swale continuing along the north and east property line, flowing continuously to the 934 contour. 4. For areas where a 50 foot natural buffer to the ordinary Nigh water level cannot be maintained, a double row of siltfence should be installed to ensure adequate erosion and sediment control protection for Lake Minnetonka. The perimeter siltfence should be inspected by the City prior to any land altering activities. 5. The proposed swale along the north property line will c ncentrate runoff flow. Therefore, erosion control blanket and/or biologs should be installed in this area after grading is complete to provide adequate protection against erosion and transport of sedi ent until permanent vegetation is established. • • o�' Conditional Use Permit Application 13-3624 nx 3165 North Shore Drive 0 Page 2 6. Tree protection fencing should be installed at the outsid 1 edge of the drip zone for trees to be saved, and the fencing should be inspected by the City prior to ny land altering activities. 7. Since this project will disturb the majority of the lot and is located directly adjacent to Lake Minnetonka, it is recommended that a financial security bf$5,000 for erosion control and engineering oversight be required of the Applicant. The financial security is intended to provide protection in the event that it becomes necessary for the City to install or maintain erosion and sediment control within the project area and covers the cost of turf re-establishment if the applicant is unable to follow through with the conditions of approval. 8. The applicant will be required to obtain Minnehaha Creek Watershed District(MCWD) approval and permitting for their Erosion Control Rule. A copy of the approved permit should be submitted prior to any land altering activities. Please let me know if you have any questions or need additional information. Sincerely, BOLTON &MENK, INC. 390--(Aitg 64 Robert E. Bean, Jr., P.E. Water Resources Engineer • • PC Exhibit E Z �.r • _ `�• ." 'T r 0v +f bra • ri}•* �w'tl r` y a.a sym - x a S 14 E !■!t k p! or! • it, 4Pk lei'. t� ' 11 - w. ` �,`` :' •r .�.N.' . i •,M YLJi 4 Ji , Isl • • ; L . • r i .., 3 • 3 !• { a .•' • 1 -+ ' `.w"r, _ `�;, ra tr•`, ft 4,.'�_`• - b^;r''•F 1 • t; • K Ve tr p ? ` * �i.i r °r 1 t • , s y yfISNINetki pis ' } i` a t r "R.'� g,+ k*. . • • PC Exhibit F ‘Vw „ A .a.:: � CI Y of ORONO n �� 44 � , �� ,�� %�,_ G~ RESO UTION OF THE CITY COUNCIL ` kESITO NO. A RESOLUTION G• NTING A CONDITIONAL US 9 PERMIT PURSUANT TO MUNICIPA ZONING CODE SECTIONS 78-967 (B) (2) z 78-1286 (D) (2) FILE NO. 09-3'31 WHEREAS, Wagener Properties LLC, a Minnesota Limited Liability Company (herein after "the Owner") is the owner of the property located at 3165 North Shore Drive within the City of Orono (hereinaft the "City") and legally described as follows: See attached Exhibit A (hereinafter the "property"); and WHEREAS, Peter Johnson has m.•e application on behalf of the Owner to the City of Orono for a conditional use permit .r fill in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-967 (:) (2), 78-1286 (D) (2) to incorporate approximately 2,200 cubic yards of fill into the i roperty in order to blend the contour with the Owner's adjacent property. NOW, THEREFORE BE IT • I SOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 09-3431. 2. The property is located in the L'-1B, One Family Lakeshore Zoning District which requires a minim 1 lot area of 1.0 dry acres and a minimum lot width of 140 feet. 3. The Planning Commission review:. this application at a public hearing held on October 19, 2009 and reco, mended approval of the conditional use permit based on the following fi dings: a. The request for fill in excess o 500 cubic yards will not impact the Property as viewed from the laic:. Page 1 of 4 • • 4---44:0 0 , 0- CI If of ORONO �, ' "to'� �._ G~ RESOL TION OF THE CITY OUNCIL Z�qE g�' r, SH NO. r b. The elevation which the fill is 'Itimately achieving will be consistent with the grades on the Owner's property to the south. c. The fill will be brought in over e Owner's access off of Bohns Point Road and not over the shared • 'veway accessing off of North Shore Drive. Neither the shared drive ay nor the adjacent properties will be negatively impacted by the proposed fill. 4. The City Council has considered a is application including the findings and recommendation of the Planni g Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply gen-rally to other property in this zoning district; that granting the conditiona use permit would not adversely affect traffic conditions, light, air nor p.se a fire hazard or other danger to neighboring property; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensi e Plan of the City. CONCLUSIONS, ORDE• AND CONDITIONS Based upon one or more of the above fin 1 ings, the Orono City Council hereby grants a conditional use permit for fill in excess o 1500 cubic yards per Orono Municipal Zoning Code Sections 78-967 (B) (2), & 78-128: (D) (2) to incorporate approximately 2,200 cubic yards of fill into the property, subject to the following conditions: 1. Council approval is based on the grading plan submitted by the applicants and annotated by City staff, attached to t is Resolution as Exhibit B. Any amendments to the grading plan may req ire further Planning Commission and City Council review. 2. The amount of fill brought onto the Prope y shall be monitored so as to ensure compliance with the approved grading pla . Prior to any fill being brought onto the Property, the Owner or the Owner's r:presentative shall make arrangements with the City Engineer with respect to mon' oring and haul routes. I Page2of4 ' 0 , t O = =a CITY of ORONO isc i , , ,,,, „., v.-J,, ,,� � 1,, -4 c, s RESO UTION OF THE CITY COUNCIL kESI3� NO. 1 3. An as-built grading plan showing confo 1 ance with the approved plan shall be submitted prior to the final inspection of tie site grading. Final grading must be approved prior to the release of escrow mo ies. 4. Authorities granted by this resolution with the property not with the applicants, but are permissive only and ust be exercised by completing the project within one year of the date of Co cil approval, or the conditional use peiuiit will expire on that date (November 1, 2010). 5. Violation of or non-compliance with an 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. 6. The undersigned Owner has read, underst. d and hereby agree to the terms of this resolution and on behalf of the Owners .1 d the Owner's heirs, successors and assigns, hereby agrees to the recording of t ,is resolution in the chain of title of the property. Adopted by the Orono City Council on the 9th day of November, 2009. ATTEST: 1 r1, 1 Linda S. Vee, City Clerk iirmes M. White, Mayor �� Pr ert ner(s) Page 3 of 4 O • cO CITY of ORONO 42- RESOLUTION OF THE CITY COUNCIL �`gkESflo�� NO. , 0 n STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this // day of 1UOV?141 009 by Mf9VIIGE kl tWEie-- the /1417 ttMft J' of Wagener Properties LLC, a Minnesota Limited Liability Company. ry otary Pu c Amy E Chaput t ; Notary Public Mfnneso r vi - My Comm Exp 0113112012 Page 4 of 4 • • ZONING FILE NO. 09-3431 EXHIBIT A RESOLUTION NO. '� ? 3 That port of Government Lot 1, Section 9, Township 117, Range 23 West of the 5th Principal Meridian described as commencing at a point in the West line of said Government lot distant 1160.8 feet North from the Southwest corner of said Government ny lot; thence East parallel with the South line of said Government lot a distance of 442.93 feet, passing through a judicial landmark set pursuant to Torrens Case No. 11475; thence South parallel with the West line of said Government lot a distance of 102.5 feet; thence East parallel with the South line of said, Government lot a distance of 211.0 feet, more or less, to the shore of Lake Minnetonka to the actual point of beginning of the land being described; thence West along the last described line to a point distant 442.93 feet East of • the West line of said Government lot and 1058.3 feet North of the South line of said Government lot; thence North a distance of 102.5 feet to the North line of the South 1160.8 feet of said Government lot; thence, West on the North line of the South 1160.8 feet of said Government lot a distance of 197.93 feet (or to a point 245.0 feet East of the West line of said Government lot); thence South parallel with the West line of said Government lot a distance of 175 feet; thence Southeasterly deflecting to the left 78 degrees 00 minutes, a distance of 330 feet, more or less, to the shore of Lake Minnetonka; thence Northeasterly along the shore of said lake a distance of 180 feet, J more or less, to the point of beginning. • • STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 9, 2009, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 16th day of November , 2009. • City Clerk .(seal) • • Exhibit B SEbNELb-296:XVd LP1NELb-226,3NOHd "'"' _QiN,i 9SESS NV2`3N11 DNO1 3A£10 MO1 IM'N;VP ecim 6 SH3NNVld ONVI'SNOA3ANf1S ONVi'SN33Nt'JN3 IIAIO I n d�❑ ..s.�.,.....®. ... (') /� �•SNtlois ♦B 31V0 •ONI`S31V130SSV 1S 01:138NOa�J� .s 5401.in3a 3 1 °F' !£ 11 t� isI Ii £si '` £\ ! {! ,It1. !ti m \ O . � F g \ •/%� Ia J [ 1f W \\ . 111 sue'((// 1 tt1F; _ 0 a W • �\\ \\ \ �?i •�I ..- N} y \\ �• \ a L \, \ --m°. i9 ss= E Lc, 1 \�\ as4 e$ ° sa5 "a°gs E€ a@e 0 • a • N • @ 3 \ • ¢wZr w Ps \ \\ 0 O Z % /q €:eu�t \\ • \ CZ p �ZIL —1 / :La \\ / s l$ // a: C IT W '— 0 / __ _ USL0,MAO.,m.om / �—_--1 \\. i:� 3<o 8 L.. \ r_ .` \gin \ \ \ 0 j.7 F.uj is o ®� // A 3A/A. ■ L ._ \\ .. 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Ia �9esc�-�„ s-e` s`'$a_ a@ !fie i$ 1f ¢ ! 9i E e- ll-litga € 111 p lEal!a ILI _b "�sa a�:<< ss3S-1 $�as � $ i1i1ih1ILIiI on a i � tff � -Wg < = - ri; a i@ a i a @": 1 }a 6 + e do RUN DATE: 7/10/2013 HENNEPIN CO PROPERTY INFORMATION SYSTEM(PROPERTY ORS LIST) PC Exhibit G 38 08-117-23 41 0001 38 08-117-23 44 0006 38 08-117-23 44 0010 BARBARAANN HALPER CATHERINE M SALLAS H L SWEATT&V E SWEATT TRES 3200 NORTH SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA BARBARA ANN HALPER CATHERINE M SALLAS HENRY&VIRGINIA SWEATT 3200 NORTH SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0008 38 09-117-23 32 0009 38 09-117-23 32 0010 M S WALLACE&D D WALLACE J M HEIDORN&J L HEIDORN MICHAEL&NATALIE J N JONES 3160 NORTH SHORE DR 3180 NORTH SHORE DR 3186 NORTH SHORE DR MICHAEL S&DONNA D WALLACE JON&JANENE HEIDORN MICHAEL&NATELE J N JONES 3160 NORTH SHORE DR 3180 NORTH SHORE DR 3186 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0011 38 09-117-23 32 0012 38 09-117-23 32 0013 J A&D L ROSATI C A&A C TRAPANESE ELIZABETH P VOGT 3188 NORTH SHORE DR 3190 NORTH SHORE DR 3115 NORTH SHORE DR JAMES A&DEBRA L ROSATI CHERYL&ALBERT TRAPANESE ELIZABETH P VOGT 3188 NORTH SHORE DR 480 DEBORAH DR 3115 NORTH SHORE DR WAYZATA MN 55391 ORONO MN 55359 WAYZATA MN 55391 38 09-117-23 32 0018 38 09-117-23 33 0001 38 09-117-23 33 0002 KELLY J MARX/MELODEE S MARX J L&P MANDEL WAGENER PROPERTIES LLC 3135 NORTH SHORE DR 3155 NORTH SHORE DR 3165 NORTH SHORE DR KELLY J&MELODEE S MARX J L MANDEL&P MANDEL WAGENER PROPERTIES LLC 1 WEBSTER PL 3155 NORTH SHORE DR 12520 WAYZATA BLVD HOPKINS MN 55305 WAYZATA MN 55391 MINNETONKA MN 55305 38 09-117-23 33 0003 38 09-117-23 33 0004 38 09-117-23 33 0005 MAURICE J WEGENER TRUSTEE HOWARD R ALTON III DAVID M LEAVENWORTH 1420 BOHNS POINT RD 1480 BOHNS POINT RD 1500 BOHNS POINT RD MAURICE J WAGENER HOWARD R ALTON III DAVID M LEAVENWORTH 1420 BOHNS POINT RD 1480 BOHNS POINT RD 1500 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 33 0009 38 09-117-23 33 0013 38 09-117-23 33 0015 M&C RUSSIN ZACHARY J PARISE RYAN STEWART&LARA STEWART 1 3175 NORTH SHORE DR 3145 NORTH SHORE DR 1406 BOHNS POINT RD MICHAEL&CATHERINE RUSSIN ZACHARY J PARISE RYAN STEWART&LARA STEWART 3175 NORTH SHORE DR 3145 NORTH SHORE DR 1406 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 33 0016 J R&C M AANESTAD _ - 3185 NORTH SHORE DR - JONATHAN/CATHERINE AANESTAD JUL Z013 3185 NORTH SHORE DR WAYZATA MN 55391 CITY OF ORONO I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRES TION OF INFORMATION AS IT APPE `S THIS DATE ON THE RECO S OF THE HENNEPIN COUNTY T AYER SERVICES DEPARTMENT. DATE: 1© J \� BY: k �,.._ 1 • . PC Exhibit H NHennepin County Mailing Label Map Provided By: Taxpayer Services Department 08-117-23-41 , +� 'i 09-117-23-3 2 4 l® I. e rid , : ITf 4' ' iz, rti .11 , � ' I rt 12O ,i if �„,.--'-, ., _- k 1,, I t 211 101 ,.,.-'" ''' s 6 t7i i i#1 43) g -----4. 08-117-23-44 i- _ w±a _z._.___- ___' 09-1 -23-33 0, V -------// ir al=1 For more information contact: Print Date: 7/10/2013 Legend: Hennepin County GIS Division g 300 South 6th Street Map Scale: 1" = 254' Minneapolis,MN 55487 Buffer Size: 350 feet gis.info®co.hennepin.mn.us Water =— Major Roads Par lc Minor Roads Map Comments: Parcel ri 3165 NORTH SHORE DR Buffer Region \/ ORONO, MN 55391 Selected Parcels ir PID#09-117-23-33-0002 ; is:-44 'riff Mil HENNEPIN JUL 77z013 # 3 6 2 it CITY OF ORONO 7/10/2013 Council MINUTES OF THE Exhibit D ORONO PLANNING COMMISSION MEETING Monday,August 19'2013 6:30 o'clock p.m. 8 #13-3624 PETER JOHNSON ON BEHALF OF WAGENER PROPERTIES,LLC,3165 NORTH SHORE DRIVE,CONDITIONAL USE PERM T,8:45 P.M.—8:52 P.M. Breanne Glesener, Attorney-at-Law, was present on behalf o Peter Johnson. Curtis stated the applicant is requesting a conditional use permit to conduct land alterations in excess of 500 cubic yards in order to restore the property and resulting in grades consistent with the lakeshore yard of the adjacent property at 1420 Bohns Point Road. The property contained a house until 2006 when it was dem fished in preparation for new construction. A new home was never built and the current applicant purch sed the vacant lot as it is adjacent to his home. In 2009,the City granted a conditional use permit for fill to restore the property and blend it into the existing grades of the adjacent lot. The applicant chose t to proceed at that time and the approvals expired. The current proposal is only moderately different than what as approved in 2009. The applicant is requesting conditional use permit approval to import approxi ately 2,200 cubic yards in order to restore the grade. A portion of the material is already on or near the site. Administrative permits were issued to allow the applicant to bring in 500 cubic yards of fill to each of the properties in order to take advantage of the trail near the home that is currently under construction, A new home is not proposed at this time and the applicant is proposing to remove a portion of the existing blacktop driveway. Curtis stated Staff's report outlines the CUP analysis and the Planning Commission can either walk through the CUP criteria or request that specific issues be ad essed. Staff recommends approval of the application subject to the continued oversight of the project y the City Engineer. McGrann asked if the property has looked pretty much the same since the home was demolished. Curtis indicated it has " Breanna Glesener stated she is here on behalf of Peter Johns n and that she has nothing to add to Staff's report. Acting Chair Landgraver opened the public hearing at 8: 9 p. . There were no comments regarding this application. Acting Chair Landgraver closed the public hearing at 8:49 p.m. Schoenzeit commented the City Engineer's report pretty completely covers the work that needs to be followed in order to bring in that much fill. Thiesse asked whether the garage was also removed. Curtis stated the survey shows the garage still exists. Page 1 of 8 • • MINUTES OF I ORONO PLANNING COMMI'SION MEETING Monday,August 1' 2013 6:30 o'clock p. 1. Thiesse stated when he visited the property,the foundation as still there but the actual garage structure has been removed. Thiesse asked if they are not going to co struct a permanent residence on that property whether they can construct another garage since the foundation still remains. Gaffron stated it is something the City Attorney should look t __ garb foundation shows up on the current survey,the City does not have the ability to require t e of an existing structure on a lakeshore lot without potentially compensating the property i wne it. Landgraver asked if the intent is to remove the foundation 0 i the g Glesener stated the garage foundation will be removed. Schoenzeit moved,McGrann seconded,to recommend approval of Application"` 3-3624,Peter Johnson on behalf of Wagener Properties,LLC,3165 North Shore Drive,subject to Staff and City Engineer's recommendations. VOTE: Ayes 6,Nays 0. i 9. #13-3625 PETER JOHNN ON BEHAI , JM PROPERTIES,LLC,2605 WAYZATA BOULEVARD,COMMERCIAL REVIEW,8:52 P.M.—8:55 P.M. ' x r Breanne Glesener,Attorney-at-Law,was present. '' �`' Gaffron stated the applicant is requesting renewal and a ininir revision of approv s granted in May of 2006 via Resolution,No. 5470 which amended the existing industrial Sita rr`approval as follows: 1. Allowed.4 25,620 square foot one-story addition to the principal structure. 2. Alloyed a 250 square foot addition to connect the e .isting accessory buildings; 3. , a. bed revisions to approved parking layout; and 4. ' 4. roved revised conditions placed on the outside s orage and display of vehicles. Resolution F0'" No. 5470 also denied a conditional use permit for fl._soles exceeding 40 feet in height. 2 Gaffron noted the applicant never went forward with the wo I at that time and requested a number of renewals over the years. Since the most recent approval has apsed,this application is.technically a new review process rather than a renewal. The only element oft -..approvals that has changed asi p`r••: -• Q increase in height of the proposed addition from 2 .eetTO 2' feet. The approvals in 2006 also allowed for an expansion of the parking area directlysouth of the pro s osed addition pursuant to stormwater syster, upgrades which have been corrrpleted. The parking . ea is currently graveled and finish ? •ing and/Saving are the contemplated final improvements yet to b- completed. tall recommends approval f the commercial site plan and 1 onditional use pe ' revisions as proposed, subject to the findings and conditions of prior approvals as -11 as approv• if the increased height of the 26,000 square Riot addition from 20 feet to 25 feet. legener indicated she does not have anything to add to Staf i s eport. Acting Chair Landgraver opened the public hearing at 8:55 ,. . Page 2 of 8 I • 4110 NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway ZONING FILE: 13-3624 PO Box 66 Crystal Bay, MN 55323 952.249.4620 DATE OF NOTICE: 20 August 2013 TO: Wagener Properties, LLC COPIES: Peter Johnson via email 1420 Bohns Point Road Wayzata, MN 55391 TYPE OF REQUEST: CUP DATE OF MEETING: August 19, 2013 The Orono Planning Commission voted on a motion to recommend approval of the CUP conditioned upon conformance with the City Engineer's recommendatiobs. VOTE: 6 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday,August 26,2013 This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Planning&Zoning Coordinator, Melanie Curtis at mcurtis i.orono.mn.us or 952.249.4627. • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 19 2013 6:30 o'clock p.m. Schwing commented the developer has no control over the market. Landgraver state t this point the Planning Commission should decide whether a Conservat Design Plan should be under en. 1� ).r Schoenzeit stated given the a unt of public comment, the Planning Commission should request a Conservation Design Plan. `y Schoenzeit moved,Thiesse seconded;to recommend approval of Application #13-3622,Todd Holmers, 1645 Shadywood Road, prelintiliary plat approval,subj,ceto the completion of a Conservation Design Plan,subject to the applicant submitting the requested information outlined in Staffs report,and subject to the conditions'of the City Engdieer and Staff. Thiesse stated he has a hard time requiring this applicantvdoomething that the other neighbors are not required to perform. Schoenzeit amended his motion,Thiesse secont d,to recomind approval of Application#13- 3622, Todd Holmers, 1645 Shadywood Roa i'preliminary plat approval,subject to the completion of a Conservation Design Plan,subject toe applicant submittin4he requested information outlined in Staffs report,subject to to conditions of the City Enginr and Staff, and with the recommendation that removal of tltibuckthorn will not be required. Kriesler stated she has a real cq cern that only one house will be developed on t property rather than additional houses being con tcucted later. Gaffron noted the pro "rty on Maple Place existed as separate 50-foot lots, and due to a 'on taken by the state legislature,th ` ity did not have the ability to require those lots be combined. In this .tuation a subdivision is a� 'ore rigorous process and the developer only has approximately 1.88 acres. order to create three tots, the developer would need to construct a City-standard road to serve those lots. nce three or more homes are being served by a shared access, it requires a 50-foot wide corridor, whic would basic .: make it impossible to create three lots. ,AOTE ON THE ABOVE AMENDED MOTION: Ayes f,Nays 0. 8 #13-3624 PETER JOHNSON ON BEHALF OF WAGENER PROPERTIES,LLC,3165 NORTH SHORE DRIVE, CONDITIONAL USE PERMIT, 8:45 P.M.—8:52 P.M. Breanne Glesener, Attorney-at-Law, was present on behalf 9f Peter Johnson. Curtis stated the applicant is requesting a conditional use permit to conduct land alterations in excess of 500 cubic yards in order to restore the property and resulting in grades consistent with the lakeshore yard of the adjacent property at 1420 Bohns Point Road. The property contained a house until 2006 when it was demolished in preparation for new construction. A new home was never built and the current applicant purchased the vacant lot as it is adjacent to his home. In 2009, the City granted a conditional use permit for fill to restore the property and blend it into Page 20 of 28 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 19 2013 6:30 o'clock p.m. the existing grades of the adjacent lot. The applicant chose not to proceed at that time and the approvals expired. The current proposal is only moderately different than what was approved in 2009. The applicant is requesting conditional use permit approval to import approximately 2,200 cubic yards in order to restore the grade. A portion of the material is already on or near the site. Administrative permits were issued to allow the applicant to bring in 500 cubic yards of fill to each of the properties in order to take advantage of the trail near the home that is currently under construction. A new home is not proposed at this time and the applicant is proposing to remove a portion of the existing blacktop driveway. Curtis stated Staff's report outlines the CUP analysis and the Planning Commission can either walk through the CUP criteria or request that specific issues be addressed. Staff recommends approval of the application subject to the continued oversight of the project by the City Engineer. McGrann asked if the property has looked pretty much the same since the home was demolished. Curtis indicated it has. Breanna Glesener stated she is here on behalf of Peter Johnson and that she has nothing to add to Staff's report. Acting Chair Landgraver opened the public hearing at 8: 9 p.m. There were no comments regarding this application. Acting Chair Landgraver closed the public hearing at 8:49 p.m. Schoenzeit commented the City Engineer's report pretty completely covers the work that needs to be followed in order to bring in that much fill. Thiesse asked whether the garage was also removed. Curtis stated the survey shows the garage still exists. Thiesse stated when he visited the property, the foundation was still there but the actual garage structure has been removed. Thiesse asked if they are not going to construct a permanent residence on that property whether they can construct another garage since the foundation still remains. Gaffron stated it is something the City Attorney should look at. If the garage foundation shows up on the current survey,the City does not have the ability to require the removal of an existing structure on a lakeshore lot without potentially compensating the property owner for it. Landgraver asked if the intent is to remove the foundation of the garage. Glesener stated the garage foundation will be removed. Schoenzeit moved,McGrann seconded,to recommend approval of Application #13-3624,Peter Johnson on behalf of Wagener Properties,LLC,3165 North Shore Drive,subject to Staff and City Engineer's recommendations. VOTE: Ayes 6,Nays 0. Page 21 of 28 • • Subject: #13-3624, Peter Johnson on behalf of Wagener Properties, LLC 3165 North Shore Drive • Conditional Use Permit-Grading • Public Hearing 1 The former home on this property was demolished in 2006 in preparation for new construction. A new home was never built & the current applicant purchased the vacant lot. In 2009, the City granted a conditional use permit for fill to restore the property and blend it into the existing grades of the owner's adjacent residence lot. The applicant chose not to proceed at that time and the approvals expired. The current proposal is only moderately different than what was approved in 2009. The applicant is requesting CUO approval to import approximately 2,267 cubic yards of fill in order to restore the grade of the property. A portion of the fill material is already on or near the site. Administrative permits were issued to allow the applicant to bring in 500 cubic yards of fill to each of his properties in order to take advantage of material from a nearby home under construction. A new residence is not proposed at this time and the property owner proposes to remove++ a portion of the existing blacktop driveway. Staff Recomme tmn/ 031 Planning staff recommends approva7gf the conditional use permit.(,,( t{'� GUP'LVL-i- 6V`e-1 S l o(.-9-- je --1-740,44-46) 10474- calla( c14)-(wed 4A' (artit_04e. ' i +14--t- L� � � 01- • 1111 K ,�o/N _TON BOI NAN , I NC® 0 �Z Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200•Chaska, MN 55318-1172 Phone(952)448-8838•Fax(952)448-8805 www.bolton menk.com August 5, 2013 City of Orono Attn: Melanie Curtis PO Box 66 Orono,MN 55323 RE: Conditional Use Permit Application 13-3624 3165 North Shore Drive Engineering Review#1 Dear Melanie: As requested,we have completed an engineering review of the Erosion and Sediment Control Plan and Certificate of Survey prepared by Gronberg&Associates,dat:d 7/30/13,and submitted for the above referenced project. We offer the following observations,co ents, and recommendations for your consideration: 1. The Applicant proposes to move more than 500 cy of m terial within the Shoreland Overlay District. Therefore,Conditional Use Permit approval by the City ouncil is required in addition to the staff- issued Land Alteration Permit. Also,since the Applica proposes to achieve proposed grades by importing fill,the City should consider the following: a. The City Engineer should be allowed to inspect any I ill being imported to the site prior to it being placed. b. The Applicant should confirm with the City Engine:r acceptable hours of truck hauling and provide documentation on the haul route to be used. Acceptable hours and haul route should be approved prior to the importing of any fill. c. The City Engineer should inspect roadways on haul i oute prior to and following completion of work to determine whether adverse impacts have oc urred.The applicant should be responsible for the repair to roadways for any adverse impacts. 2. Grading,filling,and excavating of less than 10 cy is pro•osed within 75 feet of the ordinary high water level of Lake Minnetonka,which requires staff review . d approval. A boulder wall is being removed in this area;therefore,a minimum amount of grading is equired to accommodate the grade change. The grading proposed in the 75' zone will not adversely affect adjacent or nearby property. 3. The proposed grading in the northeast corner of the site s oes not appear to match what is intended. The 936 contour does not connect with the edge of the s to and a depression is shown in the northeast corner. The grading should be revised to depict the swa e continuing along the north and east property line,flowing continuously to the 934 contour. 4. For areas where a 50 foot natural buffer to the ordinary p igh water level cannot be maintained,a double row of siltfence should be installed to ensure ad-•uate erosion and sediment control protection for Lake Minnetonka. The perimeter siltfence should b: inspected by the City prior to any land altering activities. 5. The proposed swale along the north property line will c•ncentrate runoff flow. Therefore,erosion control blanket and/or biologs should be installed in this area after grading is complete to provide adequate protection against erosion and transport of sed't ent until permanent vegetation is established. • ,, Conditional Use Permit Application 13-3624 m\ x 3165 North Shore Drive / Page 2 6. Tree protection fencing should be installed at the outsid=edge of the drip zone for trees to be saved, and the fencing should be inspected by the City prior to ny land altering activities. 7. Since this project will disturb the majority of the lot and I's located directly adjacent to Lake Minnetonka,it is recommended that a financial security .f$5,000 for erosion control and engineering oversight be required of the Applicant. The financial security is intended to provide protection in the event that it becomes necessary for the City to install or aintain erosion and sediment control within the project area and covers the cost of turf re-establishm nt if the applicant is unable to follow through with the conditions of approval. 8. The applicant will be required to obtain Minnehaha Creak Watershed District(MCWD)approval and permitting for their Erosion Control Rule. A copy of the approved permit should be submitted prior to any land altering activities. Please let me know if you have any questions or need addition:1 information. Sincerely, BOLTON & MENK, INC. ikstAtg 6-4 Robert E. Bean, Jr., P.E. Water Resources Engineer # # CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#13-3624 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 9th day of August, 2013. VMo ica A. Fadness • • CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, August 19, 2013, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 13-3615 James Anderst, 3384 & 3386 Shoreline Drive (PINS 17-117-23-44-0100), B-1 Retail Sales Business zoning district, requests a conditional use permit for approval of a Class II restaurant including an outdoor dining area. 13-3616 City of Orono proposes amendments to Orono Zoning Code Chapter 78 regarding provisions and standards for alternative energy systems. 13-3617 William & Cynthia Bowman, 450 Willow Drive South, RR-1B zoning district, request a side setback variance to allow construction of a rear deck 25 feet from the south side lot line where a 30 foot setback is required. 13-3618 Edward & Julie Lagerstrom, 2248 Shadywood Road, LR-1C zoning district, request a rear yard setback variance to allow a 20.6 foot setback from the rear lot line where a 30 foot setback is required and 1.3 foot setback currently exists; and hardcover variances to allow 27.3% hardcover where 22.1% currently exists and 25% is normally allowed for a Tier 1 property in conjunction with construction of a replacement detached garage and parking area. 13-3619 Paul & Jessica Warner, 1380 Briar Street, RR-1B zoning district, request front, rear and side yard setback variances in order to construct additions to the existing home 9.5 feet from the front lot line where a 50 foot setback is required; 19 feet from the rear lot line where a 50 foot setback is required; and 14.4 feet from the south, side lot line where a 30 foot setback is required. 13-3620 Pine Corner Properties, LLC, 450 Old Crystal Bay Road North, Industrial zoning district, requests a parking variance for approval of 39 parking stalls where 101 parking stalls would normally be required based on the type, use and size of the existing building on the property. 13-3622 Todd Holmers representing Landsource, LLC, purchaser of 1645 Shadywood Road (PINS 17-117-23-22-0013), LR-1C zoning district, requests preliminary plat approval for a 2-lot residential subdivision to create a 0.5 acre lot for the existing residence and a 1.9 acre lot for construction of a new single-family residence on the remainder of the property. 13-3624 Peter Johnson on behalf of Wagener Properties, LLC, 3165 North Shore Drive, LR-1B zoning district, requests a conditional use permit for land alteration to allow placement of fill in excess of 500 cubic yards on the property. 13-3625 Peter Johnson on behalf of WJM Properties, LLC, 2605 Wayzata Boulevard West, Industrial zoning district, requests commercial site plan approval in order to construct a 26,000 square foot addition to the existing main building. . All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by August 13, 2013 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission V\k (artL Ctu4 /c Melanie Curtis Planning & Zoning Coordinator To be published in The Laker& The Pioneer Newspapers on August 3, 2013 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 7/10/2013 HENNEPIN C Y PROPERTY INFORMATION SYSTEM(PROPERTY OØ RS LIST) PAGE: I 38 08-117-23 41 0001 38 08-117-23 44 0006 08-117-23 44 0010 BARBARA ANN HALPER CATHERINE M SALLAS H L SWEATT&V E SWEATT TRES 3200 NORTH SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA BARBARA ANN HALPER CATHERINE M SALLAS HENRY&VIRGINIA SWEATT 3200 NORTH SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0008 38 09-117-23 32 0009 38 09-117-23 32 0010 M S WALLACE&D D WALLACE J M HEIDORN&J L HEIDORN MICHAEL&NATALIE J N JONES 3160 NORTH SHORE DR 3180 NORTH SHORE DR 3186 NORTH SHORE DR MICHAEL S&DONNA D WALLACE JON&JANENE HEIDORN MICHAEL&NATELE J N JONES 3160 NORTH SHORE DR 3180 NORTH SHORE DR 3186 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0011 38 09-117-23 32 0012 38 09-117-23 32 0013 J A&D L ROSATI C A&A C TRAPANESE ELIZABETH P VOGT 3188 NORTH SHORE DR 3190 NORTH SHORE DR 3115 NORTH SHORE DR JAMES A&DEBRA L ROSATI CHERYL&ALBERT TRAPANESE ELIZABETH P VOGT 3188 NORTH SHORE DR 480 DEBORAH DR 3115 NORTH SHORE DR WAYZATA MN 55391 ORONO MN 55359 WAYZATA MN 55391 38 09-117-23 32 0018 38 09-117-23 33 0001 38 09-117-23 33 0002 KELLY J MARX/MELODEE S MARX - - J L&P MANDEL WAGENER PROPERTIES LLC 3135 NORTH SHORE DR 3155 NORTH SHORE DR 3165 NORTH SHORE DR KELLY J&MELODEE S MARX J L MANDEL&P MANDEL WAGENER PROPERTIES LLC 1 WEBSTER PL 3155 NORTH SHORE DR 12520 WAYZATA BLVD HOPKINS MN 55305 WAYZATA MN 55391 MINNETONKA MN 55305 38 09-117-23 33 0003 38 09-117-23 33 0004 38 09-117-23 33 0005 MAURICE J WEGENER TRUSTEE HOWARD R ALTON III DAVID M LEAVENWORTH 1420 BOHNS POINT RD 1480 BOHNS POINT RD 1500 BOHNS POINT RD MAURICE J WAGENER HOWARD R ALTON III DAVID M LEAVENWORTH 1420 BOHNS POINT RD 1480 BOHNS POINT RD 1500 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 33 0009 38 09-117-23 33 0013 38 09-117-23 33 0015 M&C RUSSIN ZACHARY J PARISE RYAN STEWART&LARA STEWART 3175 NORTH SHORE DR 3145 NORTH SHORE DR 1406 BOHNS POINT RD MICHAEL&CATHERINE RUSSIN ZACHARY J PARISE RYAN STEWART&LARA STEWART 3175 NORTH SHORE DR 3145 NORTH SHORE DR 1406 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 33 0016 JR&CMAANESTAD _ 7 ' 3185 NORTH SHORE DR JONATHAN/CATHERINEAANESTAD �� 11 �013 3185 NORTH SHORE DR WAYZATA MN 55391 ' cr y OF ORONO I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRES TION OF INFORMATION AS IT APPE S THIS DATE ON THE RE O S OF THE HENNEPIN COUNTY T AYER SERVICES DEPARTMENT. DATE:- \O j \Zi BY: 10 110 Affidavit of Publication State of Minnesota, County of Hennenpin. Keith P. Anderson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A'.07, and other applicable laws, as tig amended. ill � oo �s 4`0' Q c �, �' a, .y a E Co C/ 5yB )Theprinted (' 1�� C�//J7c ° U m - = m m n ao a oE m eo 'cc > _ o o m c o a r, c N ii E ! 'H c � amm omin.O .= = oLm y m E a' J y N E " 'O N. p,y-Q y O 1.0 U ~ C which is attached was cut from the columns of said 3 a a a n a y a .. = o, 3 5 -0 .E- a a 5. = m . 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Each additional successive week:$5.40. Affidavit of Publication • State of Minnesota, County of Carver. Keith P. Anderson, being duly sworn, on oath says that he is an authorized agent and employee of the • publisher of the newspaper known as THE PIO- NEER, Long Lake, Minnesota, and has full knowl- edge of the facts which are stated below: A.)The newspaper has complied with all the require • - ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 33lA.07, and other applicable laws, as amended. • B.)The printed �f ` r o a 1I (1, 2 = 20 _ f y N Z L t�C i Cc. ~ t0 N , y 00n. iLI.Z..-4 .0 ./ Lr. J `, O N 8O • - - p00 'D 8. d • L U 8 E ' ` R N c N m C O C N 0 o. lO y N d 7, 01 E c _ mE o w =, a a`o 0 - 0 a� cmr ''i c, voi. `o Y which is attached was cut from the columns of said ,22 _ a = coo 2 o = o o . m a y E N , a a - g ._ . mow o.oa c 2 - gym oe 2c,, E of m a newspaper, and was,.printed and published once 7,2 N c g Y = o = . N E ti Q C d = m = O N J N N E ._ c cC N Q O . U y 0 O C N q each week for — successive weeks: a o 0 P .. ' = = v 3 g b o a 0a a n, ciS C C N J.O• ?r. >.. N C N `..H y O p,L O 2 r O 02 , N Ot L R cD - O M a y E y N N N L N O` d - y. O D_ E y y It was first published Saturday, m g m 2 '2 61 a _ E _ °' •`° " a o 2 0 . . 5 o mom a a. � 8U aA - 0 87, Ya C) m 2a > a`o I'll a. R c ciHui Ln c ,.• d y aaoc _.othe 3 day of 2013 SE '* o X z' :N ;c o -aoEmc CJ is c d m J `r- �' ? m and was thereafter print and published every c a o y F E M L = - g = y 3 E L M c 7 "= Saturday,to and including Saturday, - > o s o a N cncz, - w s g = L"' Vj= LV• ' N R U-U = o N O E a N C g 0 ,0 N fD N O. g Y -O ,may O.Y X o N a m C ! -g '-' O N et,. y E C e T N y O O the day of t-/�G /j 2013 ; - °� a w o y y ° s z ° 2 2 m o N - N . 2 o e /] ¢ o s -o N x O a m a-o m `0 w iu m o .. o. E m c ▪ co tJ// -o-o 21 v°'i E g m 8.. g c N a t o • 3 d'. `o;c 3 o..o ai Y o. • " �. J O >. g- w U T r.U . g O 7 '� N - c0 U , Q O7 N. , = -▪ ..(V t0 Jj I. i� Y O ` t0. ` Oi 0] p y w a C .O N m N M O O. .O D_ C [0 N O O U R D- y 0 iA C y d. R L O� O U z J /! .2 ./ a2 d .r0 M a 2 U .2: 0 m O O U 05 . 0 r e• O ,„ , C ~HUD : J Z• .eg NN. i N c-.. > p, O ;O O - C C7 U ,a O` Yd .0 Nw dO M OC c0asm Authorized Agent ac ao m i o L -moo o co M ...c E r` m v o ▪ a N L -c o f o, m c+5 0 a c E +o o c �-' t° E N X �, � 0 2 C. = '3 N N C a N -0 0 _ N E m 2 o � 3 roi 30. v ,- `5 f m a E m m o o` Subscribed and sworn to me on this ca U Z _ y • N a 9 m i. o day of -� , 2013 oC mNN J E O` , 'C O • n c a0 O mC CmY N 7,1 .738 . uN.J CV U a m 3 c d.fn 8 (- Oo O -- y.N U 2h a a.L cm Y m v�1 LL jflft QOy L N yd rC X O OAa E O '6f L 2 V 2N 0 .O OY ~ rm > a U O om '� o a,;2 cmo = cm ri O - o :oNotaryPublic I N o � s � M " � u y m a o, m- o o ` C 0 C ch o = 0 M • ., ��:e a4ivA`V �1W'wVWWgY 1L- n a ¢ s.. M m o.a .E cn E .°,- `+� 3 �, o y y cn ryi NORMA R.CARSTENSEN T NOTARY PUd61C'MINNESOTA � 4 „�. My Comm.bp.Am.al,2014 Rate Information (1)Lowest classified rate paid by commercial users for com- parable space:$15.50 per inch. (2)Maximum rate allowed by law for above matter: $15.50. (3)Rate actually charged for above matter: $7.80 per inch. Each additional successive week:$5.40. • • MEMORANDUM DATE: 29 July 2013 TO: Dave Martini, Consulting City Engineer FROM: Melanie Curtis, Planning & Zoning Coordinator RE: Zoning File # 13-3624 for 3165 North Shore Drive Please review +he enclosed inforrna+ion for a condi+ional use perrni+ for filling ac+ivi+ies in excess of 500 cubic yards on a residen+ial Lakeshore proper+y. z have a++ached +he ci+y Code sethions regarding CUP review and land al+era+ions in +he shoreland for your use. Please provide cornrnen+s by Tuesday, Au9us+ to+" for +he Augus+ Iq+" Planning Commission rnee+ing. Please le+ me or Chris+ine know if you need addi+ional inforrna+ion or if you have any cues+ions on +he a++ached inforrna+ion. 'Reminder, I. will be ou+ of +he office un+il Monday, Augus+ 5+" Thank you., \WV cave I zvUu G �ff W1 1 C • • Sec. 78-916. -Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10)Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; (13)Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14)All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. (b) A conditional use permit may be granted subject to such conditions as the council may prescribe. (c) A conditional use permit shall remain in effect as long as the conditions imposed by the city council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. (d) A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included. • • (Code 1984, § 10.09(6); Ord. No. 77 3rd series, § 1, 7-12-2010) Sec. 78-1286. -Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. (c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: (1) For movement of one through 500 cubic yards of material anywhere within the Shoreland Overlay District, a staff-issued land alteration permit shall be required. (2) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. (e) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 1, 2, 3, 4, 5, El, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; c. Fish and wildlife habitat; « t • d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other sections of city ordinances or by other local state or federal agencies including but not limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. (6) Fill or excavated material must not be placed in a manner that creates an unstable slope. (7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. (8) Fill or excavated material must not be placed ih bluff impact zones. (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the department of natural resources under Minn. Stat. § 103G.245. (10)Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property. (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969 (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinary high water level are subject to approval of the department of natural resources and other agencies with concurrent jurisdiction. (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11- 1994; Ord. No. 163 2nd series, § 3, 12-8-1997; Orel. No. 171 2nd series, § 2, 4-4-1998; Ord. No. 28 3rd series, § 17, 8-22-2005) • • MEMORANDUM awa DATE: 29 July 2013 petVt— 7 13 TO: Dave Martini, Consulting City Engineer FROM: Melanie Curtis, Planning & Zoning Coordinator RE: Zoning File # 13-3624 for 3165 North Shore Drive Please review +he enclosed info r rna+ion for a condi+ional use permi+ for filling ac+ivi+ies in excess of 500 cubic yards on a residen+ial Lakeshore proper+y. have a++ached +he ci+y Code sec+ions regarding CUP review and kind al+era+ions in +he shoreland for your use. Please provide cornrnen+s by Tuesday, Augus+ tfith for +he Augus+ Iq+" Planning Commission rnee+ing. Please le+ me or Chris+ine know if you need addi+ional inforrna+ion or if you have any Sues+ions on +he a++ached inforrna+ion. -Reminder, s will be ou+ of +he office un+il Monday, Augus+ 5+11 Thank you., • • Sec. 78-916. -Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10)Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11)Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14)All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. (b) A conditional use permit may be granted subject to such conditions as the council may prescribe. (c) A conditional use permit shall remain in effect as long as the conditions imposed by the city council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. (d) A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included. • • • (Code 1984, § 10.09(6); Ord. No. 77 3rd series, § 1, 7-12-2010) Sec. 78-1286. -Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. (c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: (1) Such improvements shall be designed to tale advantage of natural vegetation and topography to achieve maximum screening from view from public waters. (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: (1) For movement of one through 500 cubic yards of material anywhere within the Shoreland Overlay District, a staff-issued land alteration permit shall be required. (2) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. (e) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, Iconditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; c. Fish and wildlife habitat; • • d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other sections of city ordinances or by other local state or federal agencies including but not limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. (6) Fill or excavated material must not be placed in a manner that creates an unstable slope. (7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. (8) Fill or excavated material must not be placed in bluff impact zones. (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the department of natural resources under Minn. Stat. § 103G.245. (10)Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property. (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969 (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinary high water level are subject to approval of the department of natural resources and other agencies with concurrent jurisdiction. (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11- 1994; Ord. No. 163 2nd series, § 3, 12-8-1997; Or . No. 171 2nd series, § 2, 4-4-1998; Ord. No. 28 3rd series, § 17, 8-22-2005) • CO mm ' ... ' m aw4 3.ES1 �;a SammamoG)3am V a-ns�D G° q $ .g.6S�3 322,ex 3m n '0.y °,$it-nom* D$,m.• -w�> lall_s mg 1?Anm 1m8mg3a 34 E amm wo3mwm-a5-?.E 5-isg'- . 8` m ,y 3s3 E =.aaW>i33s 6 y oog m oaml- m w ;Eom / • S00`01'00'W 1160.80 gg q _'^ °1 m w^•< 2' `'o m^m c1 BOHNS POINT ROAD 'saga 8m v 2"' $ c �m= pp a ��w3^°i<a- ��FmgA'o'n 0C) __-__-__ �-__-__-__-__-__-__-__-� �__ - g'� - Qua- ag g {{p g/g! SQ 0a 2 go z2.4wamwo o 2f wag Q9 / ... �3 � 23 g- SS 3C o3 c oN 2sTao1a'-m° 1 .�iy . �`\ S'� E§ g '" d3. o Imo m°� •<?S pza <30��m w�m�0 %/ N� m°os.8gag� m 2 8-g 80 OP 9FE 1g m dam 3F—'31S ��nF8'a5 ° - °1, e y o'°3 b" $ wD3 3g ' 312n o- _ate 3'° -__5,b,g-• .:8 T. sg• g. 1 12 g 1 gg Q1 1m 122 - oN°7'oaagsoo�omg12, No 3 Ili 11 as oRN `:o m = ,p ^i'^z�° ma.u33o3 a al _ - g. i 3 a �& 8 $ » 0 8 :1! 13'� mmn°aOgl aii! iP € $ 4G Vo§,o < _3 £g. 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REMOVED CHECKED 13-317 445 N.WILLOW DRIVE LONG LAKE,MN 55356 DATE MON.LICENSE NUMBER f„EEs PHONE:952-473-4141 FAX:952-473-4435 • -szLOA7 ITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 y C� 2750 Kelley Parkway P.O. Box 66 Fax (952)249-4616 Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us 4kESHO� 22 July 2013 Wagener Properties, LLC 1420 Bohns Point Road Wayzata, MN 55391 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application#13-3624 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a conditional use permit for property located at 3165 North Shore Drive. Below is a list of items the City of Orono is requesting to complete our review: ✓ Three (3) original scaled copies of the certificate of survey, as well as a reduced (11'x17' or smaller), or digital copy indicating the following: o the average lakeshore setback line; o existing topographic contours and contours extending 50' past the property boundaries, and o Proposed stormwater drainage; o Proposed finished-grade contours. Application #13-3624 is incomplete. If you wish to proceed with your application please submit the items requested above by Friday, July 25, 2013 in order to remain on the August 19, 2013 Planning Commission agenda. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us should you have any questions. Sincerely, City of Orono/ (/k/Z Ce tr*/ Melanie Curtis Planning&Zoning Coordinator c Peter Johnson via email • • City of Orono Land Use & Conditional Use Permit Application /� Street Address: Application# ii3 - 3 .93 6 Oron Kelley no,MN 536 y Date Received: 1-17'/Staff: Main: 952-249-4600 fax: 952-249-4616 Fee: '7e, OD yMailing Address: P.O.Box 66 Escrow# $ !�'1104 G. Crystal Bay,MN 55323-0066 Permit Fe `9kES H OC-t Notes: This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. Job Site Address: 31to S" NCr-H 5'ore DIi/ 1 ©1��CI mJv CONTRACTOR/APPLICANT INFORMATION: Name: (lea i PeofaciKke , Lt; C Phone: Fax: 9 5 -4-1 6- oo 0 `7 Address: Al(95 No4(n SIAAW-C, D6VR, City: Qw✓to ZIP: 55 S2') i Contact Person: 6 --E,{ rlot'A coin Contact's phone number ¶-5 a-415- /9 07 Email r{ejii e, re.}c2 t& ;oimm,coyt , Co"l Applicant is: Contractor omeowner (Circle One) PROPERTY OWNER INFORMATION: Name: (Sait/W2, O S GILLci/e, Phone(day): Mailing Address: , ZIP: Email and/or Fax Overall Project Description: L lik, A-Ire,1&r OV ,- It &T f'- �k I Vt 2XCSL,S 5 of- Soo co.-'1O 5 Check Box LAND USE APPLICATIONS . Application Fee Escrow Appeal of Administrative Decision $50 NA Commercial Site Plan Review $700* $10,000(minimum) Comprehensive Plan Amendment $700* $700 Easement I Right-of Way(ROW)Vacation,without Subdivision . $700* $700 PID(5 acre minimum per code) . $200/acre(minimum$1,000)* $10,000(minimum) PUD Rezoning(Hwy 12 Corridor Only)—Residential . $700+$40 per dwelling unit* $10,000(minimum) PUD Rezoning(Hwy 12 Corridor Only)—Commercial/Industrial $200/acre(minimum$875)* $10,000(minimum) RPUD or PRD,without Subdivision _ $50/dwelling(minimum$600) Zoning Amendments including Rezoning $700* $700 Check Box CONDITIONAL USE PERMIT(CUP) Application Fee Escrow After-the-Fact CUP Double Fee Amend Existing CUP $700* N/A Commercial/Industrial Use $700* $700 Duplex Credit(per building) $700* $700 J Grading and Filling-501 cu.yd.or more $700*+Permit Fee $700 Grading and filling—within 75'of OHWL(includes seawalls&retaining walls) $700*+Permit Fee $700 Grading and filling—wetland and floodplain $700*+Permit Fee $700 Guest House/Guest Apartment $700* $700 Institutional—Type: $700* $700 Renewal of CUP, IF no change to original plan $350 NA Residential Accessory Use—Type: $700* $700 JUL 1 / LI1I J *plus, Engineering&Legal Review Costs Packet Last Updated: 03/29/13 CITY OF ORONO 3 Page 12 of 29 S S REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Not Enclosed Applicable ❑ ❑ Escrow Agreement(signed) ❑ 0 Escrow(received) ❑ ❑ Pre-Application Form 12 ❑ Application Form ( ❑ Certified Property Owners List(350'), labels and map ❑ 0 Survey(meeting ALL requirements) ❑ 0 Proposed Plans ❑ ❑ Hardcover Calculation(s) ❑ ❑ Septic System Site Evaluation Report ❑ ❑ Wetland Delineation ❑ ❑ Wetland Buffer Evaluation ❑ 0 Buffer Improvement Plan ❑ ❑ ❑ ❑ APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Owner's Signature: L" `) L -f r Date: 7/1 r Owner's Signature: Date: c60.9e .e'v- P((len C / Applicant's Signature: Date: 1/i 7/ ► 3 Applicant's Signature Date: 1 U RECEIVED ,AUL 17 AM c 6 15161(.1:6 Packet Last Updated: 03/29/13 Page 13 of 29 # 362 4 • 0 DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. GOCLO.e,NeAr Prore)(4-)eS , L, First Middle Last qo p'ci1 Cam W . d o k!'t b OYl (56 o o Wow,mhu N vol . r S - 164 Address WI u4a, 1 )NJ 5531I qc L-41 c -/°o7 City State Zip Phone I understand my rights a stated above. c— ;hz,L)i ---.-- I Al", ?s, LJ tk el cAA-_-. A-Ort^-11-1A,,L Signat re RECEIVED JUL 17 2013 CITY OF OfROAlgs Packet Last Updated: 03/29/13 Page 14 of 29 # 3 6 2 it 1 RUN DATE: 7/10/2013 HENNEPIN C,Y PROPERTY INFORMATION SYSTEM(PROPERTY 0111RS LIST) PAGE: 1 38 08-117-23 41 0001 38 08-117-23 44 0006 38 08-117-23 44 0010 BARBARA ANN HALPER CATHERINE M SALLAS H L SWEATT&V E SWEATT TRES 3200 NORTH SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA BARBARAANN HALPER CATHERINE M SALLAS HENRY&VIRGINIA SWEATT 3200 NORTH SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0008 38 09-117-23 32 0009 38 09-117-23 32 0010 M S WALLACE&D D WALLACE J M HEIDORN&J L HEIDORN MICHAEL&NATALIE J N JONES 3160 NORTH SHORE DR 3180 NORTH SHORE DR 3186 NORTH SHORE DR MICHAEL S&DONNA D WALLACE JON&JANENE HEIDORN MICHAEL&NATELE J N JONES 3160 NORTH SHORE DR 3180 NORTH SHORE DR 3186 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0011 38 09-117-23 32 0012 38 09-117-23 32 0013 J A&D L ROSATI C A&A C TRAPANESE ELIZABETH P VOGT 3188 NORTH SHORE DR 3190 NORTH SHORE DR 3115 NORTH SHORE DR JAMES A&DEBRA L ROSATI CHERYL&ALBERT TRAPANESE ELIZABETH P VOGT 3188 NORTH SHORE DR 480 DEBORAH DR 3115 NORTH SHORE DR WAYZATA MN 55391 ORONO MN 55359 WAYZATA MN 55391 38 09-117-23 32 0018 38 09-117-23 33 0001 38 09-117-23 33 0002 KELLY J MARX/MELODEE S MARX J L&P MANDEL WAGENER PROPERTIES LLC 3135 NORTH SHORE DR 3155 NORTH SHORE DR 3165 NORTH SHORE DR KELLY J&MELODEE S MARX J L MANDEL&P MANDEL WAGENER PROPERTIES LLC 1 WEBSTER PL 3155 NORTH SHORE DR 12520 WAYZATA BLVD HOPKINS MN 55305 WAYZATA MN 55391 MINNETONKA MN 55305 38 09-117-23 33 0003 38 09-117-23 33 0004 38 09-117-23 33 0005 MAURICE J WEGENER TRUSTEE HOWARD R ALTON III DAVID M LEAVENWORTH 1420 BOHNS POINT RD 1480 BOHNS POINT RD 1500 BOHNS POINT RD MAURICE J WAGENER HOWARD RALTON III DAVID M LEAVENWORTH 1420 BOHNS POINT RD 1480 BOHNS POINT RD 1500 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 33 0009 38 09-117-23 33 0013 38 09-117-23 33 0015 M&C RUSSIN ZACHARY J PARISE RYAN STEWART&LARA STEWART 3175 NORTH SHORE DR 3145 NORTH SHORE DR 1406 BOHNS POINT RD MICHAEL&CATHERINE RUSSIN ZACHARY J PARISE RYAN STEWART&LARA STEWART 3175 NORTH SHORE DR 3145 NORTH SHORE DR 1406 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 33 0016 JR&CMAANESTAD p (� . RE`-' 3185 NORTH SHORE DR JONATHAN/CATHERINE AANESTAD JUL ,� Z013 3185 NORTH SHORE DR WAYZATA MN 55391 CITY OF ORONO I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRES TION OF INFORMATION AS IT APPE S THIS DATE ON THE RE 0 S OF THE HENNEPIN COUNTY T AYER SERVICES DEPARTMENT. DATE:7 7\0 ) V.; BY: 1c„... • 3 , 7 City of Orono kill r Land Use & Conditional Use Permit Application oStreet Address: Application# /6-- 3/p3 4 A TO Kelley Parkway l�/ Orono,MN 55356 Date Received: �'� \)111L- Staff : Main: 952-249-4600 ll fax: 952-249-4616 Fee: ��, Mailing Address: Escrow#&$ y P.O.Box 66 ��' F G� Crystal Bay,MN 55323-0066 Permit Fed `9kES H OL� Notes: This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. Job Site Address: 31yy U 5- N or-WA 5 Ao(e, t fc'e ) cYMo , MINI CONTRACTOR/APPLICANT INFORMATION: Name: `AI ate,r41 Prc S, IL - Phone: Fax: 9 5?, -41 b— OO 0 `7 Address: 3I 5 NOY(^ SVwY-e. DriV, City: OwY.o ZIP: 552 9 l Contact Person: ev�j-p„1 Jo�n�sp� Contact's phone number �5 a—415-- )9 07 Email �re,�efl v}-eAr W iolAtn, , coo.) Applicant is: Contractor Comeowner (Circle One) PROPERTY OWNER INFORMATION: Lr4 `�� �� "Pi-Name: (ScU/tl -2 OS o�/P. '�J Phone(day): L 1 Mailing Address: ZIP: Email and/or Fax ff Overall Project Description: l/1/4� Pr 1i-e,,r&,4 ov — 10/113�}- kk i A �cus 5 ®-F 500 cu,id,(, Check Box LAND USE APPLICATIONS Application Fee Escrow Appeal of Administrative Decision $50 NA Commercial Site Plan Review $700* $10,000(minimum) Comprehensive Plan Amendment $700* $700 Easement/Right-of Way(ROW)Vacation,without Subdivis on $700* $700 PID(5 acre minimum per code) $200/acre(minimum$1,000)* $10,000(minimum) PUD Rezoning(Hwy 12 Corridor Only)-Residential $700+$40 per dwelling unit* $10,000(minimum) PUD Rezoning(Hwy 12 Corridor Only)-Commercial/Industrial $200/acre(minimum$875)* $10,000(minimum) RPUD or PRD,without Subdivision $50/dwelling(minimum$600) Zoning Amendments including Rezoning $700* $700 Check Box CONDITIONAL USE PERMIT(CUP) Application Fee Escrow After-the-Fact CUP Double Fee Amend Existing CUP $700* N/A Commercial I Industrial Use $700* $700 Duplex Credit(per building) $700* $700 J Grading and Filling-501 cu.yd.or more $700*+Permit Fee $700 Grading and filling-within 76'of OHWL(includes seawalls&retaining walls) $700*+Permit Fee $700 Grading and filling-wetland and floodplain $700*+Permit Fee $700 Guest House/Guest Apartment $700* $700 Institutional-Type: $700* $700 Renewal of CUP, IF no change to original plan _ $350 NA Residential Accessory Use-Type: $700* $700 *plus,Engineering&Legal Review Costs Packet Last Updated: 03/29/13 Page 12 of 29 I Page 1 of 1 • 0 Hennepin County Mailing Label Receipt Provided By: Taxpayer Services Department Print Date: 7/10/2013 8:34:10 AM Company or Homeowner Name: BREANNE GLEASNER TOTAL COST• $25.00 Contact Person: BREANNE GLEASNER Contact Address: 3165 NORTH SHORE DR WAYZATA, MN Contact Phone: 763-232-5682 Comments: Buffer Distance: 350ft Mail Label Count: 19 PID LIST: 38 08-117-23 41 0001, 38 08-117-23 44 0006, 38 08-117-23 44 0010, 38 09-117-23 32 0008, 38109-117-23 32 0009, 38 09-117-23 32 0010, 38 09-117-23 32 0011, 38 09-117-23 32 0012, 38 09-117-23 32 0013, 38 09-117-23 32 0018, 38 09-117-23 33 0001, 38109-117-23 33 0002, 38 09-117-23 33 0003, 38 09-117-23 33 0004, 38 09-117-23 33 0005, 38 09-117-23 33 0009, 38 09-117-23 33 0013, 38 09-117-23 33 0015, 38 09-117-23 33 0016, JUL i f LU i CSTY OF ORONO # 362 7/10 013 • • Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Tennessen warning. An individual asked to supply private or confidential data concerning the individual shall be informed of: (a) the purpose and intended use of the requested data within the collecting government entity (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to r ceive the data. This requirement shall not apply when an individual is asked to supply investigative data, pu uant to section 13.82, subdivision 7, to a law enforcement officer. Subd. 3. Access to data by individual. Upon requuest to a responsible authority or designee, an individual shall be informed whether the individual is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge and, if desired, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority or designee shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority or designee may require the requesting person to pay the actual costs of making and certifying the copies. The responsible authority or designee shall comply immediately, if possible, with any request made pursuant to this subdivision, or within ten days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. Subd. 4. Procedure when data is not accurate or complete. (a)An individual subject of the data may contest the accuracy or completeness of public or private data. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (2) notify the individual that the authority believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the Administrative Procedure Act relating to contested cases. Upon receipt of an appeal by an individual, the commissioner shall, before issuing the order and notice of the contested case hearing required by chapter 14, try to resolve the dispute through education, conference, conciliation, or persuasion. If the parties consent, the commissioner may refer to the matter to medication. Following these efforts, the commissioner shall dismiss the appeal or issue the order and notice of hearing. (b) Data on individuals that have been successfully challenged by an individual must be completed, corrected, or destroyed by a government entity without regard to the requirements of section 138.17. After completing, correcting, or destroying successfully challenged data, a government entity may retain a copy of the commissioner of administration's order issued under chapter 14 or, if no order were issued, a summary of the dispute between the parties that does not contOin any particulars of the successfully challenged data. RECEIVED JUL 17 2013 CITY OF ORONO Packet Last Updated: 03/29/13 Page 15 of 29 easy reel—Lapels I - Bend along line to i 1 AVERY® 596QT"" Use Avery®Template 5160® j*Feed Paper expose Pop-up Edge. j ►=� 38 08-117-23 41 0001 38 08-117-23 440006 38 08-117-23 44 0010 BARBARA ANN HALPER CATHERINE M SALLAS HENRY&VIRGINIA SWEATT 3200 NORTH SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0008 38 09-117-23 32 0009 38 09-117-23 32 0010 MICHAEL S&DONNA D WALLACE JON&JANENE HEIDORN MICHAEL&NATELE J N JONES 3160 NORTH SHORE DR 3180 NORTH SHORE DR 3186 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 320011 38 09-117-23 320012 38 09-117-23 320013 JAMES A&DEBRA L ROSATI CHERYL&ALBERT TRAPANESE ELIZABETH P VOGT 3188 NORTH SHORE DR 480 DEBORAH DR 3115 NORTH SHORE DR WAYZATA MN 55391 ORONO MN 55359 WAYZATA MN 55391 38 09-117-23 32 0018 38 09-117-23 33 0001 38 09-117-23 33 0002 KELLY J&MELODEE S MARX J L MANDEL&P MANDEL WAGENER PROPERTIES LLC I WEBSTER PL 3155 NORTH SHORE DR 12520 WAYZATA BLVD HOPKINS MN 55305 WAYZATA MN 55391 MINNETONKAMN 55305 38 09-117-23 33 0003 38 09-117-23 33 0004 38 09-117-23 33 0005 MAURICE J WAGENER HOWARD R ALTON III DAVID M LEAVENWORTH 1420 BOHNS POINT RD 1480 BOHNS POINT RD 1500 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 33 0009 38 09-117-23 33 0013 38 09-117-23 33 0015 MICHAEL&CATHERINE RUSSIN ZACHARY J PARISE RYAN STEWART&LARA STEWART 3175 NORTH SHORE DR 3145 NORTH SHORE DR 1406 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 33 0016 JONATHAN/CATHERINE AANESTAD 3185 NORTH SHORE DR WAYZATA MN 55391 eVIVEP JUL 17 ZQ13 Ono,'Wh6 # 3624 Etiquettes faeiles a paler ; A Repliez a la hachure afin de; www.avery.com Utilisez le gabarit AVERY®5160® Sens de reveler le rebord Po -u TM I 1-800-GO-AVERY i 1 chargement p p • • LAND USE APPLICATION ESCROW AGREEMENT Application# /31-3tpa� AGREEMENT made this 17 day of JO( , 20 13 , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") an� (J alt/yA.9 (A( 9Vo ‹, LAX-,Gt [a corporation—optional ("Owner"). Recitals 1. Owners have filed Zoning Application # formally requesting the City to review plans for L cW-cA. 1i pR(}-c✓d( 'vy — ‘v v i�1 .Ss e t- soo located at '3✓` la s (i1Jorktn S�OWt T►nve. Oft�V\ &tom 01 PI V the"Subject Property") as more fully shown and described on Exhibit"A" attached hereto. /,, 2. Owners request the City to reviewsaid plans w ich requires City approval including 1. 8 (y tfivv`A.t. feYrnll- 1o,v4O < O o vkAzi\t- 4\0-0- SOO GAJ 9. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit$ 700.0° with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review)or will incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council review of application # /3- . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning and subdivisioi application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on depo it in the escrow, if any, shall be returned to the Owners when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned byOwners, or if the eligible expenses 9 incurred bythe Cityexceed the amount in escrow, the Cityshall have the right to certifythe unpaid balance to the 9 P subject property pursuant to Minn. Stat. §§415.01 and 366.012. CITYnC,ITY E ORONO OWNERS: P�'l� e S I L L C- BI: �11 WW1( , By:c—F-L r2 ae.s� Its: TIiVAllel 1!3 Its: ai Internal Use Only: 0 Original to Finance Department ent fl Copy to Zoning File G Copy to Street File Packet Last Updated: 03/29/13 Page 10 of 29 • i1111111ill QIIIIIIIIIIIIIIIIIllIIIIIIII CITY OF ORONO * 2 0 1 3 — 0 0 6 6 9 * 2750 KELLEY PARKWAY DATE ISSUED: 07/18/2013 ORONO,MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 3165 NORTH SHORE DR PIN : 09-117-23-33-0002 LEGAL DESC : UNPLATTED 09 117 23 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$700 ESCROW IS TIED TO ZONING APPLICATION 13-3624 PAID BY PETER JOHNSON WITH CHECK#7344 APPLICANT ESCROW FEE-APPLICANT 700.00 Wagener Properties LLC ESCROW FEE-DEVELOPER 0.00 12520 WAYZATA BLVD MINNETONKA, MN 55305- TOTAL 700.00 • OWNER Wagener Properties LLC 12520 WAYZATA BLVD MINNETONKA,MN 55305- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications,applicable City approvals,and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein.This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance,or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code.This permit may be revoked at any time for due cause. Applicant Permitee Signature Date Issued By Signature Date SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. • s , cory ESCROW AGREEMENT ZONING PERMIT Permit#2013-00717 Permit#2013-00718 Land Use Application #13-3624 AGREEMENT made this bD day of 1A)--1 , 2013, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and ("Owners"). Recitals 1. A land use application and zoning permit applications have been filed for property located at 1420 Bohns Point Road and 3165 North Shore Drive, the ("Subject Property"). 3165 North Shore Drive is legally described as Attached as Exhibit A. 2. Owner requests the City to review this application. 3. The City will commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $700.00 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering or legal consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning permit application. The escrow will also guarantee reimbursement to the City for all out-of- pocket costs the City has incurred to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work (including planning, engineering, or legal consultant review) associated with Permit #2013-00717, Permit #2013-00718 and Land Use Application #13-3624 if compliance with the approved zoning permits is not accomplished. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall issue a Stop Work Order until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed and written notification is received from the Owners requesting the funds. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§415.01 and 366.012. CITY: CITY OF ORONO OWNE . B : "�- Y Its: w.z� �,.�,��,�.�- g�Sz �q�. � �,rrt-•� 6 h .. se Or, ;x D Original to Planning Department 13 Copy to Street File • • EXHIBIT A _ u • That part of Government Lot 1, Section 9, Township 117, Range 23 West of the 5th Principal Meridian described os commencing at a point in the West line of said Government lot distant 1160.8 feet North from the Southwest corner of said Government lot; thence East parallel with the South line of said Government lot a distance of 442.93 feet, passing through a judicial landmark set pursuant to Torrens Case No. 11475; thence South parallel with the West line of said Government lot a distance of 102.5 feet; thence East parallel with the South line of said Government lot a distance of 211.0 feet, more or less, to the shore of Lake Minnetonka to the actual point of beginning of the land being described; thence West along the last described line to a point distant 442.93 feet East of the West line of said Government lot and 1058.3 feet North of the South line of said Government lot; thence North a distance of 102.5 feet to the North line of the South 1160.8 feet of said Government lot; thence West on the North line of the South 1160.8 feet of said Government lot a distarxce of 197.93 feet (or to a point 245.0 feet East of the West line of said Government lot); thence South parallel with the West line of said Government lot a distance of 175 feet; thence Southeasterly deflecting to the left 78 degrees 00 minutes, a distance of 330 feet, more or less, to the shore of Lake Minnetonka; thence Northeasterly along the shore of said lake "a distance of 180 feet, more or less, to the point of beginning. S LAND USE APPLICATION ESCRk W AGREEMENT Application# /CIA. AGREEMENT made this (-7 day of Val , 20 3, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") an ( kti.eyk.p,j Q✓ore-^' d CAC- [a corporation-optional] ("Owner"). Recitals 1. Owners have filed Zoning Application # formally requesting the City to review plans for mil ‘w oi1— iv\ &u-SS T24- SDO czo• D�5 located at `3( GI S (tJorctn SVto(( " r JZ O,( v o 1 (YIN] the"Subject Property") as more fully shown and described on Exhibit"A"attached hereto. 2. Owners request the City to reviewsaid pl'ans'whrich requires City approval including 1 5,u�cP7 OP ( d ov t �14� `fefirvl r \a ! � 01- V& 1 4& SOO CAI of 5, 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit$ 700 .0° with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council review of application # /3-.3(oa Li . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§415.01 and 366.012. CITY CITY fr ORONO OWNERS: GU PA) ICE-S L C By: 'a #64k-)11\AUISVV----- By:c—Rti rt �a Its: ?1 °, uv '- Its: Internal Use Only: rigin to Finance Department G Copy to Zoning File 0 Copy to Street File Packet Last Updated: 03/29/13 Page 10 of 29 • CITY OF ORONO • Ill 1 III 1III �� 11111111 i1 2750 KELLEY PARKWAY DATE ISSUED: 07/18/2013 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 3165 NORTH SHORE DR PIN : 09-117-23-33-0002 LEGAL DESC : UNPLATTED 09 117 23 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$700 ESCROW IS TIED TO ZONING APPLICATION 13-3624 PAID BY PETER JOHNSON WITH CHECK#7344 APPLICANT ESCROW FEE-APPLICANT 700.00 Wagener Properties LLC ESCROW FEE-DEVELOPER 0.00 12520 WAYZATA BLVD MINNETONKA, MN 55305- TOTAL 700.00 OWNER Wagener Properties LLC 12520 WAYZATA BLVD MINNETONKA, MN 55305- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications,applicable City approvals,and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein.This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance,or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code.This permit may be revoked at any time for due cause. 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