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HomeMy WebLinkAboutLand Alteration /4o5 1I7L M • • 11111111111111111111 Doc No A9454609 Certified filed and/or recorded on 12/8/09 4:30 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Ji I L. Alverson, County Auditor and Treasurer Deput 11 Pkg ID 590611 Doc N:me: Resolution Docu ent Recording Fee $46.00 Docu ent Total $46.00 This cover sheet is now a permanent part of the recorded document. • S A RESOLUTION G' • TING A CONDITIONAL US PERMIT PURSUANT TO MUNICIP• I ZONING CODE SECTIONS 78-967 (B) (2) : 78-1286 (D) (2) FILE NO. 09-3 31 . . , • • O O O CITYofORONO 4 All'if, G% , RESOLUTION OF THE CITY OUNCIL 4kESIIO NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-967 (B) (2) & 78-1286 (D) (2) FILE NO. 09-3431 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 (hereinafter the "City") and legally described as follows: See attached Exhibit A (hereinafter the "property"); and WHEREAS, Peter Johnson has made application on behalf of the Owner to the City of Orono for a conditional use permit for fill in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-967 (B) (2), 78-1286 (D) (2) to incorporate approximately 2,200 cubic yards of fill into the property in order to blend the contour with the Owner's adjacent property. NOW, THEREFORE BE IT RESOLVED 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 LR-1B, 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 October 19, 2009 and recommended approval of the conditional use permit based on the following fi-ldings: a. The request for fill in excess of 500 cubic yards will not impact the Property as viewed from the lake. Page 1 of 4 O O 4 ?, . - CITY of ORONO tyl I RESOLUTION OF THE CITY OUNCIL `9.kESK04 NO. ) 8 (j b. The elevation which the fill is ultimately achieving will be consistent with the grades on the Owner's property to the south. c. The fill will be brought in over the Owner's access off of Bohns Point Road and not over the shared Criveway 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 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 generally to other property in this zoning district; that granting the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit for fill in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-967 (B) (2), & 78-1286 (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 this Resolution as Exhibit B. Any amendments to the grading plan may rewire further Planning Commission and City Council review. 2. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with the approved grading plan. Prior to any fill being brought onto the Property, the Owner or the Owner's representative shall make arrangements with the City Engineer with respect to monitoring and haul routes. Page 2 of 4 • • tit:0 p O S CITY of ORONO ,�L i� �1.0 -4) RESOLUTION OF THE CITY COUNCIL ikES804" NO. ,1_ 3. An as-built grading plan showing conformance with the approved plan shall be submitted prior to the final inspection of the site grading. Final grading must be approved prior to the release of escrow monies. 4. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by completing the project within one year of the date of Council approval, or the conditional use permit will expire on that date (November 9, 2010). 5. 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. 6. The undersigned Owner has read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and 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 9th day of November, 2009. ATTEST: dptit.L...,/nt �IX' Linda S. Vee, City Clerk es M. White, Mayor Pr ert ner(s) Page 3 of 4 • • .;? -. 0 O OCITYofORONO Al v7.1$, V„Iti,"7. tv �� I RESOLUTION OF THE CITY COUNCIL ��`9kE����►p4�G NO. J 8 8 3 SII STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this// day of IV 011 l (t 009 by lLl P`YUR/GE tT W 7vE/2.- _ the (14/7 ilift?V ffl _ of Wagener Properties LLC, a Minnesota Limited Liability Company. / i otary Pu c Amy E Chaput y7.:, Notary Pubkc-Minnesota Ia' My Comm DID 01/31/2012 Page 4 of 4 • • ZONING FILE NO. 09-3431 EXHIBIT A RESOLUTION NO. - n 8 3 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 to Torrens Case No. 11475; thence a South parallel with the West line of said Government lot a distance of 102.5 feet; thence 0 East parallel with the South line of said Government; lot o distance of 211.0 feet, more or less, to the shore of Lake Minnetonka to the actual point of beginning of the land being M described; thence West along the last described line to a point distant 442.93 feet East of �R 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 I West line of said Government lot); thence South parallel with the West line of said N 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. • , Exhibit B SE617-£LP-ZS6:XVA I.VIt"CLt'-Z96 I3NOHd """ "'°"'"""""""" '�'0 03a011•0 99ES9 Nil'3)IVI ONOI 3AIHO MOIVM'N SW' lsieo - a d f" SNVld ONVI'SNOA3Atlf15 ONYI'SN33NION311A13 I Ay.� HSN vya w,wo.,w. ... 0 O �/ 7 '3NI`S3IYIOOSSV DH3HNO8D s-9.o �`saa�aa s;��0 0 o J a�� �,,,.,«r.s"..uHu.,",.°»os oisap sNoislnsa 11 b I ss ;: � Li 1IIhi 1+i o \ O � aI 6 II Mm —\ �V'AV I 1- nQ \ ' .. j IIII _ LL " )b 9' M Il i{ik s 2 2 ry t_ �j 4:e A w _ \ N 5 . / 0 \ . 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PPHI !i IN / \, ,...:2_, , 4,. ....„ ...1 , . §I HQ °:a% ep _ 0.6Qb- li t tst zt / / w/ j)t I WCa7 sib°�.°S'ga-:.£; ,: dill' F111� aa73lig g /,S, f t °11V ! ya ! l,,/ °g66 E1e�` oFeo° V, I L;$ala1I ill.1 'U C7 Apa- \ a" S€b'ab o'gc� -<5 4 - .�i 2. tj.e.L.7i ' ZZ 1 _so °° °=°cliso !S� XD `�� \ f8Palfi�3,l,„Sqo, .: Ill p 1¢ I yp p WCO5 t� --� A €A`.a �9 sbpna1 i£b . BE !111 li.€ 1 i a - 1 €d ppa i. ! '.t 0;1.s°3gE.is E b50o III it • • 1 P ; ii I p $ t 1j a. 3 fB.fini$. 8? I•2e 1 3i L [ hip I d R� 3o 6°— G d it G $ a�� $SaYp;s' '&.gig p5 E Le€ 9 '� gt 'A9 Ftf L ; I iii (arau L110GSNN0s) t a.° 9 ill; !E oloe°i n,.00°aoos \ / —b6i.g _v ➢'ES - .eg y�E �6E$A it C *{B �� Y I ; V MIII569°`a'-��a1.' :Ea $"a 11ay041lialli 1 II IT 11 "r 6 i V ) • S • STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and .ppointed City Clerk of the City of Orono, Minnesota, certifies that I compared the for-going 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 transcriptio thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 16th day of November , 2009. t+ Cit Clerk • (seal) • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9, 2009 7:00 o'clock p.m. ( . #09-3423 HAR VEST MOON NATURAL FOOD CO-OP ON BEHALF OF CLIFFORD OT . N, 2380 WAYZATA BOULEVARD WEST, Continued) Bremer st.•ed she would prefer to have all contingencies spelled out,but that if the City fee it is not necessary in i e future to reconstruct the access, she would be willing to leave that lang .ge as long as the City would hav- the option to address this issue in the future. Mattick indicated he ' not opposed to removing that language. McMillan asked if the si :tion does arise where the access needs to be real' ed,whether the City can close that access. Mattick stated the City does con •l the access since they are the ro.. authority and they have the ability to determine what a reasonable access ould be. Murphy noted if the amendment is adopt:. as is, the City hire a consultant and the recommendations will need to be followed. White stated the City will not be arbitrary about .e i ue and that if the conditions change at some point in the future,they will sit down with the property o '-r to arrive at the best solution. Murphy asked whether it would be helpful if• e italiciz:. part is left in but add the language that unless the access change is due to traffic that is unrel. ed to his use o is property. Mattick stated in his opinion that doe- not change the issue. If t -re is no through street, the only traffic that will be utilizing the access wi •e traffic going into Otten's. Bremer moved,Murphy se •nded,to adopt PUD Amendment No. ' to PUD No. 1 for Harvest Moon Natural Foods Co-Op, a • mendment to Planned Unit Development o. 1 Agreement for East Willow Woods,with t • removal of the last sentence of Paragraph 5. a TE: Ayes 5,Nays 0. *8. #09-3424 ► CHAEL AND DONNA EBERTZ, 1220 TONKAWA R I • D—VARIANCE— RESOLUTIO OS. 5881 AND 5882 Bremer . I ved,Murphy seconded,to adopt Resolution No. 5881, a Resolution Gran • g Variances to Munic'•al Zoning Code Sections 78-1288 & 78-1405, and RESOLUTION NO. 5882, a 'esolution De ng a Variance to the Orono,Minnesota, City Code Section 78-1405. VOTE: Ayes ,Nays 0. *9. #09-3431 WAGENER PROPERTIES,LLC,3165 NORTH SHORE DRIVE— CONDITIONAL USE PERMIT—RESOLUTION NO. 5883 Bremer moved,Murphy seconded,to adopt RESOLUTION NO. 5883, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-967(B)(2) &78-1286(D)(2). VOTE: Ayes 5,Nays 0. Page 4 of 71 --- __.—___—__. _----._....__-- ---_.___ _ • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19, 2009 6:30 o'clock p.m. 6. #09-3431 WAGENER PROPERTIES,LLC,31 5 NORTH SHORE DRIVE, CONDITIONAL USE PERMIT,8:09 P.M.—8:58 P.M. Peter Johnson,Attorney-at-Law, appeared on behalf of Wa;.ener Properties, LLC. Curtis stated the applicant is requesting a conditional use p:1 it to conduct land alterations in excess of 500 cubic yards in order to restore the property to its previo s,pre-development grades. In 2006, the previous owners had received a building permi and associated land alteration permit in order to redevelop the property and construct a new residence. A er the City issued the building permit the previous owners abandoned the project. Wagener Properti:., LLC, is the new owner of the subject property and has requested a conditional use permit in orde to restore the grade of the property. A new residence is not proposed at this time and the property owner proposes to remove the existing blacktop driveway. Planning Staff recommends approval of the conditional use I.ermit in accordance with the City of Orono regulations and the City Engineer's recommendations. Peter Johnson stated fill has been imported on this lot to co ect grades in the past and that the middle part of the property was scraped down in preparation for a foun a ation,which was later abandoned. The grading problems have actually gotten worse over the years They would like to regrade the property with imported fill to restore the grade and top soil. Johnson stated the previous applicant paid fees of$10,000, ith no project being completed, and that they would ask that their fees be waived in recognition of the fa that those fees have been paid by the previous applicant. Curtis requested that item be discussed with the City Counc 1. Chair Kang opened the public hearing at 8:12 p.m. Mike Russin, 3175 North Shore Drive, stated the neighbors I ave eight or nine issues with the project. The proposal shows that 225 truck loads of fill will be requi ed. The neighbors have a concern that that amount of fill and traffic on their common driveway(from orth Shore Drive)will damage the roadway. The driveway is private and is the only access to their home.. The amount of truck traffic will also impact the value of their properties. Secondly,the City Engineer has expressed concern regardi . drainage following the fill and no documentation has been submitted on how the issue with th• slope will be addressed. There will be significant water issues given the substantial amount of fill II at is involved,which could create additional water issues for the neighbors. There is also no mention of he length of time the project will take and no mention of how the driveway will be kept clean. Finally,th-re is no remedy for any ancillary damage that may occur due to the size and scope of the project. The neighbors are requesting that an agreement be drafted a ongst all parties that utilize the common driveway addressing these issues prior to any work being co' enced on the property. Russin noted that Wagener Properties does have another access off of Bohns oint Road,which may be a better solution. Page 11 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19,2009 6:30 o'clock p.m. #09-3431 WAGENER PROPERTIES,CONTINUED Russin stated he would like to clarify that there is still an ongoing dispute between the property owner of 3155 and Wagener Properties. The plans submitted are mis'.eading in that the fence lines would block the residents at 3155 from accessing their own driveway and also prevent emergency vehicles from entering and turning around. Russin stated they would like to know exactly what is being proposed for this property and how it will impact their properties. Sever Peterson 3145 Northshore Drive, stated he shares the same concerns as his other neighbors and that he would have fewer concerns if the access off of Bohns Po nt was utilized. Johnson pointed out they are proposing to use the Bohns Point access,not the North Shore access. Peterson stated he would still have a concern regarding the drainage following the placement of the fill and that he would like the City to ensure that no drainage goes on to the neighbors' properties. Currently they do not experience any runoff. The common driveway requires some patching and he is not sure how that will be handled. Peterson indicated he attempted to reach the owners twice to discuss the possibility of a gate to see if they are interested in erecting one and received no response,which has raised a concern about his ability to work with Wagener Properties. Catherine Russin stated she is unclear about how the fill is going to look after it is brought in. Russin stated 225 truck loads is a lot and that construction is messy and noisy. Russin expressed a concern about the drainage. They have lived there for 15 years and nothing has been done to the property except for fill being brought in and dirt being pushed around. They would like clarification on how the property is going to look after the dirt is brought in since they have not seen any plans. Russin stated following a heavy rain,the whole front of the property is filled with rain. Mike Russin stated depending on how the property is filled,you could have a gully at a 45-degree angle, which would allow the water to run into the neighboring property. Catherine Russin stated she would like to be assured that proper drainage and grading is going to be done as part of this project. Curtis asked whether they have reviewed the City Engineer's comments and recommendations. Catherine Russin stated they have only seen the packet of information that was available last week. Curtis stated the City Engineer has reviewed the plans for drainage that may impact the adjoining properties. The City Engineers have made recommendations regarding the number of truck loads and the route to be used. The drainage impact to 3155 North Shore was also corrected and addressed by the applicant. Catherine Russin stated they have not been kept informed of what is being proposed for this property and that they would like to know what is going to happen. Page 12 • • MINUTES OF ORONO PLANNING COMMI SION MEETING Monday,October 1 ,2009 6:30 o'clock p. . #09-3431 WAGENER PROPERTIES, CONTINUED Curtis suggested that the neighbors could meet with the City Engineer on what is being proposed for the property and possibly review topographical information on the adjoining properties to see how it will impact their lots. Johnson stated as it relates to the contact with the neighbors,he was unaware that they had attempted to contact him and he apologizes for that. The intention of the property owner was to get the process started shortly after purchasing the property but that a boundary dispute did arise and the property owners have been dealing with that. They are currently in the process of fine tuning the details of an agreement, which relates primarily to the lakeshore by the Mandel home, and they are not proposing any fill in that area. Johnson stated there currently are erosion issues and ponding water which needs to be addressed. The appearance of the fill is designed to continue the current look of the front of the property. The haul road will be over the Wagener's existing property and not the common driveway. Before the Munsons were issued their permit to construct a home and bring in the fill aver the North Shore Drive access, a maintenance agreement was required and was executed by the neighbors. There is a common driveway access easement out to North Shore and that the agreement requires that whoever damages the driveway must repair it. They are planning on utilizing the Bohns Point access, so that should not be an issue. Johnson stated the Mandel's driveway, as you enter from North Shore, does utilize a small corner to turn vehicles around,which is not an issue tonight. The fence is not a part of the application tonight. As outlined in the City Engineer's report, the Wagener property,which is the low property in the neighborhood,will continue to accept drainage from all adjoining property owners and convey it to the lake,not the neighboring properties. They will be using the Wagener property for the haul road. The City Engineer has requested that they identify best practices as part of their application,which has been submitted. Erosion control measures have also passed the C.ty Engineer's inspection. Catherine Russin pointed out the location of their property in comparison to the Wagener property. Currently there is a gully on the Wagener property and Russin asked what will happen with that gully and whether the dirt would be brought level with their property. Johnson indicated there will be a berm and a drainage swale created, which will handle the runoff from the Russin property down to the lake. Catherine Russin pointed out they have a number of plantings in that area and asked whether any work will be done on their property. Schoenzeit stated the applicant's plan does show the proposed grading and drainage and that drainage does not appear to be an issue for the Russin's property. Mike Russin asked how much dirt is being added next to the property line. Kang stated it appears that there needs to be better communication with the neighbors and that perhaps this application should be tabled. Berg asked whether this is the same plan that was approved previously. Page 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3431 WAGENER PROPERTIES,CONTINUED Curtis stated this is less than what was originally proposed. Berg stated she does not feel this is the venue in which these issues should be resolved and that the application should be tabled. Catherine Russin stated they did not know about this until they were notified by the City. Russin indicated they would appreciate the opportunity to discuss What is proposed to be done with the applicant. Curtis stated Staff could set up a meeting with the neighbors and the City Engineer and perhaps the applicant's engineer prior to the city council meeting. Schoenzeit noted there has been a review done by the City Engineer and that he has approved the work. Kang suggested that the Planning Commission move this forward and that a meeting be arranged with the neighbors. Catherine Russin asked what would happen if they still had concerns following the meeting. Kang indicated they could appear before the City Council. Johnson stated he is willing to meet with the neighbors individually and explain as best he can what is provided for in the drainage plan and the best practices plan and erosion controls that are being proposed. Johnson stated he was not aware of the neighbors' concerns .zntil tonight. Johnson requested the Planning Commission move this application forward. Peterson requested the application be tabled until the issues are resolved. Berg stated the Planning Commission does understand what is being proposed,but that the motion could be contingent upon the applicant's engineer or representative meeting with the neighbors. Peterson asked why this is being moved forward if the neighbors' concerns have not been addressed. Berg noted meeting with the neighbors would be a condition of the motion,and that if they feel their issues have not been addressed, they can address the City Council. Berg stated the Planning Commission understands what is being proposed and that the City Engineer has reviewed and approved the work. Schwingler stated the public notice is part of standard procedure and that the issues raised by the City Engineer were addressed in a revised plan. Schwingler recommended the neighbors meet with the applicant's representative and the City Engineer. Chair Kang closed the public hearing at 8:49 p.m. Berg moved to recommend approval of Application#09-3431,Wagener Properties,LLC,3165 North Shore Drive,granting of a conditional use permit,'an accordance with the City Engineer's recommendations,subject to the applicant and/or his representatives meeting with City Staff,the City Engineer, and the neighbors prior to the next City Council meeting. Page 14 • i MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19, 2009 6:30 o'clock p.m. Curtis requested the neighbors contact her if they do not hear from the applicant. Schoenzeit seconded the motion. VOTE: Ayes 5,Nays 0. • #09-3432 CHRIS GERARDI, GENERAL MANAGER ON BEHALF OF WAYZATA C I NTRY CLUB, 200 WAYZATA BOULEVARD, CONDITIONAL USE PERMIT AM , DMENT,8:54 P.M.—8:58 P.M. Bob Dista Golf Course Superintendent of Wayzata Country Club,was present. Curtis stated t'- Applicant requests approval of the construction of an addition to be construe -d on to the existing mainten. ce building at 430 Old Long Lake Road. The existing country club mai. enance building on the sou side of the Luce Line has existed on the site for many years. The - isting building contains one bathroo The number of employees utilizing the space in this building 'as increased and subsequently the need additional office space and additional bathrooms has inc 'ased. The owner proposes to utili - a manufactured building as a temporary additio- to the existing building in order to solve the immediate s e.ce issues while they work out a long-term elution. The addition is approximately 960 square feet in . ea and is proposed to fill in the note •n the northwest side of the existing building. The addition wo.Id be no closer to the adjacent ho.'es or the Luce Line Trail than the existing building. The property is no ubject to hardcover regulati s. Planning Staff recommends approval of t' - conditional use p- it for the addition to the maintenance building. The addition should be painted to, atch the exis ' g building. Additionally, the City's septic manager must approve the location of the bui .'ng in rel. ion to the existing septic tank location. Distal indicated he is in agreement with Staffs rep, . Kang asked whether he has received a copy o e lette rom the DNR. Distal indicated they did and that their se packs are within th. guidelines of the state. Chair Kang opened the public heari' at 8:58 p.m. There were no public commen : regarding this application. Chair Kang closed the pup c hearing at 8:58 p.m. Leskinen moved, Sc'oenzeit seconded,to recommend approval of Applicatio' #09-3432, Chris Gerardi, General anager,on Behalf of Wayzata Country Club, 200 Wayzata oulevard, granting of a conditiona Ise permit amendment, subject to the recommendations of Staff. OTE: Ayes 5, Nays 0. Page 15 • • CITY OF ORONO ZONING FILE: 09-3431 2750 Kelley Parkway P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: November 10, 2010 TO: Wagener Properties, LLC COPIES: c/o Peter Johnson 12520 Wayzata Blvd #103 Minnetonka, MN 55305 TYPE OF APPLICATION: Conditional Use Permit- Grading DATE OF MEETING: November 9, 2010 VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions f the resolution previously mailed to you. Please arrange to sign the original resolution at the ity Offices(Monday through Friday,8:00 to 4:30). 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. Variance approval expires one year after date of approval. A land alteration permit must be obtained no later than November 9, 2010. If you desire certified copies of the official Council minttes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, Planning &Zoning Coordinator, at 952.249.4627. • • Date Application Received: 09/23/09 Date Application Considered as Complete: 09/24/09 60-Day Review Period Expires: 11/23/09 REQUEST FOR COUNCIL ACTION Date: 4 Noverer 2009 Item No. Department Approval: ply VAdministrator Approval: Agenda Section: Name: Melanie Curtis Title: Planning & Zoning Coordinator Item Description: 09-3431, Peter Johnson on behalf of Wagener Properties, LLC 3165 North Shore Drive — CUP Gading — 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 - Resolution per Planning Commission recommendation Exhibit B - PC Action Notice dated 10/20/09 Exhibit C - PC Memo & Exhibits of 10/14/09 Exhibit D - Draft Minutes — October PC Application Summary: The applicant is requesting a conditional use permit to conduct land alterations, in excess of 500 cubic yards, resulting in grade consistency between the owner's two properties. Planning Commission Recommendation On October 19, 2009 the Planning Commission voted 5-0 to approve the CUP in accordance with the City Engineer's recommendations. The applicant was encouraged to meet with the neighboring property owners to address their questions and concerns prior to the Council meeting. Planning Staff Recommendation Staff recommends approval of the conditional use permit per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. 1 Planning & Zoning Department Memo 04!) To: Finance Department vv&O From: Christine Mattson, Planning Assistant Date: 3/17/2011 Re: Zoning Escrow Refund Zoning application 09-3431 pertaining to 3165 North Shore Drive is complete. The Planning and Zoning Department is requesting a refund of their$700 application escrow. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Check can be mailed to the owners: Wagener Properties, LLC 12520 Wayzata Blvd Minnetonka MN 55305 z:\zoning applications\2009 zoning applications\09-3431 (3165 north shore dr)\escrow refund memo 09-3431.doc LAND USE APPLICATION ESCROW AGREEMENT Application# cc) - 3 of 3 1 AGREEMENT made this 2-tif4 day of S-9.4r -sz..16e.,, 20 0 9 , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") dnd I A 5ftJ '4- ' t._,t,...C.. [a corporation—optional] ("Owner"). Recitals 1. Owner has filed Zoning Appli ation# Chat - 31431 formally requesting the Cityto review plans for L_ A U SF.. f 1- ,�� i. ,._ " II 5-Ob cM.�d located at '� C-� orz�L,. a�Q. :�}2 ©n vo the"Subject Property")as more fully shown and described on Exhibit"A' attached hereto. 2. Owner requests the Cit to reviews id p nsj which req ire i approval includin 5S1�a c'cD c..u,. S. . 3. The Citis willing to 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 Owner shall deposit $ 1c c .oD 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 Owner, reviewing the plans, and preparing agenda packet material for City Council review of application # - -1 31 . Eligible expenses shall be consistent with expenses the Owner 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 Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in#3 above, the City may draw from the escrow account without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall notify the Owner of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owner when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owner, or if the eligible expenses incurred by the City exceed the amount in escrow, the Cityshall have the right to certifythe unpaid subject property pursuant g p d balance to the p p y to Minn. Stat. §§415.01 and 366.012. CITY: CI Nrcv4GRe OWNER: CJ a sp nc Qn L LC S By: Its: Its: �ti.r.�• t- Pt<1"- 1k1$t" n�Y z 8![a 4 f?a c D>s�partmei fL K=`;fpr rii i:'t l..T?tifiltiai4g O C_itt06 tre"�"'... i P`✓:..:.1..P t.... �,..� mil..,, Application# �/ — 5'4 3 I Date Received Amount Paid CITY OF ORONO CONDITIONAL USE PERMIT and OTHER LAND USE APPLICATION PROPERTY LOCATION Site Address 3165 North Shore Drive Type of Application to be Filed land alteration, more than b00 cu. yd. Property Identification Number(P.LD.) 0911723330002 APPLICANT Name Wagener Properties, LLC Phone (home)63 2-73QQ-2340 Phone(work) 952-543-7896 Address I'ZS20 Wa. :Lc.-kct City V"1 553c S 1.ra . OWNER(if different than applicant) Name SAME Phone(home) Phone(work) Address City Zip Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS- $700.00 Residential Accessory Use $700.00 Institutional (church, school, etc.) $700.00 Guest House/Guest Apartments $700.00 Duplex $700.00 Commercial/Industrial Use X $700.00 Land Alteration Permit Grading and filling-designated wetland;or floodplain X Grading and filling- 501 cu. yd. or more plus$700 Escrow Grading, seawall, retaining walls within 75'of lakeshore $350.00 Renewal Fee(IF no change from original application) After-the-Fact Fee- Double Current Application Fee OTHER APPLICATIONS $700.00 Commercial Site Plan Review, PLUS consultant fees Commercial Site Plan Review Escrow, $10,000 minimum $200.00 Easement Vacation,with Subdivision Application $700.00 Easement Vacation without Subdivision Application $700.00 Rezoning $700.00 Comprehensive Plan Amendment $100.00 Appeals $700.00 Zoning Code Amendment RPUD/PUD/PRD/PID-see Fee Schedule Other-see Fee Schedule RECEIVED SEP 2 8 11A fy TY OF CUP and Other Land Use Applications Last Updated: May 26,2009 bU uay • • Date Incomplete Notice Sent: I "► I V Copy of Application Sent to: Engineer on County on DNR on MCWD on LMCD on Date Property Owners Notified: Date Legal Notice Published: PC Meeting(s): I�,ppilSp/� \0�iq.oa Vote: 5"b r��""p- Vote: Vote: Notice of PC Action: City Council Meeting(s): (� Vote: 5-o t�l tl i�V vCl/.." Vote: „ ii��ii ``,, Vote: lv Notice of Council Action: \I- wl Resolution: 4P-\\I‘ City 3f Orono �0 Kelley Parkway Q _��fn 5� Gone RAN 5535� 00 Receipt N3: 3.001262 Sep 23, 2009 Peter Johnson- WTM Pro'ert es Planning and Zcriing, pp r , CCU' - i1 5 North snore Dr 10 J.4J ive }01-344 0 Cons Use-variance-t)ev ees ?3ta : , __ 47 _GO Check Check o 5960 1,400.00 Pay Peter Johnson- W,a ;roperties Total Applied: 1,400.00 Change ,nderea: .00 9/23/09 0E;15PN Checklist for Refunding Variance Escrows Variance # I Street Address: ft'f NUM. S Or 1/ Applicant Name: \\ r IC -i e --�-�-- OA- Escrow request received Date: ❑ Is the resolution signed? 4/1111, No Is the as-built survey requirement fulfilled? Yes No Date: C Email CK & Bonestroo to see if there is any unbilled WIP. Date email sent: j- WS , sr). 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N m 14 mw � OIAV, O REVISIONS DESIGNED I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT DATE BY REMARKS WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, 6-scn�6-c 08 GRONBERG & ASSOCIATES, INC. AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER w,.a NI ADDE0FEmEIAE,REVBED0HADWO DRAWN AND LAND SURVEYOR UNDER THE LAWS OF THE STATE OF 1"=20' CIVIL ENGINEERS,LAND SURVEYORS,LAND PLANNERS P R MINNESOTA. JOB NO CHECKED 08-148 445 N.WILLOW DRIVE LONG LAKE,MN 55356 DATE MINN.LICENSE NUMBER s _ PHONE:952-473-4141 FAX:952-473-4435 0 City of Orono lit I (Official Publicatio ) NOTICE P ::::>:: The Planning Commission will hold p blic hearings in the r?? Orono Council Chambers at 2780 Kelley Parkway on — Monday,October 19,2009,beginn ng at 6:30 p.m.on the matter of reviewing the following I.nd use applications: newspapers 09-3405 Frank Masserano III on.ehalf of Internation- al Ministerial Fellowship, 2477 Sha.ywood Road, B-4 AFFIDAVIT OF PUBLICATION zoning district,requests a commercia site plan review and 500'-1000'zone hardcover variance i.allow 44.2%hard- cover where 45.9%currently exists .nd 35%is normally STATE OF MINNESOTA ) allowed in order to construct a new overed entry and a rear deck on the existing building an. remove hardcover ) SS. on the property. COUNTY OF HENNEPIN ) 09-3418 Dennis Batty on behalf :f Brook Investment Group LLC,3421 to 3435 Shorelin Drive, B-1 zoning Richard Hendrickson, being duly sworn on district,requests commercial site pla approval to enlarge an oath,states or affirms that he is the Chief the existing commercial building wit additions to each end.The proposal includes structure coverage,hardcov- Financial Officer of the newspaper(s)known er,parking lot setback and building s-tback variances as as well as a variance to the number .f required parking Plymouth, Wayzata, Orono Sun-Sailor spaces. 09-3425 Hugh P.Morris on behalf of James Johnson, 650 Big Island,RS zoning district,r=quests an after-the- fact conditional use permit and afte-the-fact hardcover variance for lake-side retaining walls.nd a patio within 75' and has full knowledge of the facts stated of the OHWL. below: 09-3428 Michael&Marilyn Huth site,3382 Bayside (A)The newspaper has complied with all of Road, LR-tA zoning district, reque• the following vari- ances in order to build a new single amity residence on the requirements constituting quaiifica- the property:lot area,lot width,75' .reek setback,hard- tion as a qualified newspaper as provid- cover variance to allow 11.2%hardcover within the 0-75' ed by Minn. Stat. §331A.02, §331A.07, zone where 11.4%hardcover curren ly exists and 0%is allowed and to allow 33.6%hardcov r within the 75'-250' and other applicable laws as amended. zone where 11.1%exists and 25% normally allowed, (B Theprintedpublic notice that is attached and a conditional use permit for gra.ing within 75'of the ) creek in order to stabilize the creek b:nk. was published in said newspaper(s) 09-3429 Karen Feyo,Mark Fuller and Stacy Nakaya, once each week,for one successive 4055 Elm Street,LR-1B zoning distr t,request renewal week it was first UbIlShed on Thurs- of a lot area variance in order to buil.a new single family (s); presidence on the vacant property. day,the 8 day of October 09-3430 WJM Properties,LLC,2:15 Wayzata Boule- 2009, and was thereafter printed and yard,I zoning district,requests rene al of a commercial ublished on ever Thursday to in- site plan review and conditional use p:rmit in order to con- e y urs y andstruct an addition to the existing building and complete cluding Thursday, the day of construction of parking lot improvem:nts. 09-3431 Wagener ,..2009;and printed Properties,Inc.3615 North Shor below is a copy of the lower case alpha Drive, LR-1B zoning district reques s a conditional use qIC— permit in order to conduct site gradi g in excess of 500 bet from A to Z, both inclusive, which is cubic yards on the residential proper,. hereby acknowledged as being the size 09-3432 Chris Gerardi,General M:nager,on behalf of RR- and kind oft e used in the composition the Wayzata Country Club,200 Wayzata Boulevard,yp 1 B zoning district,request a condition:I use permit to con- and publication of the notice: struct an addition to the existing mai tenance building at 430 Old Long Lake Road. abcdefghijklmnopgrstuvwxyz All persons wishing to be heard are a couraged to attend this meeting. This is not i final c and is is subject to c- change prior to the hearing. Writte comments are ac- cepted and should be submitted to t e City of Orono by October 13,2009 if possible. Interes•d persons may re- view the application at City offices. F.ran appointment, please call(952)249-4620. BY: City of Orono CFO By: Planning Co mission Melanie Curtis,P anning Coordinator Published in the Sun Sailor on Octob-r 8,2009. Subscribed and sworn to or affirmed Posted at: Orono City Offices,Crystal Bay Post Office before me on this 8 day of Long Lake Post Office,Navarre Post 'ffice October , 2009. (Oct. 8,2009)a2-hrgs 1. 19-CM fL� Notary Public :!r°.'. MARY ANN CARLSON :=?dd, : NOTARY PUBLIC-MINNESOTA -iyl_ MY COMMISSION EXPIRES 1-31-14 • S CITY OF ORONO Z NING FILE: 09-3431 2750 Kelley Parkway PO Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: 20 October 2009 TO: Wagener Properties, LLC COPIES: c/o Peter Johnson 12520 Wayzata Blvd #103 Minnetonka, MN 55305 TYPE OF REQUEST: Conditional Use Permit - Grading DATE OF MEETING: 19 October 2009 Planning Commission recommended as follows: To approve the CUP as proposed. Prior to the City Council agenda for final approval the applicant should attempt to meet with the adjacent property owners to allow them to address their concerns with the plans. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: November 9th Council Meeting -- Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning & Zoning Coordinator, Melanie Curtis at 952.249.4627. *01 i Ike( c f- l2( n,i to—• Goi f?"S�r , I � p October 15, 2009 City of Orono Planning and Zoning Commission Orono, Minnesota Dear Planning and Zoning Commission Members: We are the residents of 3135, 3145, 3155,and 3175 North Shore Drive and are collectively replying to the notice of a proposed alteration to 3165 North Shore Drive by Wagener Properties, LLC. Although we are not opposed conceptually to the reconstitution of the subject property to a more natural state,we are concerned about several of the projects aspects. Specifically, our review of the proposed work creates the following concerns: • 225 truckloads of fill will be needed to complete the project. Clearly,450 trips by heavy machinery(20 to 30 times heavier than a typical car)over our driveway in common will cause damage to the point whereby repair will be a mandate. es troy The existing driveway in common is the one and only egress and access to our homes and its condition has a material impact to our property utilization an value. No singular or collective agreer ent exists to restore the driveway to a reasonable condition. We feel that such an agreement needs to be a precedent to any activity, • The engineering company(Bonestroo) reviewing the project has expressed concern over the resulting drainage post completion./We see no documentation as to how this issue has been addressed and satisfied.. • There is no mention as to the length of time the project will take. Accordingly,we are concerned that tie length of the project may negatively impact our peace and quiet over a prolonged period, • There is no mention as to how the common driveway will be kept clean and mud free during the project. With over 2200 yards at fill,there will be a tremendous amount of potential mud, dirt,and dust. Our homes will be negatively impacted by this event yet no mention or plan to address this potential damage is apparent. • There appears to be no remedy for any ancillary damage which may occur due to the size and scope of the project, Although it is impossible to predict whether or not any such damage will occur, none of us are irate ested in chasing compensatory fees should this concern become a fact. We are requesting that an agreement be drafted amongst - all parties clearly outlining the respective re possibilities of all five easement holders that utilize the common driveway before any work is commenced. • It should be noted that Wagener Properties, LLC has another access point directly off of Bohns Point Road, referenced by Bonestroo,which would accordingly have no impact on the residents of the North Shore Drive common driveway. The use of the Bohns Point access may be a better solution altogether. • • • Council for Wagener Properties, LLC has incorrectly stated that disputes between the 3165 and 3155 properties have been resolved. While the parties have at various times believed a resolution was reached, several issues remain and a formal agreement has not been completed. • The drawings submitted by Wagener Properties, LLC showing contour lines and proposed fence lines are misleading. Although they may pass from an engineering standard, if the project were allowed to proceed as submitted,the 3155 property would have no driveway access as the proposed location of the fence would block the entrance, not to mention the fact that them would be no possible emergency vehicle turnaround capability. • Again,while we fully understand the need for restoration at 3165 North Shore,we are collectively concerned about a full re-creation of the topography with its totally unknown erosion and runoff characteristics The application is misleading from the perspective of the volume of work being considered. In reality the request is 4 to 5 times higher than the inference of"more than 500 yards"which is present in the official notice. Unfortunately, due to the late notice, not all of us will be aide to attend the City Council Meeting slated for October 19. This discourse is simply intended to conveyour concerns and our hope is that you will address the collective impact on our neighborhood, before any application is approved. Thank you for your time and consideration. Yours truly, �� (t � If, i4'$L2 Kelly and Melodee Marx 3135 North Shore Drive Sever and Sharon Peterson 3145 North Shore Drive James and Paula Mandel 3155 North Shore Drive C �/''�u Michael and Cathy Russin 3175 North Shore Drive • • ih° Date Application Received: 09/23/09 Date Application Considered as Complete: 09/24/09 60-Day Review Period Expires: 11/23/09 To: Chair Kang and Planning Commission Members From: Melanie Curtis, Planning & Zoning Coordinator J �/ Date: 14 October 2009 Subject: 09-3431, 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 the property to its previous, pre-development grades. 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 - Applicant Submittals Exhibit C - Proposed Survey and Grading & SWPP Plans Exhibit D - Fill Calculations by Gronberg &Assoc Inc. Exhibit E - City Engineer Memos Exhibit F - Aerial Views — by Staff Exhibit G - Property Owners List Exhibit H - Plat Map Background In 2006, previous owners had received a building permit and associated land alteration permit in order to redevelop the property and construct a new residence. After the City issued the building permit the previous owners abandoned the project. Wagener Properties LLC is the new owner of the subject property and has requested a conditional use permit 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 the existing blacktop driveway. • • FILE#09-3431 14 October 2009 Page 2 of 2 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 Storm water 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 Stormwater 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 natural 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 nearby property. The plans have been reviewed and approved by the City Engineer specifically to assure no negative impacts on adjacent properties. (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. Not applicable. Staff Recommendation Planning staff recommends approval of the conditional use permit. III • PC Exhibit A Q1 °�O `��JIi City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: Mailing Address: For Office Use Only: 2750 Kelley Parkway P.O. Box 66 City Planner: Orono, MN 55356 Crystal Bay, MN 55323-0066 Meeting Date/Time: PC Date: Main: 952-249-4600 Fax: 952-249-4616 What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 3165 North Shore Drive Property Identification Number(PIN): 0911723330002 Zoning District: L,R - I B Size of Property: I • 3 K a.Ci -� DESCRIPTION OF REQUEST: ❑ Res.Access. Use 0 Institutional 0 Guest House/Guest Apt 0 Duplex Credit/Bldg 0 Comm/Indust Use 0 PRD/PID ® Land Alteration 0 Comm Site Plan Review ®Other: previous owner paid permit fees, plan review fees, and state surcharge fees totalling $10,873.94 and did not proceed with fill or construction of the new home. This application is intended to intended to restore the terrain to a more natural condition consistent with the previous permit issued. OTHER INFORMATION: Alf', - iu.cj t441-s ti.)cs.. crl 4.CtdA cTr.al *Please note: Your applicationw'll NOT be acce to witho t a pre-application meeting during which this form will be completed by City st . Applicant Signature: � . / _ 9/2. / 1 Date: 9 22-109 Peter . Johnson, attprney for Wagener Properties, LLC CUP and Other Land Use Applications RECEIVED Last Updated: May 26,2009 7 SEP 2 3 2009 CITY OF ORONO # 3 43 1 • • Application# o' 3 t- 1 Date Received Amount Paid CITY OF ORONO CONDITIONAL USE PERMIT and OTHER LAND USE APPLICATION PROPERTY LOCATION Site Address 3165 North Shore Drive Type of Application to be Filed land alteration, more than 500 cu. yd. Property Identification Number(P.I.D.) 0911723330002 APPLICANT Name Wagener Properties, LLC Phone(home)612-7 3 Q-2 3 4 0 Phone(work) 9 5 2-5 4 3-7 8 9 6 Address 12S2o LA.)km City ►-1 e..-fc koZip SS3oS % %.ra . OWNER(if different than applicant) Name SAME Phone(home) Phone(work) Address City Zip Date Property Acquired (month/year) I (do) (do not)also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS- $700.00 Residential Accessory Use $700.00 Institutional (church, school, etc.) $700.00 Guest House/Guest Apartments $700.00 Duplex $700.00 Commercial/Industrial Use x $700.00 Land Alteration Permit Grading and filling-designated wetland or floodplain X Grading and filling-501 cu. yd. or more - plus$700 Escrow Grading, seawall, retaining walls within 75'of lakeshore $350.00 Renewal Fee(IF no change from original application) After-the-Fact Fee- Double Current Application Fee OTHER APPLICATIONS $700.00 Commercial Site Plan Review, PLUS consultant fees Commercial Site Plan Review Escrow, $10,000 minimum $200.00 Easement Vacation,with Subdivision Application $700.00 Easement Vacation without Subdivision Application $700.00 Rezoning $700.00 Comprehensive Plan Amendment $100.00 Appeals $700.00 Zoning Code Amendment RPUD/PUD/PRD/PID-see Fee Schedule Other-see Fee Schedule RECEIVED SEP28 �"' � CITY OF CUP and Other Land Use Applications Last Updated: May 26,2009 8 • • REQUIRED SUBMITTALS 1. X Completed Application Form. tt 2. % Describe request in detail. — c:11 c��•�►,fir. L. 3. X Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis,telephone 612-348-5910). 4. X Certificate of Survey (signed by a licensed surveyor)- refer to handout for survey information. 5. Attach legal description to application if not included on required survey. 6. X Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. List of the legal names(include marital status)of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. Construction plan, if applicable(see staff for requirements). 9. As an addendum to this application,please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION(11"X 17"OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc.to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. APPLICANTS SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application,and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant'ssignature si nature Date ' Ilivat / Pe Johnson, as attorney / for Wagener Properties, LLC OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this applicat on and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members,and Council members for purposes of investigation and verification of this request. Owner's signature l l�L)( -�_ Date l2'L/CDal Pet W Johnson, as attorneyfor Wag6'nerl Properties, LLC Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building&Zoning Office of this change prior to the meeting. RECEIVED CUP and Other Land Use Applications Last Updated: May 26,2009 SEr 2 3 2009 GIVE ORONO RECEIVED PC Exhibit B SEP 2 3 200g PETER W. JOHNSON CITY OF ORONO ATTORNEY AT LAW This address by appointment only: Please direct all correspondence/inquiries to: 2305 COMMERCE BOULEVARD 15250 WAYZATA BOULEVARD,SUITE 103 MOUND,MINNESOTA 55364 WAYZATA,MINNESOTA 55391 TELEPHONE(952)475-1907 FACSIMILE(952)476-0007 EMAIL-PETERJ@PETERWJOHNSON.COM DIRECT DIAL: (952)475-1907 CELLULAR: (612)741-1907 September 23, 2009 Ms. Melanie Curtis Planning and Zoning Coordinator City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Land Alteration Permit Application by Wagener Properties, LLC concerning the property at 3165 North Shore Drive, Orono Dear Ms. Curtis: As we've discussed, Wagener Properties is requesting that the City grant a Land Alteration Permit to import fill on the property at 3165 North Shore Drive. The property was acquired by Wagener Properties, LLC in 2008 shortly after Alan and Deanna Munson abandoned their redevelopment project. The Munsons had been granted a building permit which included an approved grading plan and a land alteration permit. While the Munsons paid permit fees, plan review fees and state surcharge fees (totaling $10,873.94), the project was abandoned shortly after the old house was cleared and a screw anchor foundation system was installed. I have been told that no portion of the fee was refunded. My client had intended to proceed immediately to restore a more natural contour to the property but that plan was delayed when a boundary dispute flared up with an adjoining property owner. My understanding is that dispute has now been resolved and my client would like to proceed with restoring a more natural contour to the property. The applicant will also restore topsoil and direct drainage in a satisfactory manner. Had the owner been able to proceed with the proposed improvements in 2008, I would have presented this application as an amendment of the prior permit issued to the Munsons. Given the significant fees already paid, the applicant is requesting a waiver of fees and escrow for this application. *owl" In its current condition, the site is subject to significant erosion and the existing contours do not allow for routine mowing maintenance. While the Munsons' grading and fill plan included placement of fill at depths of 8 to 10 feet, Wagener Properties has developed a fill plan which includes maximum depths of • Ms. Melanie Curtis September 23, 2009 Page 2 fill in the range of 4 to 6 feet. While the overall quantity of fill is increased from that proposed by the Munsons, the increased fill quantifies are necessary to restore a natural contour to the property. The applicant intends to restore a layer of topsoil on the site and will seed as necessary to restore ground cover in all areas impacted by the proposed fill. While a modest amount of fill is proposed in the area within 75 ft. of the Lake Minnetonka shoreline, no fill is proposed below 931.5 and all fill proposed within 75 ft. of the lakeshore is intended only to smooth out the existing contour rather than to increase the overall elevation. In support of this Application for a Land Alteration Permit, I have submitted the following: 1. Certificate of Survey showing existing and proposed contours, legal description, boundary lines and the location of trees that could be impacted by the proposed addition of fill. The survey also shows the hardcover (existing blacktop) that will be removed when fill is added; 2. Proposed fill calculations by Gronberg & Associates, Inc.; 3. City of Orono General Permit Application; 4. City of Orono Pre-Application Meeting Form; 5. City of Orono Data Privacy Advisory; 6. Previous permit, including City Engineer notes regarding Munson fill plan and study of existing conditions; and, 7. Application Fee of$700.00 and Escrow Fee of$700.00 A Certified Property Owner's List has been completed and will be submitted within the next hour or so. Please call me if any portion of this application is unacceptable or if you require additional information to support this application. Igo)ours, RECEIVED SEP 2 3 2009 Peter . 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DATE AODEO FENCEM REVISED GruolNo DRAWN ANDAND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER SCALE LAND MINN OTSSURVEYORUNDERTHELAWSOFTHESTATEOF 1"=20' CIVIL ENGINEERS,LAND SURVEYORS,LAND PLANNERS MN. I. REVIDeUGAA R.EROS.NOTES P R .roe No. CHECKED 09-136 445 N.WILLOW DRIVE LONG LAKE,MN 55356 9EEi DATE MINN.LICENSE NUMBER SLEETS PHONE:952-473-4141 FAX:952-473-4435 • PC Exhibit D • 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, MINNE'OTA July 24, 2008 DEPTH OF FILL(FT) AREA(SQ,FT.) 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 SEP 2 3 2009 CITY OF ORONL. PC Exhibit E 2335 Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com October 13, 2009 Bonestroo Ms. Melanie Curtis Planning and Zoning Coordinator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 09-3431 3165 North Shore Drive File No. 000139-09000-1 File No. 09-3431 Dear Melanie: We have reviewed the plans for the proposed grading .roject located at 3165 North Shore Drive. The plans are dated 10-7-09. We have the following comments with regards to engineering matters: • The applicant has successfully addressed previous items and we find the plans acceptable from an engineering standpoint. If you have any questions, please call me at(651) 604-4894. Yours very truly, Darren Amundsen Cc: Tom Kellogg • • 2335 Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com September 29, 2009 Bonestroo Ms. Melanie Curtis Planning and Zoning Coordinator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 09-3431 3165 North Shore Drive File No. 000139-09000-1 File No. 09-3431 Dear Melanie: We have reviewed the plans for the proposed grading project located at 3165 North Shore Drive. The plans are dated 9-16-09. We have the following comments with regards to engineering matters: • The grading plan shows a berm and swale along the north property line that changes the existing drainage patterns. This may increase the amount of runoff directed toward 3155 North Shore's driveway. We recommend that the applicant provide one of the following three items addressing this situation. o Provide drainage calculations showing no increase in the pre and post project runoff rates for the 2, 10, and 100 year storms at the northeast lot corner. o Provide evidence that this plan is acceptable or a drainage easement from the owner of 3155 North Shore Drive. o Revise the grading plan to accept runoff near the northeast corner. • This project will disturb more than 100 CY of material. Sediment and erosion control information meeting the requirements of Orono's City Code 79-7(c)(2) must be submitted. The minimum $2000 sediment and erosion control financial security should be required of the applicant for this permit. • This project hauls in a significant amount of fill material. The applicant has provided estimates of 2267 cubic yards which equates to approximately 225 truck loads. It appears that there are two ways trucks could acess the site. One through the Bohns Point Road driveway and the other through the shared 3165 North Shore Driveway. The erosion control plan should identify the haul route and identify BMPs assuming considerable tracking will occur. • If the haul route uses the shared 3165 North Shore Drive driveway, an agreement should be in place with the driveway owner(s) or neighbors that documents the existing pavement condition and spells out specific remedies should damage occur during this project. City of Orono Page 2 Plat 09-3431 September 29,2009 If you have any questions, please call me at (651) 604-4894. Yours very truly, Darren Amundsen Cc: Tom Kellogg • PC Exhibit F k • a ,:; i 41*'• -1-ttom �' 'r .",...;;;,,,. -, -..•-:,i\ 4. ,,,0 .„,,,e,,,,.„. ,,4,,,,„„: . ,,, , „ ,...if„,,ti,t,i,„„,,,,,,„,.., --1.„ '''''''''''''''''':4:7 1,,,---'-',_'„.4„,...„-,-,::::,':-,4,...4 4110f,:''': '''' wir1111*- ' .• - • ---_:,--•,.-q,: . --- 1. - • --...,-- .. _.. - :;;4.- .... . *.7.,:- ..;.1„,: -. ... .::., ... * „.. 7) . -• . ..,..--:•-d-- -, - i--:_f;!.;!;01.0,-,;--;:c' '''''"6- -- _•''I :' : .., '-..;•,. 14 -., :,:if,,,,,,i,'....., ....,:,,,„..4,41,'-' -,,,,r.,7,,i,,,,,siv,•-•;,,',::,,,,„,,,,,,,,;.",,,,:i,t;•-s•--, .„... �f, +Mt yr { altf 4 s a :- l t .b / i ; ..• - Subject Property • `" ' \4. )ri,.., .:. .,,,,,,,.:',''',..-;'!7-. ,',,,,,,,,,,-.- a .31104 , ,...-„,_--..„, / ...'.... '7..., :::''.-.1'..,:'.. .-."'..1-',',.-:'z--. .. 'V / .,,,. 'w-i..;?4,L-4-1,------ - 1 4'---''' r-'4.7-'.- ' ' : 1414:41'!: litir1 �_ \ ate, �� 1L 1 ,�,,� 3165 North Shore Drive \��.� ,_ I7 09-3431 ' jli'-- it J'''�`. 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I ..., PC Exhibit G RUN DATE: 9/23/2009 HENNEPIN TY PROPERTY INFORMATION SYSTEM(PROPERTY 0 RS LIST) 38 08-117-23 41 0001 38 08-117-23 44 0006 38 08-117-23 44 0010 BARBARA A&DAVID W HALPER CATHERINE M SALLAS H&V SWEATT 3200 NORTH SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA BARBARA A&DAVID W HALPER CATHERINE M SALLAS HENRY L SWEATT 3200 N SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA ORONO 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 GLEN NEDDERMEYER 3160 NORTH SHORE DR 3180 NORTH SHORE DR 3186 NORTH SHORE DR MICHAEL S&DONNA D WALLACE JON&JANENE HEIDORN GLEN NEDDERMEYER 3160 NORTH SHORE DR 3180 NORTH SHORE DR 709 MINNETONKA HIGHLAND LA WAYZATA MN 55391 WAYZATA MN 55391 LONG LAKE MN 55356 38 09-117-23 32 0011 38 09-117-23 32 0012 38 09-117-23 32 0013 J A&D L ROSATI CA&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 M&V WAGENER CHLOE HELD MORAN DAVID M LEAVENWORTH 1420 BOHNS POINT RD 1480 BOHNS POINT RD 1500 BOHNS POINT RD MAURICE J WAGENER CHLOE HELD MORAN 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 SHARON L PETERSON RYAN STEWART&LARA STEWART 3175 NORTH SHORE DR 3145 NORTH SHORE DR 1406 BOHNS POINT RD MICHAEL&CATHERINE RUSSIN SHARON L PETERSON RYAN STEWART&LARA STEWART 3175 NORTH SHORE DR 15900 FLYING CLOUD DR 1406 BOHNS POINT RD WAYZATA MN 55391 EDEN PRAIRIE MN 55347 WAYZATA MN 55391 38 09-117-23 33 0016 J R&C M AANESTAD 3185 NORTH SHORE DR JONATHAN/CATHERINE AANESTAD 3185 NORTH SHORE DR WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRE AN ACLU T AN UE RESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE R.E ORD THE N NTY PAYER SERVICES DEPARTMENT. DATE: sEp 232009 BY: # 3431 HENNEPIN COUNTY MAIL LABE.ENERATOR • PC Exhibit H 1 imi.. Hennepin County Mailing Label Map 1 Provided By: Taxpayer Services Department ...• 1 m C8-117-241 (1A) 04: I-'.Z 3-3Z ;1116)/1-N.\'' NN3c's1 (131 4:1? 42) 09-117-23-31 ($) 14 k1.14 ...............................• ...............-...., n) pi ....- 17 I )2€,, (7) II --" ...„_,------' 09-i 17-2.3-34 . , 08-117-23-44 '‘ , 094..17-23-33 jz.„6-2,-,•-..-•-•„„.4-4.1itk1iir ,...._ ----':.----:____:::------ _,-- . • 1131 R3 i 15X.1 t4.1 x —7 !Le (71 i if'4471,k4"7, ,,,=4,4--,4:44,, , - For more information contact: Print Date: 9/23/2009 Hennepin County GIS Division Map Legend ----1 300 South 6th Street Map Scale: 1" = 212' Minneapolis,MN 55487 350 feet gis.info@co.hennepin.mn.us Buffer Size: Wale' Majol Roads P AI l< Min01 Roads Map Comments: Parcel i -Type Comments Here - Butte' Region --"" Selected Pal cels r 110M HENNEPIN i [._ # 3 4 3 1 , http://tsgis/Agsmailinglabels/Printing.aspx?URL=f4ae7d97-c966-49fa-8bfd-2976bb0ea9af.png&BufferSi... 9/23/2009 • Exhibit D MINUTES OF E ORONO PLANNING COMM SSION MEETING Monday,October 9,2009 6:30 o'clock p m. 6. #09-3431 WAGENER PROPERTIES,LLC,3115 NORTH SHORE DRIVE, CONDITIONAL USE PERMIT,8:09 P.M.—8:58 P.M. Peter Johnson,Attorney-at-Law, appeared on behalf of Wagener Properties, LLC. 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 to its previous, pre-development grades. In 2006,the previous owners had received a building permit and associated land alteration permit in order to redevelop the property and construct a new residence. After the City issued the building permit the previous owners abandoned the project. Wagener Properties,LLC, is the new owner of the subject property and has requested a conditional use permit 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 the existing blacktop driveway. Planning Staff recommends approval of the conditional use permit in accordance with the City of Orono regulations and the City Engineer's recommendations. Peter Johnson stated fill has been imported on this lot to correct grades in the past and that the middle part of the property was scraped down in preparation for a foundation,which was later abandoned. The grading problems have actually gotten worse over the years. They would like to regrade the property with imported fill to restore the grade and top soil. Johnson stated the previous applicant paid fees of$10,000,with no project being completed,and that they would ask that their fees be waived in recognition of the fa t that those fees have been paid by the previous applicant. Curtis requested that item be discussed with the City Coun il. Chair Kang opened the public hearing at 8:12 p.m. Mike Russin,3175 North Shore Drive, stated the neighbors have eight or nine issues with the project. The proposal shows that 225 truck loads of fill will be requ_red. The neighbors have a concern that that amount of fill and traffic on their common driveway(from North Shore Drive)will damage the roadway. The driveway is private and is the only access to their homes. The amount of truck traffic will also impact the value of their properties. Secondly,the City Engineer has expressed concern regarding drainage following the fill and no documentation has been submitted on how the issue with the slope will be addressed. There will be significant water issues given the substantial amount of fill that is involved,which could create additional water issues for the neighbors. There is also no mention of the length of time the project will take and no mention of how the driveway will be kept clean. Finally,there is no remedy for any ancillary damage that may occur due to the size and scope of the project. • The neighbors are requesting that an agreement be drafted ; ongst all parties that utilize the common driveway addressing these issues prior to any work being c emmenced on the property. Russin noted that Wagener Properties does have another access off of Bohns Point Road,which may be a better solution. Russin stated he would like to clarify that there is still an o going dispute between the property owner of 3155 and Wagener Properties. The plans submitted are mi•leading in that the fence lines would block the residents at 3155 from accessing their own driveway and a so prevent emergency vehicles from entering and turning around. Russin stated they would like to know exactly what is being proposed for this property and how it will impact their properties. Sever Peterson 3145 Northshore Drive, stated he shares the same concerns as his other neighbors and that he would have fewer concerns if the access off of Bohns Po int was utilized. Johnson pointed out they are proposing to use the Bohns Pe int access,not the North Shore access. Peterson stated he would still have a concern regarding the drainage following the placement of the fill and that he would like the City to ensure that no drainage goes on to the neighbors' properties. Currently they do not experience any runoff. The common driveway requires some patching and he is not sure how that will be handled. Peterson indicated he attempted to reach the owners twice o discuss the possibility of a gate to see if they are interested in erecting one and received no response,which has raised a concern about his ability to work with Wagener Properties. Catherine Russin stated she is unclear about how the fill is oing to look after it is brought in. Russin stated 225 truck loads is a lot and that construction is mess and noisy. Russin expressed a concern about the drainage. They have lived there for 15 years and nothi g has been done to the property except for fill being brought in and dirt being pushed around. They woul like clarification on how the property is going to look after the dirt is brought in since they have not seen any plans. Russin stated following a heavy rain,the whole front of the property is filled with rain. Mike Russin stated depending on how the property is filled,you could have a gully at a 45-degree angle, which would allow the water to run into the neighboring property. Catherine Russin stated she would like to be assured that proper drainage and grading is going to be done as part of this project. Curtis asked whether they have reviewed the City Engineer's comments and recommendations. Catherine Russin stated they have only seen the packet of information that was available last week. Curtis stated the City Engineer has reviewed the plans for drainage that may impact the adjoining properties. The City Engineers have made recommendations regarding the number of truck loads and the route to be used. The drainage impact to 3155 North Shore was also corrected and addressed by the applicant. Catherine Russin stated they have not been kept informed of what is being proposed for this property and that they would like to know what is going to happen. Curtis suggested that the neighbors could meet with the City Engineer on what is being proposed for the property and possibly review topographical information on the adjoining properties to see how it will impact their lots. • 0 Johnson stated as it relates to the contact with the neighbor,he was unaware that they had attempted to contact him and he apologizes for that. The intention of th, property owner was to get the process started shortly after purchasing the property but that a boundary di pute did arise and the property owners have been dealing with that. They are currently in the process o'fine tuning the details of an agreement,which relates primarily to the lakeshore by the Mandel home,and hey are not proposing any fill in that area. Johnson stated there currently are erosion issues and pondi g water which needs to be addressed. The appearance of the fill is designed to continue the current to e k of the front of the property. The haul road will be over the Wagener's existing property and not the co mon driveway. Before the Munsons were issued their permit to construct a home and bring in the fill ever the North Shore Drive access, a maintenance agreement was required and was executed by he neighbors. There is a common driveway access easement out to North Shore and that the agreement equires that whoever damages the driveway must repair it. They are planning on utilizing the Bohns Po nt access, so that should not be an issue. Johnson stated the Mandel's driveway, as you enter from North Shore, does utilize a small corner to turn vehicles around,which is not an issue tonight. The fence is not a part of the application tonight. As outlined in the City Engineer's report,the Wagener property,which is the low property in the neighborhood,will continue to accept drainage from all adj fining property owners and convey it to the lake,not the neighboring properties. They will be using th Wagener property for the haul road. The City Engineer has requested that they identify best practice as part of their application,which has been submitted. Erosion control measures have also passed the ity Engineer's inspection. Catherine Russin pointed out the location of their property in comparison to the Wagener property. Currently there is a gully on the Wagener property and Russin asked what will happen with that gully and whether the dirt would be brought level with their property. Johnson indicated there will be a berm and a drainage swale created, which will handle the runoff from the Russin property down to the lake. Catherine Russin pointed out they have a number of plantings in that area and asked whether any work will be done on their property. Schoenzeit stated the applicant's plan does show the proposed grading and drainage and that drainage does not appear to be an issue for the Russin's property. Mike Russin asked how much dirt is being added next to the property line. Kang stated it appears that there needs to be better communication with the neighbors and that perhaps this application should be tabled. Berg asked whether this is the same plan that was approved previously. Curtis stated this is less than what was originally proposed. Berg stated she does not feel this is the venue in which these issues should be resolved and that the application should be tabled. Catherine Russin stated they did not know about this until they were notified by the City. Russin indicated they would appreciate the opportunity to discuss what is proposed to be done with the applicant. Curtis stated Staff could set up a meeting with the neighbors and the City Engineer and perhaps the applicant's engineer prior to the city council meeting. • • Schoenzeit noted there has been a review done by the City Engineer and that he has approved the work. Kang suggested that the Planning Commission move this forward and that a meeting be arranged with the neighbors. Catherine Russin asked what would happen if they still had concerns following the meeting. Kang indicated they could appear before the City Council. Johnson stated he is willing to meet with the neighbors individually and explain as best he can what is provided for in the drainage plan and the best practices plan and erosion controls that are being proposed. Johnson stated he was not aware of the neighbors' concerns until tonight. Johnson requested the Planning Commission move this application forward. Peterson requested the application be tabled until the issues are resolved. Berg stated the Planning Commission does understand wha is being proposed,but that the motion could be contingent upon the applicant's engineer or representative meeting with the neighbors. Peterson asked why this is being moved forward if the neighbors' concerns have not been addressed. Berg noted meeting with the neighbors would be a condition of the motion,and that if they feel their issues have not been addressed,they can address the City Council. Berg stated the Planning Commission understands what is being proposed and that the City Engineer has reviewed and approved the work. Schwingler stated the public notice is part of standard procedure and that the issues raised by the City Engineer were addressed in a revised plan. Schwingler recommended the neighbors meet with the applicant's representative and the City Engineer. Chair Kang closed the public hearing at 8:49 p.m. Berg moved to recommend approval of Application#09-3431,Wagener Properties,LLC,3165 North Shore Drive,granting of a conditional use permit', in accordance with the City Engineer's recommendations,subject to the applicant and/or his re s resentatives meeting with City Staff,the City Engineer,and the neighbors prior to the next City ouncil meeting. Curtis requested the neighbors contact her if they do not he:r from the applicant. Schoenzeit seconded the motion. VOTE: Ayes 5,Nays it. I • 1(}6 Date Application Received: 09/23/09 ke 1)444) 221SIC�r-� Date Application Considered as Complete: 09/24/09 n /! �/ 60-Day Review Period Expires: 11/23/09 ��%'G(/1 Q�C(/I nawe39 , t p To: Chair Kang and Planning Commission Members IVl-ate/S- From: Melanie Curtis, Planning & Zoning Coordinator (7/ Date: 14 October 2009 Subject: 09-3431, Peter Johnson on behalf of W:gener Properties. LLC 3165 North Shore Drive 4-2 tat 01440 CIA d F f'(I • Conditional Use Permit - Grading GUN C€n1 cd a707rGJ" driven/al, 6J• Public Hearing dG�` 4 _ Zoning District: LR-1B, One Family Lakeshore Residential [• Ot-GLGv17, Lot Area: 1.5 acre (65,658 s.f.) o rn rYt-C Lot Width: 173' at the shoreline, and 149' at the 75' se • &leis 0/ Application Summary: The applicant is requesting a conditiona ��- f- GGJ icD•,-t- land alterations in excess of 500 cubic yards in order to rest' previous, pre-development grades. d u/J.c /2-d'i/'lf Staff Recommendation: Planning Department Staff recomrr o gri f � a c,c{�S conditional use permit in accordance with the City of Orono re • Engineer's recommendations. 77/i..-C prJ� � (,ULZ t ' o Pertinent Zoning Ordinance Sections l4 0-0t be�h p 6r14 ( Sec. 78-911. Purpose Sec. 78-916. Granting of permit r Sec. 78-966. Land Alteration $ �rvr 1- La' '� Sec. 78-1286(e). Topographic alterations/grading and filling lico-yrea List of Exhibits seyeiy i e ..por1 ----- Exhibit A - Application 1 n'r I6 I's jv t-ht ce'-S Exhibit B - Applicant Submittals u4 Exhibit C - Proposed Survey and Grading & SWPPI Plans Exhibit D - Fill Calculations by Gronberg &Assoc Inc. Exhibit E - City Engineer Memos Exhibit F - Aerial Views — by Staff Exhibit G - Property Owners List Exhibit H - Plat Map Background In 2006, previous owners had received a building pe mit and associated land alteration permit in order to redevelop the property and construct a new sidence. After the City issued the building permit the previous owners abandoned the project. agener Properties LLC is the new owner of the subject property and has requested a conditional u e permit 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 the existing blacktop driveway. Sian ` be ns IP10-fi t veu)ag,4-6 col • • FILE#09-3431 14 October 2009 Page 2 of 2 1 Conditional Use Permit Analysis According to Section 78-1286(e) the following considerations and conditions must be adhered to WI& 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 Storm water 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 Stormwater 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 Stormwater Pollution Prevention Plan as submitted and approved by the City Engineer. 41), (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 natural 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 nearby property. The plans have been reviewed and approved by the City Engineer specifically to assure no negative impacts on adjacent properties. (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. Not applicable. Staff Recommendation Planning staff recommends approval of the conditional use permit. • • 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#09-3431, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 9th day of October, 2009. Monica Fadness • • CITY OF ORO VO 2750 Kelley Parkway, .0. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, October 19, 2009, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 09-3405 Frank Masserano III on behalf of Internatio al Ministerial Fellowship, 2477 Shadywood Road, B-4 zoning district, requests a comm rcial site plan review and 500'-1000' zone hardcover variance to allow 44.2% hardcov r where 45.9% currently exists and 35% is normally allowed in order to construct a new hovered entry and a rear deck on the existing building and remove hardcover on the property. 09- 3418 Dennis Batty on behalf of Brook Investment Group LLC, 3421 to 3435 Shoreline Drive, B-1 zoning district, requests commercial site plan approval to enlarge the existing commercial building with additions to each end. The proposal includes structural coverage, hardcover, parking lot setback and building setback vari noes as well as a variance to the number of required parking spaces. 09-3425 Hugh P. Morris on behalf of James Johnson, 6 0 Big Island, RS zoning district, requests an after-the-fact conditional use permit and aft r-the-fact hardcover variance for lake-side retaining walls and a patio within 75' of the OHWL. 09-3428 Michael & Marilyn Huthwaite, 3382 Bayside Road, LR-1A zoning district, request the following variances in order to build a new single family residence on the property: lot area, lot width, 75' creek setback, hardcover variance to allow 11.2% hardcover within the 0-75' zone where 11.4% hardcover currently exists and 0% is allowed and to allow 33.6% hardcover within the 75'-250' zone where 11.1% exists and 25% is normally allowed, and a conditional use permit for grading within 75' of he creek in order to stabilize the creek bank. 09-3429 Karen Feyo, Mark Fuller and Stacy Nakaya, 4055 Elm Street, LR-1 B zoning district, request renewal of a lot area variance in order to build a new single family residence on the vacant property. 09-3430 WJM Properties, LLC, 2605 Wayzata Boulevard, I zoning district, requests renewal of a commercial site plan review and conditional use permit in order to construct an addition to the existing building and complete construction,of parking lot improvements. 09-3431 Wagener Properties, Inc. 3615 North Shore Drive, LR-1B zoning district, requests a conditional use permit in order to conduct site grading in excess of 500 cubic yards on the residential property. 09-3432 Chris Gerardi, General Manager, on behalf .f the Wayzata Country Club, 200 Wayzata Boulevard, RR-1B zoning district, request a conditional use permit to construct an addition to the existing maintenance building at 430 Old Long Lake Road. • RUN DATE: 9/23/2009 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE: 1 38 08-117-23 41 0001 38 08-117-23 44 0006 38 08-117-23 44 0010 BARBARA A&DAVID W HALPER CATHERINE M SALLAS H&V SWEATT 3200 NORTH SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA BARBARA A&DAVID W HALPER CATHERINE M SALLAS HENRY L SWEATT 3200 N SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA ORONO 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 GLEN NEDDERMEYER 3160 NORTH SHORE DR 3180 NORTH SHORE DR 3186 NORTH SHORE DR MICHAEL S&DONNA D WALLACE JON&JANENE HEIDORN GLEN NEDDERMEYER 3160 NORTH SHORE DR 3180 NORTH SHORE DR 709 MINNETONKA HIGHLAND LA WAYZATA MN 55391 WAYZATA MN 55391 LONG LAKE MN 55356 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 M&V WAGENER CHLOE HELD MORAN DAVID M LEAVENWORTH 1420 BOHNS POINT RD 1480 BOHNS POINT RD 1500 BOHNS POINT RD MAURICE J WAGENER CHLOE HELD MORAN 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 SHARON L PETERSON RYAN STEWART&LARA STEWART 3175 NORTH SHORE DR 3145 NORTH SHORE DR 1406 BOHNS POINT RD MICHAEL&CATHERINE RUSSIN SHARON L PETERSON RYAN STEWART&LARA STEWART 3175 NORTH SHORE DR 15900 FLYING CLOUD DR 1406 BOHNS POINT RD WAYZATA MN 55391 EDEN PRAIRIE MN 55347 WAYZATA MN 55391 38 09-117-23 33 0016 J R&C M AANESTAD 3185 NORTH SHORE DR JONATHAN/CATHERINE AANESTAD 3185 NORTH SHORE DR WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRE AN ACCUR T AN UE RESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RE ORD THE N UNTY PAYER SERVICES DEPARTMENT. DATE: SEP 2 2009 BY: TAN3AV-OD-008-1 1 Wldn-dod paogai al aaianaa 3uauaa6aey� LUOYRaaAe'MMM •40 I ap uge aany�ey el a za�edaa ' ap suas ®09LS®A213AV l!aege6 al zasmn nbq ® aaiad a salpej.sa;}anbq 38 08-117-23 41 0001 38 08-117-23 44 0006 38 08-117-23 44 0010 BARBARA A&DAVID W HALPER CATHERINE M SALLAS HENRY L SWEATT 3200 N SHORE DR 3220 BOHNS POINT LA 3225 BOHNS POINT LA ORONO 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 GLEN NEDDERMEYER 3160 NORTH SHORE DR 3180 NORTH SHORE DR 709 MINNETONKA HIGHLAND LA WAYZATA MN 55391 WAYZATA MN 55391 LONG LAKE MN 55356 38 09-117-23 32 0011 38 09-117-23 32 0012 38 09-117-23 32 0013 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 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 WAGENER CHLOE HELD MORAN 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 SHARON L PETERSON RYAN STEWART&LARA STEWART 3175 NORTH SHORE DR 15900 FLYING CLOUD DR 1406 BOHNS POINT RD WAYZATA MN 55391 EDEN PRAIRIE MN 55347 WAYZATA MN 55391 38 09-117-23 33 0016 JONATHAN/CATHERINE AANESTAD 3185 NORTH SHORE DR WAYZATA MN 55391 # 3 4 3 ..,..i, .,,,1a6p3 do-dod asodxe Jade as a , ©09LS ®A 13AV' 0 i oa.au!!6uose puag powy 3 ®0915 �el��al®�(aany asn slaae1 —iaa,4 ASPZ • 411 Melanie Curtis From: Peter W. Johnson [peterj@peterwjohnson.com] Sent: Wednesday, September 30, 2009 3:48 PM To: damundsen@bonestroo.com Cc: morrie.wagener@morries.com; Melanie Curtis; 'Mark Gronberg' Subject: Fill Permit Application - 3165 North Shore Drive Attachments: Drainage Easement.pdf Dear Mr. Amundsen: As we discussed, I represent Wagener Properties concerning its ap lication for a fill permit on the property at 3165 North Shore Drive. I have reviewed your engineering comments d ted September 29. At this time, we are reviewing the two alternative access points. Our strong preference will be to access the fill site over Morrie Wagener's adjacent home site (1420 Bohns Point Road). I've also made contact with Mark Gronberg regarding the drainage issues you raise on the northeast corner. In considering the issue,the drainage easement over the Mandel pro erty and benefiting the fill site property may be relevant. A copy of that easement is attached. I'll contact you prior to the Planning Commission meeting with specific responses to each of the issues raised in your comment letter. Peter W. Johnson 15250 Wayzata Boulevard, Suite 103 Wayzata, Minnesota 55391 peterj@peterwjohnson.com Phone: 952-475-1907 Fax: 952-476-0007 Cell: 612-741-1907 The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. 1 • • --I. 0 ---4?--. / O O) 7CITY of ORONO v$4, i ; ry -l4 Municipal Offices i G t� v ,f ) ¢.) Street Address: Mailing Address: _fESU_ / 2750 Kelley Park y P.O. Box 66 Orono, MN 5535 Crystal Bay, MN 55323-0066 25 September 2009 Dear Applicant: RE: October Planning Commission date You received a letter from me, dated September 24th related to your recent land use application. Within this letter there was a typo regarding the date Of the October Planning Commission meeting. The October Planning Commission date is Monday, October 19th at 6:30 pm. Not as previously noted. I apologize for any confusion this may have caused. Flease feel free to contact me by phone at 952.249.4267 or email mcurtis anci.orono.mn.us . Sincerely, CITY OF ORONO Pa Melanie Curtis Planning & Zoning Coordinator Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us • zik, N 7/0 0 ,� CI Y of ORONO 1 Municipal Offices v r; • Street Address: Mailing Address: \ � Eg lde*7 2750 Kelley Parkw y P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 24 September 2009 Peter Johnson 12520 Wayzata Blvd, Suite 103 Wayzata, MN 55391 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #09-3431 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 the item the City of Orono is requesting to complete our review: ✓ Escrow Agreement. You have submitted a check in the amount of $700 for the application escrow. Please complete the enclosed escrow agreement and submit as soon as feasible. Application #09-3431 is incomplete. If you wish to proceed with your application please submit the items requested above by Monday, September, 28th in qrder to remain on the October 21st Planning Commission agenda. Please call me at 952.249.4627 or email at mcurtis a(�ci.orono.mn.us should you have any questions. Sincerely, City of Orono t/UIU1'' /L, Melanie Curtis Planning & Zoning Coordinator encl Telephone(952)249-4600 • FaX(952)249-4616 www.ci.orono.mn.ts • MEMORANDUM Date: 24 September 2009 To: Tom Kellogg, City Engineer From: Melanie Curtis, Planning & Zoning Coordinator RE: File # 09-3431 for 3165 North Shore Drive Please review the enclosed information for a conditional use permit/land alteration permit for fill. I have included the application, the applicant's letter and comment letters from the previous "Al Munson" proposal from Bonestroo and Bruce Vang for your additional information. Please provide comments by Monday, October 5 for the October 21 Planning Commission meeting. Please call me at 952.249.4627 if you need additional information or if you have any questions on the attached information. Thank you, • LAND USE APPLICATION ESCROW AGREEMENT Application# D 9 - '3 q 3 1 AGREEMENT made this 2-14f4day of S..e - e,s,, 6t. 20 09 , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Le) L, n s •n4--i4_1 -LC- - [a corporation—optional] ("Owner"). Reqltals 1. Owner has fled Zoning Ap ii ation# O - 3LI 3 t formally requesting the Cit to review plans for L_. U S.2. �.a��-t a, �- [,cr ± 4111 •,,,,s c cca" SY0C)c.M•ctoat located at "Z j la on..1 az.Q i -e C�n cr,-,c ) �1 the"Subject Property")as more fully shown and described on Exhibit"A"attached hereto. 2. Owner requests the Cit to review sjj id p ns which red ire i approval includin CDcD s. . 3. The Citris willing to 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 Owner shall deposit $ `7oce.oo 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 Owner, reviewing the plans, and preparing agenda packet material for City Council review of application # Oct - Y1 31 . Eligible expenses shall be consistent with expenses the Owner 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 Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall notify the Owner of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as directed by the City, or the City shall discontinue all review. 6. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owner when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owner, 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 366.0112. t. CITY: CI NO OWNER: t a � 'ntn. L LC. By: --'[ By: --_ Its: l J m L�y.S u Its: ,,.�, t A< ..,,k-- iii iV4Cali d69!ta I4• i 1 '-p ,.`. >Ciji �,. �.in..��.s:�parYmeit',r:�=.,? I EXHIBIT A (Property at 3165 North Shore Drive in Orono, Hennepin County, Minnesota) That part of Government Lot I, Section 9, Township 117 North, Range 23 West of the 51h 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 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 a distance of 102.5 feet to the North line of the South 1160.8 feet of 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 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. Together with an easement 12 feet in width for private driveway purposes, the centerline of said easement being described as follows to-wit: Commencing at the Northwest corner of Registered Land Survey No. 1113, Hennepin County, Minnesota; thence northeasterly along the north line of said Registered Land Survey a distance of 10.46 feet to the actual point of beginning of the centerline to be described; thence deflecting to the right 108 degrees a distance of 82 feet; thence along a tangential curve to the left with a radius of 123.111 feet a distance of 77.35 feet and a chord distance of 76.08 feet; thence southeasterly along a tangent 40 feet; thence along a tangential curve to the right with a radius of 21.23 feet a distance of 26.07 feet and a chord distance of 24.50 feet;thence southwesterly along a tangent 68 feet and there terminating. C:\Users\aaPWJactive\Wagener Properties, LLC\EXHIBIT A-Legal Description.doc fa 111/ j AA`` City of Orono FOR CITY USE ONLY / ` 'O P.O.Box 66 Date Received: Permit# 27.50 Kelley Parkway IA iy' i Crystal Bay,MN 55323 +t' „ (952)249-4600 Amount: S C.U.P Filed: Approved By _ _ Site Plan: Recommends: Approval 0 Denial 0 CITY OF ORONO- USER DEFINED/GENERAL PERMIT (All permits must be approved by the Building Official andior Zoning Department) Job Site/Owner Information: Site Address: 3165 North Shore Drive Owner: Wagener Properties, LLC ling Address: 12520 Wayzata Blvd. Minnetonka 55305 City: Z p: Home Phone: (952)543-7896 Alternate Phone: (952)475-1907 Contractor/Applicant Information: Contractor/App.: Counsel Peter W.Johnson pp.: Contact Person: Address: 15250 Wayzata Blvd., Suite 103 State License#: City: Wayzata Zip: 55391 Expiration Date: Phone: (952)475-1907 612-741-19 0 7 Alternate Phone: TYPES OF USER DEFINED PERMITS ❑ Stairway to Lake ❑ Retaining Walls ❑ Temporary Trailer General—User Defined Surcharge General—User Defined Surcharge General—User Defined *(Per UBC) *(Per UBC) *$30.00 *Estimated Cost: $ *Estimated Cost: $ O Docks—One Time(Non—Lake Mika) ❑✓ Land Alteration ❑ Zoning Review General—User Defined Surcharge General—User Defined General—User Defined ❑ Commercial—(Per UBC) ® 0-500 Cubic Yards *For 0-75'Zone-$30.00 *Estimated Cost:$ $50.00(Needs Site Plan) General—User Defined 151 501+Cubic Yards ❑ Residential- $30.00 $50.00(NeeelsC.U.P.) VED inTree Removal General—User Defined �p s;j 2®®( *Within 0-75'-$30.00 SEP 2 eP t .rrY OF (SONG 1 herby apply for a User Defined Permit and I acknowledge that the information above is complete and accurate;that the work will be in conformance with the Ordinances and Codes of the City and with the State Building Code; that I understand this is not a ermit and work is not to start without a permit; and that the work wi lobe inacco nce wit th a rov plan. 2'2. /C� 9 / 1 Applicant r W. Johnson, G&ieral Counsel Date 3IO43 65 West Highway 36 • St. Paull MN 55113 II Bonestroo Rosene Office: 651-636-4600 • Fax: 651-6:6-1311 im vii Anderlik& www.bonestroo.com Associates Engineers&Architects '1 BCEIVED July 12,2005 ,JUL 1 5 2005 Ms.Melanie Curtis CITY OF ORONO Planner City of Orono Post Office Box 66 Crystal Bay,MN 55323 Re: 3165 North Shore Drive File No.000139-05000-0 Plat No.05-3135 Dear Melanie: We have reviewed the site plans dated June 30,2005 for the proposed improvements to 3165 North Shore Drive.The site improvements include the construction of a new home and associated grading. We have the following comments with regards to engineering matters: • The grading plan shows a proposed swale west of the home that drains southerly onto the neighboring property. The grading plan should be revised so this swale contains water on the subject property. • The proposed driveways are shown at the maximum allowed grade of 10%. If this project goes forward care should be taken when constructing the driveways so as not to exceed the 10%grades shown. • The proposed retaining walls along the driveway to the garage exceed 11-feet in height and will require a separate engineered design and detail submittal for review and approval. • The estimated fill required to construct this project is 1350 cubic yards.This equates to approximately 130 truck loads of material that will be imported to the site over the existing shared driveway. There should be some agreement in place between all users of the driveway prior to work on the site that identifies who is responsible for any damages caused by this home construction. • The proposed storm sewer system raises several concerns.The storm sewer shown to serve the driveway to the garage will likely be problematic in larger rain events or when the inlets clog.It is likely the garage could flood as there is no emergency overflow for storm water that cannot enter the storm sewer system. The proposed storm sewer shown east of the home discharges directly to the lake. This is not acceptable and an alternative design should be incorporated into the plan set that routes water towards the lake overland and not through a pipe to enhance water quality. • It is unclear if the existing bituminous driveway shown along the north lot line will remain or will be removed.It appears that the access to the home will be across the shared driveway to the north and if so the existing driveway should be removed to minimize hardcover on this site. • It appears there may be a sanitary sewer manhole located near the northeast corner of the property. The city should verifythe manhole location and easement status.The manhole should be shown on the gradingplan and an easement provided over it if the manhole is on the subject property and no easement exists. If you have any questions please call me at(651)604-4863. Yours very truly, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES, INC. i .3."-^ //.adL�` RECEIVED Tom Kellogg rie" SEP 2 3 2009 Cc: Greg Gappa. City of Orono CITY OF ORONO # 3 43 1 St. Paul, St. Cloud, Rochester, MN ■ Milwaukee, WI • Chicago, IL Affirmative Action/Equal Opportunity t mployer and Employee Owned • • • • IN 411 File#05-3135(Total P.,pges 86) • • • • • I GI t F � 3 o • • 3 • ,,,.,�,..,d,• T ' T r ' • f f • • •. „Ex..4. Conda�hans:,f.r • !!' ,• 5 oo�s'os"w. , : ' ' i, ig 'LCg•: 'f • .A, 1"."--..7."re--."-- �j ti ••'+• ts.. ... ,r.�.�i 4 lg�'- rv`'- - - ACGhWC.WUL• - A-OS _.__77 q ,r• r t:.. • j . ,.SY. _ ,;•' `4�'•-05Q-''"ir" .` _ -'-..6�_Ykp,):__:._. _ r+r-:.▪ ,t, '_, � • • ?kg'if' 44 -r$-- •••• •{•' • ':•• iai•a,':=�' ----'___-r-^- -_ ,t a P' • • 'f.:.;Vile I.. 'ti r;4'.,:..:i•• aei,.yi.•r:w' .� • --R-.E«rr li':Os` t !'r.ti, -- • ', ..rr. '.$•i.: •iii3-,'^r" rIlT',_ ,i,,.:._t4:1'i:/•.� i*r•br ?..:.:-•''----•'. '�__:: ,,.1 ale) • /•t*i ,.J,,- • �F'!wtg,•5, '`•bQp'-" i+• ;T 'd' - -- -.i` •'� .3`JV,2lV`3 t. _ ''+t, •. r-c t,'r,S' K: ••rd / 'e^yJ" �•:W %•%gw.,, • t ti'.Y. 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My_>„ �:a.?': -\ r� Ii ~•?�Va'JL31' i�'4 'N� •i — a `-. .p\ s oo w i . • p 1 • .:.•. ' Y.ir: 4.1., 4.'-�`,.,.,•.,.{:a». 5....:.> ::i r.�. ..r": • • •�^t., 'i` .• •f• !••l:"ii�'yf ..�_Y,•: 7r: y�, "a•• L�' '4":1.tru :';r,^ 'Y�1.•-•-t'ni-?r.:••••• '- .�+..t'ch:":"•':, r-.iJ•', t. •• v^,• 3,ri-::•;..i:«Rn..,ryr, '..• •••.,?,r•�'7.1•�.:_i:5 • •F• . . ;•i, '�f �.4"''�;'it',eir:.m$�;+'r•' • •t-+ �` >:': -'i.• � .... �,J.r. .>rs.....t�.n::'..'.., ., i:'` :z••'r:'ttr,:t''3rs'�,4`tr3�z>i'.�L'ti}a... ,e.j;S:;:;:iw..::.tili.4'�?;•M:.. • . •7 '•'4) '' • ' .n'xzel•%".•••\;:'r:.Y;i:.r:•r �z.,,, • • ,. . • d.• •S�Kf! .•:M.�`4�i....y.•.•y ' Vegeri� • 'ii': Y„ •r1 s •.' ... .. 9.),„. :(� , C. •n'�i;. .,.:C'::y ii''. '1•A•+•�K:+aV•.i i.•e'i.`th'v... '.:r;j',;+,'� • .. .. kf��{[lrt.. F 1 ,,• .. •\ - I•- .r'. .4z.: :ur,:.' ... . . • • J•....,'..41,,i` .•,•• ...-.. ..ff ,•,e.' 4• \` ...ur•16,- " m,.. r .•,w,,+(,Y''S:•-.�•�• .r'}. '�I;, 'Y l'. l • ° _ L ts:• n.01.� .:._• 1••.!- ••! ,S, VY�/ ' s• g z4; • • .. >�� :5,: Pitir r ,;,• v. `t. '„•;'� .�;3' ,° i r, Flog• ��, •.' • t, • • rr • 0 RECEIVED PETER W. JOHNSON SEP 2 4 2009 ATTORNEY A LAW C'TyoFCRCNC This address by appointment only: Please direct all correspondence/inquiries to: 2305 COMMERCE BOULEVARD 15250 WAYZATA BOULEVARD,SUITE 103 MOUND,MINNESOTA 55364 WAYZATA,MINNESOTA 55391 TELEPHONE(952)475-1907 FACSIMILE(952)476-0007 EMAIL-PETERJ@PETERWJOHNSON.COM DIRECT DIAL: (952)475-1907 CELLULAR: (612)741-1907 September 23, 2009 Ms. Christine Mattson Planning Assistant City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Application of Wagener Properties, LLC for a Land Alteration Permit concerning the property at 3165 North Shore Drive, Orono Orono Land Use Application No. 09-3341 Dear Christine: Attached is the Certified Property Owner's List prepared by Hennepin County. This submittal should complete your pending Application No. 09-3341. If you need anything further please let me know. tryouU--31(1,--- s, - er W. Johnson PWJ/jh Enclosure \\PWJDESKTOP\SharedDocs\aaPWJactiye\Morries Bohns Point\City or Orono Itr(9-23-09).docx HENNEPIN COUNTY MAIL LABE•ENERATOR • Page 1 of 1 H.anepen Hennepin County Mailing Label Receipt Provided By: Taxpayer Services Department Print Date: 9/23/2009 10:26:54 AM Company or Homeowner Name: TOTAL COST' $25.00 Contact Person: JEAN HENNINGER Contact Address: - -, MN - Contact Phone: 952/ 475-1907 Comments: Buffer Distance: 350ft Mail Label Count: 19 PID LIST: 38 08-117-23 41 0001, 38 08-117-23 44 0006, 38 08-117-23 44 0010, 38 09-117-23 32 0008, 38 09-117-23 32 0009, 38 09-117-23 32 0010, 38 09-117-23 32 0011, 38 09-117-23 32 0012, 38 09-117-23 32 0013, 38 09-117-23 32 0018, 38 09.117-23 33 0001, 38 09-117-23 33 0002, 38 09-117-23 33 0003, 38 09-117-23 33 0004, 38 09-117-23 33 0005, 38 09-117-23 33 0009, 38 09-117-23 33 0013, 38 09-117-23 33 0015, 38,09-117-23 33 0016, II # 3431 http://tsgis/Agsmailinglabels/FormReceipt.aspx 9/23/2009 4111 r , .� N� G4 Aicpav�p fl TA' X=PAID TAIOES TRANSFER ENTERED DEC 22 2006 A MINN. Henn Co SOT iirir KXS 4 3450 12/22/2006 EXEMPT H/UOCS'' 27-M—QUIT CLAIM DEED Miller/Davis Co.41 St.Paul,MN 851-842.1988 Individual(s)to Individual(s) (Top 3 inches Reserved for Recording Data) Minnesota Uniform Conveyancing Blanks(1/15/97) DEED TAX DUE:$ 1.70 Date: December aa;2006 FOR VALUABLE CONSIDERATION, lames L Mandel and Paula S Mandel husband and wife (marital status) Grantor,hereby conveys and quitclaims to Allen Munson and Deanna Munson Grantee,real property in Hennepin County,Minnesota,described as follows: An easement for drainage purposes over and across that part of Government Lot 1,Section 9,Township 117,Range 23 West, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the east line of the west 442.93 feet and the north line of the south 1058.3 feet of said Government Lot 1; thence northerly along said east line a distance of 35.00 feet; thence southeasterly to a point on said northerly line distant 55.00 feet easterly of said point of beginning;thence westerly 55.00 feet to said point of beginning, for the benefit of and appurtenant to property owned by Grantee and described on Exhibit A attached hereto and incorporated herein by reference, The total consideration paid for this transfer of real property is less than$500.00, together with all hereditarnents and appurtenances. Check box if applicable: ❑The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. James L.Mandel Affix Deed Tax Stamp Here (/l/ Paula S.M. del STATE OF MINNESOTA • COUNTY OF . kid . t. }SS. This instrument was acknowledged .efore me on t)ecemher o't7;2006 Date by James L.Mandel and Paula S.Mandl,hntand and wife N, ,OR SEAL(OR OTHER TITLEo )n J'\�n` ,l"1�,... DEANNA MUNSON SIGNATURE OF OROThEROFFIOAL����� ( t NOTAAYPUBLIC•ABDWESOTA i 3;'�, ' Uy Con mhn!spirit 1111.11,201D Check here ifpart or all of the land is ....... _ Registered(Tornns) ❑ Tax Statements for the real property described in this instrument should be sent to(include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY(NAME AND Aft'DRUSE Grantee's Name and Address: Fredrikson&Byron,P.A. (2006) Allen Munson 200 South Sixth Street,Suite 4000 3165 North Shore Drive Minneapolis, MN 55402 Wayzata,MN 55391 BAO: 121806 ntc:munson WARNING:UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. • EXHIBIT A Legal Description That part of Government Lot 1,Section 9,Township 117 North,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 s id 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 istance of 102.5 feet;thence East parallel with the South line of said Government Lot a distant of 211.0 feet,more or less,to the shore of Lake Minnetonka to the actual point of beginning o the land being described;thence West along the last described line to a point distant 442.93 f t 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 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. 4125456 1.DOC • III III I I 1111ll I lUll ll II Doc No 8912406 12/22/2006 02:47 PM Certified filed and or recorded on above date: Office of the County Recorder • Hennepin County,Minnesota Michael H.Cunniff,County Recorder TransiD 278923 Deputy 9 Fees $35.50 DOC $10.50 SUR $6.00 COPY $52.00 Total • • July 18, 2005 To: Planning Commission and City Council Re: 3165 North Shore Dr File #05- 3135 This proposal involves an extreme amount of fill. The entire basement is completely above original grade and fill is piled up to create a walkout. A large portion of the lot gets 8-10 ft of fill until finally the far side of the circular driveway touches back to grade. Large quantities of run off get pushed toward the property lines. On the north side the house is placed as closely as possible to a 90 degree turn in the property line. Storm sewer and berms are proposed to catch the water and deliver it directly to the lake. 1. When these drains are plugged or frozen there is no overflow swale, and it would be difficult to get the water to make a sharp left turn at this point if a swale were provided. 2. The storm sewer dumps directly to the lake instead of stopping at the 75 foot setback. 3. There seems to be little to catch the water coming down from the circular driveway and steer it toward the catch basins. On the south side the drainage appears be directed over the top of a retaining wall. The huge pile of fill will be difficult to contain during construction. Especially if it rains. I think the project might be do able if: 1. The house is moved about 20 feet further back from the lake 2. Fill decreased from 8-10 feet to 2-4 feet 3. Hardcover is decreased. 4. Overflow swales are designed in 5. Storm sewer exits at least 75' from the lake However, I would want to review the revised drainage plan before any approval. Bruce Vang Building Inspector RECEIVED SEP 2 3 2009 # 3 43 1 CITY OF ORONO r - - . • PERMIT CITY 2750 Kelley Parkway - PO Box 66 Permit Number: P10623 Crystal Bay, Minnesota 55323 Permit Type: New Structure (952) 249-4600 Date Issued: 12/29/2006 SITE ADDRESS: 3165 North Shore Dr Unit# Wayzata,MN 55391 PID: 09-117-23-33-0002 DESCRIPTION: UBC Occupancy R3 Construction Type VN Proposed Use: Residential Census Code 101 Permit Class: Building Permit Sub-type(s): New Home-Single Family Permit Type: New Structure DETAILS: Approved per resolution#: Separate permits required: Plumbing Mechanical Fireplace Sewer Connection Irrigation Well(state)Electrical(state) NOTICES/REMARKS: SAC Paid#4278 - 11/24/75-Reclaim Demo Credit P10472- 10/23/06 FEE SUMMARY: Permit Fee: $ 6,238.75 Valuation: $ 1,200,000.00 Plan Review Fee: $ 4,055.19 State Surcharge Fee: $ 580.00 TOTAL FEE: $ 10,873.94 APPLICANT: Owner/Self OWNER: Allen&Deanna Munson • MN 3165 North Shore Dr. Wayzata,MN 55391 THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE THE R AL IMPROVEMENTS SPECIFIED "..ND AGREES TO DO ALL WORK IN STRICT COMPLIANCE WITH ALL CI Y OF ORONO ORDINANCES AND STATE OF ESOTA BUILDING CODE REQUIREMENTS. RECEIVED `s 2 3 2009 (927Y-L,7 ,mac' SEP ANT PERMITEE SIGNATURE ISSUED BY SIGNATURE CITY OF OF F: Copies: I-File(Signatures Required), 1-Applicant, 1-Monthly Reports, 1-Assessing,(If Septic, I-Septic) atil pag • DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subject. of data", we would like to inform you that your request for a permit or license from the City of Orono or a y 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 tI 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 M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. Wagener Properties, LLC First Middle Last 12520 Wayzata Blvd. Address Minnetonka MN 553Q5 952-475-1907 City State Zip Phone I understand my rights as stated above. Signature Pete . Johnson, as att rnpy for Wagener Properties, LLC RECEIVED CUP and Other Land Use Applications Last Updated: May 26,2009 SEP 2 3 2009 io CITY OF ORONO # 3 431 SCtP6L4-ZS6:Xtld LVLPELAlk ONd """ "",?'". ✓eu'-a ay. 9SCSS NW'3)Itll°JNOI 3NN0 N 94V anq <jy/"'He' aveQ22 SL OA 3NNYld ONYI'Sa3ANflS ONYI'Stl33NIDN3 NAM ,p.,l ,,,,A,,,, a.r..ara .. w� ONI`S31VI3OSSV'8�J2138NO ID "`"`cc5>�A,,�1Ir,3a AB MVO y upanliOxOLLv31Al0adaxvb£11.1. .M11..DABRINNA'0.01534 SI9 IOSIL3b W O a : , N 44 N N__.=,„4 3 J w \ P �' � �N 55 k 1g 1 t, OWrI W w \ oswl m.ao:lo.00s g LL Z r y Ea \ WI x> Z $Z , ; ,- ______.....„ o - ' } - - Y /' \V \\ UUO t : ` , d =5 W I\ $- \\\ sa W \ / Z 2 \ \ % wa_, r j • v 6 i \\ 1 `` -^` •1O; of _.- Sa g hi d - e a �f 0 tit- \ M " _ Ri-<-i \\� `� ---�•-_ ail ic' f • \ % y , .,,#.-, ,......_.....-so--— j/ %/ _ \ - - -moo--- \ '01' - / /�_ „ _--_- - -----_—__---,._— -. a 2;.:., «— _ r' ; s VP- / // s 1 I / ' / a is.o.oea• -\ k•62 �-• g C5.glgWg =W " "a i r. i�'°" i ♦ / I U £ ae�"°ga=ga§ I S¢ il El / / I I' ) i I 1 11 WU` 5p�oSsmii,iE Pb / _ ,I I 1 °' slgc3- -°°-"'2 Poo zz ▪ and Ps s1s"co„i l�5�jIp NCCO / \ "Sm5° 1i,41p1-0:7, 86 42 RECEIVED q —t a .h• ilt a ';,€1-ta ig: t L - L L '° xil $ S E P 2 3 2009 i! 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