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02-2819 Project Packet
MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August26,2002 7:00 o'clock p.m. *(#9) #02-2814 William and Sandra Keegan, 2707 Walters Port Lane -Variance - RESOLUTION NO. 4855 Murphy moved, White seconded, to adopt Resolution No. 4855 approving the side adjacent street setback variance to construct an attached garage for the residence located at 2707 Walters Port Lane, William and Sandra Keegan. VOTE: Ayes 5, Nays 0. *(#10) #02-2816 Orono Montessori, 3800 Wayzata Boulevard West-Conditional Use Permit -RESOLUTION NO. 4856 Murphy moved, White seconded, to adopt Resolution No. 4856 approving a Conditional Use Permit to operate the Orono Montessori School/Day Care Center on the property located at 3800 Wayzata Boulevard West. VOTE: Ayes 5, Nays 0. (#11) #02-2819 Tim Devries, 2180 Abingdon Way -Conditional Use Permit- RESOLUTION NO. 4857 Jim Robin, Landscape Architect representing the Applicant, was present. Weinberger explained that the applicants were requesting a conditional use permit to alter land in excess of 500 cubic yards. The applicants are constructing a tennis court on the property and a --..conditional use permit is required because the applicant is proposing to move 1,040 cubic yards of fill. Weinberger noted that the applicants own the property (Lot 6), Abingdon Glen, and the adjacent vacant property (Lot 5). He pointed out that of the 1,040 cubic yards of fill to be moved, approximately 120 cubic yards will be trucked from the site to another location, approximately 500 cubic yards will be trucked to lot 5 and the remaining 420 cubic yards will be used as fill on lot 6 to construct the tennis courts. The fill being trucked to Lot 5 will be used to "correct grade irregularities, cover small stumps and debris, and to eliminate an 18-inch difference in grade from the existing driveway on Lot 6 to Lot 5". The tennis court will be located southeast of the residence and meets front and side yard setbacks, the 26' setback from the delineated wetland on the property, and will be 180' from Long Creek where a 100' setback is required for non-sewered property. The court will be used as a hockey rink during the winter months. Weinberger reported that the Planning Commission recommended by a 5/0 vote to approve the application as presented, subject to 5 conditions. PAGE 14 of22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. (#02-2819 TIM DEVRIES, Continued) 1. The area of Lot 5 to be filled must be reduced to allow some measure of future flexibility in septic site location should the existing tested sites be disturbed or found unusable. 2. Heavy duty silt fence and other protective measures such as signage be installed around the portion of Lot 5 where fill will be deposited. 3. The delineated non-City protected wetlands on the survey be documented via a notification to be filed in the chain of title, along with the wetland delineation report for future reference. 4. The grading plan must be revised to eliminate any fill within 26' of the delineated wetland. 5. Property owner shall be advised that the Orono zoning ordinance requires lighting in all instances to be diffused or directed away from the property lines in R Districts. Weinberger noted that the Planning Commission further considered two issues in relation to construction of the tennis court and land alteration. First, with regard to the Wetlands/Septic, the new delineation performed under the more recent WCA rules show that areas now defined as wetlands are more extensive on the site than those protected under the 1983 subdivision. Furthermore, the property is serviced by an on-site septic system, which staff has deemed will not be directly affected by the proposed tennis court construction. Second, since the tennis court will be converted to a hockey rink in the winter, the Planning Commission felt consideration should be given to use of shoebox downward cast lighting with diffusers of some sort to reduce the impacts of reflective glare. In addition to the Planning Commission recommendation, Weinberger pointed out that staff recommends the area of fill and truck traffic on Lot 5 be reduced and that the applicants take extra precautions to avoid any disruption within 50' of tested sites, to allow for future flexibility. He added that the applicant would be required to obtain a Watershed District permit as well. Mr. Robin clarified that the fill on Lot 5 will range from O to 18 inches in order to correct irregularities. White asked where the Wilsons live in relation to the proposed courts. Weinberger pointed out that, as the nearest neighbor, the Wilsons live quite a distance across the creek, approximately 500 feet away. Gaffron explained that the Wilsons have concern about the applicant meeting City ordinance, and concern that City ordinances don't go far enough in their requirements. He added that the lighting recommendation had already been incorporated into a condition of the resolution. Beyond the ordinance, the applicant has suggested that they are sensitive to the lighting issue and propose to be good neighbors. He cautioned the Council that there is nothing in the ordinance about lighting that can be tied to a grading issue. PAGE 15 of22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 26, 2002 7:00 o'clock p.m. (#02-2819 TIM DEVRIES, Continued) Murphy suggested the applicants place the lights on the east side of the property to ensure they face the residents' own home only. White questioned how intensive a rink they were proposing. As a mere rink for their personal use, he didn't view this to be a highly competitive style rink. Robin stated that the court would be converted to a backyard rink, which could benefit from further landscaping or plant material to obstruct views. White indicated that it was wonderful to hear that the applicant was sensitive to the potential issues with the neighbors and encouraged them to continue to be good neighbors, as the Wilson's have been active City wide conservationists. Murphy inquired what the work would mean to Lot 5. Gaffron indicated that nothing would change with regard to the usability of Lot 5. Moorse questioned whether a condition could be added to the CUP, with regard to lighting, that the City would be allowed to reconsider the permit, if issues with the neighbors arise. Gaffron questioned the legality of adding any condition of this nature to a grading permit. Barrett indicated that this would enter a legal gray area. Murphy moved, Nygard seconded, to adopt Resolution No. 4857, approving a Conditional Use Permit to alter land in excess of 500 cubic yards for the property located at 2190 Abingdon Way, Tim and Gayle Devries, subject to staff recommendations/conditions, with the understanding that the applicant will work to the best of their ability to mitigate the lighting issues with the adjoining neighbors. VOTE: Ayes 5, Nays 0. Robin asked if the wetland delineation documents would be attached to the chain of title. Gaffron affirmed that the notice of protected wetland would be attached to the chain of title. PAGE 16 of22 ' , Application Deadline: 7 /31/02 60 Day Deadline: 9/27/02 REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator Item Description: Zoning District: Lot Area: List of Exhibits: A Resolution #02-2819 Tim/Gayle Devries 2190 Abingdon Way Conditional Use Permit RR-1B One Family Residential District (2 acre) Lot 6 9 .9 Acres B Susan and Steve Wilson Letter C Staff Report and Exhibits of 8/19/02 Application Summary: DATE: '3-a;i_ 0 :U ITEMNO. I I Agenda Section: Zoning The applicants are requesting a conditional use permit to alter land in excess of 500 cubic yards. The applicants are constructing a tennis court on the property. The conditional use permit is required because the applicant is proposing to move 1,040 cubic yards of filL The applicants own the property (Lot 6) and the adjacent vacant property (Lot 5). Of the 1,040 cubic yards of fill to be moved, approximately 120 cubic yards will be trucked from the site to another location, approximately 500 cubic yards will be trucked to Lot 5 and the remaining 420 cubic yards will be used as fill on Lot 6 to construct the tennis court. The fill trucked to Lot 5 will be used to "correct grade irregularities, cover small stumps and debris, and to eliminate an 18-inch difference in grade from the existing driveway on Lot 6 to Lot 5". Pertinent Ordinances: • Section 10.03, Section 19 (Grading & Filling) • Section 10.55 (Floodplain Ordinance), Various Sections • Section 10.56 (Shoreland Ordinance), Various Sections PLANNING COMMISSION DISCUSSION/RECOMMENDATION: Planning Commission recommended by a 5 to O vote to approve the application as presented, subject to the following conditions: 1. The area of Lot 5 to be filled must be reduced to allow for some measure of future flexibility in septic site location should the existing tested sites be disturbed or found to not be usable. 2. Heavy duty silt fence and other protective measures such as signage be installed around the portion of Lot 5 where fill will be deposited. 3. The delineated non-City protected wetlands on the survey be documented via a notification to be filed in the chain of title. The wetland delineation will be kept on file for this property for future reference. 4. The grading plan must be revised to eliminate any fill within 26' of the delineated wetlands. 5. Property owner shall be advised that the Orono zoning ordinance requires lighting in all instances to be diffused or directed away from property lines in R Districts. Planning Commission considered the following issues in relation to construction of the tennis court and land alteration: 1. Wetlands/Septic. The property was subdivided in 1983 prior to Wetland Conservation Act (WCA) regulations, and Orono took a Conservation & Flowage Easement over portions of the property deemed to be wetland at that time. The new delineation performed under the more recent WCA rules shows that areas now defined as wetland are more extensive on the site than those protected in 1983. In some locations the delineation shows wetlands that weren't included in the 1983 easement; in other locations, areas protected by the easement are not now considered as wetland. This property is serviced by an on-site septic system. Staff has reviewed the existing septic system and it is not directly affected by the proposed tennis court construction. The area being used for tennis court would likely not be suitable for a future septic site due to its proximity less than 75' to the wetland. Due to potential impacts on drainfield sites the Planning Commission felt additional protection measures be put in place that will ensure all drainfield sites are protected. 2. Site Lighting. The tennis court will be converted to a hockey rink in the winter. They intend to provide lighting around the structure. This has raised the concern of at least one nearby property owner. That property owner has stated that night lighting has been an issue in this neighborhood in the past, and in rural Orono in general. The Planning Commission felt consideration should be given to use of shoebox downward cast lighting with diffusers of some sort to reduce the impacts of reflective glare. STAFF RECOMMENDATION: Staff recommends approval of the application subject to the conditions as noted in the Planning Commission recommendation. In addition to the Planning Commission recommendation, staff recommends the area of fill and truck traffic on Lot 5 be reduced and that applicants take extra precautions to avoid any disruption within 50' chested sites, to allow for future flexibility. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. I f A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 02-2819 WHEREAS, Timothy Devries and Gayle Devries, (hereinafter "the applicants") are owners of the property located at 2180 Abingdon Way within the City of Orono (hereinafter "the City") and legally described as follows: Lot 6, Block 1, Abingdon Glen, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration of 1,040 cubic yards of fill to be moved, approximately 120 cubic yards of which will be trucked from the property to another location, approximately 500 cubic yards will be trucked to the property located at 2150 Abingdon Way, and the remaining 420 cubic yards will be used as a base fill for construction of a tennis court; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on August 19, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #02-2819. 2. The property is located in the RR-1B, Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 19, 2002 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: Page 1 of 5 A. Land alteration greater than 500 cubic yards is a conditional use in all districts. B. The applicants have requested land alteration totaling 1,040 cubic yards, of which 120 cubic yards will be trucked from the property to another location, 500 cubic yards will be trucked to the property located at 2150 Abingdon Way, and the remaining 420 cubic yards will be used as a base fill for construction of a tennis court. C. The fill trucked to Lot 5 (2150 Abingdon Way) will be used to correct grade irregularities, cover small stumps and debris, and to eliminate an 18-inch difference in grade from the existing driveway on Lot 6 to Lot 5. D. This property is not within the MUSA and the City does not intend to bring municipal sewer to this area. Maintenance of septic system options is critical. A fence to protect the sites on Lot 5 should be constructed prior to fill moving, and while no storage or trucking is intended to occur beyond the fence. E. The proposed grading and land alteration as proposed is entirely outside the defined wetland areas and outside the 26' wetland buffer. F. The proposed tennis court meets all required setbacks to property lines and wetland buffer areas. 5. The City Council finds that granting a conditional use permit to permit 1,040 cubic yards of fill will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the Page 2 of 5 community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration of 1,040 cubic yards subject to the following conditions: 1. Property owner shall obtain a land alteration permit from the City prior to commencing any grading. The MCWD shall issue an erosion control permit prior to the City issuing a land alteration permit. 2. Temporary fencing shall be installed around the drain.field sites to provide 50' of buffer between those sites and placement of fill on Lot 5, Block 1, Abingdon Glen for some measure of future flexibility in septic site location should the existing tested sites be disturbed or found to not be usable. · · 3. Heavy duty silt fence and other protective measures such as signage shall be installed around the portion of Lot 5 where fill will be deposited, and around the portions of the property on Lot 6 to protect the wetland and wetland buffer zone. 4. The delineated non-City protected wetlands on the survey shall be documented via a notification to be filed in the chain of title. The wetland delineation will be kept on file for this property for future reference. 5. The grading plan must be revised to eliminate any fill within 26' of the delineated wetlands. 6. Property owner shall be advised that the Orono Zoning Ordinance requires lighting in all instances to be diffused or directed away from property lines in R Districts. 7. Authorities granted by the conditional use permit run with the property not with the applicants, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval, or this conditional use permit will expire on that date (August 26, 2003). 8. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code, shall Page 3 of 5 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned owners have read, understand and hereby agree to the terms of this· resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of August, 2002. ATTEST: Linda S. Vee, City Clerk Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 26th day of August, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this ____ day of ________ , 200 __ by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this __ day of ______ , 20_, __ personally appeared before me, __ who is personally known to me __ whose identity I proved on the basis of __ whose identity I proved on the oath/affirmation-------~ a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this __ day of ______ , 20_, __ personally appeared before me, __ who is personally known to me __ whose identity I proved on the basis of __ whose identity I proved on the oath/affirmation _______ _, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5of 5 SUSAN WILSON 325 South Brown Road Long Lake, Minnesota 55356 (612) 473-9113 September 19, 2002 Steve and I have received the notice of construction of a tennis court/hockey rink and perhaps pool at the DeVries home which is directly behind us-across Long Lake Creek. I called Gale De Vries and talked to her about it as we sold them the lot that is part of the plan. I told Gale that we have two concerns. The first is that the Long Lake Creek watershed area which includes the wetlands is very important in this area. It holds lots of wildlife - the wooducks and mallards nest there as will as Blue Herons and Egrets. We have deer and coyote and all the smaller mammals and many songbirds. It is the main reason people like to live along here, and I hope that whatever construction is done it will be well within all of Orono's wetland ordinances. The second concern is the lighting of this sports area. We look right over the wetland and creek. Our house is positioned to take advantage of it. Extra nighttime lights would be a huge detriment not only to our wildlife but also to the serenity and quiet of our view from our living room and bedroom. I think lit hockey rinks belong in park areas and have encouraged Orono to consider one at the Golf Course area. The peacefulness of this area would be ruined by a lit rink. · Thanks for considering our issues. I guess the Wilsons are the most impacted by this plan. There is an area at the end of the Abingdon Way cul de sac that is higher and farther removed from the creek and wetland area that would be better for a court as you wouldn't have to alter the land area as much. However I still think the lights would be a bad idea for all neighbors in the area. Susan and Steve Wilson TO: . Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner Mike Gaffron, Planning Director DATE: August 15, 2002 SUBJECT: #02-2819 2180 Abingdon Way Conditional Use Permit --Public Hearing Zoning District: Lot Area: Exhibits: Application: A -B C D E F G H I Tim/Gayle Devries 2180Abingdon Way PC 8/19/02 Page I o/5 RR-1B One Family Residential District (2 acre) Lot 6: 9.9 acres (2+ ac. dry) Lot 5: 4.3 acres (2 ac. dry) Application Project Description . Survey Plans Septic Plan (Existing system) Engineer Comments . Area Topography Original Plat showing Drainage/Conservation & Flowage Easement 1975 Wetland Airphoto/Map The applicants are requesting a conditional use permit to alter land in excess of 500 cubic yards. The applicants are constructing a tennis court on the property. The conditional use permit is required because the applicant is proposing to move 1,040 cubic yards of fill. The applicants own the property (Lot 6) and the adjacent vacant property (Lot 5). Of the 1,040 cubic yards of fill to be moved, approximately 120 cubic yards will be trucked from the site to another location, approximately 500 cubic yards will be trucked to Lot 5 and the remaining 420 cubic yards will be used as fill on Lot 6 to construct the tennis court. The fill trucked to Lot 5 will be used to "correct grade irregularities, cover small stumps and debris, and to eliminate an 18-inch difference in grade from the existing driveway on Lot 6 to Lot 5". Exhibit D-1 and D-2 indicate the area where the fill will be located on Lot 5. Pertinent Ordinances: • Section 10.03, Section 19 (Grading & Filling) • Section 10.55 (Floodplain Ordinance), Various Sections • Section 10.56 (Shoreland Ordinance), Various Sections Analysis: The applicants wish to construct a tennis court on their property. The tennis court will be located southeast of the residence and meets front and side yard setbacks as required. The proposed construction is 180' from Long Lake Creek where a 100' setback is required for non-sewered property. The tennis court meets the required Orono 26' setback from the delineated wetland on the property. However, it appears that the plans show a slight encroachment of fill into the 26' wetland setback area at the south end of the court; in staff's opinion there is no hardship justifying this encroachment and plans should be revised to incorporate a low retaining wall or other method to allow this area to remain undisturbed. (Unlike the MCWD rules, Orono code does not specifically allow for filling/mitigation within the 26' buffer area). It should be noted that the property was subdivided in 1983 prior to Wetland Conservation Act · (WCA) regulations, and Orono took a Conservation & Flowage Easement over portions of the property deemed to be wetland at that time. The new delineation performed under the more recent WCA rules shows that areas now defined as wetland are more extensive on the site than those protected in 1983. In some locations the delineation shows wetlands that weren't included in the 1983 easement; in other locations, areas protected by the easement are not now considered as wetland, as can be seen from the heavy dashed line on Exhibit D-2. Septic Svstem Concerns: The subject property is serviced by an on-site septic system. Staff has reviewed the existing septic system and it is not directly affected by the proposed tennis court construction. The area being used for tennis court would likely not be suitable for a future septic site due to its proximity less than 75' to the wetland. Staff is concerned about the proposed "Wetland Buffer Mitigation" proposed directly downhill from the existing mound system. Any fill or excavation in this area could have a severe impact on the functioning of the mound, as the downhill slope of a mound is a critical absorption area. Staff would recommend that another buffer mitigation site be located that will not impact this mound. Tim/Gayle Devries 2180Abingdon Way PC 8119/02 Page 2 o/5 Excess fill from the construction is proposed to be placed on adjacent Lot 5, a currently vacant but potentially buildable 2-acre lot. The proposal would place fill within I 0-20' of tested drainfield sites. Staff believes this is a risky venture at best, for the following reasons: 1. The easterly tested site is within 7 5' of the wetland as recently delineated, and Orono Code requires a 75' setback; this site might be defined as unacceptable in the future ... 2. The proposed fill will destroy the potential for finding additional drainfield sites on Lot 5, since the fill area will be considered as disturbed soils, and will not be usable for drainfield purposes. If for some reason the tested sites ar~ rendered unusable, Lot 5 could be deemed as unbuildable. 3. The tested alternate site on Lot 6 is now within 75' of the newly delineated wetland. If for this setback reason or some other reason that site was found to be unusable, Lot 6 would have no alternate site available, and may need to find an alternative on Lot 5 ... This neighborhood is not within the MUSA and the City does not intend to bring municipal sewer to this area. Maintenance of septic system options is critical. While a fence to protect the sites on Lot 5 will be constructed prior to fill moving, and while no storage or trucking is intended to occur beyond the fence, staff still feels the potential to create future septic issues is present. Staff would recommend that the area of fill and truck traffic on Lot 5 be reduced to about half the area proposed, and that applicants take extra precautions to avoid any disruption within 50' of tested sites, to allow for future flexibility. Engineers Comments: City Engineer, Tom Kellogg, reviewed the proposed plan and submitted comments. (See Exhibit F). Staff would note the following: • Silt fence -The plan the applicant submitted indicates where the silt fencing is to go. The City engineer suggests the silt fence be heavy duty as shown in exhibit and be installed around the entire site where the fill will be moved to, rather than as shown. • Septic Sites -As discussed above, the future septic sites must not be disturbed. • Narrative of total cut and fill-As discussed above, 500 cubic yards of fill will be moved to the adjacent lot, 120 cubic yards will be trucked from the site to another location and approximately 420 will remain on the site to construct the tennis courts. (This may change if less fill can go to Lot 5 to retain septic options ... ) Tim/Gayle Devries 2180Abingdon Way PC 8/19102 Page 3 o/5 Drainage easement: The 'drainage easement' on the survey/original plat defines the boundary of the area originally protected by C&F easement with the Abingdon Glen subdivision. Now that wetlands have been delineated and the delineation shows wetland boundaries differently than the conservation easement, a question is raised as to whether the C&F easement should be revised to reflect the new wetland boundaries. It appears to staff from the wetland report that many of the wetland areas that weren't defined in 1983 are Type 1/2 wetland which the City in recent years has opted to not formally protect by easement but rather by filing in the chain of title a document notifying current and future owners that there are WCA wetlands on the site which are regulated. There are several options the Planning Commission could consider: 1. Do nothing. Keep the delineation report on file in case additional work is done on the property. 2. Require that the property owner grant the city a revised C&F easement for the portion of the wetland not included in the easement at the time of subdivision. (This option is costly-would require a new legal description, survey and filing of easement). 3. Acknowledge the non-City protected, \VCA-protected wetlands via a notification document to be filed in the title. Site Lighting: Applicants intend that the tennis court be convertible to hockey rink use in the winter. They intend to provide lighting around the structure. This has raised the concern of at least one nearby property owner, and night lighting has been an issue in this neighborhood in the past, and in rural Orono in general. Ice is light colored and highly reflective, and even lights shining down on it will have an impact of lighting up the night sky. Consideration should be given to use of shoebox downward cast lighting with diffusers of some sort to reduce the impacts of reflective glare, and perhaps timers or other methods should be used to ensure the lights are turned off when not in use. Tim/Gayle Devries 2180Abingdon Way PC 8/19/02 Page4 o/5 Staff Recommendation: To approve the conditional use permit with the following conditions: 1. The area of Lot 5 to be filled must be reduced to allow for some measure of future flexibility in septic site location should the existing tested sites be disturbed or found to not be usable. 2. Heavy duty silt fence and other protective measures such as signage be installed around the portion of Lot 5 where fill will be deposited. 3. The delineated non-City protected wetlands on the survey be documented via a notification to be filed in the chain of title. The wetland delineation will be kept on file for this property for future reference. 4. The buffer mitigation area must be relocated to a site where it will have no potential impact on the existing mound system's proper functioning. 5. The grading plan must be revised to eliminate any fill within 26' of the delineated wetlands. 6. Lighting to be as recommended above. Options for Action 1. Recommend approval per staff recommendation, subject to noted plan revisions being made satisfactory to staff prior to Council action. 2. Table, require revisions to be reviewed by Planning Commission prior to going to Council. 3. Recommend denial, state reasons. 4. Other Tim/Gayle Devries 2180 Abingdon Way PC 8/19102 Page 5 o/5 Application# 02 -2 g 19 Date Received 1~31 ,().9,. Amount Paid i};isb. er()/ CITY OF ORONO -GENERAL LAND USE.APPLICATION PROPERTY LOCATION Site Address '2.. C f>O ~~r;oµ WA'-( Type of Application to be Filed --:-"."--:-c;._._C)....;,....;f>~-------:--~---=--:------- Property Identification Number (P.I.D.) 03--JI 1-2. 3 2 ~ 00 0 7 A - APPI;ICANT . Phone (home) q5'2-t\--J1:· o°l'tt.P Name u~fO!?l,J Phone (work) 0/9Z--4'14:-34T0 Address 6q:,Z5 b~-Jl-ffi .. City ~lOP:-Zip 6SoB \ O\VNER (if different th~licant) Name ]JMAAD~f2.~ Address . -2--t e;Q Ji?IJJ¢:i?Oµ Wtf( Phone (home) _______ _ Phone (work) _______ _ City Of-ONO Zip '3% S"(p D~roperty Acquired--------'-----------(month/year) I ~ ( do not) also own the adjacent parcels of land. · FEES -CONDITIONAL USE PERMITS - __ $ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use --$250.00 Institutional (church, school, etc.) --$225.00 Guest House/Guest Apartments --$200.00 Duplex Credit/Bldg. ---$325.00 Commercial/Industrial Use ---✓ $250.00 Land Alteration Grading and filling -designated wetland or floodplain v Grading and filling -501 cu. yd. or more ---- -- Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS $275.00 Commercial Site Plan Review (+ consultant fees) ---$300.00 Vacation · $200.00 Easement Vacation --$100.00 Easement Vacation \Vith Subdivision· --$350.00 Rezoning (PUD -refer to fee schedule) ---$375.00 Comprehensive Plan Amendment --$100.00 Appeals --Other -see Fee Schedule --#2819· REQUIRED SUBMITTALS 1... Completed Application Form. J.K \•--Describe request in detail. 3. Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-6,03, Government Center, 948 3271). ~ 12-3'18-.5910 4. 5. 6. 7. 8. 9. __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. · __ · Attach legal description to application if not. i.qc_luded on required survey. · Topographic survey (existing and proposed contours) if land alterations involve ---changes in elevation (grades). ___ List of the legal names (include marital status) of all persons with an interest in the property. This Wot!,ld include name(s) of applicant(s) if not current owner(s). ___ Construction plan, if applicable (see staff for requirements). 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 30 COPIES OF.LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" ·x .17" OR SMALLER): FOR ALL 'DOCU1\1ENTS SUBMITTED. (Staff will require . to scale drawings of al( 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. . Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: ____________ Date __________ _ APPLICANT'S 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 est of his/her knowledge. · .. Applicant's signature ~~~¥-/1------lo,-------Date 2-5 JOL '-( '2--- 0'\VNER'S SIGNATU The o\mer hereby acknowle ges agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. X Ov.ne(s signature -;lCJ (~M'--Date / /21/c,,1.__ Applicant must have all submittals into the City ortices 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 arid advise the Buildll1g & Zonlllg O:c: of ;~:~g~~;o th:;eetin\~ 1 1 .r , ·'.; ;1 }::::.::::::,; j '?j; I ... ,.~_, .. ._... .:..,. .. ~-... --.. ··,,/, ~-. .J ~"-11 ., t.J·· J~ ~ jaJUes robin 29 July, 2 landscape architect 5935 glencoe road excelsior, minnesota 55331·3133 voice 952-474·3946 fa:c 952·414·5450 City of Orono, Minnesota City Staff, Members of the Planning Commission and City Council Please consider this request for a Conditional Use Permit to alter land in excess of 500 cubic yards, by Timothy and Gayle Devries, 2180 Abingdon Way, Orono, Minnesota 55356 Mr. and Mrs. Devries propose to construct a tennis court at their home, 2180 Abingdon Way, on Lot 6, Abingdon Glen in Orono. The tennis court will be located southeast of their existing home as shown on the accompanying drawings. They propose to construct the project this year. They contacted the neighbors on June 24, offering to review the project and have not had any response. The proposed Tennis Court fits within the available building area of the site bounded by the required City of Orono setbacks for front and sideyards as well as the City of Orono wetland buffer of 26'. The proposed Tennis Court surface coverage is allowed under the hardcover requirements as shown on the drawings. A variance from the Minnehaha Creek Watershed District requirement for a 35' wetland buffer in the amount of 298 sf of encroachment has been applied for separately and will be heard by the MCWD Board on 22 August. The 35' wetland buffer is larger than the 26' wetland buffer required by the City of Orono. We are removing areas of heavy Boxelder and Buckthom growth as shown on the drawings. No vehicle traffic will be allowed on the fenced and protected designated septic sites during the excavation and construction operations. The Tennis Court will be constructed as a bituminous surface with a concrete curb, black chain link fencing and frame and low cutoff type lights mounted at 12' heights. The total cut and fill for earth moving on Lot 6 will be 1040 cu yds as shown on the drawings. Approximately 120 cubic yards of soft, clay sub-soils will be trucked from the site to a proper disposal site. Approximately 500 cubic yards of topsoil \vill be removed from Lot 6 and placed on the adjacent, undeveloped Lot 5, also owned by the Devries. The topsoil fill on Lot 5 will vary from zero to 18", to correct grade irregularities, cover small stumps and debris and to eliminate the abrupt, 18" difference in grade from their existing driveway on Lot 6 to Lot 5. The disturbed areas on both sites \vill be restored with turfgrass seed and mulch. The areas \-.,.ithin the required wetland buffer areas will be left to naturalize and will not be mowed. Please call me at 952-474-3946 with questions and comments. - f 2; Wetland Delineation Report by John Anderson :ATE OF SURVEY FOR GAIL DEVRIES 1 ABINGDON GLEN 6, BLOCK • COUNTY, MINNESOTA C 35' Mrnehaha Ouk W8'iwshtd Oisfrct 11l't.ol TOI"\ de"'-~ed W!lla:wd Ncta.,aslcre dM\lbedllUS wlr\b:lpsolard •ll'l•~ot P'-"tiig,"'11 sl'nddlldbn """' lnstal-...tw, ,..,,,,...,. ..... aM:dri: .supp.,_to ~ra ~lt:uidrig • • • Notes: 1.~,...._,,..,..\M!---,,~.SU-..., _.,. 5-3-01.,. Cd'ln aro::lo-::rc-t l. t•S,,_.._,b~rd..-:-kwoo Cf)q1o-m..--- 1e ...... ,..c:-:...--. l«I T__..,.c:u aJJ,:, w..._oi,.:a.e tzit:Jt SMAJ_....,~ Wlty T~M t(Xl,;y M'c:t.ayH \Clcy r-~~-1..c:t• l'OiCI~ l•.ST~lf;---Lcsl Dey , _ __,,._...,.._ .... , De, bT.-....'--'9-. 1'31"7 -.,.,. ea,.,....,Buc!dlon ..... _,...,.,... ___ _ bl\J:Shl'fafenll~das.had~ ~latnifc::rm surfacn,i.:sctn,-...lhb.rps 26"0ycfnr.::.-.c;~ Ct=s.1-hatc:hane. 20.6,,1,0sl, n::rc..s lmb dSOOr:, l:.,p,s::i 'iii ff'O(enef a1 L:::t 5 fcnu:16.~:Sepd'IS- fft:IT'ldefnuted.....u:..nd , 35'MrvlehehoO-eitk'f~,,,' District settirdc 'rcr,. ~n..✓,'.-dlan:f ,, 75"0)-afOr...rct~l.i: s~sett:a.;k~ dH'leefad'Mtl!!--.:1 • See Sheet 2 fc, e,1Jargmant cJ lhls area • I ~ ~ , ___ ,. ~ WeUand -0. Wetland ---------PropertyUne \ \ r-----l""Oo..k L.___D_e_t_a_il_A_r_e_a_S_it_e_P_r_a_n ________________ 0 __ 8 ' __ 1 _ 6 • __ 24 ___J 1 I ._I _o_ve_r_a_ll_S_it_e_P_l_a_n ______________ 0 ~~~~ 8 c 0_·~~==-1 - 6 _ 0 .. ·_-_ .. 2 _ 40__.'I Hardcover Calculation Lot5 Lot6 Ema-g -----·""""'· •--=-• ·- c.,.,s .. ,...,. t&l.,sQSJf 42S,4SlJI a.11-~U'IJCrw 0,, ,..,,, 0 1s·-:ualrtl'T'L:rqO-3-9.m,, 9.S~S1(2:S'"\) 104.:'9:lll 21,'Mste25,._.) l"7·:>ll1-t..,n;iC:-5.5.944~ 18,7$3 lf<3"') 39.54.S" t!.&9311~) -·--· 7,200-"(tS-0.) 0 C,ty of Orono Zoning Z°"ing; RR18 Rural lotZonlng: RR18 Zl l\larch, 2 Set:>acks fc, A~ SINd\Jras lnduding Pods w/Terrac:as, Gazsllos and Tennis courts ave, 1000 st Front. meeJ nisting sa!:3dc fer ea!iog i'o,sa Side-~ Rear • 50' (does not •??Y hen, be<:aus.a cJ se<!>adc from ;,oc,,cs,,d -) WeUand ot Flood;,lain • 26' ftcm a dainaated ._and edge. Hardcove< restrictions within 300' cf ;,rctec:ed waters. Long LaJca Creelc Wtthin 75' • no development, gadir,g cr llW rem::M!ls 75'•2!0' • 25'4 maximum_.,.. 250' • 'JCn • ~% maximum l'tardo:M!r Accessory SIJUd\JrH must !>a on a parcel witt, a Principal S11\Jd1.n>. Legal Description lots 5 and 6, Bloclc 1, Abingdon Glen t-:enno:,in County, P.linnesota Dates 12 June, 2 Gopher State One Cail JI 268077 14 June, 2 Rev'eN 21) ..1.Jly, 2 CUP APP; I\ICWO VAA Sheet 1 of 3 Tennis Court Project Devries Residence 2180 Abingdon Way, Orono, Mn 55356 james robin landscape architect 5935 glen.c~ road excelsior• nunnesota 55331·3133 -9S2-t74·3946 -9Sa.-474•S4SO D-1 -- (i1·9\, \~ii~.} Notes: 1 _ Lot 6 information and Lot 5 boundary from Survey dated 5-3-01 by Coffin and Gronberg 2 _ Loi S information for topography an<! septic sites from City of Orono records 3. Cut and Fill Calculations Lot6 Topsoil cut 600 cy Soft subsoils CtJt 120 cy Stiff day subsoils CtJI 140cy Topsoil fill 100 cy Stiff clay fill 140 cy Total Earth Moving on Lot 6 1040 cy Lot 5 Topsoil fill from Lot 6 SOOcy Total earth moving on Lo! 6 500 cy Earth material leaving site. 120 cy Remove Boxelders Buckthom and miscellaneous------ brush material fro~ dashed areas, regrade to uniform surface, restore with turfgrass Front building setbacks Secondary Septic Site Existing Septic Moun 26' City of Orono setback Cross-hatch area, 20,640 sf, indicates limits of 500 cy topsoil fill material on Lot 5 from Lot 6, average depth 6" from delineated wetland ,, .,,. .,,. ,, ,," ✓ / .,,. -,I,, 35' Minnehaha CreeJ<YJatershcv District setback from delineated wetland .,,. / 75' City of Orono septic system setback from delineated wetland Future swimming pool Future pool house ... • Wetland •· • • . . • .. ... ... ... • \ \ 6' setback from FEMA limit \ \ pland Area Site Plan • ... ... • ... • • • • . ... ... . • \ • r ... ... 40' 80' 120' Property Line #/ ~ CJ t:: ~o ~ ' '\: I I ¢pproved septi \ I Remove Boxelders, Buckthom and miscellaneous brush material from dashed areas, regrade to uniform surface, restore with turfgrass 80 sf encroachment on 35' wetland buffer Wetland edge delineated by John Anderson, 2001 encroachment on 35' wetland buffer Proposed Tennis Court _113 sf encroachment on 35' wetland buffer Sheet 2 of 3 Tennis Court Project Devries Residence 2180 Abingdon Way, Orono, Mn 55356 jame robi landscap architec 593 cleucoeroa excelsior min:qesot 55331·313 s'ta-t74-:S94 -9S2-i74•Si5 ·----------. D-2--- ,..,.. ........ .-...:-. __ ea,,.,.w.,._ ... ,_,...,_ ___ ,.:r_ ....... ..-,r-.~-.-<-~ ... ,._...,. ___ r-:ru.....,....,.,. ~~-,,-.,_,.._,,,.. ......... II tC::Mlld~,y.20.ttd 5""1Jir2r.O.~dS:.,dlfit. ~\hRr ~o .. ..-,-• __ .. "' __ ---·~ SURFACE, EDGE AND FENCE 3/4" = 1'-0" ~ AXONOMETRIC SKETCH NO SCALE ..,._ _______ :ir.•----- 1 .. ....,.. ....... ---.ct-•""a, c."91--~.-. ----------------- SECTION AA SPECIFICATIONS .. a.&.Se rORT!tN:$ c:o.m. l"O:'.Jl,//PACTEDU.'r'ERC/1' CFIJ9-EDS'l'OM! ORc:o,c;::,.eTEOYERS&ln.lJJl.E SUIG:P.J.OE. l'CUJWaSFatTtPClaust£1)!.A$£9W.L.IIE ~ 1,l•iff ltr. C. '1!:NOG: !1.J.CX.PVC COA.TEO 1-4 CA WR£. r DJNOHJ '-ESl-t 111.>.0:: ~ A.Ml FASTVElS; Bl)O{'OST$ A>4l RAILS AS SKl'Ht seT POST$ ltit-4.!m pg O:fdr.t Mflt TC# 0# a:)fCJ'£TE Sl.FAODm.Y\.OWTOAllGW~CI ClJm; ~D ~o.AT'E. MT AU POSTS PRIClA 1'00.Al.tffl'All~CFFRN-E »oAESH D. C0MC'Stnl!aA9: 4.000PSl.i!RO:'.:NFIHSHe:::::tcs=srrtWtS "l(,Jr,fR,HN<11'tX1R)E"0CES»c.oa,,rsA.Tf,IQfPOST. 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Cl 01. »a .l&OV'E $0 CECR:El!S.>ISTJU. ~ lt) MW.SAC1\1¥RS ~f'ICN$ L ~ALJQ>ffS.WOIMT'!DA.S Slt) ...... CffecD,a$'TSO,.F?JCe J. WATVt fAOST,AOC:i:WATERUle.FRClil 11!:llSTM)'M!U. TO>EWY.W::Ctf'rDIW(F K R!!'JTCRA.TlOHCFS~ TOP'0SOII.., n.,,::,FORA.iSSYS!!DJH)IQ..Qt - ------------------------------,._..,_....,u., .. _________________ _____.,..,_ ___________________________ _ ----------------------------------------------s... • ....-.,.,.,mo, ----------------------------------------------------- , " N ~ fl()' 16" 16" NEW TENNIS COURT w .,__,,, C ) iii ~ w §! w l'o u. .... 0 z NET POSTS ~ 2T )( 36" TENNIS COURT PLAN Dates 12 June, 2 Gopher S13ta °"8 Call f/ 268077 I ♦ June, 2 Raview Sheet 3 of 3 Tennis Court Project Devries Residence 2180 Abingdon Wjly, Orono, Mn 553.."6 .. · . ---------------. UJ 0 z UJ u. lo :r "' (!) :f ;, 1/8" 1' james robin land.scape;· architect 5935 &:lencoo road excelsior. :minnesota 55331·3133 ~ 9S'--i1i-:ss-!6 ... 9S'-·i7i-5-f.SO D-3 ... --· .. : ... --!r· -~· .. . !, l \\.... -/ ··., '•·.>' c,f'"•--.. =--1·1 tl ,,,. '-·:\ r , . l \.:;·:::. '·..;_,_) i \.__..,, \_. , I , I I• I --.:A---3;-.:.., V" ~ - -/ ......... / / ✓ ----- ' \ \ } -::t::" . '\ / ~--· ½ i. ~ ) -/ --) · I . /~® . I• i . -· Bonestroo. Rosene, Anderlik and Associates, Inc. Is ar and Employee Owned rmative Action/Equal Opportunity Employer Principals: Otto G. Bonestroo. P.E. • Marvin L. Sorvala. P.E. • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. Fl ~fl• Bonestroo ~Rosene \-1 Anderlil< & •\I• Associates Senior Consultants: Robert w. Rosene. P.E. • Joseph C. Anderlik, P.E. • Richard E. Turner. P.E. • Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon. P.E. • Robert R. Pfefferle, P.E. • Richard W. Foster, P.E. • David O. Loskota. P.E .• Mark A. Hanson, P.E. • Michael T. Rautmann. P.E. • Ted K. Field. P.E. • Kenneth P. Anderson. P.E. • Mark R. Rolfs. P.E .• David A. Bonestroo. M.8.A. • Sidney P. Williamson. P.E .• LS. • Agnes M. Ring. M.8.A. • Allan Rick Schmidt. P.E. • Engineers & Architects August 15, 2002 Wendy Bottenberg Thomas W. Peterson, P.E. • James R. Maland. P.E. • Miles 8. Jensen. P.E. • L. Phillip Gravel Ill. P.E. • Daniel J. Edgerton, P.E .• Ismael Martinez. P.E. • Thomas A. Syfko. P.E. • Sheldon J. Johnson • Dale A. Grove. P.E. • Thomas A. Roushar. P.E. • Robert J. Devery. P.E. Offices: St. Paul. St. Cloud. Rochester and Willmar. MN • Milwaukee. WI • Chicago. IL Website: www.bonestroo.com Zoning Ad;ninistrator/Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Devries Tennis Court File No. 139-02-000 Plat No. 02-2819 Dear \Vendy: \Ve have reviewed the plans for the proposed tennis court construction at the Devries residence. The site is located at 2180 Abingdon Way. The proposed work includes soil corrections and export of excavated n~ateria1 to 2150 Abingdon Way. We have the following commems with regards to engineering matters: a The existir.g drainage easement does not encompass the delineated wetland along the east and -..vest property boundaries. The appli:::ant should to corred the drainage ea.semen~s to provide coverage over all wetlands on the property. • Heavy-duty silt fence (detail attached~ should be installed prior to any consr.ructi:)n activity. The silt fence should be installed at the loc:ation~ highiighted on the attached drawing. • The drmvings should identify the alternate septic sire l0cation on Lot 6 sc th,!t it car: be fenc~d ar:d protected from constructior! activity. Q The narrative provided by James Robin qua,.'1tifies total cut 2nd fiil of 1,040 cubic yard:-of rnate,rial. Approximately 120 cubic yards will. be trucked off site and 500 cubic yards will be inst~lkd on Lot 5. The applicant should i.dentify if 1040 cubic yards is the net excavation or \Vnether fois is the sum total of ail prop,)se<l cut~ and fills. If l 040 cubic y~ds is the net ex.c::.vation the applicant should identif)'· \vhere [he remaii1ing 420 cubic yards of excavated material will be placed. If you have any qL1estions please call me at (651) 60°1-486.:,. Yours very trnly, BONESTROO, ROSENE, Ai"'il)ERLIK & ASSOCIATES. INC. Cc: Greg Gapp:1, City of Orono 2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 ■ Fax: 651-636-1311 Overlap Geotextile Fabric 6" and fasten at 2' intervals Extend wire into trench _, .c .QI V .c : 0 l"'1 Support post anchorage in-situ soil or cement mortar as specified G:\STANDARD PLATES\ERO· 6" Min. 2" x 2 .. Wood or Steel Fence Post, 8' Mox. spacing Wire Mesh reinforcement, Std. field fence, Min. 30" high, Max. Mesh spacing 6" and Min. 14 Y2 gouge wire. Geotextile Fabric -overlap Fabric 6" and fasten at 2' intervals Loy Fabric in the trench Fabric anchorage trench, backfill trench with tamped natural soil ·-·~ c ::::E· NOTE: _, en 0 Cl. Attach fabric to Wire mesh and support posts with rings or wire ties STAN DARO-· DETAILS SILT FENCE HEAVY DUTY Lost Revision: Jan. 1999 IC. .JV) .. J .. il_ Js· .. ------· 1iforrn 120 cy ··--- ·\( ,., / -·--- 20,640 sf, 500 cy ·---·---------. -1··--..... I on Lot 5 ie depth 6" 4----- \· -·, Al ~-l~\ \·, .,... .1":: ... -· .... •• • ✓------·· /' ... .... \ _ _...:::_?:.~;_-- .......... ~ . ... . ·;- ·-------. ··'·--0-. / ,L ... ,/ Dra,n~ge ... -.::: . , >----: -:, -•C,' ~: _ -~~--~-~~::~ C ;~"' ' aC;; ~ [ ·---·-:,-.... ~-·· .. -I --# .,... -. --:-. --·.... ,.,.---._ . --;· ____ ,,, . . ~-· .... , . . ./ ....... --·--.. --. ·-~-·,l, .>-·----- C) I ~. • I !83/(:·,, , " / .' I I ; Primary; site ______ .•.. -•• -· ,✓. .\, / . / , . ' ••• /. ~r;-:---~-.: \ •, . ' --· • / .,--r' . . . . . .. .... • ·. -. ---=-=-········••"... //,•,:✓>;~://.,. ///.:,, _,----~/· .. ·.J -················ --~·//.~7·/ ,, 7)/ . -•~. ). ~-.. , .. :-i-·<1:·· I I I : I .-. ~-' , ,,, . :_; . ~;<if • ,, . ,, . , . .. / •-:./ / . . .. , / /,, ,,,,., ,, ~ • • .. ·.,·· . .. V I .. . ~ , , , , , ,, ~--, , , . ,' . . A .· / .;/ . I ' i, . & . ' • ~ -39 -~ #99 :fxrel'!N / ... ~,.. ... -· ... EasemenV .,.. / / ... / / / ... // ... i . ·fi_ F I \: I 1· I j '-..... •· --· ........ !-· ,·, I .. ----·-·· " . ' I I I • \ j I I I \ 1)1 II l , I ii // ' ! ' v> / I I , I 11.JZ-l .· +-w>' -I 1 ,. -., ------'---t'-1-1---r-1-J__ __ -~ i132. ---1 ~----·-:--~ ~~~~ ,--.,:;,:~ I v; >-:· P" I .v ('' /. ' ' 1,,,,:/-I :-f--.If '.. V ~- /J.. ··-·x----l. {, ~.:r >. -,'il"' :-·," ~ --\ j -0 11> ., • e"' ,q I T ·, ,o/ bfV'' / , ,., i\\":,ho (J. ,¥' . ~~' .. g ... ------....-·-~,.-... ---""' / --·-· _____ ,._ ..:--------➔---. ·--... I I I C ~ .s:>~ .111. o..._ ,---I X 929.6 N I .ll.c. + ~pt,~~ \S,. .111. ~N ~ cov? ,\II. \ ,11!, \ \~ X .Ill. C . . \ tr 0 ~l!i __ --.:-.. '· .. :\,t:~-~# :. --;.· .. · I•~·;_•: 4. ~. ' , . .,,. . '"' r -,-Y f ..:. I --- 1089.28 Edge of• NB5°E 5 6 ' /\ L. M "' D '"° . . . ,nd ---. "1/.: -.7 ~ '(,, ~-~~v I 20500 H-! ... .. .. -·· .· . \ ' . . ______ ::,., I It) I ~ I I I I I ~: sil I I ! I I I I I I ' ' ~, ' .......... ::i. ' .... ). { I I ~ _ ..... ,.,..,.. . ....:;.,;-::. ------·--t:,osernen\···· ·•••·•• • -••••••••.•.••• ~ ---·-.... ·-.... 2670.90 '· ' \ . . ______ !8~13 ' . . ' . i . ' . ' . I I I .. I f / ___ _J _.:/ . ~ . -. : ::;--· :;:~-· _ .. :.,.-· .-. -.,,. .. . . . -. ::~--;-."-::: -: .. -:. •. .-'.. .:i ... 'y. -: .. , ::. .----... _._-· .. · j. ·' .. ;;. _ .. · .. ·· . ~~.~----. .. ·_ .. :·:·. :.. .. -. - --.---:.-:.--· ····-:_ ::.·. ~:.. - ---...~--. SUSAN WILSON 325 South Brown Road Long Lake, Minnesota 55356 (612) 473-9113 September 19, 2002 Steve and I have received the notice of construction of a tennis court/hockey rink and perhaps pool at the DeVries home which is directly behind us-across Long Lake Creek. I called Gale De Vries and talked to her about it as we sold them the lot that is part of the plan. I told Gale that we have two concerns. The first is that the Long Lake Creek watershed area which includes the wetlands is very important in this area. It holds lots of wildlife - the wooducks and mallards nest there as will as Blue Herons and Egrets. We have deer and coyote and all the smaller mammals and many songbirds. It is the main reason people like to live along here, and I hope that whatever construction is done it will be well within all of Orono's wetland ordinances. The second concern is the lighting of this sports area. We look right over the wetland and creek. Our house is positioned to take advantage of it. Extra nighttime lights would be a huge detriment not only to our wildlife but also to the serenity and quiet of our view from our living room and bedroom. I think lit hockey rinks belong in park areas and have encouraged Orono to consider one at the Golf Course area. The peacefulness of this area would be ruined by a lit rink. Thanks for considering our issues. I guess the Wilsons are the most impacted by this plan. There is an area at the end of the Abingdon Way cul de sac that is higher and farther removed from the creek and wetland area that would be better for a court as you wouldn't have to alter the land area as much. However I still think the lights would be a bad idea for all neighbors in the area. Susan and Steve Wilson Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (952) 471-0590 Fax: (952) 471-0682 Email: admin@minnehahacreek.org Web Site: www.minnehahacreek.org Board of Managers Pamela G. Blixt James Calkins Lance Fisher Monica Gross Scott Thomas Richard Miller Robert Schroeder ~ Printed on recycled paper containing v:J:/ at least 30% post consumer waste. Minnehaha Creek. Watershed Distriut Improving Quality of Water, Quality of Life Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements and information contained in the permit application, correspondence, plans, maps, and all other supporting data submitted by the applicant, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below for use and development of land in the Minnehaha Creek Watershed District. Issued to: Tim Deuries Permit No: 02-255 Location: 2180 Abington Way, Orono Purpose: Rules B: Erosion Control Date of Issuance: 09/18/02 Date of Expiration: 09/18/03 By Order of the Board of Managers d. ~ .. ~-==-?~--=---·· Micfiael Wyatt District Technician This permit is not transferable, and is valid to the date of expiration. No activity is authorized beyond the expiration date. If the permittee requires more time to complete the project, an application for renewal of the permit is required. The applicant is responsible for compliance with all District Rules and for the action of their representatives, contractors, and employees. Conditions: Project to be completed as described in plans submitted to the MCWD office on September 18, 2002 and according to the provisions of this permit. • Properly install and maintain all required MCWD Rule B, erosion control measures until the disturbed areas are restabilized • Silt fence must be orange in color • When the site is restablilized and the MCWD staff has performed a final inspection, all silt fences must be removed (Statement concerning fees for inspections, violations, etc ... on reverse) Inspection/Analysis/Monitoring Fees A site inspection and monitoring by District staff will be performed where the activity involves: • a commercial/industrial/multi-family residential development • a single family residential development greater than 5 acres or of any size if within the Minnehaha Creek subwatershed • any alteration of a floodplain or wetland • dredging within the beds, banks or shores of any protected water or wetland • a violation • any project which in the judgment of the District staff should be inspected due to project location, scope, or construction techniques In these cases, the applicant shall pay to the District a fee equal to the actual costs of field inspection of the work, including investigation of the area affected by the work, analysis of the work, and any subsequent monitoring of the work, which in the case of a violation shall be at least $35. Standard Fee Schedule (hourly rate)* District professional staff District interns District clerical staff Consulting Senior Engineer Consulting Engineer/Technician District Counsel Application fee Copy costs Audio tapes 509 Plan CIP * Hourly $ 47.00* $ 33.00* $ 40.00 * $ 126.00* $ 89.00* $ 125.00* $ 10.00 $ .25 + actual staff time $ 20.00 each $ 50.00 each $ 10.00 each Gray Freshwater Center Hwys.15 & 19, Navarre Mall: 2SOO Shadywood Road Excefslor, MN 65331·9578 Phone: (952) 471•0590 Fax: {852) 471-0882 =mall: 1dmlnOmlnnehahacreek.org Neb Site: w.rw.mlnnehahacmek.org oan:t of ManageB amelaG.81lxt unes Calkins mceflaher anlcaGross lOttlbomas chaldMPler iberl Schroeder . ~ · Miuehda Creek. Watersheo JJistriot Improving Quality of Water, Quality of Lift TO: FROM: RE: FAXMEMO Phone#: 952.471.0590._ Fax #: 952.471.0682 ·#of pages including cover: Message: i \ ll/l0'd c890llvcl9 Q3HS~31~M ~33~J ~H~H3NNIW .,. . ·, DISCUSSION/VARIANCE Permit Application No.: _.0=2'--"-2,,_,,,5_5 ______ _ Rule: =Jt_/D=/1-=----- Applicant: Timothy Devries Project: Tennis Court Construction Location: 2180 Abin2don Way, Orono Received: 07122/02 Complete: QB/09/02 Notification: !)8/13/02 Recommendation: Approval. Pennit should not be issued tmtil the following conditions are met: 1. Reimbursement of mailing costs 2. Payment of Rule J fees 3. Submittal of a declaration for the preservation of wetland buffers which must be executed and recorded Background: The appHcant is proposing to construct tennis court at the location cited above in the City of Orono. The site contains of an existing wetland of greater than. five acres in size which wil1 not be impacted by filling or excavation as a result of the proposed project. The applicant is requesting a variance from the buffer requirements of Rule D due to site restrictions (see below). Perm.its would allow for the grading, construction of impervious surface, establishment of wetland buffer and wetland buffer impacts. Rule'B: Erosion control consisting of silt fence has been provided throughout the site. Ryle D: As stated above, one wetland of greater than five acres in size (DNR PW 862W) currently exists on site. The applicant has proposed a 35-foot buffer in accordance with Rule D, but has requested a variance for a portion of the buffer (see below). Rule I: A variance has been requested from Rule D to allow the construction of the tennis court within 298 square feet of the required wetland buffer. Because the wetland encompasses a large portion of the property, the applicant has cited a Jack of avajlable upland area to accommodate both the tennis court and the required buffer. The applicant has proposed to dedicate an additional 775 square feet upland area adjacent to the wetland as compensatjon for the proposed buffer impacts. Attachments: 1. Permit application 2. Site plan/survey 3. Site location map 4. Variance request (3) /?--~- Michael D. Wyatt ~ !fate ll/c0'd C890llvcl9 CT3HS~31~M ~33~J ~H~H3NNIW 9£:Sl C00c-lc-8n~ c..\ •1w11lt!f. '<····<: ~ ., ··-......... :::-,...... 0 2: tu)ne i!nd el=ctnc ~upply In futur" pool huild1n9 ,u~al<:<1 liy J<>lm A,111mwrl. ,1101 -· .•.• c890ll17ci:9 ,, '·--: ····-Jr {fl '·,,~········<',.y... 1 • -·::\:'" ,,.:, ~-: • •• • • \. ,. • ~O' sfrleyar<l setback ···• insta ater Im from © ·•·· ~-. ·:;:; e)(istin well lo 1ew (./) ···· ·· ·· ·· ... frost p oof yarc: • ····• ..... hydra1 t .... _ Nt>\e,. resin,,; (h!trub~d &r<m• with tupsoil ,in<l ellhtof 1ungr.:1ss er phlnbngs 111,111 ,.'-',.•il.'l.cu1 k:~1·k G3HS~31~M ~33~) ~H~H3NNIW .. ~ ·~ Q ,1 .Use ll,i DNR, juri$4ic form Shad R£QUI JNED JOINT NOTlft-.,.A TION FORM-WATER USOUR( A.PPLICATION w notify/apply lo 1he M~ha.ba C~k W a1.:isbed Oislrict (MCWD)~ 1heir engineering consu1,an1s.1he ennepin ~ion District of a proposed \\'ater/wetlaod project or wmt \\1hich may fall withil'l 1heir · agenc:ica should advise )'Oil -of their juris<lidion or pennil requircmc:nt5 within 10 cla)"S. Fill aut this sad mail a OOP)'~ -with plan, maps. etc .•. 10 the MCWD, Gray FreshMlcr Omti:r, Navarre. 2S00 I, Suili: 37, Exeelsior, MN !5331. Keep• cupy for )•our records. YOU MUST OBTAIN ALL l'HORIZAnONS B£FOR'E BE(UNNIN(j WORK. . A~{S1Mlt.kP1>.0.t1x#.CJty.SUlt",Zfp,~ z.1eo ;,t:(/Jtb,D:JIJ tOAYl (;#JAJO ,rw 552,~ 2. u:,cati,;n l,r prop~,:1~ pri..,jcct t'A1tilll':b dr.av.ing w/dirocdons ELH-iti:): 117,J ~Zr W S · "I ~ ~ Ail.I~ ("OUNT,J QT~ ~&J'ION(..~) SEC110N{s) 3 'fOWNSl UI"($_) RANQ~_s) . L~. BJ(lclt, Subdivision ~Ais,,,..,,..., l'r~'.l /\DDRf:SS: 2.lc!:O HI/A.Jb'lf»J alA1t·nv· . . ·-{,: ... ·;· rlAJ 5'5 3S"<e? l. iENGl"H Of $HORE AFF:Eci;l:Jl ti'.r1fi:cl): . VOLI..IME ()f.-1·11-l Olll:XCA VA ;nol'q(."1:ibia: }-:ttd,,= . JI 000 .t\kf.A FlJJ.f:D Ok F .. 'XCAVA'fl!:() JS ~ Am-s. OR Sq\tilN Fu~- 4. 'fYJ'B OF N!-l'.MJ'f IJEJNO hPPUEV FOL~: ~ll1cck iill thi'lt awl~·l: 0 SJ'OltMWhU:R.MANAGE..\1P.~T l>LAN O FtOODl'l.AlS ALl~µATlO~ OSJJoREU~B IMl-'R0VEMENT aOJUPRAP C.sroEt.'1 s~WER OUTF AU.s b.0sANDBLANXET Ottf. JUOOB REMOVAL ~□JU:.T A.r.lllSO WAl.L ~~I!&. Clfl. \'"ElUCROSSINCiS OTHER{l)ESCRUlEt ~\of.J ~,;r~k « ~1!1'0N S. PROJECT lJURPOSE (wby is Ibis project n«dcd -'i\'hat bct1elits \\'ill il pro,.idc1) ~~~'?'Ct'J~- D Wfi"llAND AL lERA"llON 0 BXC'AVATION (LlllEOO(NOl sOWllDUFE b.0 NA\'IGATlON eO BlOl~NOlNEERJKO 6. ALTEJtNATJVES (~!ICr.ibe any o1he« ,,1es or meth,.1J11 that could be u..~d 1,, cll.':hiia,.~ she l'lllf'l,111l ,,r )',,ur rroj~i:• whi!t a\',1idinl? -1.'f minitnizinJ Wllt~/\\'1:lland ilnpM:L"I:. Attai:h additional sbi:dsi, if tteL-ded. 7, DA'ffiS l~d s~nofae1i•,i1y: ~ ~Ufr l'I-Ctpci~,J co1npletion: l tldcntifv 0Clffl lcr.cd \\\Mk on a1ta~d draw· ) 8. NAMES & ADDRESSES OF ADJOINING PROl1.ERTY OWNERS ~·A1ia~1, list if more) 9. PERMITS HAVE BEEN RECEt\""ED,.(R) OR APPLIED FOR (A_) FROM: __,ONR _ ARMY C-ORPS OFENGR _ C'OUNl'V _ CITY _.:_MN POLU.ITION CONTROL AOENCY . I hc:1:eby DDti.ly tlll: rccipk:EIII-Df this fonn-ot· lbe project prq,mal bcR:in .and request l t,e advis,d oJ' any pc:rmils « Olber dci.emuaatiicm- ·~wming t)1is ptaj~t 1ba• I ,lfflM oliaa.in. I UlkfimtaDd that Pl\~iDs wilh wQl'k befoN rul ftl,)lliHd aLllhodzati(JnS are '>~i,wd ma)' lie subji:.,:t to Ecdtral, 1:01l'fillf«local admini&lnllM, ch.ii aadlor criminal pcnallics. ~,z,.vov--t ~ Date CT3HS~31~M ~33~J ~H~H3NNIW MapQuest: Maps: print .... , ... M _,,MU ~rJ1•'' J• J. _____ ,, __ ,,, _______ _,,,. ___ •r•---.. • .. •••--~-•--"-•---•-- 2180 Abingdon Way Orono, MN 55356-9497, us w Action ca Internet: Explorer wa The page might be te •-r1••·-··•-111~~-,-,,.,.. .. --~-.. w Action ca lnternet Explorer wa The page rnight be te Y!"'f,..ll"lllll,.,.llo\,,,.,.,l .. _1'f•t'll•1!llt ... -~l'l\-•11- f/,, = ;t 0 "1i'l,'fr{.,, __ W·"··•'-' ... CD w Action ca w Action ca Internet Explorer wa Internet Explorer wa The page might be te The page might be te •1111111•1_,,f,,,....,.,U"'°"•••1•1••-"11tl_,b_llH-P ••••-"""-•1-.. p•,..,i,,,lm11-,•-ll.,R-"tl Please try the followi Please try the followi Please try the follow! Please try the followi This map is informational only. No representation is made or wam,nty given as to Its content. User assumes all risk of use. MapQuest and Its suppliers assume no responsibility for any loss or delay resulting from such use . .P.rlV..!!!!;,Y,J~Q,ljCl( & Le,9.~l..,NQijJ;~s © 2002 MapQuest.com, Inc. All rights reserved. Pagel of 1 ll/S0"d c890llPcl9 03HS~3l~M ~33~J ~H~H3NNIW · --·-• --n,◄ /11'\rt l£:Sl C00c-lc-9n~ .. r· iy Freshwater Center ,ys. 1·5 & 19, Navarre "· ~I: 00 Shadywood Road :celsior, MN 55331-9578 1one: (612) 471•0590 oc: (612) 471-0682 11all: 1min@minnehahacreek.org rebSite: ww.minnehahacreek.org 3oard of Managers 1amela G. Blixt lames Calkins .anceFlsher V,onlca Gross t'homas W. LaBounty Thomas Maple, Jr. Malcolm Reid ..,,,.. l'rlmadan lecyt:ladpapat conllllnlng lilltl.11 .. o1a~oootcanBUt1tarw:me. _ Minnehaha Creek. Watershed District Improving Quality ofWate1i Quality of Life Request for Variance And Statement of Hardship The Board of Managers may hear requests for variances from the literal provisions of these rules in instances where their strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The Board of Managers may grant variances where it is demonstrated that such action will be keeping with the spirit and intent of these rules. An applicant granted a variance from full compliance with a requirement of the rules woul.d be required to meet the requirement to the degree feasible short of full compliance. In order to grant a variance, the Board of Managers shall .determine that: • the special conditions which apply to the structure or land in qu·estion do not apply generally to other land or structures in the District • the granting of such variance will not merely serve as a convenience to the applicant, • the variance will not impair or be contrary to the intent of these rules. A hardship cannot be created by the landown.er, the landowner's agent or representative, or a contractor, and must be unique to the property. Economic hardship are not grounds for issuing a variance. A variance shall become void one year after it is granted if not used. A violation of any condition set forth in a variance shall be a violation of the District rnles and shall automatically terminate the variance. Date Permit# C>Z -Z.,5 5 Address '2.18o ~~DO~ WAY l O~AJO, -rcJJ # 55-a:,s;G:, Telephone number t:D~: ~~ fl?/3:::f/J l ~~f'-tz....~ .. qea-4-'7't~~4-v Property ID number MCWD Rule (circle applicable rule(s)): AB c@r, F G J KM N 11/90"d cB901lvc19 G3HS~31~M ~33~J ~H~H3NNIW R . "2.._.L::._ i o...u~ ti!!. ~r-1 w .,...,--, ...A.,,c "I~ eqmrement.s of rule(s) ;;;Jwi' ~ 1 ·, ~ ~ \ rvu '--z;-\.vr ,vv'-...) RequestedVariance ~'fb ~. ff, ~JT1~ IN'TC> o5' J3()~. Statement of Hardship (include any mitigating circumstances). 1J-l:t:. ~N\~ ce>OFr ~AYJT ~ MOIJe.D ~f{ Tl-tf-ffOF~ ~-rlo.AJ r ~ Of Cf-()µ:) qe_~ ~l/-t-~~o-\IuU::J-""'~/\J/47 C:OOf=f C,,AIJJ.)Of ~ Cl)~~ e;A) Lbf'5 w1t11Dcxr A ff-!t11-1-Y~cr~, A Ho~.. 111 C:\FlLES\lcJnplatcs\Varlanoe request.doc 2 c8912nlt;,ci:9 a 3Hs~3l~M ~33~J ~H~H3NNIW ' .• •· How do you propose to meet the requirements of the applicable MCWD rules? ffO~ ,75~ nrnbA110D~ -ro ,AJAA'W ~ z.qe ~ ~~rvru..:rr~ Staff Recommendation (For staff use only) C:\FllES\tentplates\Variance request.doc 3 ll/80'd c890llvcl9 03HS~31~M ~33~J ~H~H3NNIW Minne~aha Creek • Watershed District Improving Qualiry ofWater, Qu1.ility of Life Thursday, August 22, 2002 6:45p.m. -Board of Managers Minnetonka Community Center 14600 Minnetonka Boulevard Minnetonka, MN 55345 Council Chambers Board of Managers: Pam Blixt, President; Lance Fisher, Vice President; Monica Gross, Treasurer; lames Calkins, Secretary; Robert Schroeder, Manager; Scott Thomas, Manager; Richard Miller, Manager Note: Indicated times are estimates; actual times may vary considerably. Individuals with Items on the Agenda 6: 15-6:45pm 6:45-6:S0pm 6:50-7:00pm 7:00-7:lSPM 7:20-7:30pm or who wish to speak to the Board are encouraged to be in attendance when the meeting is called to order. 1. 2, 3. 4, s. Violations Committee Meeting Board Meeting Call to Order and Roll Call Matters from the Floor Anyone wishing to address the Board of Managers on an item not on th~a or on the consent ai(!nda may come forwa1·d at 1his time. Comments are limited to two minutes. CAC Report* 4.1 Presentation of CAC August 6, 2002 Minutes-O. Woodruff Approval of Agenda• (Additions/Corrections/Deletions) 6. Presentations, Awards, and Special Recognition None CONSENT AGENDA (The consent agenda is considered as one item ofbusincS$. It consists of routine administrative items or items not requiring discussion. Items can be removed from the con:;e1n agenda at the request ot'a Board Member.} 7. Approval of Minutes None 8. Approval of Check Register* 9. 8.2 Checking Account 8.2 Petty cash Account Consent Permits* 9.1 .Q.2-2298)2-27'5 City of\ljctorja: The City of Victoria has applied for permits for Rule B: Erosion Control and Rule N: Stormwater Management for the construct! on of road improvements to Steiger Lake Lane and Rose Street and a bridge replacement on Steiger Lane. in the City of Victoria. 9.2 0~•245 Sienna CgmorruiQQ: The Sienna Corporation has applied for permits for Rule B:_Erosion Control, Rule D: Wetland Protection, and Rule N: Stormwater Management for the construction of Phase 2 of the Hunters Crest development located on Highway 7 in the City of Minnetrista . .,, Attachments enclosed . ..,. Attachments to be sent under separate cover. a 3HS~3l~M ~33~) ~H~H3NNIW 8£:Sl C00c-lc-8n~ 7:30-9:00pm 9:00-10:00pm 9.3 02-254 Camp Teko: Alan Engler of Diversified Construction has applied for permits on behalf of Camp Teko for Rule B: Erosion Control, Rule D: Wetland Protection, Rule F: Shoreline Stabilization and Rule N: Stormwater Management for the construction of various llilprovements including buildings and trails at Camp Teko located at 645 Tonkawa Road in the City of Orono. 9.4 02-263 Curtis Chrjstense□: Curtis Christensen has applied for permits for Rule B: Erosion Control and Rule D: Wetland Protection for the construction of a single- family home located at 7955 Wind Ridge Trail in the City of Minnetrista. 9.5 02-269 Hopkins Public Schools: David Shapley has applied for permits on behalf of Hopkins Public Schools for Rule B: Erosion Control and Rule N: Stormwater Management for the construction of improvements to Alice Smith Elementary located at 801 Minnetonka Mills Road in the City of Hopkins. 9.6 02-270 Hennepin County: Hennepin County Environmental Services has applied for permits for Rule E: Dredging and Rule F: Shoreline Stabilization for the maintenance of the Libbs Lake Channel on Lake Minnetonka within the City of Minnetonka. 9.7 02-271 City of Mound: The City of Mound has applied for permits for R.ule B: Erosion Control and Rule N: Stormwater Management for the construction of a new public safety facility located at 5341 Maywood Road in the City of Mound. 10. Consent Items None REGULAR AGENDA 11. Board Action on Violations Committee Recommendations 12. Permits Requiring a Variance or Board Discussion* 12.1 02·213 Lundgren Brothers/ City of Victoria. Lundgren Brothers Construction and the City of Victoria have applied for permits for Rule B: Erosion Control and Rule D: Wetland Protection (with a variance) for the construction of a trail system next to T.H. 5 in the City of Victoria. 12.2 02-255 Tim Deynes: Tim Devries has applied for permits for Rule B: Erosion Control and Rule D: Wetland Protection {with a variance) for the construction of a tennis court at 2180 Abingdon Way in the City of Orono. 13. Board Action Items* 13.1 City of Long Lake Request for Alternative Notification for Permit 02-210-M. V\fyatt 13.2 Reconsideration of MPRB of Lake of the Isles No Loss or Exemption Application- M.Wyatt 13.3 Appointment of Michael Palm and Gina Van Amam to the Citizen Advisory Committee-J. cllis 13.4 Amend Resolution Approving City of Mound's Water Resources Management-G. Spiotta 13.5 Approval of City of Wayzata Water Resources Management Plan Cooperative Agreement-G. Spiotta 13.6 Government Relations Contract Approval-E. Evenson 13.7 Selection of Medla Relations Consultant and Contract-Approval-E. Evenson 13.8 Selection of District Engineer and Contract Approval-E. Evenson 14. Discussion Items 14.1 Presentation of Cold Water Springs/Hwy 55 Monitoring Report-Kelton Barr " Attachments enclosed. ll/0l"d c890llvcl9 ""/\H-.,,-hmontc: tn h12 !11:P.nt 11nrlt=1r seoarate COVer. CT3HS~31~M ~33~J ~H~H3NNIW 8£:Sl c00c-lc-8n~ H"d 11::Jl□l 10:00pm 15. Adjournment 16. Pending Board Agenda Item -District Policies and Procedures -Personnel Policies -City of Richfield Water Resources Management Plan 17. Pending Workshop/Discussion Items -Discussion of District's Role on Land Use within Floodplains -Staff Project and Program Updates -District Strategic Operation Plan -H & H Updates -Stormwater Utility Fees 18. Upcoming Meeting Schedule *ill:Thursday, Sept, 5, 2002-Budget Workshop-Minnetonka Community Center Minnetonka Mills Room **Thursday, Sept. 12, 2002-Meeting-Minnetonka Community Center-Council Chambers **Thursday, Sept. 19,2002-Workshop-Minnetonka Community Center-St. Alban's Room **Thursday, Sept. 26,2002-Meeting-Minntonka Community Center-Council Chambers * Attachments enclosed. *"Attachments to be sent under separate cover. ll/ll"d c890llvcl9 03HS~311::JM ~33~J l::JHl::JH3NNIW 6~:Sl c00c-lc-8nl::J MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 19, 2002 6:30 o'clock p.m. (#02-2816 ORONO MONTESSORI, INC., Continued) Mabusth moved, Smith seconded, to approve Application #02-2816, a Conditional Use Permit for Orono Montessori, Inc., 3800 West Wayzata Boulevard, for a daycare facility and school subject to the staff conditions that the applicant obtain a DHS license and limit the number of enrollees to 60 students. VOTE: Ayes 5, Nays 0. Kuruvilla clarified that he would have 60 enrollees, plus the appropriate staff. (#8) #02-2819 TIM DEVRIES, 2180 ABINGDON WAY, CONDITIONAL USE PERMIT 8:57 p.m. -9:45 p.m. Jim Robin, Landscape Architect representing the Applicant, was present. Gaffron explained that the applicants are requesting a conditional use permit to alter land in excess of 500 cubic yards. The applicants are constructing a tennis court on the property and a conditional use permit is required because the applicant is proposing to move 1,040 cubic yards of fill. Gaffron noted that the applicants own the property (Lot 6) and the adjacent vacant property (Lot 5). He pointed out that of the 1,040 cubic yards of fill to be moved; approximately 120 cubic yards will be trucked from the site to another location, approximately 500 cubic yards will be trucked to lot 5 and the remaining 420 cubic yards will be used as fill on lot 6 to construct the tennis courts. The tennis court will be located southeast of the residence and meets front and side yard setbacks, the 26' setback from the delineated wetland on the property, and will be 180' from Long Creek where a 100' setback is required for non-sewered property. Gaffron indicated that it appeared that the plan did reflect a slight encroachment of fill into the 26' wetland setback area at the south end of the court, and suggested that modifications be made to the plan which incorporate a low retaining wall or other method to ensure this area remains undisturbed. Gaffron acknowledged that recent WCA (Wetland Conservation Act) regulations show that areas now defined as wetlands are more extensive on the site than those protected in 1983. Since the subject property is serviced by an on-site septic system, staff reviewed the existing proposal and found that it would not directly impact the system. Furthermore, the area being used for the tennis court would likely not be suitable for a future septic site due to its proximity less than 75' to the wetland. Gaffron noted that staff did have concern with regard to the propos ed "Wetland Buffer Mitigation" proposed directly downhill from the existing mound system and would recommend that another buffer mitigation site be located that would not impact the mound. PAGE 19 of28 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 19, 2002 6:30 o'clock p.m. (#02-2819 TIM DEVRIES, Continued) Staff went on to recommend that the area of fill and truck traffic on Lot 5 be reduced to about half the area proposed, and that the applicant take extra precautions to avoid any disruption within 50' of tested drainfield sites, to allow for future flexibility. With regard to the Engineers comments, Gaffron pointed out that it was suggested that heavy duty silt fencing be installed around the entire site where fill will be moved to. Gaf:fron commented that since the "drainage easement" on the survey/original plat define the boundary of the area originally protected by C&F easement, and new delineations show wetland boundaries differently than the conservation easement, a question is raised as to whether the C&F easement should be revised to reflect the new wetland boundaries. Gaffron continued that it appears to staff from the wetland report many of the wetland areas that weren't defined in 1983 are Type 1/2 wetlands, which the City in recent years has opted not to formally protect by easement but rather by filing in the chain of title a document notifying current and future owners that there are WCA wetlands on the site which are regulated. Gaffron stated that several option exist for the Planning Commission to consider: First, do nothing; Second, require the property owner to grant the City a revised C&F easement for the portion of the wetland not included in the easement at the time of subdivision, a costly option requiring a new legal description, survey, and filing of easement; Or third, acknowledge the non-City protected, WCA-protected wetlands via a notification document to be filed in the title. With regard to lighting, Gaffron pointed out that the tennis court was intended to be convertible to hockey rink use in the winter. The intention was to provide lighting around the rink structure, which has raised issue with at least one neighbor.-Susan Wilson, 325 Brown Road, submitted a letter voicing her concern with regard to lighting and protected wetlands. She wished to see the courts moved to the adjoining vacant lot and worried that lighting would disrupt their quiet view. Gaffron reminded the applicant that ice is light colored and highly reflective and consideration should be given to use of shoebox downward cast lighting with diffusers or timers to ensure lights are turned off when not in use. In conclusion, Gaffron stated that staff recommended approval based on 6 conditions noted in the memorandum dated August 15, 2002. Mabusth asked where the new wetland delineation lines were. Gaffron pointed out that the wetland delineation was positioned somewhat closer into the center portion of the property than previously noted. PAGE20 of28 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 19, 2002 6:30 o'clock p.m. (#02-2819 TIM DEVRIES, Continued) Mabusth asked if the wetlands were merely types 1/2 or more. Gaffron noted that, in general, the newly defined wetlands were extensions of the original wetlands and not viewed as wetlands themselves in 1983. Smith asked if there was a list of notified neighbors. Gaffron stated that the nearest neighbor is Susan Wilson, who lived across the creek to the east and up the hill. Mr. Robin stated that he wished to address each of the concerns or conditions noted in the staff recommendation. He began by stating that the applicant has no intention of compromising any existing wetland sites and intends to steer clear of any risk to the septic sites. He added that more heavy duty silt fencing was not an issue and the applicant had already committed to doing that and more. As far as the delineation and new recording, Mr. Robin stated that the applicant would prefer to not have to go to the added expense of additional surveys at this time and asked ifthere were other options. Mr. Robin indicated that the setbacks to wetlands do vary depending on the type and size, and he believed the court to be shoehorned in to fit the appropriate proportions currently. He continued that discussion had taken place with regard to moving the court to the other site, however, since no residence exists on that site, the accessory structure could not be supported there. This would also limit future potential sale of that parcel. Mabusth asked why trees were removed from the shaded area. Mr. Robin stated that the applicant was trying to eliminate the infestation of buckthorn and was also forced to remove the box elders that were beginning to fall upon themselves. Mabusth asked where and if a home were to be placed on the upper lot. Mr. Robin stated that there were no plans for a home to be built on the upper lot, but they have merely opened up the play area. With regard to staff recommendation #5, the encroachment into the 26' setback, Robin explained that the applicant would be building a concrete curve around the entire court approximately 6" to 12" to avoid spilling of additional fill. He pointed out that approximately 120 cubic yards of soft soil would need to be removed from that end of the court providing a diagonal support system. PAGE 21 of28 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 19, 2002 6:30 o'clock p.m. (#02-2819 TIM DEVRIES, Continued) Mr. Robin maintained that, with regard to condition #6, the applicant would locate light fixtures on the east side pointing west. Although the electrical will be built, there were no definite plans for the type of fixtures proposed. Smith asked what hours the lights would be lit. Mr. Robin stated that he assumed they would be lit during the early evening hours in winter, when it gets darker earlier, to allow the children time to play on the rink. He estimated the lights would be lit from 7:30 p.m. -9:30 p.m. He indicated that the lights would not be attached to a timer, but would be required to be turned on or off manually. Smith stated that the timer idea was to ensure that the lights did not get left on. Mr. Robin indicated that the electrical supply could be attached to a timer, but he would still design the lights to only be turned on manually, and as the electrical supply was cut, the lights would assuredly be turned off. Smith asked if the applicant was amenable to working with the neighbor. Mr. Robin believed that the applicant intended to be good neighbor and allow no light sources to go beyond the property lines, however, he would want to be able to use the rink in the evenings as well. Smith reminded the applicant that the deciduous trees would offer a different lighting perspective in the winter than they do now. Smith questioned the applicant with regard to condition #5. Gaffron asked that the applicant assure the City that it would be removed. Mr. Robin stated that he would submit a revised plan showing that they have accomplished the removal of the additional fill within the 26' buffer. Smith asked Gaffron for his opinion pertaining to condition #3. Gaffron stated that he would recommend that the Commission support the position that a copy of the notification document be attached to the file to make everyone aware that they may have to deal with WCA or MCWD later. He added that this has been done on a number of subdivisions Ill PAGE 22 of28 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 19, 2002 6:30 o'clock p.m. (#02-2819 TIM DEVRIES, Continued) the past. He would not require the applicant to obtain a new survey, since the City is not typically concerned with type 1/2 and their impact on the septic, or the septic impact on them. Mabusth questioned condition #1, the grading boundary for the septic in the northern area. Gaffron stated that he was unsure where the silt fencing ran on the northern piece with regard to the septic site location. Mr. Robin stated that the fencing runs through the wooded area and the stumper was self propelled so as to lessen the disturbance. Gaffron suggested that the applicant leave a 30' -50' buffer uphill and to the side, along with heavy duty clearly marked fencing up north, to ensure positive controls of where the dump trucks are driving and putting their fill. Mr. Robin stated that they will add signage to the silt fencing and communicate in dollars and cents with the drivers about where, and where not to, place the fill. Smith asked if any provisions or direction could be given to the applicant, with regard to lighting, in order to avoid any future issues with neighbors. Either by suggesting the type of lighting or hours of operation. Gaffron acknowledged that the Commission felt the need to tighten up the restrictions as a matter ofrecourse if the neighbors are unhappy with how things tum out. Smith maintained that she did not want to be confronted with problems from neighbors' 6 months down the line. Mr. Robin asked if they were proposing to tie the issue of lighting to grading. He pointed out that the applicant was committing to meet zoning issues and ordinance requirements with regard to the visibility of lighting, and they will do their best to make sure they are not creating a monster, but beyond meeting the City's ordinances they could not commit, in public, to something they don't know how people are going to react to until the actual thing is finished. Gaffron concurred, stating that the City cannot always ensure the future happiness of neighbors and regulate to do so. PAGE23 of28 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August19,2002 6:30 o'clock p.m. (#02-2819 TIM DEVRIES, Continued) Smith asked how they could agree that it will be minimal, that it will not operate in the middle of the night. Bremer stated that she assumed there were many other tennis courts in Orono who have not been limited in any way with regard to lighting or noise. Rahn stated that he was unsure he could support the proposal knowing that the court is already being shoehorned in to a wetland area, where it may not belong in the first place. He imagined the noise created from banging pucks on the rink walls at night would be obtrusive and worried about the complaints that might come back to the City. He didn't feel this was the location for a hockey rink. Mr. Robin stated that they have no choice where to place the court and asked Rahn what he proposed the owner do. Rahn stated that as far as he was concerned they could use the other lot, however, it was obviously a monetary issue as far as that went. He acknowledged that there were no regulations regulating people shooting pucks off the boards at 9:59 p.m. at night, but argued the City would sure hear about it. Bremer asked if there were noise ordinances that would be impacted. Gaffron reiterated that the CUP was for grading and not the use of the court. He continued that he didn't believe a few kids, some of who would likely be neighbor kids, using the rink would impact the neighbors all that much. He reminded the Commission that even the nearest property, the Wilson's, was approximately 500 ft. away. Gaffron stated that it would be difficult to find a location that is more remote from adjacent homes than the applicant has proposed. Mabusth asked if there were any way to legitimately deny this application. Rahn stated that if the delineations and moving of the wetlands is involved they could. Mr. Robin stated that they were not moving any wetland. Gaffron pointed out that they are encroaching buffers in a couple of small spots and mitigating. PAGE 24 of28 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 19, 2002 6:30 o'clock p.m. (#02-2819 TIM DEVRIES, Continued) Mabusth interjected that the applicant really had no option of placing the structure on Lot 5 because then he would have to legally combine the lots to get the credit for the principal structure, and he would not want to do that. Rahn stated that, in reality, he does have the option to do that but he chooses not to. Rahn asked if the applicant was encroaching the buffer or not. Gaffron maintained that he is not encroaching the City's 26' wetland buffer based on the changes he is going to make to the plan, therefore, there is no variance or hardship needed for-this. Mabusth asked if the City needed a mitigation area for the work. Gaffron reiterated that the City did not require it, but the Watershed does and what they've indicated they require is that the applicant merely protecting part of the area from any further change. Preserving the mound area virtually forever. Rahn asked for clarification if all that was before the Commission is moving dirt and fill for grading. Gaffron stated that because it is over 500 cubic yards being moved they needed to review it. With regard to the CUP, Smith asked for clarification that soil from one area of the owner's property is being moved to another area. Mr. Robin stated that if 300 cubic yards is 1 foot deep, three times that amount is being moved, half will stay and half will move up to the northern property, with 120 cubic yards of the soft bored soil likely removed entirely. Gaffron noted that approximately 10-12 trucks will be leaving the site. Smith asked, with regard to lighting, if the Commission could make a recommendation. Gaffron stated that it would be borderline to attach any lighting recommendation to a grading permit. Rahn stated that they will be required to meet the existing zoning codes and lighting is already in the ordinance. PAGE 25 of28 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 19, 2002 6:30 o'clock p.m. (#02-2819 TIM DEVRIES, Continued) Mabusth moved to approve a Conditional Use Permit for Application #02-2819, Tom Devries, 2180 Abingdon Way, for alteration of 1,040 cubic yards of soil subject to staff conditions #1-3, #5, and #6, as an advisory to the homeowner. Mr. Robin inquired if the delineation report would be attached to the file. Gaffron acknowledged that the copy of the document would be available for future development. Robin asked if the applicant could continue to manage the buckthorn in the buffer area and how to handle that. Gaffron suggested the applicant submit a plan for redevelopment removing either a bit at a time or all with an instant plan for revegetation. Mr. Robin stated that they would like to come to the City with a program of how they plan to manage that zone rather than let it get out of hand. Fritzler seconded. There were no public comments. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS (#9) Report of Planning Commission representatives attending Council meetings on July 22, and August 12, 2002. Smith reported that on July 22, 2002, the City Council tabled the Revis Stephenson application for further discussion. The Hennepin County application was approved. Mabusth reported that at the August 12, 2002 Council meeting, Attorney Galatz, for Stephenson's neighbor, brought in a sample of the size tree being planted on the slope. Which, in fact, seemed quite adequate to many of the Council members. The City Council incorporated some of the language from the Attorney's original document and approved the application. Gaffron added that the Stephenson's were required to plant 35 trees, including maples. The slope had settled enough by this point, that the slope was no longer an issue. Mabusth reported that Landform was directed to work with staff to resolve outstanding issues, draft a resolution, which approves their concept plans. PAGE 26 of28 100 ~ X 929.6 + / :1 __ /('-·' : ' ~-~~ , ) ,. /1 17 ... •· ..706.15 q, r -,-v f ..:. I 4 I089.28 5 \ .. -· ........ ........ ~a.,,:;..:..----.. • ---• • ··.. -----E,ase(t\4'f\\···· ····-... · ····---······- 2670.90 ', '. ' ' -------~8~13 I I I I I tt> I t-: t\l I ~ I I I I ~i ,fl I I ! I I I I I I I I I I I I I I I I I I I I I I $ t\l ,.._ ID 3 I() ,.,, 0 0 0 z __ Line .. of N I I . / I ./,/ ___ ...J :.-~· CITY of ORONO August 9, 2002 Tom Kellogg, City Engineer Street Address: 2750 Kelley Parkway Orono, MN 55356 Bonestroo, Rosene, Anderlik & Associates 2335 West Hwy 36 St. Paul, MN 55113 RE: Land Alteration Permit/Conditional Use Permit 2180 Abingdon Way Dear Tom: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Please review the following plans for a land alteration/soil correction project. The property owners are proposing to construct a tennis court on the property. The soil conditions are poor in the location on the property where the court is proposed to be located. Construction requires dredging of a portion of the soil and depositing new "better" soil from another portion of the property in that area. In all 1,040 s.f. of land alteration would be occurring on the property. Some of the dredged soil would be relocated to the property located to the north of this site (2150 Abingdon Way). This lot is an undeveloped property and is commonly owned with 2180 Abingdon Way. An additional 120 _·· yards is proposed to be transported off the properties. · I apologize for the last minute delivery of these plans as I did not have the plans until after you had left on vacation. If possible, please provide comments on these plans by Wednesday, August 14th as the item is being heard by the Planning Commission on August 19, 2002. Do not hesitate to contact me at (952) 249-4623 should you have any questions or request additional information. Sincerely, ·~~ vJ-tA~•x'}H' Paul Weinberger Zoning Administrator Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin.County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#02-2819, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of August, 2002. ~~- Denise M. Leskinen . • CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 . ' tiQilC.E . The Planning Commission will hold · public hearings In the Council Chambers at 2780 Kelley Parkway on · Monday, August" 19 , 2002, beginning at 6 :30 p.m. · on the matter of rev iewing the following land use applications: 1. #02-2782 Professional Properties of Orono, 2765 Kelley P!irkway, requests approval of a _revised site layout and build· Ing size/orientation pursuant to the . Concept Plan Approval ·granted In June 2002 for a proposed 1~,000 s.f. one-story med ical office building . 2 . #02 -2817 Big Island Veterans Camp, 100 Big Island, requests and amendment to a condit ional use perm it to permit construction of 5 additional cabins on the property . 3. #02-2819 Tim Devries, 2 180 ~blngdon Way, requests a condi ti onal use · permit to permit land alteration over 500 cub ic yards for the purposes of soil cor- rection to create a base for construction of a teimis ·court . · . All persons wishing to be heard are encouraged to attend this meei lng . Wri tten comments are accepte<! and .shall be submitted to . the City of Orono by August 14, 2002 . Plans are avallable in · the City Offices. For an appointment, please call (952) 249 :4600. · City of Orono . By : Planning Commiss ion . I Paul We inberger, Zoning Admin istrator/Planner . • · · I . (Published in The Laker and Pioneer 1 Aug .3,2002) ' AffiL vit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below : A .) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. 8.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks. It was first published Saturday the 3 day of __ A_u_g.,__u_s_t;:__ __ 2002, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 2002; Authorized Agent Suscribed and sworn to me on this 3 day of August , 2002. -By-:._---~~·4.L-i:-"i'-"'/J.LI.J.JJ"'--No-ta-ry_P_ub-lic-- KRISTI HOLM NOTARY PUBUC-MiNNESOTA Mt Commission Expies Jan. 31, 2005 Rate Information (1) Lowest classified rate paid by commercial users for comparable space : $15 .50 per inch. (2) Maximum rate allowed by law for above matter: $15 .50 . (3) Rate actually charged for above matter: $7 .96 per inch . Each additional successive week : $5.79. ORONO PLANNING COMMISSION Monday, August 19, 2002 6:30 PM 2750 Kelley Parkway -Council Chambers AGENDA Council Representative: Mayor Peterson AUDIENCE MEMBERS: ~R4F-, -y -G2.__ Please sign in for the public record at the front podium if you wish to address the Planning Commission. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for the September 9, 2002 City Council meeting unless otherwise noted by the Chair. CONSENT 1. #02-2811 Daniel and Ruth Parten, 1015 Tonkawa Road, Variance (Staff: Wendy Bottenberg) OLD BUSINESS 2. #02-2782 Orono Professional Properties 2765 Kelley Parkway, Review of Revised Concept Plan (Staff: Mike Gaffron) 3. #02-2801 Kathy Melin, 3309 Crystal Bay Road, Variances (Staff: Paul Weinberger) NEW BUSINESS 4. #02-2812 Marvin and Mary Smith, 1940 Country Club Road, Variance (Staff: Wendy Bottenberg) 5. #02-2813 Mark Welsh, 3625 North Shore Drive, Variance (Staff: Paul Weinberger) 6. #02-2814 William and Sandra Keegan, 2707 Walters Port Lane, Variance (Staff: Wendy Bottenberg) 7. #02-2816 Orono Montessori, Inc., 3800 West Wayzata Boulevard, Conditional Use Permit (Staff: Wendy Bottenberg) 8. #02-2819 Tim Devries, 2180 Abingdon \Vay, Conditional Use Permit (Staff: Paul Weinberger) PLANNING COMMISSION.COMMENTS 9. Report of Planning Commission representatives attending Council meetings July 22, 2002 and August 12, 2002. 10. Other issues for discussion. 11. Planning Commission approval of minutes for July 15, 2002. 12. Selection ofrepresentatives for City Council meetings on August 26, 2002 and September 9, 2002. ADJOURNMENT Application # D2 -Z g 19 Date Received 1-31-tJ ol.. Amount Paid d};)Q). o0/ CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address '2. l ~() f$:,(t-.)C!PJ:;01'J WA--( Type of Application to be Filed ----'-C,._._0_, f>_,___----------,---..,.-------- Property Identification Number (P.I.D.) 03--U 1-2 s 2 L/ 000 7 APPLICANT Phone (home) q5,Z-4"'7t-0°{'1-(_p Name dAJJ1½? ~/1'.) Phone (work) O/SZ.-4"14:-344-0 Address 5q~5 b~E::: f:::D ~ City ~tO~ Zip 6S?? I OWNER (if different th~licant) Phone (home) _______ _ Name ]JMAAD~f.l~ Address 'U EQ ff?lh'.)¢:t:Oµ Wtf< Phone (work) -------,----- City <2f0"'° Zip '55;' ~ 5G=, D~roperty Acquired I~ (do not) also own the adjacent parcels of land. ------------------ FEES -CONDITIONAL USE PERMITS - ___ $ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use --- ---$250.00 Institutional (church, school, etc.) ___ $225.00 Guest House/Guest Apartments ---$200.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use ---✓ $250.00 Land Alteration --- --- --- Grading and filling -designated wetland or floodplain V Grading and filling -501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ---$275.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation ---$200.00 Easement Vacation --- $100.00 Easement Vacation With Subdivision · --- ---$350.00 Rezoning (PUD -refer to fee schedule) ___ $375.00 Comprehensive Plan Amendment ---$100.00 Appeals Other -see Fee Schedule --- (month/year) REQUIRED SUBMITTALS 1. . Completed Application Form. ;x \ __ Describe request in detail. 3. Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 948 32711. ~ / 2-3, '-18-5'910 4. 5. 6. 7. 8. 9. Certificate of Survey ( signed by a licensed surveyor) -refer to handout for survey information. __ Attach legal description to application if not included on required survey. __ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). --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). Construction plan, if applicable (see staff for requirements). __ 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 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X ,17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale 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. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date ___________ _ APPLICANT'S 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 ce1iifies that the information supplied is true and correct to the est of his/her knowledge. · Applicant's signature ~-++JI-___, _________ Date 2,.S J()L'{ ~ OWNER'S SIGNATU The owner hereby acknowle ges agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. X Owner's signature •. ;7,7 (,c~tl""--Date / !Jt/QL I 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 arid advise the Building & Zoning Office of this change prior to the meeting. ' \ ,, /I C l /14) l .. .f2Uf (DEVIN LA) oun.orc /23) ,,. fff.39 • ~ {1P) ~ 3SIOSft'4''41W J71.01 ,, ... Uf,'10 .,,.., ~ ! , 1 2 ll (T) /25) ' 1 /24) ,~~ ~0--l \,0 (~) H8P"46'0 1"E 1115 112.$ ,., Het"46'011: ;; ~ 1r- i Sk.::: I ~ f )\..\.. ' (/) {1P) .,., \ ~~.::: 0 1 ~ ~Y& ~ 1 I 11.85 2e7,f5 I ' "2.. 2 ,70-11 "' /13) i \ /14) !! ,,Vl,1tD !! ; i LA ; i ;.Jl?D 2 i II L-7& ii ,;,~ ... ,..,i> /10) &,., f I /5) ; COL/NOR 25P.OIN§'45'f1W ' /15) ' .!--" --::" ' /8) "' /1 1) , .. 1 ' 18) Mt'W11"E.f1ts ""' /2/ ,., /3) g i oun.orA /18) ; IOS 4l .. ' .. ;; 9 ' ~ /10) (f7 r:f ' 172 i" EAST ~ /;} !j ? 2 /11) ' •4,~u•11• ; ";,\ ' ~ ~ /5) I " " .• :t,, .. '11... 2115.8.f i '": , · FOK -·-· -----:----t-I : · 12u, _;215t.U I ""'° ·--7 ~ l! I /11) ~ I ,i~ ,,,.., ffl I I cf, I /2) ' I I I ,., ; 100 ,-P ii! ii! ,R " CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to detennine 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. First Middle Last Address rw City State Zip Phone I understand my rights as stated above. Signature Telephone (612) 249-4 Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section .. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; ( c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to-receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be infonned of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 8 Ill . RUN DATE 07/26/02 BATCH 504 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 03-117-23 23 0007 02285 ABINGDON WAY ST & KW POLEY .STEPEHN & KATHERINE POLEY 2285 ABINGDON WAY LONG LAKE HN 55356 38 03-117-23 23 0010 02290 ABINGDON WAY J T BAKKEN & LL SHAW JEFFREY BAKKEN & LINDA SHAW 2290 ABINGDON WAY LONG LAKE HN 55356 38 03-117-23 24 0005 02205 ABINGDON WAY RB BRUCE & CK BRUCE RB BRUCE & CK BRUCE 2205 ABINGDON WAY LONG LAKE HN 55356 38 03-117-23 24 0009 00265 BROWN RDS PH KEARNEY/A A KEARNEY III PAHELA/ADRIAN KEARNEY III 265 BROWN RDS LONG LAKE HN 55356 38 03-117-23 31 0001 00445 BROWN RDS ERICH SHITH ETAL IVANETTE SHITH 445 BROWN RDS LONG LAKE HN 55356 38 03-117-23 31 0005 02180 FOX ST GA EBBECKE ETAL GEORGE A EBBECKE 2180 FOX ST LONG·LAKE HN 55356 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST 38 03-117-23 23 0008 02255 . ABINGDON WAY F & C STINCHFIELD FREDERICK/CHERYL STINCHFIELD 2255 ABINGDON WAY LONG LAKE HN 55356 38 03-117-23 23 0013 · 00038 ADDRESS UNASSIGNED ABINGDON GLEN ASSOC ABINGDON GLEN HHNRS ASSN C/0 RESIDENT OF 2205 2340 ABINGDON WAY LONG LAKE HN 55356 38 03-117-23 24 0007 02180 ABINGDON WAY TC DEVRIES & G W DEVIRES TIHOTHY C & GAYLE W DEVRIES 2180 ABINGDON WAY LONG LAKE HN 55356 38 03-117-23 24 0010 02150 ABINGDON WAY TC & G W DEVRIES TIHOTHY C & GAYLE W DEVRIES 2180 ABINGDON WAY LONG LAKE HN 55356 38 03-117-23 31 0002 00465 BROWN RDS BEVERLY SHITH SILBERHANN BEVERLY SILBERHANN 465 BROWN RDS WAYZATA MN 55391 TOTAL BATCH 504 00016 REPORT NO. PI435401 PAGE 21 38 03-117-23 23 0009 0224~ ABINGDON WAY MF SWIONTKOWSKI ET AL MARC F SWINOTKOWSKI & BETHE SWIONTKOWSKI 2240 ABINGDON WAY LONG LAKE MN 55356 38 03-117-23 23 0014 00400 WILLOW DRS ARTHUR & EDITH NELSON ARTHUR & EDITH NELSON 400 WILLOW DRS LONG LAKE MN 55356 38 03-117-23 24 00.08 00255 BROWN RDS HARGARET P COST MARGARET P COST 255 BROWN RDS LONG LAKE MN 55356 38 03-117-23 24 0011 00325 BROWN RDS CS WILSON & SD WILSON C STEVEN & SUSAN D WILSON 325 BROWN RDS LONG LAKE MN 55356 38 03-117-23 31 0004 02120 FOX ST CHRISTOPHER C HCGRANN ET AL CHRISTOPHER & SHARON MCGRANN 524 HARRINGTON RD WAYZATA MN 55391 Ill RUN DATE 07/26/02 BATCH 504 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 22 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN·COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF IIY KNOWLEDGE AND BELIEF. /l /4 19-~ . . · . . DATE 7,,.rr-,-P. BY NL S~Ji ,, i ftpp1:cet..</\."I James Robin 5935 Glencoe Rd. Excelsior, MN 55331 TRACKING SHEET FILE NO. 0~-~ 8 /9 Staff: u.Jm a / _Applie~nt: . ·11M-Dc@ i cS . . . A~~:!;' ... · ·· cJiJo 11d tAJt-oCi L ~ □ Meeting with Staff: □ Date Application Completed: 'I -31 -0d-, □ Incomplete Notice Sent: ef Date Property Owners Notified: ~-~--o ~ QI Date Legal Notice Published: Au<:,. 3 i 2C:>62-- □ PC Meeting(s): 0 ·Notice of PC Action: ----------g, 2.&,-0'2.- □ City Council Meeting(s): --~'-~----~- .. ~· D Resolution X:\APPS\WPWIN60\WPDOCS\CAROLE\FOR.\,fS\TRKNG.SITT G l)J "-'--< Tim & Gayle Devries 2180 Abingdon Way Long Lake, MN 55356 L .'f:!h .J t..0~· 5 63ob· 60Day: t:t--c)-1-0~ Vote: · 5-o A pp v, Vote: ----- Vote: ----- Vote: s-a Ap>j>V I : Vote: -----_ ... Vote: ----- -. City of Orono 2750 Kelley Parkway P.O. Box66 Orono, MN 55323 Phone: (952) 294-4600 Fax: (952) 249-4616 MEMORANDUM DATE: July 25, 2002 TO: File FROM: Paul Weinberger, Zoning Administrator SUBJECT: Land Alteration Permit and Conditional Use Permit Issues/Requirements □ Conditional Use Permit to permit land alteration greater than 500 cubic yards □ JI-Conditional Use Permits required (2150 and 2180 Abingdon Way) □ Application Fees j Z. S-0 □ Mailing address labels and plat map (From Hennepin County) □ Final grades to be shown on survey □ Septic Evaluation (discuss with Matt Bolterman, On Site Systems Manager) □ Minnehaha Creek Watershed District permits? (952) 471-0590 ~-v~ □ Lighting ordiance- 0 Copy of Wetland Delineation □ A copy of the plans will be sent to the City Engineer for review -The City requires two full sized sets of the plans and one reduced set (8 ½" X 11" or 11" X 17")