Loading...
HomeMy WebLinkAboutProject PacketCITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952-249-4600 TO: Frederick N. Puzak 1340 Baldur Park Road Orono, MN 55391 ZONING FILE #01-2714 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 25, 2003 TYPE OF APPLICATION: Request for Variance Amendment DATE OF MEETING: June 23, 2003 Council provided the following direction: 1. Council agrees to allow construction of a new home without requiring connection to municipal sewer, since no easement has become available to allow sewer connection. Council was not interested at this time in pursuing condemnation of an eaement. 2. The house should be designed to match the capacity of the septic system. 3. A new variance application is required because the prior approval has expired, and the changes from the initial proposal (i.e. revised house to match septic system capacity and no sewer connection requirement) would not allow this to be defined as a 'renewal'. 4. Council indicated support for granting of the same variances for hardcover, setback, etc. as were approved in the prior application. No vote was taken. A variance application packet is enclosed for your use. If you desire certified copies of the official Council minutes, they are available from the City Recorder after review and approval by the Council. If you have any questions, please contact Planning Director Mike Gaffron at (952)249-4600. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23, 2003 7:00 o'clock p.m. (LMCD REPORT, Continued) McMillan indicated that she would relay the City's position to the Board at the meeting Wednesday night. She stated that .it would not surprise her if others expressed similar concerns. Murphy inquired who would pay the price if the City would not support the expenditures. McMillan pointed out that the LMCD operates at 84% of the state levy limit; however, she believed the LMCD could tap into its reserve budget or put off expenditure for the time being. She noted that both Orono and Minnetonka saw increases due to their higher tax base. Moorse suggested the LMCD consider using reserves for the big ticket items for 2004, that are not in the budget every year. McMillan empathized with the City's concerns and reiterated that she would relay those sentiments to the Board at Wednesday's meeting. She stated that the vote was scheduled for Wednesday in order to turn the budgets around by July for member cities. In addition, McMillan reported that the Grand Opening of the Gray's Bay access was held. She indicated that its design was modeled from the Maxwell Bay boat access· and noted that two ponds were designed to handle the runoff from the excessive hardcover at the access. The City Council reiterated its objection to the 2% levy increase . Murphy maintained that he found it difficult to support the increase based on the lack of 'hardship' to support it. Mayor Peterson asked if the LMCD had any connection to the saveminnetonka.com website she had seen advertised recently. McMillan indicated that she had no knowledge of the website; however, she would visit the site to investigate. PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT 3. #01-2714 FREDERICKPUZAK, 1340 BALDURPARKROAD-VARIANCES- REVIEW CONDITIONS OF RESOLUTION NO. 4720 Gaffron explained that the applicant had requested the Council approve eliminating the variance approval condition requiring connection of his proposed new residence to sewer. Gaffron noted that the new septic system constructed in 2002 for the existing house does not have design capacity to serve the proposed 5 bedroom home. In addition to the need for a formal variance renewal (which expired 11-13-02), the Resolution language calls for Council review since the sewer connection is not feasible and construction using a septic system is not consistent with the variance approvals. Gaffron stated that the neighbor has failed to file the appropriate sewer easement as requested by the applicant and the City. PAGE 2 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23, 2003 7:00 o'clock p.m. ROLL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council Members Jim Murphy and Bob Sansevere; Acting City Attorney Sean Simpson; Represen · ng staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Engineer om Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterso called the meeting to order at 7:01 P.M. \ CONSENT AGJD\A 1. .-\.pprove/Amen\f \ Council members add~t;l items #11, 12, 13, 14, 15, and 17-24 to the Consent Agenda. \_ \ Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. \ _ APPROVAL OF MINUTES\ *2. Regular Council Meeting o¼une 9, 2003 \ Murphy moved, Sansevere secon1(1, to approve the Minutes of the Regular Council Meeting of June 9, 2003 as presented. VOTE\Ayes 3, Nays 0. PARK COMMISSION COMMENTS ~at Wolfe \ Wolfe had nothing new to report, however, ~Q_uld remain for questions. \ PLANNING COMMISSION COMMENTS -~\David Rahn '\\ Although Rahn had nothing new to report, he indicate~ that he would stay for questions. LMCD REPORT -Lili McMillan \\\ __ ···-.... \, McMillan reported that the LMCD would be approving its 2004, budget on Wednesday evening's Board meeting. She indicated that a 2% increase in the budget wl:t~ expected, for a total $440,000 budget, accompanied by a $252,000 levy amount. Although she w)~ disappointed to report the increase, she pointed out that additional expenses including a 2004 us~r survey, boat count survey, and purchase of a barge to assist in the harvesting of exotics impacted \he upcoming budget. McMillan stated that Orono's portion of the increase would be approxiinately $1,400 to its levy amount and asked for Council's comments on the increase. \ Moorse stated that, due to budget cuts in all branches of government, the City of Orono would not be increasing its 2004 budget. He questioned why the LMCD was not striving to hold the line on their budgets, given the cutbacks throughout the area. PAGE 1 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23, 2003 7:00 o'clock p.m. (#01-2714 FREDERICK PUZAK, Continued) Gaffron shared the staff recommendation that the applicant be advised to 1) redesign the house to a 3-bedroom configuration, 2) make a new (not renewal) variance application for a revised house plan and connection to the existing 3-bedroom capacity septic system rather than to City sewer. As an alternative, to preserve his 5-bedroom design, Gaffron indicated that staff suggested the applicant might again request the City condemn an easement for sewer. Staff would request Council provide direction as to whether there would be support for proceeding with a condemnation. Gaffron pointed out that an additional alternative would be to allow construction of a 5-bedroom home connected to the 3-bedroom septic system, and require that the house be connected to sewer as soon as it becomes available. Gaffron asked the Council to provide the applicant with additional direction. Mr. Puzak indicated that he had been working on this application since 2000 and would like to be given permission to move forward and build his house. He asked the Council to consider allowing him to build more than a three bedroom home. Sansevere asked ifthere would be any benefit in trying to continue to reach the neighbor, Mr. Franklin, to obtain an easement. If not, Sansevere asked how the City would view condemnation. Gaffron stated that the City, and the applicant, had both exhausted trying to contact Mr. Franklin. He discouraged condemnation proceedings, stating that they would be costly and time consuming. Puzak stated that he had received no call backs from Mr. Franklin in two years. Gappa concurred, stating that the Franklins had been unresponsive to two letters and that no easement had been filed. Mayor Peterson asked if there was expansion space for the septic system to allow for a larger home. Puzak indicated that there was an alternate 4-bedroom capacity site on the property that they would be investigating further. He asked if he could be allowed to proceed with the hardcover and lakeshore setback variances that were approved already and continue to work on the septic plan. Given the fact that the municipal sewer requirement would be deleted from the conditions, Gaffron maintained the applicant would need to file a new (not renewal) application, since new conditions exist and the variances had expired. He advised the applicant that, in either scenario, he would need to go through the planning process again. Puzak inquired whether an amended application for renewal would take any longer. Gaffron reiterated that it would require the same amount of time to complete the process whether it be a new or renewal application. In all likelihood, Gaffron stated the application could be put on the August Planning Commission agenda, and the City Council agenda later that month. PAGE3 of15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23, 2003 7:00 o'clock p.m. (#01-2714 FREDERICK PUZAK, Continued) In order to provide direction to his architect, Puzak questioned whether he could work within the original hardcover and setback variance approvals. There was consensus among the City Council that he be allowed to work within the original parameters of his first application for hardcover and setback variances to construct a 3 or 4 bedroom home, based on the septic information. 4. #03-2869 DR. ROBERT GUMNIT, 1100 OLD CRYSTAL BAY ROAD SOUTH- CONDITIONAL USE PERMIT AND VARIAN CE -RESOLUTION NO. 4996 Gaffron explained that the applicants were requesting the following to reconstruct an existing gravel pathway through wetland to access a 1.8 acre island of land on their property: 1. Variance: hardcover within the Oto 75' setback zone from the OHWL of French Lake where no hardcover is permitted (pathway reconstruction); 2. Variance: grading, filling and excavating within 75' of the OHWL of French Lake where no grading, filling or excavating is permitted (pathway reconstruction and wetland mitigation); and 3. Conditional Use Permit: movement of more than 500 cubic yards of material within the shoreland overlay district (pathway reconstruction and wetland mitigation). In addition, Gaffron indicated that the applicants were also requesting the following to permit keeping horses on an intermittent basis on the island of land on their property: 1. Variance: agricultural use (grazing of horses) within 150' of the OHWL of French Lake where no agricultural use is permitted; and 2. Variance: a wire fence within 150' of the OHWL of French Lake where no fences are permitted. Gaffron reported that the Planning Commission recommended by a 6 to 0 vote to approve the variances and conditional use permit to reconstruct an existing gravel pathway through a wetland to access an island ofland on his property with the following conditions: 1) Permit approval from the Minnehaha Creek Watershed District be required prior to construction on the property 2) Review and approval from the City Engineer is required prior to construction on the property 3) The property owner would have the ability to routinely maintain the pathway, as approved. However, Gaffron explained that the Planning Commission recommended by a 3 to 3 vote to approve the variances to permit keeping of horses on the island of land on his property on an intermittent basis with the following conditions: 1) No more than 4 horses for a period of two weeks at a time and no more than 20 weeks out of a calendar year would be permitted on the island 2) Fencing may be located no closer than 26' from the OHWL of French Lake Gaffron pointed out that an issue for discussion was the status of the wetland as part of the French Lake basin versus merely a wetland with a smaller open water lake in the center of it. Prior to 1992 ·when the DNR established the lake basin, Gaffron explained that the City had allowed structures to be built up to the 26' wetland setback line. Adoption of the Shoreland Ordinance in 1992 established a 150' setback requirement, making a number of homes nonconforming and severely PAGE 4 of 15 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952-249-4600 TO: Frederick N. Puzak 1340 Baldur Park Road Orono, MN 55391 ZONING FILE #01-2714 NOTICE OF COUNCIL ACTION DATE OF NOTICE: April 15, 2003 TYPE OF APPLICATION: Request for Variance Amendment DATE OF MEETING: April 14, 2003 Council took the following action: Motion to table at applicant's request because neither applicant nor a representative was present. Vote: 5 in Favor, 0 Against (Note: This will be not be rescheduled for Council review until you or your representative request that it be scheduled. The Council meets on the second and fourth Mondays of each month -please contact Mike Gaffron (952-249-4600) at least one week in advance of the meeting at which you wish this item to be presented to Council.) If you desire certified copies of the official Council minutes, they are available from the City Recorder after review and approval by the Council. Date: To: Fax: Re: Sender: City of Orono 2750 Kelley Parkway P.O. Box66' Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 . FAX TRANSMISSION COVER SHEET ~9s2-lj70.-&1/07 YOU SHOULD RECEIVE 3 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. ORONO CITY COUNCIL MEETING MONDAY, APRIL 14, 2003 12. #01-2714 Fred Puzak, 1340 Baldor Park Road-Review of Variance Conditions The applicant was not present, so Council decided to table the item indefinitely. Nygard moved, and White seconded, to table Item 12. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy stated that he had attended the Parks Commission meeting. There was a discussion concerning hardcover variances given over the last few years. They feel that if Orono is serious about the lakes and water quality, then they should look at how variances are given. Mayor Peterson stated that there is a lack of trees on Fox and Old Crystal Bay Roads. Gappa stated that the trees were trimmed because they were in the right-of-way and had to be dramatically cut back because they had grown into the street. The homeowners had . -- . asked the trees be replaced, but he feels that is unnecessary. If the City replaces the trees, they would have to do so for every homeowner who complains about how their trees are trimmed. Murphy stated that the trimming had changed the character of the neighborhood. Gappa stated that if the City replaces the trees, they would need to give a specific reason to justify it in this one instance. Nygard stated there will be a buckthom removal DNR project in the park behind Trinity Lutheran Church on County Road 6 in Wolsfeld Woods. He suggested the City help advertise for volunteers. Nygard asked if the street sweepers clean streets near the lakes as a first priority, moving dirt away from the lake in order to avoid early rain washing sand and salt into the lake. Gappa stated they begin with the main roads. Nygard suggested they clean the lake streets first to help pr:otect the lakes from unwanted runoff. PUBLIC SERVICE DIRECTOR'S REPORT *13. Accept Quotations for Heritage Drive Sewer Extension Murphy moved, and Nygard seconded, to establish a $14,400 per property connection fee for the connection of 1955 and 1980 Heritage Drive to the Heritage Drive pressure sewer extension project with the provision that the property owners can request to be assessed for the project costs at a 6.25% interest rate for a 15-year time period. Vote: Ayes 4, Nays O, Abstain 1 (Sansevere). 7 ,' SHARRATT & MACDONALD 952 470 8407 P.01/01 APR-10-2003 21:21 .. ,' . . : '' ., sHARRATTDESIGN,co~rANv T TO COMPANY DATE PROJECT SUBJECT VIA R A· · ·N· · DESCRIPTION s M ____ us Mall '1~ · De$lgn Sketches/ Notes -X--:1;'11fjtM-~ --~~:~:rraclngs ___ Orop/-Plck-up ' ' ' ,SpeclficaUons ---Air Shop Drawings ___ Over Night Samples Ofuer . ¥ O~er ---,, ITEMS · · :ACTION >=. 'Transml~ .. · · . · ·. )'O No Response Required . Drawings /,set· · : · : . · Rupond ---___ Letter · . . • :·· ...... _ .. __ Respond ASAP .. ____ Notes•/ Mamo Urgent -. / TotalSheels.'· · · ·NOTES· M(~: I T T A AtlDRESS PHONE' FAX •OTHER TRANSMlmD ;;,;: For Your lnformaUon -~-___ As Requested RevleW &Comment ---Revlaw·,;ApprovaJ ---~-Reference --=>ci ___ Record ___ Printing· ~ j;:.. ..J ~if' . It: -~~ tZ' UtJJPI~ fJJ' ivr..,, ~.o ~ ~ciY Ct!W":t>i ~ ~. L t?~ /iMrµ,pitr{ -~-i~ I ftF'rt-• l~ / ~N . . . ~~ ~--.f¢'fJJrO·ptl~ /h'10 _."4Ul--lf:fr ~ p~ . -~~ ~ ·. ~~ {F-~I/( ~t:t-t?fvJ!z,''· . r #r,v¥& ~ '{~rt, -f'~ I . ,. ' . M.·l~~~ . ' . ,• .. BY: ~< . . . .. . . WEI: www.&11arrat1macdonald.com ' . ' . ,,. ' This communicallon may "1l1laln ~ ~ MY, uaed the lnfannallon c:cnlalnlld within thla document wW\lx4the P8llnl8Slon dlhe Intended recipient~~ If~ In e,rorDJaasadadlftl ~""'' . . Confirmation Report Memory Send Time Job number Date To Document pages Start time End time Pages sent Status Job number .Dare: To: .F'ax::- .Re.· .Sender.: 273 273 Apr-09 03:59pm 4708407 007 Apr-09 03:59pm Apr-09 04:0lpm 007 OK Tel I ine Name Apr-09-2003 04:0lpm +9522494616 C ITV OF ORONO *** SEND SUCCESSFUL *** C:it_y of CJrono 27.S0 .Kelley Parkway P.O. Box66 C:rysral .Bay, 1v.tN" 55323 (.952) 2-49--4600 Fax: (.952) 2-4.9-46I6 . FAX T~S:tvi:ISS:ION COVER. SHEET _.1'11,1) V .~· c:;;;¥....¢d.-.e:-A ~ <:il'r2.--1/?0 BVO, YOU S.E:TOULD RECEIVE =z PAGE(S), I.N'C:LUDJNG T.E:TIS COVER S.E:T.EET. IF YOU DO NOT RECEIVE ALL TH'E PAGES, .PLEASE CALL (952) 2-49-4600. REQUEST FOR COUNCIL ACTION Department Approval: Name: Michael P. Gaffron Title: Planning Director Administrator Approval: Date: April 9, 2003 Item No.: Agenda Section: Zoning Item Description: #01-2714 Frederick Puzak, 1340 Baldur Park Road -Variances - Review Conditions of Resolution No. 4720 List of Exhibits A -Notice of Council Action 3-25-03 B -Memo and Exhibits of March 19, 2003 This item was tabled at your March 24 meeting because neither the applicant nor his representative were present. Staff is advised that Mike Sharratt will be representing the applicant at your April 14 meeting. Please review the attached memo and exhibits. ADDENDUM 6-17-03: This item was tabled April 14 because Mr. Puzak could not be present. He has indicated he will be present at Council's June 23 meeting. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952-249-4600 TO: Frederick N. Puzak 1340 Baldur Park Road Orono, MN 55391 ZONING FILE #01-2714 NOTICE OF COUNCIL ACTION DATE OF NOTICE: March 25, 2003 TYPE OF APPLICATION: Request for Variance Amendment DATE OF MEETING: March 24, 2003 Council took the following action: Motion to table because applicant was not present. Vote: 5 in Favor, 0 Against - (Note: Council was presented with your letter of March 24 requesting action on your requested amendment in your absence. Council indicated they did not wish to discuss the matter without you being present. This will be rescheduled for the Council meeting of April 14, meeting begins at 7:00 p.m. Please confirm that you can be present at that meeting -contact Mike Gaffron at 952-249-4600). If you desire certified copies of the official Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. A REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gaffron /YA, JLA, Title: Planning Director Cljlf~ Date: March 19, 2003 Item No.: Agenda Section: Zoning Item Description: #01-2714 Frederick Puzak, 1340 Baldur Park Road -Variances - Review Conditions of Resolution No. 4720 List of Exhibits A -Staff letter to applicant of 3-7-03 w/attachments B -Applicant's letters ofrequest 6-20-02, 10-21-02, 2-17-03 C -Resolution No. 4720 D -Septic Design Approval 6-27-02 Summary of Request -Applicant requests Council approval to eliminate the variance approval condition requiring connection of his proposed new residence to sewer. The new septic system constructed in 2002 for the existing house does not have design capacity to serve the proposed 5- bedroom home. In addition to the need for a formal variance renewal (variances expired 11-13- 02), the Resolution language provides for Council review because sewer connection is not feasible and construction using a septic system is not consistent with the variance approvals. Background Applicant was granted a number of variances for construction of a new home partially within the 0- 7 5' lakeshore setback zone, to replace his existing residence, on November 13, 2001. Resolution No. 4720 required that the new residence be connected to municipal sewer, as the property is in the MUSA and within the defined Urban Area of the City. The ability to connect to sewer was predicated on the adjoining property owner, Bill Franklin, granting an easement for extension of the municipal sewer lines. The Resolution contains language indicating that certain conditions will trigger further review by the City Council, i.e.: a) if it is determined that connection to sanitary sewer is not possible; or b) if it is found by City staff that the final construction plans are not consistent with variance approvals. The variance approvals expired last fall without a building permit application being filed by the applicant, and must be renewed before building permits can be issued. However, a number of subsequent factors suggest the need for further Council review of the original approval. These factors B #01-2714 -1340 Baldur Park Rd. March 19, 2003 Page2 include: 1. City has been unable to obtain proper sewer easement from Bill Franklin. The status of the easement is as follows: Mr. & Mrs. Franklin signed an easement document in late 2001, which the City staff forwarded to the City Attorney for filing. After obtaining Franklin's Certificates of Title, the Attorney in April 2002 concluded that the easement could not be filed without minor language revisions documenting the Franklins' marital status. Greg Gappa subsequently sent a revised easement document to Franklin on August 8, 2002. Franklin never returned it. Gappa sent out a second copy on November 8, 2002, which has never been returned. These never were returned to the City by the Post Office, so we must conclude that Franklin received them. In January 2003 Gappa then attempted to file the easement which the City Attorney had rejected, and the County Registrar would not accept it because the Franklins' signatures were in black ink and could not be confirmed as original. 2. Construction of new septic system last fall. Last fall the applicant had a contractor install a new septic system to serve the existing residence. City Inspector Matt Bolterman confirmed that the new system has design capacity for only a 3-bedroom home, and that there was not room on the site to construct primary and alternate systems for a 5-bedroom home as was proposed and approved in Resolution No. 4720. It appears that both conditions a) and b) have come to pass, since the applicant can't connect to sewer absent an easement, and construction of a new home to be connected to a septic system is inconsistent with the conditions of approval noted in the resolution. Applicant's Request The applicant requests that the variances be renewed but with removal of the condition requiring connection to sewer. This request first came to staff in late October 2002 but followup was delayed due to Paul Weinberger's leaving. It is staffs conclusion that a formal variance renewal application is necessary, but the request for changes to the conditions of approval suggests a review by Council is warranted as "old business" for discussion prior to processing a formal renewal application. Staff Recommendation Staff recommends that applicant be advised to 1) redesign the house to a 3-bedroom configuration, and 2) to make a new (not renewal) variance application for a revised house plan and connection to the existing 3-bedroom capacity septic system rather than to City sewer. As an alternative, to preserve his 5-bedroom design, staff suggested to applicant that he might again request that the City condemn an easement for sewer. Staff is requesting Council direction as to whether there is any support for proceeding with a condemnation. Once an easement becomes #01-2714 -1340 Baldur Park Rd. March 19, 2003 Page3 available, the issue remains as to whether the sewer construction would be a private project involving both Franklin and Puzak, or whether it would be completed and assessed as a public project. Another alternative would be to allow construction of the 5-bedroom home connected to the 3- bedroom septic system, and require that the house be connected to sewer as soon as it becomes available. The obvious risk is that this or a subsequent owner might overuse the system and cause it to fail. The variances granted on November 13, 2001 expired on November 13, 2002 because no permit was applied for nor obtained before the expiration date. The City notified applicant twice in writing of the expiration date and the need to sign the resolution copies to validate them before building permits could be issued. Applicant never signed the resolutions. From staffs perspective, despite applicant's ongoing discussions with Paul Weinberger, the variances have technically expired and a new application must be processed. COUNCIL ACTION REQUESTED Provide direction to applicant and staff regarding the following: 1. Should applicant be allowed to construct a new home without connection to municipal sewer? y l-SS 2. If so, should the house be reduced in size from 5-bedrooms to 3-bedrooms to match the design capacity of the septic system? 3 t{ t:> 3. Is there any basis to allow variance renewal without going through the formal review process?{J March 7, 2003 Fred Puzak 1340 Baldur Park Road \Vayzata, MN 55391 Re: Variance Extension Dear Mr. Puzak: A-l ---1-1'1 -03 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Malling Address: P.O. Box 66 Crystal Bay, MN 55323-0066 I have reviewed with pertinent City staff your letter of February 17 requesting amendment of Resolution No. 4 720, as well as your October 22 request for review by the City Council. Unfortunately, when Paul Weinberger left this was one of a number of items for which followup was delayed, and I apologize for the inconvenience. There are a number of issues potentially for discussion with the Council, including: 1. Citv' s inability to obtain proper sewer easement from Bill Franklin. The status of the easement is as follows: Mr. & Mrs. Franklin signed an easement document in late 2001, which the City forwarded to the City Attorney for filing. After obtaining Franklin's Certificates of Title, the Attorney in April 2002 concluded that the easement could not be filed without minor language revisions documenting the Franklins' marital status. Greg Gappa subsequently sent a revised easem~nt document to Franklin on August 8, 2002. Franklin never returned it. Gappa sent out a second copy on November 8, 2002, which has never been returned. These never were returned to the City by the Post Office, so we must conclude that Franklin received them. In January 2003 Gappa then attempted to file the easement which the City Attorney had rejected, and the County Registrar would not accept it because the Franklins' signatures were in black ink and could not be confirmed as original. 2. Construction of new septic system last fall. Last fall you had a contractor install a new septic system to serve your existing residence. City Inspector Matt Bolterman confirmed that your new system has design capacity for only a 3-bedroom home, and that you did not have room on the site to construct primary and alternate systems for a 5-bedroom home. 3. Variance expired November 13. 2002. The variances granted to you on November 13,2001 expired on November 13, 2002 because no permit was obtained before the expiration date. The City notified you twice in writing of the expiration date ( attached letters by Deputy Clerk Rachel Dodge dated January 29, 2002 and June 5, 2002) and the need to sign the resolution copies to validate them before building permits could be issued. You have never signed the resolutions. From my perspective, despite your ongoing discussions with Paul \Veinberger, the variances have technically expired without action by you to sign them or obtain a building permit. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Fred Puzak March 7, 2003 Page2 4. 5. Variance renewal packet mailed to you February 10. Wendy Bottenberg mailed you the variance renewal forms on February 10, as it is staffs conclusion that you need to file for renewal of the variances. New variance application required. Variance renewal applications are accepted with a reduced fee when there are no changes proposed. However, you apparently will be requesting to not have to connect to sewer, which is a change from the original approval. Therefore, your application will be considered as a new request rather than a simple renewal. I would assume that some of the Exhibits from your prior application will still be applicable; however, a I also assume that you will be providing a revised house plan, given that your septic system is capable of supporting only a three bedroom home, and the plans we have on file indicate a 5-bedroom home. Resolution No. 4 720 contains language indicating that certain conditions will trigger further review by the City Council, i.e.: a) if it is determined that connection to sanitary sewer is not possible; or b) if it is found by City staff that the final construction plans are not consistent with variance approvals. It appears that both conditions a) and b) have come to pass, since you can't connect to sewer absent an easement, and construction of a new home to be connected to a septic system is inconsistent with the conditions of approval noted in the resolution. Therefore, I will place your request on the City Council's March 24 meeting agenda. My recommendation to the Council will be that you be allowed to redesign the house to a 3-bedroom configuration, and that you be advised to make a new variance application for a revised house plan and connection to the existing 3-bedroom capacity septic system. As an alternative, to preserve your 5-bedroom design, you might again request that the City condemn an easement for sewer, however, this will undoubtedly slow things down. You had requested a copy of the City's file on the proposed development of the adjacent lots. No formal application for such development has been submitted to the City, and there is no known application pending. I have no file to forward to you. Regarding your 4 item request of June 20 as to platting requirements: 1) Replatting would be classified as a Class ill subdivision as you correctly noted. 2) Baldur Park Road was originally platted in 1912 at a width of30'. Neither the platted right- of-way nor the paved width of Baldur Park Road meet current City standards for public roads. The current standards are 50' right-of-way and 28' paved width for a local street that serves 3-10 dwelling units. 3) Lands abutting Lake Minnetonka above the 929 .4' OHWL contour line have historically been credited by Orono toward area requirements, except when such land is determined to be wetland. The City does recognize that portions of the area of the Flood Fringe (between 929.4' and 931.5') are occasionally inundated, and allowed uses within the Flood Fringe are limited by the City and other regulatory bodies. Wetlands would be subject to conservation easement dedication. Fred Puzak March 7, 2003 Page3 4) Development involving the creation of new building sites is normally subject to an 8% Park Dedication (8% of the land or equivalent in cash) as well as a Storm Water and Drainage Trunk Fee of $4,050 per acre in the ½ acre zoning district. Sewer Connection Charges on a per unit basis might also apply; however, it is likely no such charges_ would apply to replatting of Franklin's lots because he would be incurring the cost of extending the sewer to serve his properties. I hope this provides you with some long-awaited answers. Enclosed is a variance application packet for you to use in making your new request. The next deadline for applications to be submitted is Wednesday, :March 19 at noon for review at the Planning Commission's April 14 meeting. City staff are available to meet with you to discuss any aspect of your project prior to the March 24 Co~ncil meeting. Please feel free to call me at 952-249-4600 if you have questions. ~~~-#- Michael P. GaZ---- Planning Director encl. cc: Greg Gappa, Public Services Director Lyle Oman, Building Official Wendy Bottenberg, City Planner Rachel Dodge, Deputy Clerk Mike Sharratt CITY of ORONO Municipal Offices Street Address: Malling Address: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 -~rystai Bay, MN 55323-0066 August 8, 2002 Mr. William Franklin 1730 New Brighton Blvd Minneapolis, MN 55413 RE: Baldur Park Easement Dear Mr. Franklin; In ~larch of this year, you had signed and returned to the City an easement agreement for utility purposes across your property. This easement could not be recorded, at Hennepin County, because your marital status was not listed on the document. The City Attorney has provided a new easement form that he would like signed. This is a newer form that has been revised from the original form that you had signed. However, the intent of the document is still the same, to provide the City a permanent easement for the installation and maintenance of public utilities across your property. Pkas sign and return this easement document at your earliest possible convenience. Please contact me at 612-249-4621 should you have any questions regarding this easement. Thank you for your assistance in this matter. Sincerely; SJ;;--O 9:Jc1,tt?- oregory A. Gappa Director of Public Services Telephone {952) 249-46-00 • Fax {952) 249-4616 www.ci.orono.mn.us '• HINSHAW & CULBERTSON BELLEVILLE, ILLINOIS CHAMPAIGN, ILLINOIS CHICAGO, ILLINOIS CRYSTAL LAKE, ILLINOIS JOLIET, ILLINOIS LISLE, ILLINOIS PEORIA. ILLINOIS ROCKFORD, ILLINOIS SPRINGFIELD, ILLINOIS WAUKEGAN, ILLINOIS WRmR'S DIRECT DIAL NO. 612-334-2516 Gregory A. Gappa Director of Public Services City of Orono P.O. Box66 Crystal Bay, NIN 55323-0066 Easements Dear Greg: P~ER1AFFRAYTOWER SUITE3100 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402 612.333.3434 TELEFAX: 612.334.8888 April 9, 2002 '.· ... , PHOENIX, ARIZONA SAN FRANCISCO, CALIFORNIA FT. LAUDERDALE, FLORIDA JACKSONVILLE, FLORIDA MIAMI, FLORIDA TAMP A. FLORIDA SCHERERVILLE, INDIANA ST. LOUIS, MISSOURI APPLETON, WISCONSIN MILWAUKEE, WISCONSIN FILENO. 754868 . . ·.-l::;.~ \ ~1 {._.~ .. ,_,: • •..-' .. ,./ Enclosed is an easement form that we prepared some time ago for the City of Orono. I am returning the Franklin easement. When individuals sign a real estate conveyancing document, it is necessary to designate their marital status (either single or husband and wife). This is necessary so that the document can be recorded. Would you like to redraft this easement on the prescribed form? If you want us to do so, we can. Please call. cc: Thomas J. Barrett, Esq. (w/enc.) Very~;?/ /~;~ / Rolfe A.,Worden HC26DS4/ 471 SI 265S6307.vl 4/9/2002 A PARJNERSHIP INCLUDING PROFESSIONAL CORPORATIONS CITY of ORONO June 5, 2002 Frederick Puzak & Julie Thometz 1340 Baldur Park Road Wayzata, MN 55391 RE: Variance Resolution Dear Fredrick & Julie: Street Address: 2750 Kelley Parkway Orono, MN 55356 SECOND REQUEST Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 A resolution #4 720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13, 2001. The variance expires November 13, 2002, it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution #4720. If you have any questions, please call me at (952) 249-4600. Sincerely, Rachel Dodge Deputy Clerk Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO January 29, 2002 Frederick Puzak & Julie Thometz 1340 Baldur Park Road Wayzata, MN 55391 RE: Variance Resolution Dear Fredrick & Julie: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 A resolution #4720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13, 2001. The variance expires November 13, 2002, it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, t-0 sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution #4720. If you have any questions, please call me at (952) 249-4600. Sincerely, Rachel Dodge Deputy Clerk Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us February 10, 2003 Fred Puzak 1340 Baldur Park Road Wayzata, MN 55391 Mr.Puzak: . !; \ ... -:, CITY .. of. .. ORONO .,.~ . Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices . Malling Address: P.O. Bbx 66 Crysfai Bay, MN 55323-0066 Please find enclosed an application renew your variances. Also included in the application is the submittal list and deadlines for submittal. The next deadline is February 19, 2003. If you have any questions, please feel free to call at (952) 249-4600. , Sincerely, /, (u l({:Lr '6-,--ttudit,f jt-- Wendy Bottenberg · City Planner Encl. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us 1340 Baldur Park Rd. Orono, MN 55391 Mr. Mike Gaffron City of Orono 2750 Kelley Parkway Orono, MN 55356 February 17, 2003 Re: Amendment to Variance Resolution #4720 CERTIFIED MAIL RETURN RECEIPT 1340 Baldur Park Rd. (Lot 30, Block 1, Baldur Park) Dear Mr. Gaffron: This letter is a follow-up to our letter filed October 22, 2002, copy enclosed. During a telephone conversation with Mr. Weinberger last October regarding the ongoing lack of city sewer availability, he recommended that the Resolution be returned to Council for amendment, and assured us that City staff was aware of our ongoing file. He said there would be time for this to be handled prior to the November 13, 2002 renewal date, and said that it would be put on the November 12, 2002 Council agenda. It has been over four months since that conversation, without any response from the City. As our request for amendment was filed October 22, 2002, this issue should have been returned to Council as old business. Please let us know when you can have an informational package prepared for Council. We are requesting that the Resolution be amended to delete any reference to city sewer, as the sewer remained unavailable and we now have a new, state-of-the-art CODE private sewer, as was recommended by City staff. Additionally, we sent a letter June 20, 2002, also enclosed, requesting clarification of issues regarding the proposed neighboring subdivision, which has not been answered. In all fairness, a response from City staff is long overdue. Sincerely, Frederic~L_ Encl. Copy: Mike Sharratt Frederick Puzak. & Julie Thometz 1340 Baldur Park Rd. Orono, :MN" 55391 Mr. Paul Weinberger City of Orono 2750 Kelley Pkwy. Orono, :MN" October 21, 2002 Re: Variance Resolution #4720 Dear Mr. Weinberger: 011 Y Ur UHONQ As you may remember, we were granted variances to construct a new home last ·· November with the condition of hooking up to city sewer. We have now waited another year for a utility easement across the neighboring property, as promised by its owner, Mr. Bill Franklin. Out of necessity, we are now proceeding with the installation of an approved, code compliant 3BR private sewer system which should be completed by the end of the month~ As the Planning Commission recommended approval of our plans upon installation ot Et code compliant septic system, we ask that the variances be renewed for another 12 · months without the condition of city sewer hookup. As residents of Orono for the past nine years, we greatly appreciate the quality of life here, and would now like to proceed with our plans to accommodate our growing family. If possible, we would like to bring this old business to City Council on October 28th. Please advise, 952-471-9229. Sincerely, Frederick Puzak Julie Thometz -tct -o3 ·,• Frederick Puzak Box 158 Spring Park, MN 55384 Mr. Paul Weinberger City of Orono 2750 Kelly Pkwy Orono, MN 55356 June 20, 2002 PS Form 3817, Mar. 1989 Re: Franklin/Hessburg Development Lots 21 -29, 31 -33 Blk I, Baldur Park Dear Mr. Weinberger: As a follow-up to our telephone conversation of June 6, I would appreciate receiving a complete copy of the City's file on the proposed development of the above mentioned lots, including staff notes and recommendations. Also, please confirm that the following requirements would apply: 1.) Replatting would be classified as a Class III subdivision due to the extension of city sewer, dedication of public roadway and request for flexible zoning ( 11.03 subd. 2.66.c.2 throughc.4.). 2.) Minimum public right of way required is 50' (28' pavement width) and maximum cul de sac length is 1000' (11.33 subd. 4.). Does Baldur Park Road meet these requirements? 3.) Flood plain (below elevation 931.5) and wetlands shall be dedicated as conservation easements and not be utilized for computing the area requirements for any lot (I 1.41 sub. 2 .E and 3.B.4). - 4.) Pursuant to Sec 11.62, prerequisite to approval of a final plat is the dedication to the public of8% of the land being platted, or equivalent cash contribution be made by the developer ( e.g. 8% of $1 million= $80,000). Also, please confirm that Mr. Franklin has not provided a utility easement "free of charge" as he promised eight months ago at the City Council meeting on October 22, 2001. Thank you for your clarification of these matters. Sincerely, Frederick N. Puz.ak CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4120 NO. ______ _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISIONS 16 AND (L) 1 AND 2; AND SECTION 10.55, SUBDIVISION 8 FILE NO. #01-2714 '\VHEREAS, Frederick Puzak and Julie Thometz (hereinafter "the applicants") are owners of the property located at 1340 Baldur Park Road within the City of Orono (hereinafter "the City") and legally described as· follows: Lot 30, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published notice and mailed notice in accordance with Mi :mesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 17, 2001 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and '\VHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property. NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #01-2714. 2. The property is located in the LR-IC One Family Lakeshore Residential Zoning District where 0.5 acre is the minimum lot area requirement. The property has a lot area of 0.5 acre. Page 1 of 9 C. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 'f Id 0 3. The Orono Planning Commission reviewed this application on September 17, 2001 and recommended approval on a vote of 7 to O to approve variances as requested based on the following findings: A. Property owners propose to remove the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the peninsula most of the lot area (79% of the lot) is located within 75' of the lakeshore. B. Only a small portion of the property is located outside of the 75' setback. Due to setback requirements, most of the 75' -250' setback area is not buildable due to street setback and side setback requirements. C. The property is located in the MUSA area. D. The applicant's house is the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road. The existing residence is not connected to sewer because an easement for utility or sewer purposes would be required across the adjacent properties to Baldur Park Road. The property has an easement for driveway purposes only. E. The Council approved a preliminary plat subdivision approval in 1982 for two lots between the subject property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982, the City can assume there is a possibility that there are two building sites south of the property. Based on this assumption, a total of 3 lots will ultimately require sewer connection. F. The property also has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3' above the seasonal water table. The system is not compliant with all regulations because the entire drainfield site is located within 75' of the lake_shore. Occupancy of a new house requires the septic to be replaced. Page 2 of9 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 412 0 G. The proposed structure does not exceed 15% of the lot area. 4. The property is located within the Metropolitan Council defined Metropolitan Urban Services Area (MUSA). Only properties within the MUSA are permitted to have sewer connection. 5. The Baldur Park peninsula was part of the 1965 LS #1 sewer project. The house is located on Lot 30, Baldur Park about 500' to the existing municipal sewer line in the Baldur Park Road right of way. Completing the connection to the municipal sewer line requires a public utility easement over the adjacent properties to the east. 6. All of Lots 21 through 33, Baldur Park were in common ownership at the time sewer was installed in Baldur Park Road. The house located on Lot 30 was required to connect to sewer following final installation of the sewer. 7. In 1974 Lots 21 through 29 and Lot 33 were sold separately from Lots 30 and 31. Lot 31 was later sold separately. Before Lot 31 was sold separately an easement was granted in benefit of Lot 30 for a private sewage disposal system. 8. The existing private sewage disposal system located on Lot 31 for the house on Lot 30 is non-compliant due to the system being located within 75' of the lakeshore of Lake Minnetonka. 9. The properties east (Lots 21 through 29 and 31 through 3 3) are under common ownership, although separate ownership from Lot 30. At the October 8, 2001 City Council meeting the property owner of Lots 21 through 29 and 31 through 33 has offered to grant a public utility easement to allow connection for Lot 30 to municipal sewer, and a willingness to share in the expense for sewer construction. 10. The City of Orono has adopted a sewer policy as part of the 2000-2020 Comprehensive Plan. The sewer policy states the following as it relates to areas in Orono that are within the MUSA: A. The primary method of sewage treatment and disposal within the Urban Area will be municipal sewer. Page 3 of9 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. j 'l 2 0 B. Orono will provide municipal sewer to lakeshore areas and non-lakeshore areas within the MUSA when it is determined that municipal sewer is preferable to long-term use of on-site sewage treatment areas. C. All sewer-serviced properties must be connected. Consistent with the regulations of the Minnesota Health Department and the MCES, every building intended for human habitation, occupancy or use shall be provided with suitable sanitary facilities and shall be connected to the municipal sewer system whenever a sewer lateral serves the property or is within a reasonable distance of the property. 11. Municipal Code Section 12.30 regulates individual sewage treatment systems for the City of Orono. This section requires that building permit applications for new residences require Code Systems. The existing system is not a Code System because it is located within 75' of the OHWL of Lake Minnetonka. 12. It is the position of the City of Orono that a new residence should connect to municipal sewer service following extension of the sewer line from Baldur Park Road. The existing house was required to connect to municipal sewer following the 1965 LS 1 project and did not. 13. The property is located within the MUSA and in the Shoreland Overlay District. In the Comprehensive Sewer Policy Plan (CMP Part 4 (C)) a principal goal of Orono's planning program is the protection of natural resources and environmental amenities, particularly the water quality of Lake Minnetonka. The major pollutants affecting Lake Minnetonka are contained in sewage effluent and stormwater runoff. Orono's sewage treatment policies are directed at minimizing or eliminating pollutant sources. 14. The Council finds that connection to municipal sewer is the only viable long term solution to protecting the water quality of Lake Minnetonka. A private sewage treatment system, on the point of the Baldur Park peninsula would have · lakeshore on three sides of the system. Page 4 of9 4~ 0 0\\ \\ 1, ,1 ~ • t;,.,'1 ~-' f-1.·' -~ ~ !.' < ~~~~-~~ CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4'120 NO. ______ _ 15. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 16. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community.· CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property subject to the following conditions: 1. The existing non-compliant septic system is required to be abandoned per state and local requirements and a new residence shall be connected to sanitary sewer. If it is determined connection to sanitary sewer is not possible additional review of the variances by the Council is required. Page 5 of9 ¥~ 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 41 "f 2 (fJ) 2. Any amendments to the individual site and building plans shall require Building and Zoning Department Staff approval. Staff findings shall be made that the final site and building plans are consistent with the approved plans. The Building and Zoning Staff shall refer any plans to the City Council that are found to not be consistent with the variance approvals. 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 13, 2002). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 6 of9 ATTEST: ~S. Vee, City Clerk Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL 47~0 NO. ______ _ The foregoing instrument was acknowledged before me on this 13th day of November, 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. DENISE M. LESKINEN NOTARY PUBLIC. MINNESOTA My Comm!sSlon Expires Jan. 31, 2005 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this · / '/'Iii. day of November, 2001 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. DENISE M. LESKINEN NOTAF« PUBLIC. MINNESOTA My CommisSlon Expires Jan. 31, 2005 ~~- Notary Public Page 7 of 9 ST A TE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 412 0 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 of ___________ _ ________ , 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. ST ATE 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 of ___________ _ _______ _, 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 8 of9 -·-,----------------------------------------------------. / CERTIFICATE OF SURVEY FOR FRED PUZAK 4 1 2 o OF LOT 30, BLOCK 1, BALDUR PARK HENNEPIN COUNTY, MINNESOTA 1~.: f?-OfoGED .. ~fJ-.e tJ<Hl 51 T LAKE . MINNETONKA ' LoT L1..ie LEGAL DESCRIPTION Or PREMISES : I Loi 30, Block I, Boldur Por~. together with on eosement for privote sewer system purposes over Lot 3 I, Bleck I, "Boldur Pork", os contained in Coe. No. 144058 I. riles or Registrcr of Titles. Hennepin County, Minnesota. o : del'Otes iron morker (970.1): denotes existing spot elevotion, meon seo level datum ---964 ---: denotes existing contour line, mecn · sea le,el datum. NOTE : This contour information is ----=r-7==-------l<l!s.w..ltl<i::!LQ.'!r survey doted 1 t-9-81. Bearings shown ore based upon on assumed dolum. ,..-.,:,::...:..::._i:....:,:,,.:_::c::._.:..:......::c._~:.--------·---·· .• This survey intends to show the boundbries of the obove described property. lhe location ol on existing house, and the locotion ol all visible "hardcover" thereon. It does not purporl to show ony other improvements or encroodnients. Pere Rates P-1 :n.t P-2 11.\ Restricting Layer Depth B-1 3.1 · Type of Treatment System: Standard_)(__ Alternative __ ORONO COPY CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Soil Sizing Factor f. , ) P-31~,C\ P-4 \~,<\ P-5 1). b P-6 __ P-7 B-2 3.S-B-3 3. ~ B-4_ B-5 B-6 Other Performance -- Pressurized Mound System _____ _ At-Grade System _____ _ Gravity Trenches System ______ _ Pressurized Trench System --- Gravity Trenches W/ Lift _______ _ Pressurized Bed System~)( ___ _ Holding Tank W/ Alarm _______ _ # of Tanks Septic Tank Size____,t_c,_o_o __ _ -----Lift Tank Size 10<10 Head ; 1-'l. Pump Brand ______ _ GPM yO Treatment System: Minimum _7---'----"~-0~----Square Feet with_( __ inches of rock below pipe -MeUtta Bed ;;;tS: ~ 1 ~ ' Mound Treatment Area ____ _ THIS IS NOT A PERMIT. This is a design approval form which must accompany the site plan. A permit must be issued to a licensed septic contractor prior to installation. NOTICE TO INSTALLERS: Any changes to the approved plans must have prior approval of the inspector (952-249-4600) Call for inspection 24 hours in advance. ALL DRAINFIELD AREAS MUST BE FENCED OFF prior to building site excavation and fencing must remain in place until final site grading. Approval to pour footings will not be granted until the Inspections Department has verified the primary and alternate sites are protected. NO VEHICULAR TRAFFIC OF ANY KIND is allowed within 20' of tested drainfield sites ever. ACCEPTED )< DENIED ___ BytheCityofOronosubjecttoexistingregulations and the following conditions:. ___________ -,------------,---- -'<..t.~ )°¼.\: t>"'--l"'-e\.. , ~r--l.\(C,. N~~ C.ovc.r By:~~ Matt Bolterman, On-Site Systems Manager Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Date Date: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 . FAX TRANSMISSION COVER SHEET To: J/Vf) ¥,£ ~,4/1t~~,A.~7Tc Fax: C, r z-J/70 -Bt/07 Re: -:If b I -'? 1/ 1,,/ f <.4 '2.A: K Sender: /JA I ~; c.;;. AF'~~AJ YOU SHOULD RECEIVE 7 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. Har ~4 03 04:23p owner 1340 Baldur Park Rd. Orono, MN 55391 Mr. Mike Gaffron City of Orono 2750 Kelley Parkway Orono, MN 55356 March 24, 2003 239-463-4144 \ yl~~(5,tA.,~ ~ 3-~ 2.-"I ... 0 ~ C"' V\,t rG , Via facsimile Re: Amendment to Variance Resolution #4720 1340 Baldur Park Rd. (Lot 30, Block 1, Baldur Park) Dear Mr. Gaflron: Thank you for your recent letter of March 7, 2003. While we are unable to attend the March 24 City Council meeting, we would appreciate an amendment to Resolution #4 720 that allows for our variances to be approved without the condition of city sewer hookup. We understand that our new home will be limited to three bedrooms, which is consistent with our new, city approved private sewer. Following is an additional copy of our letter dated February 17, 2003 which we are requesting be presented to City Council together with this letter. Thank you for your assistance. Sincerely, Frederick N. Puzak p. 1 Mar 24 03 04:23p owner 239-463-4144 p.2 U.S. Postal Service ----· ----- CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Frederick N. Puz.ak er C Julie Thometz LI') LI') 1340 Baldur Park Rd. Jl Orono,MN 55391 c:J :r er Mr. Mike Gaffron cO c:J Ci,ty of Orono CJ Cl C) 2750 Kelley Parkway R1 CJ Orono, MN 55356 rl LI') Post;;ige $ Cer1ified Fee Return Recolp1 Fee (Endorsement Required) Res1rictod Delivery Fee t----4-.L.;_--''--l (Endorsement Required) 1--~~-F,,r....__j Poslmark Here ru February 17, 2003 r"I SenrTo ~I\.-9 ~ ·si;eei::4iieiiia.;•· .. ····----~-----------··--~-~-~~0 -........................ . ;;.,:;:.;,.--g;;~~~--ls..~%--;;~--------c:J c:J r- Re: Amendment to Variance Resolution #4 720 1340 Baldur Park Rd. (Lot 30, Block I, Baldur ]:'; . .., '' Dear Mr. Gaffron: This letter is a follow-up to our letter filed October 22, 2002, copy enclosed. During a telephone conversation with Mr. Weinberger last October regarding the ongoing lack of city sewer availability, he recommended that the Resolution be returned to Council for amendment, and assured us that City staff was aware of our ongoing file. He said there would be time for this to be handled prior to the November 13, 2002 renewal date, and said that it would be put on the November 12, 2002 Council agenda. It has been over four months since that conversation, without any response from the City. As our request for amendment was filed October 22, 2002, this issue should have been returned to Council as old business. Please let us know when you can have an informational package prepared for Council. We are requesting that the Resolution be amended to delete any reference to city sewer, as the sewer remained unavailable and we now have a new, state-of-the-art CODE private sewer, as was recommended by City staff. Additionally, we sent a letter June 20, 2002, also enclosed, requesting clarification of issues regarding the proposed neighboring subdivision, which has not been answered. In all fairness, a response from City staff is long overdue. Sincerely, Frederick Pw.ak Encl. Copy: Mike Sharratt Julie Thometz -·-. -' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2003 7:00 o'clock p.m. 5. #02-2874 RICHARD KAIL -3753 CASCO AVENUE -VACATION, Continued Nygard moved, Murphy seconded, to deny Application #02-2874, Richard Kail, 3753 Casco Avenue, an adjacent alley Vacation. VOTE: Ayes 5, Nays 0. Bottenberg pointed out that the vacation would come back as a resolution at the next City Council meeting. Kail stated that his next plan would come back with less driveway, two garages , and no deck. Gaffron indicated that the revised application may have to revert to the Planning Commission prior to City Council depending on the number of changes that are made. *6. #03-2875 SANDRA ANN BENSON, 1376 BALD UR PARK ROAD - VARIANCES -RESOLUTION NO. 4943 White moved, Murphy seconded, to adopt RESOLUTION NO. 4943, a Resolution granting variances to reconstruct and expand the roof of the existing principal structure located at 1376 Baldor Park Road. VOTE: Ayes 5, Nays 0. *7. #03 -2879 GARY HEGENES, 2675 SHADYWOOD ROAD -VARIAN CE -'" RESOLUTION NO. 4944 White moved, Murphy seconded, to adopt RESOLUTION NO. 4944, a Resolution granting a side yard adjacent street setback variance to allow a 20.1' setback where 35' is required to construct a 330 s.f. (15'X22') single stall attached garage addition to the existing attached garage located at 2675 Shadywood Road. VOTE: Ayes 5,,-Nays Q . 8. #01-2714 FRED PUZAK, 1340 BALDUR PARK ROAD, REVIEW OF VARIANCE CONDITIONS. Mayor Peterson moved, Murphy seconded, to table Application #01-2714, Fred Puzak, 1340 Baldor Park Road, Review of Variance Conditions, until the applicant is able to attend. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT White complimented the local newspaper for its informative and positive piece on the Navarre Town Meeting held March 13, 2003. He was impressed by the spirit of volunteerism, the pride, and energy displayed by residents at the meeting. Page 5 of9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2003 7:00 o'clock p.m. MAYOR/CITY COUNCIL REPORT, Continued Murphy suggested a video be edited together from the meeting and also complimented the local paper on a terrific article. Mayor Peterson questioned the tree trimming job done on the Burwell property along County Road 15. She also indicated that she had received calls and letters regarding a home on Olive that has had a tarp on the roof for a number of years. Gappa stated that the City needs to discuss enforcement of Codes in this respect. Nygard suggested the City investigate how they could possibly help homeowners complete their work. He felt, if it's an economic situation, it would be nice if the City could provide the resources or volunteers to assist homeowners who've fallen on tough times. White encouraged staff to investigate CDBG grants, which are designed to help people based on need, to get things done. He maintained that there are needs not being recognized in Orono. White stated that, while affordability should start at home, one priority should be to keep the affordable homes we have and assist the elderly who can't afford many things. He believed Orono could tweak the CDBG formula in order to set more money aside for its people. Moorse indicated that Orono is one in a consolidated pool of a dozen communities who share the CDBG funds. In general, Moorse stated that approximately $300,000 is available each year. He pointed out that several years ago, Orono and Spring Park did receive about $130,000 in funding for housing rehab projects in Navarre and Spring Park. He indicated that staff could strive to identify certain properties in Orono and resubmit an application for a portion of the funds next year. He noted that additional funding opportunities exist and could be investigated. A key would also be to get information out to the people and residents who need it. Murphy suggested contacting local churches, as they would have knowledge of their most needy parishioners. Nygard agreed that, at minimum, the City should strive to maintain the affordable housing it has. Mayor Peterson stated that, oftentimes, proud people don't ask for help, however, the City should be there as a resource. Murphy stated that Mrs. McCarthy on Chevy Chase, had contacted him regarding her water going out last Wednesday. She suggested the City do more to notify residents, like Wayzata does, when work is going to be done that will affect water pressure etc. She then noted that much rust had been stirred up in her pipes due to the work done. Page 6 of9 CITY of ORONO March 7, 2003 Fred Puzak 1340 Baldur Park Road \Vayzata, MN 55391 Re: Variance Extension Dear Mr. Puzak: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 I have reviewed with pertinent City staff your letter of February 17 requesting amendment of Resolution No. 4720, as well as your October 22 request for review by the City Council. Unfortunately, when Paul Weinberger left this was one of a number of items for which followup was delayed, and I apologize for the inconvenience. There are a number of issues potentially for discussion with the Coun~il, including: 1. City's inability to obtain proper sewer easement from Bill Franklin. The status of the easement is as follows: Mr. & Mrs. Franklin signed an easement document in late 2001, which the City forwarded to the City Attorney for filing. After obtaining Franklin's Certificates of Title, the Attorney in April 2002 concluded that the easement could not be filed without minor language revisions documenting the Franklins' marital status. Greg Gappa subsequently sent a revised easem~nt document to Franklin on August 8, 2002. Franklin never returned it. Gappa sent out a second copy on November 8, 2002, which has never been returned. These never were returned to the City by the Post Office, so we must conclude that Franklin received them. In January 2003 Gappa then attempted to file the easement which the City Attorney had rejected, and the County Registrar would not accept it because the Franklins' signatures were in black ink and could not be confirmed as original. 2. Construction of new septic system last fall. Last fall you had a contractor install a new septic system to serve your existing residence. City Inspector Matt Bolterman confirmed that your new system has design capacity for only a 3-bedroom home, and that you did not have room on the site to construct primary and alternate systems for a 5-bedroom home. 3. Variance expired November 13, 2002. The variances granted to you on November 13, 2001 expired on November 13, 2002 because no permit was obtained before the expiration date. The City notified you twice in writing of the expiration date ( attached letters by Deputy Clerk Rachel Dodge dated January 29, 2002 and June 5, 2002) and the need to sign the resolution copies to validate them before building permits could be issued. You have never signed the resolutions. From my perspective, despite your ongoing discussions with Paul Weinberger, the variances have technically expired without action by you to sign them or obtain a building permit. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Fred Puzak March 7, 2003 Page 2 4. Variance renewal packet mailed to you February 10. Wendy Bottenberg mailed you the variance renewal forms on February 10, as it is staffs conclusion that you need to file for renewal of the variances. 5. New variance application required. Variance renewal applications are accepted with a reduced fee when there are no changes proposed. However, you apparently will be requesting to not have to connect to sewer, which is a change from the original approval. Therefore, your application will be considered as a new request rather than a simple renewal. I would assume that some of the Exhibits from your prior application will still be applicable; however, a I also assume that you will be providing a revised house plan, given that your septic system is capable of supporting only a three bedroom home, and the plans we have on file indicate a 5-bedroom home. Resolution No. 4720 contains language indicating that certain conditions will trigger further review by the City Council, i.e.: a) if it is determined that connection to sanitary sewer is not possible; or b) if it is found by City staff that the final construction plans are not consistent with variance approvals. It appears that both conditions a) and b) have come to pass, since you can't connect to sewer absent an easement, and construction of a new home to be connected to a septic system is inconsistent with the conditions of approval noted in the resolution. Therefore, I will place your request on the City Council's March 24 meeting agenda. My recommendation to the Council will be that you be allowed to redesign the house to a 3-bedroom configuration, and that you be advised to make a new variance application for a revised house plan and connection to the existing 3-bedroom capacity septic system. As an alternative, to preserve your 5-bedroom design, you might again request that the City condemn an easement for sewer, however, this will undoubtedly slow things down. You had requested a copy of the City's file on the proposed development of the adjacent lots. No formal application for such development has been submitted to the City, and there is no known application pending. I have no file to forward to you. Regarding your 4 item request of June 20 as to platting requirements: 1) Replatting would be classified as a Class III subdivision as you correctly noted. 2) Baldur Park Road was originally platted in 1912 at a width of30'. Neither the platted right- of-way nor the paved width of Baldur Park Road meet current City standards for public roads. The current standards are 50' right-of-way and 28' paved width for a local street that serves 3-10 dwelling units. 3) Lands abutting Lake Minnetonka above the 929 .4' OHWL contour line have historically been credited by Orono toward area requirements, except when such land is determined to be wetland. The City does recognize that portions of the area of the Flood Fringe (between 929.4' and 931.5') are occasionally inundated, and allowed uses within the Flood Fringe are limited by the City and other regulatory bodies. Wetlands would be subject to conservation easement dedication. Fred Puzak March 7, 2003 Page3 4) Development involving the creation of new building sites is normally subject to an 8% Park Dedication (8% of the land or equivalent in cash) as well as a Storm Water and Drainage Trunk Fee of $4,050 per acre in the ½ acre zoning district. Sewer Connection Charges on a per unit basis might also apply; however, it is likely no such charges would apply to replatting of Franklin's lots because he would be incurring the cost of extending the sewer to serve his properties. I hope this provides you with some long-awaited answers. Enclosed is a variance application packet for you to use in making your new request. The next deadline for applications to be submitted is Wednesday, lVIarch 19 at noon for review at the Planning Commission's April 14 meeting. City staff are available to meet with you to discuss any aspect of your project prior to the March 24 Council meeting. Please feel free to call me at 952-249-4600 if you have questions. ;~/7~ Michael P. Gaz---, Planning Director encl. cc: Greg Gappa, Public Services Director Lyle Oman, Building Official Wendy Bottenberg, City Planner Rachel Dodge, Deputy Clerk Mike Sharratt August 8, 2002 Mr. William Franklin 1730 New Brighton Blvd Minneapolis, MN 55413 RE: Baldur Park Easement Dear Mr. Franklin; CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystai Bay, MN 55323-0066 In March of this year, you had signed and returned to the City an easement agreement for utility purposes across your property. This easement could not be recorded, at Hennepin County, because your marital status was not listed on the document. The City Attorney has provided a new easement form that he would like signed. This is a newer form that has been revised from the original form that you had signed. However, the intent of the document is still the same, to provide the City a permanent easement for the installation and maintenance of public utilities across your property. Pleas sign and return this easement document at your earliest possible convenience. Please contact me at 612-249-4621 should you have any questions regarding this easement. Thank you for your assistance in this matter. Sincerely; ~ 0 9Jc11&' Gregory A. Gappa Director of Public Services Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us HINSHAW & CULBERTSON BELLEVILLE, JLLINOIS CHAMPAIGN, ILLINOIS CHJCAGO, ILLINOIS CRYSTAL LAKE, ILLINOIS JOLIET, ILLINOIS LISLE, ILLINOIS PEORIA, ILLINOIS ROCKFORD, ILLINOIS SPRINGFIELD, ILLINOIS WAUKEGAN, ILLINOIS WRITER'S DIRECT DIAL NO. 612-334-2516 Gregory A. Gappa Director of Public Services City of Orono P.O. Box66 Crystal Bay, MN 55323-0066 Easements Dear Greg: PIPER JAFFRAY TOWER SUITE3100 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402 612.333.3434 TELEFAX: 612.334.8888 April9,2002 PHOENIX, ARIZONA SAN FRANCISCO, CALIFORNIA FT. LAUDERDALE, FLORIDA JACKSONVILLE, FLORIDA MIAMI, FLORIDA TAMPA, FLORIDA SCHERERVILLE, INDIANA ST. LOUIS, MISSOURI APPLETON, WISCONSIN MILWAUKEE, \YISCONSIN F1LENO. 754868 Enclosed is an easement form that we prepared some time ago for the City of Orono. I am returning the Franklin easement. When individuals sign a real estate conveyancing document, it is necessary to designate their marital status (either single or husband and wife). This is necessary so that the document can be recorded. Would you like to redraft this easement on the prescribed form? If you want us to do so, we can. Please call. cc: Thomas J. Barrett, Esq. (w/enc.) Verytl;;~v /~~ / Rolfe A..i\Vorden HC26DS4/ 471 SI 26556307 .vl 4/9/2002 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS l \-CITY.-of. .. ORONO February 10, 2003 Fred Puzak 1340 Baldur Park Road Wayzata, MN 55391 Mr.Puzak: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Bt>x 66 Crystal Bay, MN 55323·0066 Please find enclosed an application renew your variances. Also included in the application is the submittal list and deadlines for submittal. The next deadline is February 19, 2003. If you have any questions, please feel free to call at (952) 249-4600. , Sincerely, I { l(o.,::Lc, fe--tt-L,1d'l,i?-' Wendy Bottenberg · City Planner Encl. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO June 5, 2002 Frederick Puzak & Julie Thometz 1340 Baldur Park Road Wayzata, MN 55391 RE: Variance Resolution Dear Fredrick & Julie: Street Address: 2750 Kelley Parkway Orono, MN 55356 SECOND REQUEST Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 A resolution #4 720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13, 2001. The variance expires November 13, 2002, it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution #4720. If you have any questions, please call me at (952) 249-4600. Sincerely, Rachel Dodge Deputy Clerk Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO January 29, 2002 Frederick Puzak & Julie Thometz 1340 Baldur Park Road Wayzata, MN 55391 RE: Variance Resolution Dear Fredrick & Julie: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 A resolution #4 720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13, 2001. The variance expires November 13, 2002, it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution #4720. If you have any questions, please call me at (952) 249-4600. Sincerely, Rachel Dodge Deputy Clerk Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us MAR-06-2003 15:50 SHARRATT & MACDONALD 952 470 8407 SHAKKA Tr/JESIGNCOMf ANY T R A N s M I T· T A TO ADORES& COMPANY DATE PHONE 1:'ROJECT FAX SUBJECT OTHER VIA DESCRIPTION TRANSMITTED US Mail Design Sketchea / Notes ---,<, For Your Information I v/ Fax PrintSets ---As Requested ---Courier Drop / Pick-up Original Tracings ---Specifications --- ....,..... .... __ Rovl~ & qpmment ___ Review & Approval Air Shop Drawings ---.---Reference ---Over Night ___ Ssmpla& Record ---Other Other ---Printing --- ITEMS ACTION \ Transmittal Drawings / Set ,c No Response Required --.--___ Respond ( Letter ---Respond ASAP Notes/ M:emo ---Urgent Total Sheets NOTES NJJt4-(G •. Cu'< Go\A~~~~¼a'-it ~<.. Ts-F~$ ~ .k, M.~vv~ &.J..tJL f~-~-l}_ro~:· ~~$tro< ~-. COPYTO: E-MAIL: BY: WEB: www.sharrattmacdonald.com 2.& I School Avenue#; 10 Excelaior, MN "" I Thia communhat.i:ln may contain confidantlBJ i'lfunnafhr1. Any use of thiJ i'lftl,mafbn COtJtaned wllhln lhls ctocument Without the pet11U$$,iOn of tho ntanded reclplsntls prohlbblcJ, Jf 18C8Ned;, snor ~ dNlm.Y, Thank you. P.01/02 L MAR-06-2003 15:50 f'e:>b OG 03 ll:30a To: From: Re: Date: SHARRATT & MACDONALD owner Fax Transmission Mike Sharratt Fred Puzak, Julie Thometz 239-463-4144 Baldur Park Rd February 6, 2003 Cov~r + 9 pages Hi Mike. It was good to hear from you. 952 470 8407 '-..... •.• 'u...., Following are copies of our most recent letters to the City of Orono. The first, dar.cd June 20, 2002, requests clarifications and confirmation regarding a utility easement and the second, stamped received October 22, 2002, requests placement oil the Council agenda. The City did not respond to either letter_ Also, for your reference, is a copy of page 24 of the minutes of the Orono Planning Commission~ dated September 17, 2001, which unanimously approved all varianc~s. Also included is Notice of Council Action dated October 23, 2001, which indicated that the Council would review the variances if Cjty Sewer was not made available. Fred left messages for Mike Gaffron and Wendy Bottenberg yesterday, February 5, 2003. Mr. Gaffion is out of town until next week. Ms. Bottenberg had Matt Boltcmnan .return the call. They are ~ware that we are requesting Council action. Ptrhaps ;~ call from you to Ms. Bc,nenbcrg (952-249-4600) wcrnld let her know that a resplmse Lo our hmers is lung overdue. Just for your file, we also sending five pages regarding mtr sept.ic system: • permit issued July 8, 2002, • septic final completion dated December 9, 2002, • staff memo rcco rnmending approval of a new three bedroom house in regard to septic dated October 17, 2001 together with site plan • existing septic compliance report dated May 29, 2001. The two previously existing ~omplian1 septic sites are still in use, pending the City's approva.l of our new home plans. 'Please give us a call after you've had a chance lo review these documents. We don't expect to hear back from the City until next week, at the earliest, since Mike Gaftron is on vacation. Regards, Freel and Julie P.02/02 I 1340 Baldur Park Rd. Orono, MN 55391 Mr. Mike Gaffron City of Orono 2750 Kelley Parkway Orono,MN 55356 February 17, 2003 Re: Amendment to Variance Resolution #4720 CERTIFIED MAIL RETURN RECEIPT 1340 Baldur Park Rd. (Lot 30, Block 1, Baldur Park) Dear Mr. Gaffron: This letter is a follow-up to our letter filed October 22, 2002, copy enclosed. During a telephone conversation with Mr. Weinberger last October regarding the ongoing lack of city sewer availability, he recommended that the Resolution be returned to Council for amendment, and assured us that City staff was aware of our ongoing file. He said there would be time for this to be handled prior to the November 13, 2002 renewal date, and said that it would be put on the November 12, 2002 Council agenda. It has been over four months since that conversation, without any response from the City. As our request for amendment was filed October 22, 2002, this issue should have been returned to Council as old business. Please let us know when you can have an informational package prepared for Council. We are requesting that the Resolution be amended to delete any reference to city sewer, as the sewer remained unavailable and we now have a new, state-of-the-art CODE private sewer, as was recommended by City staff. Additionally, we sent a letter June 20, 2002, also enclosed, requesting clarification of issues regarding the proposed neighboring subdivision, which has not been answered. In all fairness, a response from City staff is long overdue. Sincerely, FredericJ~L__ Encl. Copy: Mike Sharratt Frederick Puzak & Julie Thometz 1340 Baldur Park Rd. Orono, MN 55391 Mr. Paul Weinberger City of Orono 2750 Kelley Pkwy. Orono, MN October 21, 2002 Re: Variance Resolution #4720 Dear Mr. Weinberger: ~I I " Ur UHONo As you may remember, we were granted variances to construct a new home last November with the condition of hooking up to city sewer. We have now waited another year for a utility easement across the neighboring property, as promised by its owner, Mr. Bill Franklin. Out of necessity, we are now proceeding with the installation of an approved, code compliant 3BR private sewer system which should be completed by the end of the month. As the Planning Commission recommended approval of our plans upon installation ot a'. code compliant septic system, we ask that the variances be renewed for another 12 · months without the condition of city sewer hookup. As residents of Orono for the past nine years, we greatly appreciate the quality of life here, and would now like to proceed with our plans to accommodate our growing family. If possible, we would like to bring this old business to City Council on October 28th. Please advise, 952-4 71-9229. Sincerely, Frederick Puzak Julie Thometz Frederick Puzak Box 158 Spring Park, MN 55384 Mr. Paul Weinberger City of Orono 2750 Kelly Pkwy Orono, MN 55356 June 20, 2002 PS Form 3817, Mer. 1989 Re: Frank.lin/Hessburg Development Lots 21 -29, 31 -33 Blk I, Baldur Park Dear Mr. Weinberger: As a follow-up to our telephone conversation of June 6, I would appreciate receiving a complete copy of the City's file on the proposed development of the above mentioned lots, including staff notes and recommendations. Also, please confirm that the following requirements would apply: 1.) Replatting would be classified as a Class III subdivision due to the extension of city sewer, dedication of public roadway and request for flexible zoning (11.03 subd. 2.66.c.2 through c.4.). 2. ) Minimum public right of way required is 50' (28' pavement width) and maximum cul de sac length is 1000' (11.33 subd. 4.). Does Baldur Park Road meet these requirements? 3.) Flood plain (below elevation 931.5) and wetlands shall be dedicated as conservation easements and not be utilized for computing the area requirements for any lot (11.41 sub. 2 .E and 3.B.4). 4.) Pursuant to Sec 11.62, prerequisite to approval of a final plat is the dedication to the public of 8% of the land being platted, or equivalent cash contribution be made by the developer (e.g. 8% of$1 million= $80,000). Also, please confirm that Mr. Franklin has not provided a utility easement "free of charge" as he promised eight months ago at the City Council meeting on October 22, 2001. Thank you for your clarification of these matters. Sincerely, Frederick N. Puzak 1340 Baldur Park Rd. Wayzata, MN 55391 ! ~ I I I 7001 25(0 0008 ,406 5509 n ..., 2 I L-I F\RST N(f:fc!:: . Mr. Mike Gaffron City of Orono 2750 Kelley Parkway Orono, MN 55356 'S~-':'"~-S.~~~~~! 'C)S ·f i:f" ?·! :!i:I:: :·Ji: ti! i:: f i :}.-:Ja I::; :.1 i1 !:: i: i:!: l:i~ l!Ji: ,:El ;tf·i \~ CITY.-of. .. ORONO February 10, 2003 Fred Puzak 1340 Baldur Park Road Wayzata, MN 55391 Mr. Puzak: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Bbx 66 Crystal Bay, MN 55323-0066 Please find enclosed an application renew your variances. Also included in the application is the submittal list and deadlines for submittal. The next deadline is February 19, 2003. If you have any questions, please feel free to call at (952) 249-4600. , Sincerely, 1 ( l -iJ ,-Lt-, I { . l { 'l((f j .Pfc<A __ LtLCi~it-' Wendy Bottenberg · City Planner Encl. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us t . August 8, 2002 Mr. William Franklin 1730 New Brighton Blvd Minneapolis, MN 55413 RE: Baldur Park Easement Dear Mr. Franklin; CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Malling Address: P.O. Box 66 -~rysiai Bay, MN 55323 -0066 In March of this year, you had signed and returned to the City an easement agreement for utility purposes across your property. This easement could not be recorded, at Hennepin County, because your marital status was not listed on the document. The City Attorney has provided a new easement form that he would like signed. This is a newer form that has been revised from the original form that you had signed. However, the intent of the document is still the same, to provide the City a pe~anent easement for the installation and maintenance of public utilities across your property. ~. Plc;!as sign and return this easement document at your earliest possible convenience. Please contact me at 612-249-4621 should you have any questions regarding this easement. Thank you for your assistance in this matter. -, Sincerely; ~ O 9:Jc1,p- Gregory A. Gappa Director of Public Services Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us EASEMENT AGREEMENT ~-----. THIS AGREEMENT, made this ___ day of ________ 2002, .between William J.M. Franklin and Pauline Franklin, Husband and Wife ("Owner"), and the City of Orono, a Minnesota municipal corporation ("City"). RECITALS: A. Owner is the holder of a fee simple interest in property located in Hennepin County, Minnesota, legally described in Exhibit A hereto (the "Property"). B. The City desires a permanent easement for the purposes hereafter set forth, and Owner has agreed to grant such easements upon the terms and conditions contained in this Easement Agreement. C. The permanent easement granted by the Owner pursuant to this Easement Agreement is legally described in Exhibit B hereto (the "Permanent Easement"). NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration give to Owner by the City, the receipt and sufficiency of which is acknowledged, it is agreed: AGREEMENTS 1. Grant of Permanent Easement. Owner hereby grants to the City for the benefit of the public, a permanent, exclusive easement for the benefit of the public in, under, over and across that portion of the Property legally described on Exhibit B attached hereto and made a part hereof for the purpose of the construction and maintenance of public utilities, including but not limited to piping and other conduits of any nature for water, sanitary sewer, storm sewer, gas, telephone, electricity, cable television, internet access, and any other public utility (the "Public Improvements") 2. J\:Iaintenance of Permanent Easement Area. The City shall maintain the Permanent Easement area at its own expense. Said maintenance obligation shall include, without limitation, keeping the same in good and safe condition for the purpose granted herein and reasonably free and clear of foreign objects, debris and obstructions. Page 1 of 5 3. Restoration. After maintenance, repair, reconstruction or construction of any Public Improvements, the City or any other entity conducting work on the Public Improvements shall return the area it disturbs within the easement areas to the preexisting condition 4. Owner Covenants. Owner covenants and agrees that the easement areas shall not be encroached upon by fill, excavation, erection of buildings or permanent enclosures, fences or walls, or other obstructions by Owner which would interfere with, or which would otherwise obstruct access to the Public Improvements 5. Binding Effect. The terms, provisions and easements provided herein shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the Owner. The covenants, agreements and easements contained herein shall be deemed to run with, burden and benefit the Property. 6. Termination of Permanent Easement. In the event that use of the Permanent Easement is at anytime discontinued by the City, the City shall have the right, but not the duty, to enter further upon the Easement area and remove all or any portion of the Public Improvements which have been placed upon; over or under the Permanent Easement area. IN 'WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written, subject to all of the terms and conditions herein set forth. CITY OF ORONO O\VNER By _____________ _ By _____________ _ Barbara A. Peterson, Mayor William J.M. Franklin And By ___________ _ And By ____________ _ Linda S. Vee, City Clerk Pauline Franklin Page 2 of 5 STATE Of MINNESOTA) COUNTY OF HENNEPIN) ss t----• The foregoing instrument was acknowledged before me this __ day of ____ _ 2002, by Barbara A. Peterson and Linda S. Vee the Mayor and City Clerk respectively, of the City of Orono, a Minnesota municipal corporation, who executed this Agreement and acknowledged that they executed the same on behalf of the City of Orono. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss Notary Public The foregoing instrument was acknowledged before me this __ day of ____ _ 2002, by William J.M. Franklin and Pauline Franklin who executed this Agreement and acknowledged that they executed the same on behalf of the Owner This instrument was Drafted By:· Hinshaw & Culbertson (RAW) 3100 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612) 333-3434 Notary Public Page 3 of 5 Exhibit A Lots 21 through 29 inclusive, Block 1, "Baldur Park", Hennepin County Minnesota, Page 4 of 5 . Exhibit B An easement over those parts of Lots 21 through 29 inclusive, Block I, "Baldur Park", which lie within 10.0 feet on the southwesterly side and 20:0 feet on the·northeasterly side of the following described centerline,: Commencing at the most southerly comer of said Lot 21; thence on an assumed bearing of North 33 Degrees 35 minutes West along the southwesterly line of said Lot 21 a distance of 11.00 feet to the point of beginning of the centerline being described; thence North 45 degrees 22 minutes East a distance of 93.00 feet; thence North 9 degrees 45 minutes West a distance of 47.00 feet; thence North 33 degrees 42 minutes West a distance of 66.00 feet; thence North 20 degrees 16 minutes West a distance of26.50 feet; thence North 33 degrees 22 minutes West a distance of 65.00 feet; thence North 35 degrees 28 minutes West a distance of 58.00 feet; thence North 38 degrees 34 mhrntes West a distance of53.00 feet; thence North 50 degrees 53 minutes West a distance of81.00 feet; thence North 57 degrees 16 minutes West to its intersection with the northwesterly line of said Lot 29, and said centerline there ending, Hennepin County, Minnesota. Page 5 of 5 August 8, 2002 Mr. William Franklin 1730 New Brighton Blvd Minneapolis, MN 55413 RE: Baldur Park Easement Dear Mr. Franklin; CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In March of this year, you had signed and returned to the City an easement agreement for utility purposes across your property. This easement could not be recorded, at'Hennepin County, because your marital status was not listed on the document. The City Attorney has provided a new easement form that he would like signed. This is a newer form that has been revised from the original form that you had signed. However, the intent of the document is still the same, to provide the City a permanent easement for the installation and maintenance of public utilities across your property. Pleas sign and return this easement document at your earliest possible convenience. Please contact me at 612-249-4621 should you have any questions regarding this easement. Thank you for your assistance in this matter. Sincerely; ~ 0 9,Jttf,Jt?- Gregory A. Gappa Director of Public Services Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.rnn.us DESCRIPTION OF WORK Locate edsements on Lots 20 and 21, Block 1, BALDUR PARK, Hennepin County. Locale road in area Of lots 16, Olock 1. through Lot 22, Block l, BALDUR PARK. Locate triangle on Lot 21 that is part of legal description. LEGAL DESCRIPTION OF EASEMENT FOR LOT 20 BLOCK 1 Lot Twenty (20), Block One (1). in Baldur Park, subject to and reserving in the granters herein, their assigns, the survivor of said parties, and the heirs and assigns of the survivor, an easement for driveway pur.poses over that portion of said lot described as follows: Colllllencing at the Southeasterly corner of said Lot 20; thence Northwesterly on the Southwesterly line of said Lot 20, distant 45.0 fcct1 thonco Northoactorly to~ point on tho Northwoctorly line of ~aid Lot 20 distant 45.0 feet Northeasterly from the Southwesterly corn~r of sa;d Lot 20: thence Northeasterly on the Northwesterly line of said Lot 20. distant. nn.n feet; thence Southwesterly to the place of beginning as now laid out, and. That part of Lot Twenty-one (21), Block One (1) in Baldur Park described as follows: C011111encing at the Meander line on the Northeasterly corner of said · Lot 21; thence Nol'th\JHt11rly on ')afti lin~ liht~.nt SO.O feet .. to..-t!v.:. Not·l.h-__ wegterly corner of !laid lot 21: thence Southwe!ltel"ly on the Northwesterly liM of said Lot 21, distant 23. feet; thence Southeasterly to a point on the Southeasterly line 66/5 feet Southwesterly from the· Northeasterly r.nrnPr; thence Northeasterly on the Southeasterly line 66.5 feet to the place of beginning. I hereby certify that this sketch plan or report was prepared by me or under my direct supervision and that I am a duly registered Land Surveyor under the laws of the State of Minnesota. Woodrow A. Brown R.L.S. Reg. No. 15230 Date: September 21, 1987 30 0 30 ----- IN • DENOTES FOUND IRON 0 DENOTES SET IRON • 60 FEET \A/ 001\\AIM I ~ Mr"\ ~I lt)\/C:-VIMr- ~-05-2002 15:19 952 471 9455 767. P.02 Frederick Puzak Box 158 Spring Park, MN 55384 Mr. Paul Weinberger City of Orono 2750 Kelly Pkwy Orono, MN 55356 June 20, 2002 Re: Franklin/Hessburg Development Lots 21 29, 31 -33 Blk I, Baldur Park Dear Mr. Weinberger: As a follow-up to our telephone conversation of June 6, I would appreciate receiving a complete copy of the City's file on the proposed development of the above mentioned lots, including staff notes and recommendations. Also, please confirm that the following requirements would apply: 1.) Replatting would be classified as a Class III subdivision due to the extension of city sewer, dedication of public roadway and request for flexible zoning (11.03 subd. 2.66.c.2 through c.4.). 2.) Minimum public right of way required is 50' (28' pavement width) and maximum cul de sac length is 1000' (11.33 subd. 4.). Does Baldur Park Road meet these requirements? 3.) Flood plain (below elevation 931.5) and wetlands shall be dedicated as conservation easements and not be utilized for computing the area requirements for any lot (11.41 sub. 2 .E and 3.B.4). 4.) Pursuant to Sec 11.62, prerequisite to approval of a final plat is the dedication to the public of 8% of the land being platted, or equivalent cash contribution be made by the developer (e.g. 8% of$1 million= $80,000). Also, please confirm that Mr. Franklin has not provided a utility easement "free of charge" as he promised eight months ago at the City Council meeting on October 22, 2001. Thank you for your clarification of these matters. Sincerely, ()'q,,·' ,··~···••''' ') '•,,L____· \ -~C Frederick N. Puzak ... .. , JI!-!-• .. , .. .•. ::i:;:: --... ~ June 5 , 2002 Frederick uzak & Julie Thometz 1340 Baldur Park Road Wayzata, MN 55391 RE: Variance Resolution Dear Fredrick & Julie : CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 SECOND REQUEST Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay , MN 55323-0066 A resolution #4 720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13, 2001. The variance expires November 13, 2002, it is impo1iant that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures . Before issuance of any bui lding permits, your signature is required. Please reference Resolution #4720. If you have any questions, please call me at (952) 249-4600 . Sincerely, Rachel Dodge Deputy Clerk Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO January 29, 2002 Frederick Puzak & Julie Thometz 1340 Baldur Park Road Wayzata, MN 55391 RE: Variance Resolution Dear Fredrick & Julie: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O . Box 66 Crystal Bay, MN 55323-0066 A resolution #4 720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13, 2001 . The variance expires November 13, 2002, it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures . Before issuance of any building permits, your signature is required . Please reference Resolution #4720. If you have any questions, please call me at (952) 249-4600. Sincerely, Rachel Dodge Deputy Clerk Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 '7 2 0 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISIONS 16 AND (L) 1 AND 2; AND SECTION 10.55, SUBDIVISION 8 FILE NO. #01-2714 WHEREAS, Frederick Puzak and Julie Thometz (hereinafter "the applicants") are owners of the property located at 1340 Baldur Park Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 30, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published notice and mailed notice in accordance with Mi:mesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 17, 2001 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property. No,v, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #01-2714. 2. The property is located in the LR-IC One Family Lakeshore Residential Zoning District where 0.5 acre is the minimum lot area requirement. The property has a lot area of 0.5 acre. Page 1 of 9 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 2 0 3. The Orono Planning Commission reviewed this application on September 17, 2001 and recommended approval on a vote of 7 to O to approve variances as requested based on the following findings: A. Property owners propose to remove the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the peninsula most of the lot area (79% of the lot) is located within 75' of the lakeshore. B. Only a small portion of the property is located outside of the 75' setback. Due to setback requirements, most of the 75' -250' setback area is not buildable due to street setback and side setback requirements. C. The property is located in the MUSA area. D. The applicant's house is the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road. The existing residence is not connected to sewer because an easement for utility or sewer purposes would be required across the adjacent properties to Baldur Park Road. The property has an easement for driveway purposes only. E. The Council approved a preliminary plat subdivision approval in 1982 for two lots between the subject property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982, the City can assume there is a possibility that there are two building sites south of the property. Based on this assumption, a total of 3 lots will ultimately require sewer connection. F. The property also has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3' above the seasonal water table. The system is not compliant with all regulations because the entire drainfield site is located within 75' of the lakeshore. Occupancy of a new house requires the septic to be replaced. Page 2 of9 CITYofORO 0 RESOLUTION OF THE CITY COUNCIL NO. 4 7 2 0 G. The proposed structure does not exceed 15% of the lot area. 4. The property is located within the Metropolitan Council defined Metropolitan Urban Services Area (MUSA). Only properties within the MUSA are permitted to have sewer connection. 5. The Baldur Park peninsula was part of the 1965 LS #1 sewer project. The house is located on Lot 30, Baldur Park about 500' to the existing municipal sewer line in the Baldur Park Road right of way. Completing the connection to the municipal sewer line requires a public utility easement over the adjacent properties to the east. 6. All of Lots 21 through 33, Baldur Park were in common ownership at the time sewer was installed in Baldur Park Road. The house located on Lot 30 was required to connect to sewer following final installation of the sewer. 7. In 1974 Lots 21 through 29 and Lot 33 were sold separately from Lots 30 and 31. Lot 31 was later sold separately. Before Lot 31 was sold separately an easement was granted in benefit of Lot 30 for a private sewage disposal system. 8. The existing private sewage disposal system located on Lot 31 for the house on Lot 30 is non-compliant due to the system being located within 75' of the lakeshore of Lake Minnetonka. 9. The properties east (Lots 21 through 29 and 31 through 33) are under common ownership, although separate ownership from Lot 30. At the October 8, 2001 City Council meeting the property owner of Lots 21 through 29 and 31 through 33 has offered to grant a public utility easement to allow connection for Lot 30 to municipal sewer, and a willingness to share in the expense for sewer construction. 10. The City of Orono has adopted a sewer policy as part of the 2000-2020 Comprehensive Plan. The sewer policy states the following as it relates to areas in Orono that are within the MUSA: A. The primary method of sewage treatment and disposal within the Urban Area will be municipal sewer. Page 3 of 9 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 2 0 B. Orono will provide municipal sewer to lakeshore areas and non-lakeshore areas within the MUSA when it is determined that municipal sewer is preferable to long-term use of on-site sewage treatment areas. C. All sewer-serviced properties must be connected. Consistent with the regulations of the Minnesota Health Department and the MCES, every building intended for human habitation, occupancy or use shall be provided with suitable sanitary facilities and shall be connected to the municipal sewer system whenever a sewer lateral serves the property or is within a reasonable distance of the property. 11. Municipal Code Section 12.30 regulates individual sewage treatment systems for the City of Orono. This section requires that building permit applications for new residences require Code Systems. The existing system is not a Code System because it is located within 75' of the OHWL of Lake Minnetonka. 12. It is the position of the City of Orono that a new residence should connect to municipal sewer service following extension of the sewer line from Baldur Park Road. The existing house was required to connect to municipal sewer following the 1965 LS 1 project and did not. 13. The property is located within the MUSA and in the Shoreland Overlay District. In the Comprehensive Sewer Policy Plan (CMP Part 4 (C)) a principal goal of Orono's planning program is the protection of natural resources and environmental amenities, particularly the water quality of Lake Minnetonka. The major pollutants affecting Lake Minnetonka are contained in sewage effluent and stormwater runoff. Orono's sewage treatment policies are directed at minimizing or eliminating pollutant sources. 14. The Council finds that connection to municipal sewer is the only viable long term solution to protecting the water quality of Lake Minnetonka. A private sewage treatment system, on the point of the Baldur Park peninsula would have lakeshore on three sides of the system. Page 4 of 9 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 (t) 15. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 16. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property subject to the following conditions: 1. The existing non-compliant septic system is required to be abandoned per state and local requirements and a new residence shall be connected to sanitary sewer. If it is determined connection to sanitary sewer is not possible additional review of the variances by the Council is required. Page 5 of9 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4720 NO. . 2. Any amendments to the individual site and building plans shall require Building and Zoning Department Staff approval. Staff findings shall be made that the final site and building plans are consistent with the approved plans. The Building and Zoning Staff shall refer any plans to the City Council that are found to not be consistent with the variance approvals. 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 13, 2002). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 6 of 9 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 ''12 0 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13 th day of November, 2001. ATTEST: -~1~~Jvv LmdS. Vee, City Clerk Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 13th day of November, 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. e DENISE M. LESKINEN NOTARY PUBLIC· MINNESOTA My cornmbslon Expires Jan . 31, 2005 ST A TE OF MINNESOTA COUNTY OF HENNEPIN ~~ Notary Public The foregoing instrument was acknowledged before me on this ;i14-day of November, 2001 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. i;Ei'•H SE M. LESKINEN NOTARY PUBLIC. MINNESOTA My Commission Expires Jan. 31, 2005 Notary Public Page7of9 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 41: 7 i 0 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 of ___________ _ ________ , 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 of ___________ _ ________ , 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 8 of9 / CERTIFICATE OF SURVEY FOR FRED PUZAK 4120 OF LOT 30, BLOCK 1, BALDUR PARK HENNEPIN COUNTY, MINNESOTA A.·· Pi-2-0fbGED .. ~M-E tl<Hl61T LAKE . MINNETONKA ' LoT Ltf.lE LEGAL DESCRIPTION 01' PREMISES : I Lot JO, Block I, Boldur Pork, together with on easement for privote sewer system purposes over Lot J t, Bicek t, "Boldur Pork", os contained in Doc. No. 1440581. Files of Registrar of Titles, Hennepin County, Minnesota. o : denotes iron marker (970.1): d~notes existing spot elevation, mecn sea level datum A-I!..-"=> T U:i • '2oo I ~P~~E.O ~v1'..C11-16 SvfeJl.//l\~~o CN ~ITS MD ~,l,,C€.<:, /}<:lt:lr\e.0 .51 €rlMAATT .t/,'~,l.,LD C::S~ CO, tC(2. -.).a.,h-lCE '5•.lDN--l"TT,l,,1_ -_ -964-__ : denotes existing contour line, mecn · seo level datum. NOTE Bearings shown are based upon-on assumed datum. This contour information is l'.lk.~rni:!LQ.'!! survey doted t t -9-8 t. _______ -·---·· . _ This survey intends to show the boundbries of the above described property. the location of an existing house, and the location of aR visible "hardcover" thereon. It does not purport to show ony other improvements or encroachments. HINSHAW & CULBERTSON BELLEVILLE, ILLINOIS CHAMPAIGN, ILLINOIS CHICAGO, ILLINOIS CRYSTAL LAKE, ILLINOIS JOLIBT, ILLINOIS LISLE, ILLINOIS PEORIA, ILLINOIS ROCKFORD, ILLINOIS SPRINGFIELD, ILLINOIS WAUKEGAN, ILLINOIS WRITER'S DIRECT DIAL NO. 612-334-2516 Gregory A Gappa Director of Public Services City of Orono P.O. Box66 Crystal Bay, MN 55323-0066 Easements Dear Greg: PIPER JAFFRAY TOWER SUITE3100 222 SOUTH NlNTH STREET MINNEAPOLIS, MINNESOTA 55402 612.333.3434 TELEFAX: 612.334.8888 April 9, 2002 PHOENIX, ARIZONA SAN FRANCISCO, CALIFORNIA FT. LAUDERDALE, FLORIDA JACKSONVILLE, FLORIDA MIAMI, FLORIDA TAMPA, FLORIDA SCHERERVILLE, INDIANA ST. LOUIS, MISSOURI APPLETON, WISCONSIN MILWAUKEE, \YISCONSIN FILENO. 754868 Enclosed is an easement form that we prepared some time ago for the City of Orono. I am returning the Franklin easement. When individuals sign a real estate conveyancing document, it is necessary to designate their marital status (either single or husband and wife). This is necessary so that the document can be recorded. Would you like to redraft this easement on the prescribed form? If you want us to do so, we can. Please call. cc: Thomas J. Barrett, Esq. (w/enc.) HC26DS4/ 4715/ 26556307.vl 4/9/2002 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30, BLOCK 1, BALDUR PARK HENNEPIN COUNTY, MINNESOTA f'!2 -~:ifbG,eD · HOME LAKE MINNETONKA ' ' LEGAL DESCRIPTION OF PREMISES : I Lot 30, Block 1, Boldur Pork, together with an easement for private se:wer system purposes over Lot 31, Block 1, "Baldur Pork", as contained in Doc . No . 1440581 , Files of Registrar of Titles, Hennepin County, Minnesota. o : denotes iron morker (970.1): de11otes existing spot elevation, mean sea level datum ---964---denotes existing contour line, mean · sea level datum. NOTE : This contour information is PRINTED SHARRATT & MACDONALD DESIGN COMPANY Bearings shown are bosed upo n an assume a um. rom our surve doted 11-9-81 . This survey intends to show the boundaries of the above described property, · the location of an ex isting house, and the location al a» visible "hardcover" thereon. It does not purport to show ony other improvements or ~ncroochments. CITY of ORONO December 7, 2001 Mr. William Franklin 1730 New Brighton Boulevard Minneapolis, MN 55413 Street Address: 2750 Kelley Parkway Orono, MN 55356 RE: BALD UR PARK ROAD BUILDING SITES UTILITY EASEMENT Dear Mr. Franklin: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This letter is in response to your and Mr. Hessburg's proposal to replat the Baldur Park properties and to provide a public sewer easement for sewer access to the building sites at the end of the point. We are prepared to provide the utility easement document for your and Pauline Franklin's signatures, however we are correcting the legal description since we believe a portion of the existing driveway is located on a neighboring property. The easement must be changed to follow your property line. We are making that correction. Following a preliminary review of the issues involved with replatting and developing the properties the City is taking this opportunity to provide direction on several items. City policy has been to require private driveways to serve no more than two residences. Your proposal to plat two additional building sites would make the total properties at the end of Baldur Park Road to three, thus requiring the road be extended to the end of the peninsula. Due to the narrow width of the peninsula and the additional hardcover that would be required to provide adequate width for a road it may not be necessary to plat a road, but rather propose a shared driveway for the three properties. Baldur Park Road is a street without an outlet and is without an adequate turning radius at the end of the street. We would recommend a cul-de-sac be constructed at the end of the existing road, over existing Lots 21 or 22 rather than extend the existing street and provide a cul-de-sac at the end of the street. The cul-de:-sac should be constructed and dedicated to the public as right-of-way. City standards are for a 50' radius right-of-way and 40' pavement width. You have indicated you would prefer to utilize the existing private driveway for access to the two new building sites. That would require a front lot/back lot subdivision with the creation of a private driveway outlot. The private driveway would be owned and maintained by the three individual Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us property owners. A private driveway outlot is required to be platted 30' in width, with a 16' improved surface width. Front lot/back lot subdivisions require lots without access to a road be 150% of the zoning district requirements. Therefore, the new lot at the end of the point must be at least three-fourths of one acre in size. I have included the front lot/back lot subdivision standards. If the private driveway concept is approved by the City further review of the driveway ingress/egress at the end of the point should be reviewed by the City of Orono and Long Lake Fire Department to ensure adequate space to accommodate emergency vehicles on site. I have previously provided for you subdivision application materials and the list of required application submittals. The next application deadline for a Sketch Plan Review with the Planning Commission is noon, December 19, 2001. Once a complete application is received you will be scheduled for the next available meeting. The next scheduled meeting with the Planning Commission is Tuesday, January 22, 2001 at 6:30 p.m. Please do not hesitate to contact me at (952) 249-4600 to discuss this matter. Sincerely, ,p,uJ/J~~ Paul Weinberger Zoning Administrator Enclosure: Section 10.03, Subdivision 27 -Special Standards for Back Lots Ordinance 122, 2nd Series -Standards for Lots Without Access to a Road cc: Dan Hessburg, Re/Max Greg Gappa, Director of Public Services Mike Gaffron, Planning Director Wendy Bottenberg, Zoning Administrator § 10.03 Subd. 23. Permit Required. The requirements of Subdivision 19 are not intended to govern the normal and customary rip-rap of lakeshore property. It is unlawful for any person to rip-rap lakeshore property within the limits of the City without a permit issued by the City Engineer. Any unusual rip-rap shall be referred by the City Engineer to the Planning Commission and the Council for action in accordance with this Chapter. · Source: Ordinance No. 167 Effective Date: 6-25-74 Subd. 24. Application for Permit. An application for such permit shall be accompanied by a drawing showing the location of the proposed rip-rap and such other information as the City Engineer may require from time to time. Applications shall be filed with the City Administrator and shall be accompanied by a fee in the amount prescribed by the current City fee schedule payable to the City. Source: Ordinance No. 196 Effective Date: 8-22-77 Subd. 25. Mining. The commercial extraction of sand, gravel, or other material from the land and removal thereof from the site without processing shall be mining. In all districts the conduct of mining shall be permitted only upon issuance of a condi-tional use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or development of the site on which the mining is being conducted, and the route of trucks moving to and from the sites. A bond will be required for restoration. Subd. 26. Soil Processing. The operation of processing of sand, gravel, or other material mined from the land shall be permitted only by conditional use permit. Such conditional use permit shall include a site plan where the processing is to be done, showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site, the condition in which the site is intended to be left upon completion, hour of operation, and such permit shall not be granted for a period oflonger than twelve (12) months. Source: Municipal Code Effective Date: 9-14-67 Subd . 27. Special Standards for Back Lots Created After January 1, 1994. Back lots as defined in this section which were created as part of a subdivision that received preliminary subdivision approval after January 1, 1994 are subject to the following special requirements in addition to the standards required in Section 11.31, Subdivision 5 of the Orono Subdivision Code: A. Dimensional standards for back lots shall be as follows: 1. Lot area shall be 150% of the zoning district requirement. ORONO-CC 259 (4-1-84) § 10.03 2. Lot width measured parallel to the front or street lot line at the street yard setback line of a lakeshore back lot, or at the front yard setback line of a nonlakeshore back lot, shall meet the zoning district width requirement. The street yard or front yard for any back lot will be a yard starting where the narrow access outlot corridor ends and the lot begins. Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakeshore setback line, and at the street yard setback line. 3. The depth of the required street yard or front yard shall be 150% of the zoning district front yard requirement. 4. The required side yard and rear yard depths for back lots shall be 15 0% of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. B. Dimensional standards for front lots. A front lot created as part of a front/back lot division shall meet all zoning district area, width and setback standards, except that the required side yard of the front lot adjacent to the access outlot shall be equivalent to the side street yard requirement for that zoning district. . C. Access requirements. 1. Access outlots shall be 30' minimum width, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighboring properties. 2. In approving front/back lot divisions, the City may require that both front lot and back lot share a driveway access within the access outlot if Council determines that creating an additional access to the existing street will be a potential safety hazard. 3. Driveways within a back lot shall be located at least 1 O' from the side or rear lot lines of adjacent lots. 4. No more than two residences may be served by a driveway located within an access outlot. 5. No access outlot may be platted abutting an adjacent access outlot except when the intent is to combine the two access outlots for creation of a public or private road meeting City standards. D. Screening requirements. 1. Driveways constructed in access outlots shall be adequately screened by fencing or vegetation at the discretion of the City, at all points to the rear of the required street yard of the front lot, so as to eliminate intrusion of vehicle headlights into the side or rear yard of adjacent lots. ORONO"CC 259-1 (12-13-93) § 10.03 2. The street yard of the back lot shall be adequately screened by fencing or vegetation at the discretion of the City, so as to eliminate intrusion of vehicle headlights into the side or rear yards of adjacent lots. E. Standards for accessory structures. Accessory structures shall adhere to all requirements of the zoning code, with the following additional requirements: 1. Accessory structures within a back lot shall be allowed no closer than 1 O' to a neighboring property's side or rear yard. 2. Accessory structures shall not be allowed within the required street yard of a back lot nor within the required rear yard of a front lot which abuts the street yard of a back lot. 3. No accessory structure shall be allowed within an access outlot. (Sections 10.04 and 10.05, inclusive, reserved for future expansion) ORONO CC 259-2 (12-13-93) ORDINANCE NO. 122 , SECOND SERIES AN ORDL."lANCE TO AMEND TEE 1\tIUNICIP AL ZONING CODE Ai.'ID SUBDIVISION CODE BY DEFINING STA.i.'IDARDS FOR THE CREATION AND USE OF LOTS WHICH DO NOT ABUT A PUBLIC OR PRIVATE ROAD Tiffi CITY COUNCIL OF ORONO ORDAINS AS FOLLOWS: SECTION 1. Municipal Zoning Code Section 10.02 and Municipal Subdivision Code Section 11.03, Subdivision 2 are each hereby amended by adding the following definitions: "Loe-Back" -A loc typically separated from a public or private road by another lot and which gains access co che public or private road via a narrow corridor. Such a separated ice is considered co be a "back lot" when che corridor is plarced as an oucloc. A separated loe is considered to be a "flag lot" when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the separated loc is considered to be an "easement back lot". "Loc-Fronc" -A lot abutting a public or private road, across which an outlet has been platted for access to a back loc. SECTION 2. Municipal Zoning Code Section 10.03 is amended by adding Subdivision 27 which shall read as follows: Subd. 27. Special Standards for Back Lots Created After January 1, 1994. Back lots as defined in this section which were created as part of a subdivision that received preliminary subdivision approval after January 1, 1994 are subject to the following special requirements in addition to che standards required in Section 11.31, Subdivision 5 of the Orono Subdivision Code: A. Dimensional standards for back lacs shall be as follows: 1. Loe area shall be 150% of che zoning district requiremenc. 2. Lot width measured parallel to the front or street lot line at che streec yard secback line of a lakeshore back loc, or ac the froric yard secback line of a nonlakeshore back loc, shall meec the zoning district width require::neo.c. The street yard or fronc yard for any back lot will be a yard scarting where the narrow access oucloc corridor ends and the lot be2ins. Lakeshore back lots shall meet the lot width standard at th~ shoreline, ac the lakeshore setback line, and at the streec yard setback line. 1 , l ( ,..., .:J. The depth of the required street yard or front yard shall be 150 % of th~ zoning district front yard requirement. 4. The required side yard and rear yard depths for back lots shall be 150% of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. B. Dimensional standards for front lacs. A front lot created ·as part of a franc/back lot division shall meet all zoning district area, width and setback standards, except that the required side yard of the front lot adjacent to the access outlot shall be equivalent to the side street yard requirement for that zoning district. · C. Access requirements. 1. Access outlets shall be 30' m..inirnum width, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighboring properties. 2. In approving front/back loc divisions, the-Cicy may require that both franc lot and back loc share a driveway access within the access ouclot if Council determines that creating an additional access to the existing street \vill be a potential safety hazard. 3. Driveways within a back loc shall be located at least 10' from the side or rear lot lines of adjacent lots. 4. No more than two residences may be served by a driveway located within an access outlet. 5. No access outlot may be platted abutting an adjacent access outlet except when the intent is to combine the two access outlets for creation of a public or private road meeting City standards. D. Screening requirements. 1. Driveways constructed in access outlets shall be adequately screened by fencing or vegetation at the discretion of the Cicy, at all points to the rear of the required street yard of the front lot, so as to eliminate intrusion of vehicle headlights into the side or rear yard of adjacent lots. 2 ( i ( ( 2. Toe street yard of the back lot shall be adequately screened by fencing or vegetation at the discretion of the City, so as to eliminate intrusion of vehicle headlights into the side or rear yards of adjacent lots. E. Standards for accessory structures. Accessory structures sh.all adhere to all requirements of the zoning code, with the following additio.o.al requirements: 1. Accessory structures within a back lot shall be allowed no closer than 10' to a neighboring property's side or rear yard. 2. Accessory scructures shall noc be allowed wichin the required street yard of a back lot nor within the required rear yard of a front lot which abuts the screec yard of a back lot. 3. No accessory structure shall be allowed wichin an access outlet. SECTION 3. Orono Municipal Code Section 11.31, Subdivision 5 is hereby deleted and the following language substituted in ics place: Subdivision 5. Double frontage lots, access to lots, and front/back lot_ divisions. A. Double frontage lots. Double frontage and reversed frontage lacs shaU be a voided except where necessary to provide separation of residential development from traffic arterials or co overcome specific disadvantages of topography and orientation. B. Access from any arterial roadway. Lots shall not, in general, derive access exclusively from an an:erial roadway. Where driveway access from any arterial roadway may be necessary for several adjoining lots, the Council may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such roadway. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles co back into traffic on any an:erial roadway. C. Fronc/back lot subdivisions. "Flag loi:s" and "easement back lots" as defined in this Chapter (see definition of "Loe-Back") shall noc be creaced. Fronc/back lot divisions shall be allowed only in conjunction with the creation of an outlet to provide access from the back lot to the public or private road. Such outlet shall not be allowed as creditable lot area for either the back or front lots. Franc/back lot subdivisions shall adhere to the following standards: 3 --· 1. Applicability. a. Front/back lot divisions may be used when e:dsti.no-. . ::, property dlll1ens1ons are narrow and deep, such that lot width does not allow for a side-by-side lot split, but acreage is adequate to provide a nfrom lot" and a back lot without requiring an area variance when the area of the outloc access corridor is excluded. b. Front/back lot divisions may be used for individual "lot splits", but may not be used when subdividing a large parcel into numerous lots if creation of a back lot is merely a convenience to the developer rather than supported by unique site factors. c. A franc/back lot division shall not be allowed when any existing residence on a neighboring properr/ abutting the proposed access ouclot is located nearer its affected side lot line than a distance equivalent · to the zoning district required front yard depth. 2. Dimensional standards for back lots shall be as follows: a. b. C. d. Lot area shall be 150% of the zoning disrric; requirement. Lot width measured parallel to the front or street lot line at the street yard setback: line of a lakeshore back lot, or at the rear of the front yard setback line of a nonlakeshore back lot, shall meet the zoning district width requirement. The street yard or from yard for any back lot will be a yard starting where the narrow access outlot corridor ends and the lot begins. La.keshore back lots shall meet the lot width standard at the shoreline, at the lakeshore setback line and at the street yard setback line. The depth of the required street yard or front yard shall be 150% of the zoning district front yard requirement. The required side yard and rear yard depths for back lots shall be 150 % of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. 4 ( I '-. 3. Dimensional standards for front lots. A front lot created as part of a front/back lot division shall meet all zoning district area, width and setback standards, except that the required side yard of the front lot adjacent to the access outlet shall be equivalent to the side street yard requirement for that zoning district. 4. Access requirements: a. Access outlets shall be 30' minimnm· width, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighboring properties. b. In approving front/back lot divisions, the City may require that both front lot and back lot share a driveway access within the access outloc if Council decermines that creating an additionai access to the existing srreec will be a pctencial safety h~d. c. Driveways wichin a back loc shall be located ac least 10' from the side or rear lot lines o(adjacenc lots. d. No more rhan two residences may be served by a driveway located within an access outloc. e. No access outlet may be platted abucring an adjacent ouclot except when the incent is to combine the two access ouclots for creation of a public or private road meec.i.ng City standards. 5. Screening requiremencs and accessory scructure standards. Front/back lot subdivisions shall be designed in a manner such that the screening requirements and accessory saucrure standards of Section 10.03, Subdivision 27 can be rnec. 6. The requirements and standards of this section shall apply only to those franc/back lot divisions which receive preliminary plat approval after January 1, 1994. SECTION 4. Adoption and publication. This ordinance shall be published in the Pioneer and the Laker newspapers and shall become effective immediately upon publication. 5 Adopted by" the Cicy Council of Orono, Minnesota on this December , 1993, by a vote of -4._ ayes and _a_ nays.· • 13 day of Published in the Laker/Pioneer newspapers the week of 12/27/93. 6 -. . - © n Bonestroo .::JIii Rosene ~ Anderlik& •\J• As~ociates Engineers & Architects [ St. Paul, Minnesota . 139_Ml-8.DWG tx() so' R.O.W. STANDARD DETAILS CUL-DE-SAC ORONO, MINNESOTA Last Revision: FEB. 2000 BRA Plate No. M-3 City Plate No. STR-8 30 C 15) ~~/~ 31 /9~ (16) ~ 32 I>-> c::i/S:01 29 ~ ~-~ ~~ ~~ 0 /~17) 6c9 \o/ I I \o h l<iC14 V2B ~ c::i/;,~c::i ( 13) ( 12) °' DJ~ ~ 1,,u'. tx 33 8) \o1 I 1 '\-lo 2 6 'J /;// ( 1 l)i-5 '.V /; I '\,'/,, 1/~v 2 'I,,. o>. n.... !-T:51", . _) Q ,v .. •'I. .4- /1 l:[9 r, ' -(10) 'J'0' . I •. .. •'.,! I.J_..J 3 & / '\, 2 4 '\ ·, .... A? ·-l"-/ .... So ( 9 ) 'J '\-· --------~ I R0. / S-o '\-·<&. "'"~ •• .• • ,::c<. 23 ~_) -~~' ~ . ..._ ..._, z___· 6'6 n..V " 0 ·-... '~ -~ ( 8 )'\-J ~:~ ' " ' I.) '0rp 2 2 '\ 0 0 ·,, ' '57 \, ( 7 ) ~ ~' i. / ,,. '57 \, ~ t;._ / \, \/// ./ ' / ' ' \ 36 N, t S -2-1--@D °13.0{:J ) / / ~ 21 §~ /, / ~ / ") "'\~b:SJ" ~ (6/ '\'\,'20 <%', ,(,,,1 •~ \ 5 ) C '---~~--.... <o ~-4:i_, ;f [V ~ /,(;, r--.__'-" J L-'z'z; 'y '\]~-~ \ \ '\ November 28, 2001 ORONO PLANNING DEPT. WILLIAM FRANKLIN 1730 New Brighton Blvd. Minneapolis, MN 55413 (612) 490-9004 phone Regarding the lots on Baldur Park Road. I will to grant the CITY OF ORONO a sewer easement along the farthest east side of lots 21,22,23,24,25,26,27,28 and 29. It is my understanding that this sewer line will be installed as fare as possible to the east of the existing road, outside and to the fare east oflots 25,26,27,28 and 29 with 3 stops. The first stop for lots 21 through 29. the second stop for lot for the existing house on lot 30 and the third stop for lots 30 through 33. It is my understand that this installation begin as soon as possible. ~illiay ~r_:inkl_in (pro~wner) /W~~~( received by 9aJ a}~ ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 8. #01-2714 Frederick Puzak, 1340 Baldur Park Road-Variances-Resolution No. 4720 Weinberger stated the Council had conceptually approved a proposal from Mr. Puzak at the last meeting. The current resolution approved variances for construction of a new residence, subject to connection of the new house to sanitary sewer. The adjacent property owner intends. on providing a sketch plan to re-plat the property adjacent to Mr. Puzak. Mr. Puzak stated that he had a couple of minor corrections regarding the ownership of the property. Weinberger stated there is a spouse, and staff has been directed that the spouse must also sign documents concerning the property. Barrett stated that in Minnesota the spouse is entitled to control over the property. Mr. Puzak stated his spouse was not an owner of the property, but that he could overlook it. He also stated that there was a typo in the minutes included in the packet on page 32, line 4 should read" ... hardcover or decrease lakeshore setback ... " Sansevere asked for the status of Mr. Franklin. Weinberger stated they do not have an easement from the property owner yet. They are waiting to see how their property line comes out on the proposed plat before they give the easement. The neighbor has stated he would allow the easement. \Vhite moved, and Nygard seconded, to adopt Resolution No. 4720 granting variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16(L)(l) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4 % ) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property. Vote: Ayes 4, Nays 0 . . *9 . #01-2716 Brenshell Development, 2200 Shadywood Road-Variances- Resolution No. 4721 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4721 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2, Section 10.56, • Subdivision 16(L)(2) and Section 10.25, Subdivision 6 (B) to permit the construction of a new single family residence on a lot of 0.5 acres area and 52' width where a 0.5 acre area and 100' width are normally required; and to allow 2,641 s.f. (27.8%) hardcover in the 75-250' setback area where 2,375 s.f. (25%) is allowed. Vote: Ayes 4, Nays 0. 6 HINSHAW & CULBERTSON BELLEVILLE, ILLINOIS CHAMPAIGN, ILLINOIS CHICAGO, ILLINOIS CRYSTAL LAKE, ILLINOIS JOLIET, ILLINOIS LISLE, ILLINOIS PEORIA, ILLINOIS ROCKFORD, ILLINOIS SPRINGFIELD, ILLINOIS WAUKEGAN, ILLINOIS Paul Weinberger Zoning Administrator/Planner City of Orono P.O. Box 66 Orono, MN 55323 -0066 PIPER JAFFRAY TOWER SUITE3100 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402 612.333.3434 TELEFAX: 612.334.8888 Todd W. Wilson Direct: 612.334.2692 TWilson@hinshawlaw.com November 12, 2001 Re: Franklin Utility Easement Our File No. 754868 Dear Paul: PHOENIX, ARIZONA SAN FRANCISCO, CALIFORNIA Ff. LAUDERDALE, FLORIDA JACKSONVILLE, FLORIDA MIAMI, FLORIDA TAMPA, FLORIDA SCHERERVILLE, INDIANA ST. LOUIS, MISSOURI APPLETON, WISCONSIN MILWAUKEE, WISCONSIN Enclosed please find the Certificates of Title on the William Franklin property. The Certificates of Title indicate that William J. M. Franklin is the fee owner of all the parcels that the City intends to obtain the utility easement on. The easement agreement should contain Mr. Franklin1s name exactly as it is indicated on the Certificates of Title. Please note that Mr. Franklin is married to Pauline Franklin and while she does not appear as a fee owner, I suggest the City obtain her signature as well. If you have any questions, please feel free to contact me. TWW/mah Enclosures Very truly yours, Todd W. Wilson A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS Certificate of Title Certificate Number: 639660 Transfer From Certificate Number: 513551 Originally registered the 28th day of October, 1952. State of Minnesota County of Hennepin This is to certify that } S.S. Book: 627 Page: 190970 REGISTRATION Dist. Court No.: 11204 William J.M. Franklin, 1000 West Broadway, City of Minneapolis, County of Hennepin, State of Minnesota is now the owner of an estate in fee simple ,to wit: '?::::~>;, , irie,-~t the Northeasterly corner of said MEMORIALS Document I Document Date of Registration Number Type Month Day, Year Time Amount($) Running in Favor of 1441651 Contract for Deed Sep 25,1981 04:00 PM ~-Odden & Company, Inc. 340 Baldur Park Rd Wavzata, Minn ---- 1441659 Assignment of Sep 25,1981 04:00 PM Northco Financial Corporation (a Minn corp) Contract of Deed 1219 Marquette Ave. Minneapolis, Minn lfrom A. Odden and Company, Inc. (a Minn corp) ~ssicms Document No. 1441658 1441661 Wa,ra,ty Deed Sep 25,1981 04:00 PM Northco Financial Corporation (a Minn corp) 1219 Marquette Ave. Minneapolis, Minn from A. Odden and Comoanv Inc. (a Minn coraj Page 1 of 3 Document Document Number Type 1441661 Mortgage 1448164 Extension of Contract for Deed 1448165 1 Assignment of Contract of Deed Date of Registration Month Day, Year Time Sep 25, 1981 04:00 PM Nov 17,1981 04:00 PM Nov 17,1981 04:00 PM 1448166 Quit Claim Deed Nov 17,1981 04:00 PM 1494791 Attorney's Lien 150171~ Notice of Lis Pendens 153751~ Notice of Lis , Pendens 153774~ Notice of I Cancellation of Contract for Deed 156683~ Assignment of Mortgage 1607648 Attorney's Lien 1614358 Order of Court 1745291 Mortgage 186754 Dec 23, 1982 05:00 PM Feb 17, 1983 11 :00 AM Sep 26, 1983 03:00 PM Sep 27,1983 04:00 F'.!VI\ '·· ,/";.)/ /·.,,:../ Amount($) 4,334.70 Running in Favor of P. Gary Petersen ~~61 Arcola Lane 1vvayzata, Minn Made b Northco Financial Cor oration a Minn cor iNorthco Financial Corporation (a Minn corp) 11219 Marquette Ave. Minneapolis, Minn. Re Document No. 1441658 !Tonka Lake Properties, a Minn general Partnership l c/o Oppenheimer, Wolff, Foster, Shepard and Donnelly 1700 First National Bank 1 Saint Paul, Minn. lfrom Northco Financial Corporation Assi ns Document No. 1441658 On int ofTonka Lake On int ofTonka 188488 Nov 02, 1987 02:00 PM<< ,:eh, . s9n::/ >-----__,,>--------+------------+-··_-<c..,,l~:t+·,,,,,. ·'J>Jtil. Franklin on above land exc. L 33 Dec 03,1990 01:00 PM '2a',._~q:0Q--,._·l,)lli??1iF:-\PJJce(as Trustee of a Gentle Dental Center, P.A. 214025 23246671 2420432 Mortgage Judgment Notice of Pendency & Power of Atty to Fclse Mt e Dec 11, 1992 11 :00 AM Sep 13, 1993 11 :00 AM Certificate Number: 639660.0 · -11 .L1,,I Em'pldye·es· Pension Plan Trust ]5705 Evergreen Ln. 150,000.00 !Plymouth, MN On Lots 27 28 & 29 James E. Ramette, Trustee The Public Leonard Street & Deinard Proffesional Association Re Document No. 2140254 Page 2 of 3 Document 1 Number Document Type Date of Registration Month Day, Year Time 2518341 Order of Court May 24, 1994 05:00 PM 2529611 Mortgage VEr<IFIED DATE AS OF: Certificate Number: 639660.0 Amount($) Running in Favor of Directing that the description of a non-exclusive easement for driveway purposes contained in Doc Nos. 1440851 & 1075018 is reformed to read las follows: A perpetual easement for driveway purposes over & across 1 those portions of Lots 20 through 29 incl, Block 1, "Baldur Park" ,embraced within a strip 12 feet in width, the centerline of sd strip is ',described as com at the most Wly cor of sd Lot 20: th on an assumed bearing of S 33 degrees 02 minutes E alg the SWly line of sd Lot 20 a I 1 dist of 23 feet to the point of beginning of the line to be described; th N 26 degrees 50 minutes E, 105 feet; th N 9 degrees 45 minutes W, 47 1Ifeet; th N 33 degrees 42 minutes W, 66 feet; th N 20 degrees 16 minutes W, 26.5 feet; th N 33 degrees 22 minutes W, 65 feet; th N 35 Idegrees 28 minutes W, 58 feet; th N 38 degrees 34 minutes W, 53 feet; 1 th N 50 degrees 53 minutes W, 81 feet; th N 57 degrees 16 minutes W 1 to the NWly line of sd Lot 29 & there terminating. The NEly & SWly 1 1ines of sd strip are prolonged or shortened to terminate on the SWly line .of sd Lot 20 & on the NWly line of sd Lot 29 & that the Reg of Titles, ! upon the filing with him of a certified copy of this Order, show by memorial upon Ctf of Title No. 639660 that the legal description of the driveway easement in Doc Nos. 1075018 & 1440581, has been ! reformed to read as described at Paragraph 1 of Order Doc No. 2518347 & that in future Ctfs of Title the Registrar shall omit the recital j"Subject to a non-exclusive easement for driveway purposes over pt of ,.,-"'1-iTfT~qqv~;l~I} ;;i_s shown in deed Doc No. 1075018" & add the following .,··<\"\_1 .. l.l--~.;-··1~e;c:1t /~HQ a non-exclusive easement for driveway purposes ove (,·< "..> t:l. it:}tJ1P~rt 6'ove,,l~fJ,c;I_ as contained in Document Nos. 1440581 and \ \ "'$ ltJ>z ,,,etQoc::ument No. 1614358) and reformed by Order ___ -oc ;& in future Ctfs omit this Order. 'oocr~oo1 , f'TtTJP,hEl, • ":f:n,c. 7 ~; ~·.:: St~P.iul 'l ,. . ~--------------__J ~oo l Page 3 of 3 ~,{ Ill} -A-0 J -s 77 YY Certificate of Title Certificate Number: 666870 Transfer From Certificate Number: 618218 Originally registered the 28th day of October, 1952. State of Minnesota County of Hennepin This is to certify that } S.S. Book: 627 Page: 190970 REGISTRATION Dist. Court No.: 11204 William Franklin, 721 12th Avenue Southeast, City of Minneapolis, County of Hennepin, State of Minnesota is now the owner of an estate in fee simple __ .,,.,---rl in the following described land situated in the County of He~-~~!\~~ianci\ Lots 31 and 32, Block 1, "Baldur Park". -·<'1 \"' ,,<\_.!'·· Suject to an easement for private sewer 5-y~t " egress to maintain and repair system a;,<' ' Subject to the interests shown by the following,,{~~· chapter 508, namely: ,:,~i' Document Number Document Type ' ,c<y Month Day, Year Time'·</>·, ",.;\>/ Running in Favor of Sep 17,1981 04:00 PM . ,:;~9:9oq.Q__ Gia _ ~-n )s,ol:i:,->:. Mortgage 144058 Mortgage Sep 17,1981 04:00 PM 148566l Mechanic's Lien Oct 18,198210:00AM 1487494 Assignment of Oct 29, 1982 01 :00 PM Mortgages 1494791 Attorney's Lien Dec 23, 1982 05:00 PM 1501716 Notice of Lis Feb 17,198311:00AM Pendens 2015169 Tax Certificate May 25, 1989 03:00 PM 2021122 Tax Certificate Jun 21,198911:00AM I I 232466 Judgment Dec 11, 1992 11 :00 AM 2529611 Mortgage Jun 30, 1994 10:00 AM 261267 State Deed Jun 02, 1995 01 :00 PM ···<LiJf{rl[~1l~~ldur"Park Rd. -··ltrJa-zata Minn. On Lot 31 20,000.00 ~Gladys L. Olson 340 Baldur Park Rd. 1 a zata Minn. On Lot 32 2,189.11 4,334.70 :Gene F. Ernst 'Date of Last Item Jul 18 1982 iJ.A. McCoy, Trustee 13712 Xerxes Ave. No. ! Minneapolis, Minn. ssi ns Document Nos. 1440583 & 1440584 Oppenhiemer, Wolff, Foster, Shepard & Donnelly Gladys L. Olson Ben·amin S. Hou e, All State of Minn On Lot 32 1 state of Minn. On Lot 31 150,000.00 James E. Ramette, Trustee 80,000.00 IIThe Check Cashing Place Inc. St Paul MN illiam Franklin 1000 W. Broadway Minneapolis, MN ~---~-----~---------~------~L~3~1~B~1-=B=a=ld=u,_r P'----a=r.cck __________ ~-~~~------- Page 1 of 2 Document Date of Registration Document I Number Type Month Day, Year Time 261267~ State Deed Jun 02, 1995 01 :00 PM I VERIFIED DATE AS OF: Certificate Number: 666870.0 Amount($) i I Running in Favor of rilliam Franklin 1000 W. Broadway Minneapolis, MN IL 32 B 1 Baldur Park IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 25th day of July, 1985. R. Dan Carlson Registrar of Titles, In and for the County of Hennepin and State of Minnesota. [) c-+. 1/ ( :J-.(')0 I B 1~ Page 2 of 2 HINSHAW & CULBERTSON BELL EV IL LE, ILLINOIS CHAMPAIGN, JLLIN OI S CHI CAGO, ILLINOI S C RYSTAL LAKE , ILLI NOIS JOLIET, ILLINOI S LISLE, JLLI NOI S PEO RIA, ILLINOIS ROCKFORD, ILLI NOIS SP RI NG FIEL D, ILLI NOI S WAUKEGAN, ILLINO !S Paul Weinberger Zoning Administrator/Planner City of Orono P.O. Box 66 Orono, MN 55323 -0066 PIPE R JAFFRAY T OWE R SUITE 3l00 222 SOUTH NINT H STREET MINNEAPOLI S, MINN ESOTA 55 402 6 12 .3 33 .3434 TEL EFAX: 6 12 .3 3 4.8888 Todd W. Wilson Direct: 6 12 .3 34 .2692 TWil son @ hin shawl aw .com November 2, 2001 Re : Franklin Utility Easement Our File No . 754868 Dear Paul: PHOEN IX, ARIZONA SAN FRANC ISCO, CALIFORN IA FT. LAUDERDALE, FLORIDA JAC KSONVILL E, FLORIDA MIAM I, FLORIDA ..) TAMPA, FLORIDA SCHERERVILL E, I NDIANA ! I [ l / lJ _ 1 , u( ·] ST. LOUIS, MISSOURI l l APPLETON, WI SCONSIN MILWAUKEE, WI SCONSIN ltY Lil· ,, l'. J I have reviewed your questions raised in our telephone conference of November 1, 2001 . I am writing to confirm that we will order an Owners and Encumbrance Report from Old Republic on the parcels as indicated on Exhibit A attached hereto . I also reviewed the question concerning mortgagee consent to the easement. As you know, mortg agee consent is only necessary for preserving the easement rights in case of a foreclosure . Rolfe has indicted that it would be cheaper for the City to obtain property rights through a condemnation action than it would be to achieve mortgagee consent on all the affected parcels . TWW/mah Enclosures Very truly yours, Todd W . Wilson A PARTNERSH IP INCLUD ING PROFESSIONAL CORPORAT IONS 08-117-23 31 0006 08-117-23 31 0007 08-117-23 31 0008 08-117-23 31 0009 08-117-23 31 0010 08-117-23 31 0011 08-117-23 31 0012 08-117-23 31 0013 08-117-23 31 0014 08-117-23 31 0016 08-117-23-310017 08-117-23 31 0018 EXHIBIT A Lot 21, Block 1, Baldur Park Lot 22, Block 1, Baldur Park Lot 23, Block l, Baldur Park Lot 24, Block 1, Baldur Park Lot 25, Block I, Baldur Park Lot 26, Block I, Baldur Park Lot 27, Block 1, Baldur Park Lot 28, Block 1, .Baldur Park Lot 29, Block 1, Baldur Park Lot 31, Block l , Baldur Park Lot 32, Block 1, Baldur Park Lot 33, Block 1, Baldur Park I; Paul Weinberger -Franklin Utility Easement Update From: To: Date: Subject: Greg, Paul Weinberger Greg Gappa 10/31/0111:11AM Franklin Utility Easement Update I talked to Danial Brewer (Advance Architects), who is representing Bill Franklin. He stated they are completing a wetland delineation this week and will have Gronberg draw a proposed site plan for 2-3 lots. One option may have them relocating the existing driveway to allow the building sites to be located where the driveway currently exists. That would take Puzak's cooperation since he has an easement over Franklin's property. They will have a proposed site plan sometime next week. Paul Page 1 I CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 249-4600 TO: Frederick Puzak 1340 Baldur Park Road Wayzata, MN 55391 TYPE OF APPLICATION: Variances APPLICATION NO. 01-2714 NOTICE OF COUNCIL ACTION Date of Notice: October 23, 2001 --------------------------------------------------------·-------------------------------------------------------------- DATE OF MEETING: October 22, 2001 VOTE: 4FOR 0 AGAINST COUNCIL ACTION -MOTION: To conceptually approve the development plans. The approval was subject to the following conditions: 1. The existing non-compliant septic system is required to be abandoned per state and local requirements and a new residence shall be connected to sanitary sewer. If it is determined connection to sanitary sewer is not possible additional review of the variances by the Council is required. 2. Any amendments to the individual site and building plans shall require Building and Zoning Department Staff approval. Staff findings shall be made that the final site and building plans are consistent with the approved plans. The Building and Zoning Staff shall refer any plans to the City Council that are found to not be consistent with the variance approvals. A draft resolution approving variances will be mailed to you prior to the Council meeting. Your next scheduled meeting with the City Council is scheduled for Tuesday, November 13, 2001 beginning at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. Application Date: 8/22/01 Application Deadline: 12/20/01 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Paul Weinberger Title Zoning Administrator Item Description: #01-2714 Frederick Puzak 1340 Baldur Park Road Variances DATE: October 25, 2001 ITEM NO.: Agenda Section: Zoning Zoning District: LR-1 C, ½ acre, One Family Lakeshore Residential List of Exhibits A Resolution B Site Plan C Notice of Council Action D Council Report ( October 17, 2001) E Draft City Council Minutes (October 22, 2001) Application Review Council voted 3 to 1 to direct staff to draft findings made by the Council to approve variances for construction of the new residence on the property. Please review attached Council Repo1i of October 17, 2001 for background on variances requested. Approval was subject to the requirement the new house be connected to sanitary sewer service. The adjacent property owner was present at the October 22, 2001 Council meeting and verbally agreed to grant the public an easement for utility purposes to the new house. Attached is a resolution approving variances subject to the conditions the Council had placed on the approval of the application. Those conditions are as follows: 1. The existing non-compliant septic system is required to be abandoned per state and local requirements and a new residence shall be connected to sanitaiy sewer. If it is determined connection to sanitary sewer is not possible additional review of the variances by the Council is required. 2. Any amendments to the individual site and building plans shall require Building and Zoning Depaiiment Staff approval. Staff findings shall be made that the final site and building plans are consistent with the approved plans. The Building and Zoning Staff shall refer any plans to the City Council that are found to not be consistent with the variance approvals. #01-2714 Frederick Puzak 1340 Baldur Park Road Pa e 2 of2 Planning Commission Recommendation The Planning Commission reviewed the application on September 17, 2001 and had recommended approval by a vote of 7 to 0 for variances subject to the condition that the prope1iy owner verify either conforming septic sites be identified on the property or connection to sewer be completed. Staff Recommendation Staff recommends the Council adopt the attached resolution approving variances, which requires connection to municipal sewer based on the adjacent prope1iy owners commitment to provide an easement and share in costs to install the sewer service. COUNCIL ACTION REQUESTED Motion to adopt the resolution approving variances to permit construction of a new residence on the prope1iy. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISIONS 16 AND (L) 1 AND 2; AND SECTION 10.55, SUBDIVISION 8 FILE NO. #01-2714 WHEREAS, Frederick Puzak and Julie Thometz (hereinafter "the applicants") are owners of the prope1iy located at 1340 Baldur Park Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 30, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter 11 prope1iy 11 ); 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 September 17, 2001 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #01-2714. 2. The property is located in the LR-IC One Family Lakeshore Residential Zoning District where 0.5 acre is the minimum lot area requirement. The property has a lot area of 0.5 acre. Page 1 of 9 3. The Orono Planning Commission reviewed this application on September 17, 2001 and recommended approval on a vote of 7 to O to approve variances as requested based on the following findings: A. Property owners propose to remove the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the peninsula most of the lot area (79% of the lot) is located within 75' of the lakeshore. B. Only a small portion of the property is located outside of the 75' setback. Due to setback requirements, most of the 75' -250' setback area is not buildable due to street setback and side setback requirements. C. The property is located in the MUSA area. D. The applicant's house is the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road. The existing residence is not connected to sewer because an easement for utility or sewer purposes would be required across the adjacent properties to Baldur Park Road. The property has an easement for driveway purposes only. E. The Council approved a preliminary plat subdivision approval in 1982 for two lots between the subject property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982, the City can assume there is a possibility that there are two building sites south of the property. Based on this assumption, a total of 3 lots will ultimately require sewer connection. F. The property also has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3' above the seasonal water table. The system is not compliant with all regulations because the entire drainfield site is located within 75' of the lakeshore. Occupancy of a new house requires the septic to be replaced. Page 2 of9 G. The proposed structure does not exceed 15% of the lot area. 4. The property is located within the Metropolitan Council defined Metropolitan Urban Services Area (MUSA). Only properties within the MUSA are permitted to have sewer connection. 5. The Baldur Park peninsula was part of the 1965 LS #1 sewer project. The house is located on Lot 30, Baldur Park about 500' to the existing municipal sewer line in the Baldur Park Road right of way. Completing the connection to the municipal sewer line requires a public utility easement over the adjacent properties to the east. 6. All of Lots 21 through 33, Baldur Park were in common ownership at the time sewer was installed in Baldur Park Road. The house located on Lot 30 was required to connect to sewer following final installation of the sewer. 7. In 1974 Lots 21 through 29 and Lot 33 were sold separately from Lots 30 and 31. Lot 31 was later sold separately. Before Lot 31 was sold separately an easement was granted in benefit of Lot 30 for a private sewage disposal system. 8. The existing private sewage disposal system located on Lot 31 for the house on Lot 30 is non-compliant due to the system being located within 75' of the lakeshore of Lake Minnetonka. 9. The properties east (Lots 21 through 2 9 and 31 through 3 3) are under common ownership, although separate ownership from Lot 30. At the October 8, 2001 City Council meeting the property owner of Lots 21 through 29 and 31 through 33 has offered to grant a public utility easement to allow connection for Lot 30 to municipal sewer, and a willingness to share in the expense for sewer construction. 10. The City of Orono has adopted a sewer policy as part of the 2000-2020 Comprehensive Plan. The sewer policy states the following as it relates to areas in Orono that are within the MUSA: A. The primary method of sewage treatment and disposal within the Urban Area will be municipal sewer. Page 3 of 9 B. Orono will provide municipal sewer to lakeshore areas and non-lakeshore areas within the MUSA when it is determined that municipal sewer is preferable to long-term use of on-site sewage treatment areas. C. All sewer-serviced properties must be connected. Consistent with the regulations of the Minnesota Health Department and the MCES, every building intended for human habitation, occupancy or use shall be provided with suitable sanitary facilities and shall be connected to the municipal sewer system whenever a sewer lateral serves the property or is within a reasonable distance of the property. 11. Municipal Code Section 12.30 regulates individual sewage treatment systems for the City of Orono. This section requires that building permit applications for new residences require Code Systems. The existing system is not a Code System because it is located within 75' of the OHWL of Lake Minnetonka. 12. It is the position of the City of Orono that a new residence should connect to municipal sewer service following extension of the sewer line from Baldur Park Road. The existing house was required to connect to municipal sewer following the 1965 LS 1 project and did not. 13. The property is located within the MUSA and in the Shoreland Overlay District. In the Comprehensive Sewer Policy Plan (CMP Part 4 (C)) a principal goal of Orono's planning program is the protection of natural resources and environmental amenities, particularly the water quality of Lake Minnetonka. The major pollutants affecting Lake Minnetonka are contained in sewage effluent and stormwater runoff. Orono's sewage treatment policies are directed at minimizing or eliminating pollutant sources. 14. The Council finds that connection to municipal sewer is the only viable long term solution to protecting the water quality of Lake Minnetonka. A private sewage treatment system, on the point of the Baldur Park peninsula would have lakeshore on three sides of the system. Page 4 of 9 15. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the· spirit and intent of the Zoning Code and Comprehensive Plan of the City. 16. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the prope1iy subject to the following conditions: 1. The existing non-compliant septic system is required to be abandoned per state and local requirements and a new residence shall be connected to sanitary sewer. If it is determined connection to sanitary sewer is not possible additional review of the variances by the Council is required. Page 5 of 9 2. Any amendments to the individual site and building plans shall require Building and Zoning Department Staff approval. Staff findings shall be made that the final site and building plans are consistent with the approved plans. The Building and Zoning Staff shall refer any plans to the City Council that are found to not be consistent with the variance approvals. 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 13, 2002). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 6 of9 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13 th day of November, 2001. 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 13th day of November, 2001 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 November, 2001 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. Notary Public Page 7 of 9 STATE OF MINNESOTA COUNTY OF HENNEPIN 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 of ___________ _ --------, 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 of ___________ _ ________ , 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 8 of 9 CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30, BLOCK 1, BALDUR PARK HENNEPIN COUNTY, MINNESOTA ff-OfoGeD·· HQI-AE t><H l 61 r LAKE MINNETONKA ' LoT Ltf..lE LEGAL DESCRIPTION OF PREMISES : I Lot 30, Block 1, Boldur Pork. togelher with on eosemenl for private sewer system purposes over Lot 31, Block 1, "Boldur Pork", as contained in Doc. No. 1440581. Files or Registrar of Titles, Hennepin County. Minnesota. o : denotes iron marker (970.1): d~notes existing spot elevation. mean sea level datum f-1=1/\~E.D o:::.T ? · '2.col This contour information is co, ---964 ---: denotes existing contour line, mean · sea level datum. NOTE Bearings shown ore based upon on assumed datum. l<lk.ftll_fCQfil..9_\/! survey doted 11-9-81. _________________ .. This survey intends to show \he boundaries of the above described property. the location of on existing house, and the location of on visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. Page 9 of 9 •;r-" F CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 249-4600 APPLICATION NO. 01-2714 NOTICE OF COUNCIL ACTION Date of Notice: October 23, 2001 ----------------------------------------------------------------------------------------------------------------------- TO: Frederick Puzak 1340 Baldur Park Road Wayzata, MN 55391 TYPE OF APPLICATION: Variances ---------------------------------------------------------·-------------------------------------------------------------- DATE OF MEETING: October 22, 2001 VOTE: 4FOR 0 AGAINST COUNCIL ACTION -MOTION: To conceptually approve the development plans. The approval was subject to the following conditions: 1. The existing non-compliant septic system is required to be abandoned per state and local requirements and a new residence shall be connected to sanitary sewer. If it is determined connection to sanitary sewer is not possible additional review of the variances by the Council is required. 2. Any amendments to the individual site and building plans shall require Building and Zoning Department Staff approval. Staff findings shall be made that the final site and building plans are consistent with the approved plans. The Building and Zoning Staff shall refer any plans to the City Council that are found to not be consistent with the variance approvals. A draft resolution approving variances will be mailed to you prior to the Council meeting. Your next scheduled meeting with the City Council is scheduled for Tuesday, November 13, 2001 beginning at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. Application Date: 8/22/01 Application Deadline: 12/20/01 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Paul Weinberger Title Zoning Administrator Item Description: #01-2714 Frederick Puzak 1340 Baldur Park Road Variances DATE: October 17, 2001 ITEM NO.: / 0 Agenda Section: Zoning Zoning District: LR-IC,½ acre, One Family Lakeshore Residential List of Exhibits A Resolution B Site Plan C Memo -Septic Review (October 17, 2001) D Planning Report (August 13, 2001) Revie,v of Request The applicant is requesting variances to permit new construction on the property. Proposed is to tear down the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the Baldur Park peninsula most of the lot area (79% of the lot) is located within 75' of the lakeshore. The proposed building plan requires variances for the following: 1. Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) -No hardcover or impervious surface shall be placed, located or constructed within 75 feet of the Ordinary High fVater Level of any lake 0-75' Lot Area= 17 ,021 s.f. Existing Hardcover= 2,113 s.f. (12.4%) Proposed Hardcover= 1,675 s.f. (9 .8%) 2 . Section I 0.22, Subdivision 2 and Section I 0.56, Subdivision 16 (L) (2)-Hardcover shall not exceed 25% in the 75-250' setback. 75-250' Lot Area= 4,538 s .f. Existing Hardcover= 3,219 s.f. (70.9%) Proposed Hardcover= 2,885 s.f. (63.6%) 3. Section 10.55, Subdivision 8 -To permit new structure within 75' of the lakeshore . The proposed house would be located 48' from the lakeshore, within the 75' required setback. The existing residence is approximately 4 7' from the lake at its closest point. #01-2714 Frederick Puzak October 17, 2001 Pa e 2 of 2 4. Section 10.25, Subdivision 6 -Minimum lot area required= 0.5 acre. The lot is 0.495 acre. Planning Commission Recommendation The Planning Commission recommended approval by a vote of 7 to O for variances subject to the condition that the property owner verify either conforming septic sites be identified on the property or connection to sewer be completed. Please review the attached Planning Report for background information on sewer and septic issues on the property. The property owner hired Robert Koch, of Koch's Soil Testing -Loretto, MN, to complete soil testing and design for a septic system. The tests and design work show that the property can support a maximum three bedroom system. The proposed house was proposed to be a five bedroom home. Matt Bolterman, On-Site Systems Manager, has approved·the design, but for a house with three bedrooms or less. Mr. Bolterman's memo is attached. State Code requires that the number of bedrooms in a single family residence be used to determine the required system capacity. Staff Recommendation To approve the variance application subject to the property owner submitting final architectural plans converting two of the five proposed bedrooms into another use. The existing non-compliant septic system would be required to be abandoned per state and local requirements and the new three bedroom system installed prior to occupancy of the new house. Any change to the layout of the house or exterior plan would require a new variance application. COUNCIL ACTION REQUESTED Motion to adopt the resolution approving variances to permit construction of a new residence on the property. {!LD \1!::R5\C~ NeT f\1>:P~o\lED A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISIONS 16 AND (L) 1 AND 2; AND SECTION 10.55, SUBDIVISION 8 FILE NO. #01-2714 WHEREAS, Frederick Puzak and Julie Thometz (hereinafter "the applicants") are owners of the property located at 1340 Baldur Park Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 30, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "property"); 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 September 17, 2001 at which times all persons desiring to be heard concerning this application were given the opportunity to speak · thereon; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10 .56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63 .6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #01-2714. 2. The property is located in the LR-IC One Family Lakeshore Residential Zoning District where 0.5 acre is the minimum lot area requirement. The property has a lot area of 0.5 acre. Page 1 of 7 3. The Orono Planning Commission reviewed this application on September 17, 2001 and recommended approval on a vote of 7 to O to approve variances as requested based on the following findings: A. Property owners propose to remove the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the peninsula most of the lot area (79% of the lot) is located within 75' of the lakeshore. B. Only a small portion of the property is located outside of the 75' setback. Due to setback requirements, most of the 75' -250' setback area is not buildable due to street setback and side setback requirements. C. The property is located in the MUSA area. D. The applicant's house is the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road. The existing residence is not connected to sewer because an easement for utility or sewer purposes would be required across the adjacent properties to Baldur Park Road. The property has an easement for driveway purposes only. E. The Council approved a preliminary plat subdivision approval in 1982 for two lots between the subject property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982 the City can assume there is a possibility that there are two buildings sites south of the property. Based on this assumption, a total · of 3 lots will ultimately require sewer connection. F. The property also has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3' above the seasonal water table. The system is not compliant with all regulations because the entire drainfield site is located within 75' of the lakeshore. Occupancy of a new house requires the septic to be replaced. Page 2 of7 G. The proposed structure does not exceed 15% of the lot area. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent 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 City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property subject to the following conditions: 1. Property owner shall submit final architectural plans converting two of the five proposed bedrooms into another use due to the maximum capacity system is for a three bedroom residence. The residence shall remain as a 3-bedroom home until such future date that it is connected to municipal sewer. 2. The existing non-compliant septic system is required to be abandoned per state and local requirements and the new three bedroom system installed prior to occupancy of the new house. Page 3 of7 3. Any amendments to the approved site plan "Attached Exhibit A" shall require a new variance application. 4. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 22, 2002). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees 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 22nd day of October, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owners Page 4 of 7 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22 nd day of October, 2001 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. 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 5 of7 STATE OF MINNESOTA COUNTY OF HENNEPIN 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 6 of 7 ·, ""''" CERTIFICATE FRED OF SURVEY FOR PUZAK OF LOT 30,-BLOCK 1, BALDUR PARK HENNEPIN COUNTY, MINNESOTA fr-CfoGE.D .. HOME. LAKE MINNETONKA ' ' ...... LEGAL DESCRIPTION OF PREMISES : \ Lot 30, Block 1, Boldur Perk, together with an easement for private sewer system purposes over Lot J 1, Block 1, "8aldur Park", os contained in Doc. No. 1440581, Files of Registrar of Titles, Hennepin County, Minnesota. o : denotes iron marker (970.1): denotes existing spot devotion, meon sea level datum .'... __ 964-__ ; denotes existing contour line, mecn sea le-,el dah,m. NOTE This contour informot,on is Exhibit A Bearings shown are based upon on assumed datum. token from o~r survey doted 11-9-S I. This survey intends to show the bounao-ies of the above described property, the location of an existing house, and the location of oa visible "hardcover" thereon. It does not purport to show -·· _,._ __ '--·-·-----·--· ' .. RS ~ I l-0:llrT c:orr,'Y n-t.t.T 1MS ,t,J,H. $'1:C,C,A."T'DI., O't ~r WJ.$~~9T~OtltlJICltRlttftff:CTSU'tlh1Sl()it ~ TMT I AW A c:u.v·u:::£N$:£0 ,ctU'(S$J0Llf""-~R ,a.~ 1......-.C SJM:TOlt \.l(.'p nc un ~ nc ff..t.TI c, ...a::sor• Page 7 of 7 1--~!::!C...<f..,__~~,===:!;L---:::-::--~ <l.Z[S- S<:A~£ 1"•20' OA,E 12-29-119 JCS NO. ~ CITY of ORONO TO: Paul Weinberger Street Address: 2750 Kelley Parkway Orono, MN 55356 FROM: Matt Bolterman, On-Site Systems Manager DATE: October 17, 2001 SUBJECT: Septic Review for 1340 Baldur Park Rd (Puzak) Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The proposed tear down and rebuild of 1340 Baldur Park Rd must have approved septic sites that meet all Orono and State septic requirements. Soil tests and design work show that a three bedroom primary and alternate septic site can be located on the property. The sites are on an easement on the neighboring lot to the SW of the proposed house. The primary site will be an in-ground seepage bed and the replacement site is an in-ground trench system. There is a well that must be moved when the replacement site is used to meet the 50 foot setback. The existing septic system shall be pumped and backfilled when the existing house is demolished. Based on the above information, staff recommends approval of a new three bedroom house in regards to septic. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Date of Complete Application: 60 Day Deadline: 8/22/01 10/21/01 TO: Chair H:iwn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Administrator/Planner DATE: SUBJECT: August 13, 2001 #01-2714 Frederick Puzak 1340 Baldur Park Road Variances -Public Hearing Zoning District: LR-1 C One Family Lakeshore Residential District List of Exhibits A Application B Application Letter (8/22/01) C Sewer Map D Floor Plans E Elevation Views F Proposed Site Plan including Septic Sites G Existing Survey H 0-75' Hardcover-Proposed I 75-250' Hardcover -Proposed J 0-7 5' Hardcover -Existing K 75-250' Hardcover -Existing L Plat Map M Property Owners Notification List Application Review The applicant is requesting variances to permit new construction on the property. Proposed is to tear down the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the peninsula most of the lot area (79% of the lot) is located within 75' of the lakeshore. The proposed building plan requires variances for the following: 1. Section l 0.22, Subdivision l and Section l 0.56, Subdivision 16 (L) (1) -No hardcover or impervious surface shall be placed, located or constructed within 75 feet of the Ordinary High Water Level of any lake 0-75' Lot Area= 17,021 s.f. Existing Hardcover= 2,113 s.f. (12.4%) - Proposed Hardcover= 1,675 s.f. (9.8%) #01-2714 Frederick Puzak 1340 Baldur Park Road 9/17/01 Page I of 5 Including Non-conforming rock and plastic 1,638 s.f. (9.6%) excluding rock and plastic 13 D 2. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) -Hardcover shall not exceed 25% in the 75-250' setback. 75-250' Lot Area= 4,538 s.f. Existing Hardcover= 3,219 s.f. (70.9%) -Including rock and plastic 3,206 s.f. (70.6%) Excluding rock and plastic Proposed Hardcover= 2,885 s.f. (63.6%) 3. Section 10.55, Subdivision 8 -No hardcover or structures are permitted within 75' of the lakeshore. The proposed house would be located 48' from the lakeshore, within the 75' required setback. Sewer/Septic Issues The property is located in the MUSA area. The applicant's house is the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road. The Council approved a preliminary plat subdivision approval in 1982 for two lots between Mr. Puzak's property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982 the City can assume there is a possibility that there are two buildings sites south of the Puzak property. Based on this assumption, a total of 3 lots will ultimately require sewer connection. Mr. Puzak' s residence is not connected to sewer because he does not have an easement for utility or sewer purposes, out to Baldur Park Road. He has an easement for driveway purposes only. Mr. Puzak' s property also has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3' above the seasonal water table. The system is not compliant with all regulations because the entire drainfield site is located within 75' of the lakeshore. In order for the City of Orono to permit construction of a new home on this site, it must comply with one of the following: 1. The new house must be connected to sanitary sewer service; The City Council reviewed a request by lvfr. Puzakfor sewer connection in 1999. The City determined they would study the extension of sewer service to the applicant's property. The City would have had to proceed with a condemnation process to acquire a public easement that would allow the extension of municipal sewer to the applicant's property. The 1999 estimate for the cost of the sewer extension was around $60,000 to be assessed to the benefiting property owners. A,Jr. Puzak had inquired about using the easement to construct a private sewer connection for his house. The City took the position that they would not proceed with the condemnation unless it was for an extension to the public sewer to serve his residence as well as the adjacent properties. A City can not condemn easements without a public pwpose. The City had concluded an easement for private service was not the best alternative in this case and did not proceed with the condemnation. OR #01-271.f Frederick Puzak 1340 Baldur Park Road 9/17/0 I Page 2 of 5 2. The new house must be connected to a conforming septic system meeting all the Local and State standards. The existing system is located within 75' of the lakeshore. A new house could not be connected to the existing system and is therefore not conforming. TJ1e property owner must provide designs for two conforming septic systems on the individual lot on which the house is being constructed (This lot would include the area where the eu, ~•ment exists for septic construction). The survey submitted shows one drainfield site but no design work has been completed It is not known if the property would have two conforming sites available, but it appears unlikely. The only way to determine if the property has two sites is for the applicant to have testing and design for nvo sites completed by a licensed evaluator. Mr. Puzak has tried unsuccessfully to acquire an easement for municipal sewer connection purposes from the adjacent property owner. Zoning Review and Hardcover Setbacks Front Side Lakeshore Required 30' 10' 75' Proposed 30' 10' 48' * Requires variance The existing house is located 2.4 feet from the side property line. The new house would be located to meet the minimum side setback requirement of 10'. The primary issue is how much hardcover is proposed and where new structure is located. The proposed house is 3,230 s.f. which is exactly 15% lot coverage by structure. In his hardship statement Mr. Puzak has stated his desire to design a home that meets the 15% allowed lot coverage. The size of the house combined with the very limited land area within the 75-250' lakeshore setback results in the request for hardcover variances. ANALYSIS WORKSHEET Lot Area: LR-IC Required Actual #01-2714 Frederick Puzak 1340 Baldur Park Road 9/17/01 Page3 of5 Lot Area 1/2 acre 21,559 s.f. (0.49 acre) Structural Coverage: Total Lot Size Total Structural Coverage 21,559 s.f. Allowed: 3,234 s.f. (15%) Existing: 2,221 s.f. (10.3%) Proposed: 3,230 s.f. (15%) Hardcover Calculation: Distance from Total area Allowed Existing Proposed shoreline in setback hardcover hardcover hardcover 0-75' 17,021 s.f. 0 s.f. (0%) 1,638 s.f. 1,675 s.f. (9.6%) (9.8%) 75-250' 4,538 s.f. 1,134 s.f. (25%) 3,206 s.f. 2,885 s.f. (70.6%) (63.5%) 21,559 s.f. 4,844 s.f. 4,560 s.f. The total hardcover is in fact being reduced on the property. Much of the reduction is driveway, landscape plastic and ground level patios. The total hardcover that is devoted to structure would increase from 620 s.f. of existing house/garage in the 0-75' setback to 1,125 s.f. an increase of 505 s.f. The total hardcover devoted to structure in the 75-250' setback would increase from 1,601 s.f. to 2,105 s.f. an increase of 504 s.f. The total structural increase on the property is 1,009 s.f. Options for Planning Commission Action 1. Recommend approval of the variances. A recommendation of approval of the zoning variances, subject to: A. Septic Testing determining two conforming sites are located on the property, or within the easement prior to issuance of a building permit. B. . or, sewer extension acceptable to the City is provided to the property and a utility easement is granted to the public to allow the sewer extension to be complete. C. No building permit will be issued for the new house until the sewer/septic is approved and installed per the requirements of the City. D. A final grading plan must be provided with the final plan set and must be approved by the City Engineer prior to Council review. #01-2714 Frederick Puzak 1340 Baldur Park Road 9/17/0 I Page 4 of5 2. Recommend denial. A. Based on no conforming septic system is located on the property and no testing information has been received by the City. B. No new house can be constructed unless the house is connected to sanitary sewer or two conforming drainfield sites and complete system designs have been provided for installation. Septic design requirements include full design for a 5 bedroom house. The Planning Commission and Council can not grant variances to septic standards. C. Other findings related to the zoning variances on the site plan. 3. Table. A. Require additional information regarding the status of the property in relation to sewage disposal, whether sewer or septic. B. Applicant should agree to waive the 60 day application deadline and sign a letter confirming the application deadline has been officially waived. 4. Other action. Staff Recommendation Staff would recommend Alternative 3 to table the application and require the property o,,ner and City work towards completing the sanitary sewer extension to the property and complete review of the application following resolution of the sewer extension. #01-2714 Frederick Puzak 1340 Baldur Park Road 9/17/01 Page 5 of5 CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-confoqning structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORJ."1ATION Application# 0 ( -;)114 Date Received gf:?-alo I Amount Paid i·::x:'o . c < Site Address f~D 13AL:DVR. f¼-'R\< @A--17 Property Identification Number (P.I.D.) 08-H7--Z.3 -~l Dul?' Attach legal description to applicavon if not included on required survey. Date P~ Acquired 6L'f-4 (month/year) I (do)~) also O\.vn the adjacent parcels of land. Present use of property: Lresidential __ other (specify) _________ _ Zoning District: t-R. --I L-· Phone (home) '152 41 i-'1-Z-Z.'t' Phone (work) bl"Z?-itJ-&,{q I City: ~kK) Zip: S:~<? I O\VNER (if different than applicant) Phone (home) _______ _ Name ~E° Phone (work) _______ _ Address: -------------City: Zip: ------------ DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost$ dPL>,cco 4<2-c:_ J!\'Mc·"'-a--\ s~\::: (attach additional sheets if necessary) V ARIA:t'.CES REQUIRED Lot Area Setback: Front Lot \Vidth Side ¼ Hardcover Rear __ Lot Coverage '¼_ Average Lakeshore __ Other (specify) _______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual proP.erty c1nditiops preventing compliance with Zoning Code requirements: ':$ec ~'"t"\ tc:Ma.. ~\\.!.c.+ (attach additional sheets if necessary) ~-_.::-:_. 7 :-.r ~: ,, •• _J ~ ,7 c;.l t I I·.: JL _f;-:1 . ~ .1 .• / .:i ~£ 6 REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (I) copy 8½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one ( 1) copy 8 ½" x 11 "). 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 O\vner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property O\vner must:-sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature ~7 .L Date -'8=-;/,_·l_:t.➔/_o_l ___ _ O\VNER'S SIGNATURE f"F-S'VQR\t.\<_ \---J ,r=''-.JL..A~, ~.::...~t~cf) The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Q\vner's Signature q~ ~---Date ~tzc/o( Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. :... -~'_;-•; J / '1 ••-.~ • I ,: ! u : ; .. ;_.l! ~~ ·,/ ~-~--. r--:l _ _; l" .. 7 CITY OF ORONO-VARIANCE APPLICATION 1340 Baldur Park Rd., Orono, l\l1N 55391 ~/t/t./01 DESCRIPTION OF REQUEST Describe request_ in detail: Applicant respectfully requests lakeshore setback and hardcover variances required to replace a nonconforming two-family residence with a conforming single-family residence on a½ acre lot (21,559 sq. ft.) zoned LR-IC. The new construction will reduce ~ver in the 0-75' zone by-418 sq. ft. and will reduce hardcover in the 75 -250' (" zone by~sq. ft. The new home will be no closer to the lake than the existing 4f '2 rt structure, which is 48' back from elevation 929.4. The proposed structure meets side- yard setback, front-yard setback and 15% maximum structural coverage requirements, while curing an existing lot line/side-yard encroachment. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zo~g Code requirements: A hardship exists in the fact that 79% of the lot area (17,021 sq. ft.) falls within the O - 75' lakeshore setback zone, leaving only a long and very narrow building envelope of26' tapering to 12' in width. The applicant's architect has worked with diligence and sensitivity to the site to provide a responsible solution to satisfy very challenging zoning requirements. The plan preserves existing trees and topography, while substantially reducing hardcover. ADDITIONAL INFORMATION APPLICANT THINKS APPROPRIATE On several occasions, applicant has met with city staff for guidance in approaching this hardship; staff's courteous and professional advice has been greatly appreciated. At staffs direction, the proposed structure has been located to eliminate the side-yard encroachment, and the originally proposed garage was rotated 90 degrees to eliminate need for a front-yard setback variance and to help reduce access hardcover in the O -75' zone. Staff's suggestion that hardcover be reduced has been accomplished. B --1I r;.. -r---t---cr ~ -{ -( ,. iJ t,J ~ C) - iJ "' ,J J) ~ \7 'E 'b, f C ~ -0 >T 3: -;; :'.:) ~ :> v-> C: l'I ~ "' )': r-r--I C. . C> ~ " r;. r) VI ';?:: I) -Jo ~ . lJJ .· .. ✓,, . ·' / I I I I I . ' t / ,. -----~---.. I • I ....... , ,----r--..i--·, r • ··~ ''w ·i---.. I LJ..J I I G' ! \---... -. . -.. ..... ............... I ! : ~ --... ' C - -/ I' ' I I t ~ Z 1-,:::,1, f' . . 0 - . 1 !~: ii.'i : u-: ~ :(::~·· ~'T-.-:~ 1 ' > / -I ~· ' ' ----_:L ·-. , I ~ • t ~-· _} ~:-::-:: .. " CJ C,::; .... '" -': .. ; ;.: \.h ~k~ -I ffll · fi-i ' i ~~r ,, i~!' 1 ~I I~ !rt ~1 I i I ~: . rT I I l.b ! i j\. ! \t\\ i~ : •\" ·r. ~i ! ,~ 1 I :-1\ !" !, I~ tr\; : \I I t ! ~l :t i }! ' ' ' I ... ! I i I i I ; --'/ / -----....... -~--.. ---• ..... ..::---,- ~ '" t '--f-f-----t-~ m ' ·.·. '. .. \ ... · ....... ..,-... =-:, >.. . ·.,\ I . \ l ! . •. . ..... · .. • . ,. , , ; ' ' i J· I I 0 ; ' ' ·---r-~--· Jj' .. i I I I I .. I c-- --.-·- i== ~ r---··- . ~ -.l I Jt ~~ _J J.. t). !J Ii I . ~~ I I ! !n Id l I V V ! -r-1 I .. I I I -; I L ~ ' -· .L ----· [\ ' -'\ .! -; ( -;, I L ' I ' \ -~ t 'I ,,....., - --· l.\ ~ I I i ! ! i ! ! ' j I ; i l ' I : --- I ' f f ! ! ! i ; ' ! I ' ! .. I I I ' i i ! ; : i I v/ ~ "'- ..... -··-.•- ·, J; f --" : '1 r "=-\ I I ! I i I . /, I ! I I i I I ! ; ~ I i : '"\.. '1... ... ·····-··. : l -······----i I ! ; I ! ; -I i Ii il J I l ' I I r: ~ ~ l ! , I JJ !~ :~l ; .ill·~ i{' I • I ' : ; ~- !~. l \ , IJ: I : i l; , !~{ ! ~i l\( I . '.:! : ; ~ l~~ ! CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30, BLOCK 1, BALDUR · PARK HENNEPIN COUNTY, MINNESOTA PP-OfoGE.D .. \-lO~E LAKE MINNETONKA ' .... LEGAL DESCRIPTION OF" PREMISES : \ Lot 30, Block 1, Bcldur Pork, logelher with on easement for private sewer system purposes over Lot 31, Block 1, "Boldur Pork", as contained in Doc. No. 1440581, Files of Registrar of Titles, Hennepin County. Minnesota. o : denotes iron mcrker (970.1): del'\Otes existing spot elevation, mecn sea level dctum -_ -96~-_ -: denotes existing contour line, meco · sea level datum. NOTE This contour information is PRINTED£_ kv~ 2 7 L001 SHARRATT & MACDONALD DESIGN COMPANY Bearings shown ore bcsed upon en assume a um. surve doted 11-9-8 1. This survey intends to show the boundaries of the above described property, the locotion of on existing house, and the location of aA visi~le "hardcover" thereon. It does not purport to show ony other improvements or encroachments. CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30, BLOCK 1, BALOUR PARK HENNEPIN COUNTY, MINNESOTA LAKE MINNETONKA LEGAL OESCR!PTION OF PREMISES : Lot 30, Block 1, Soldur Pork, together with on easement for private sewer system purposes over Lot 31, Block 1, "Boldur Pork", os contained in Doc. No. 1440581, Files or Registrar ol Titles, Hennepin County, Minnesota. o : denotes iron marker (970.1}: denotes existing spot elevation, meon sea level datum G, j ---964 ---: denotes existing contour line, mecn sea level datum. NOTE This contour information is I . 1 Searings shown ore based upon on assumed datum. token from our survey doted 11-9-81. This surve1y intends to show the bO<Jndories of the cbove described property, the location of en existing house, and the _location of oU visible "hardcover" thereon. It does not purport to show ony other improvements or encroachments . I ~·c:c;rrn Tk.t.T De$"'--"" s,,lcn:.,a.roc, e« ,a:::pcftf WA.$ ,R(JIAA:t:I) !tt I,(: QIII 1.1<1a V'r ~CT ~ NG n-t.Ar I .u. A ou_y u:OiS:£0 PRCI'!~ ~ A>IJ UM> '--~_,._.:::i ~ tH;IOII! n£ 01'$ Cl' nt: STATE ,:, -.c:or.&.. \ D-7~ f (?.J) r~SJ~L.. liA.h.JCOVER CALCULATION WORK~ ... .1EET H e SETBACK ZONE: (CIRCLE ONE) 75-250' 250-500' 500-1000' - '\' l:)~18:J:IN~ .H.6rR9~~ A. House ' ·.--S.F. X -· Length ,;y.:ic!dt X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X S.F. PRINTED = S.F. D. Sidewalk X = S.F. {.!~-~ 2 ?. t,;81 = S.F. E. Patio/Deck X = S.F. SHARRAxT &. MACDONAT D = S.F. DESIGN COMPANY F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A + B X 100 = % PROPOSED HARDCOVER IN ZONE A. House +-C:,t:P-~S X = ui':, S.F. Length Width X = S.F. X = S.F. X S.F. B. G:::uag,e X = S.F .. C. Driveway r~\Pei4i '-K-:t ~Tb X 950 S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = 0 S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = 0 S.F. TOTAL HARDCOVER IN ZONE . ltDJ S-S.F. A: ·:- TOTAL PROPERTY AREA IN ZONE 1-(0'2.l S.F. B A .,.. B X 100 = q,e; % 10 'ls; ►2..sv 1 f t...ofo .:;.c_.,. L HARDCOVER CALCULATION WORKSHEET I e SETBACK ZONE: (CIRCLE ONE) 0-75' 250-500' 500-1000' ~:a;!ic ~ Ai,\!!:~ ;~~:f:'ft ;!U'!2!:0trn- A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X PRINTED S.F. X = S.F. AUi, 2 ?. LUO! E. Patio/Deck X = S.F. SHARRATT &. MACDONALD S.F. F. Landscape X DESIGN COMPANY = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOT AL PROPERTY AREA IN ZONE S.F. B A + B X 100 % PRQPQSED HARDCQVER IN ZONE A. House+ ~P..,Q&,E;E: X = 1J~O S.F. Length Width X = S.F. X = S.F. X S.F. B. Garage X = S.F .. C. Driveway'. X = 1Sia S.F. -.. X = S.F. D. Sidewalk X = S.F. X = S.F. E. ~eck4'-~cRe-6bl ~R~ X = ~\9 S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X S.F. G. Other X = S.F. ·( •., . ....... TOTAL HARDCOVER IN ZONE ,z~~b S.F. A ':.: -4S ?:>!!:! B -• "1 TOTAL PROPERTY AREA IN ZONE S.F. ,.;:.:.::<_..,. ;~ A + B X 100 = . G,'7, CJ % ( . J '::.,:_ ,, 10 -/ :· .. ~·. . . •. ,,· >:i/\~.s:- ;C /< €-° /) / L.,f Z .,,( .:._;· SETBACK ZONE: HJ ""'DCOVER CALCULATION \VOR' ·--:HEET · · 0-7~ ~s-r1/J~ (ClRCLE ONE) 8 75-250' 250-500' 500-1000' l-1tJ-oo -:Q.61/, S-t,,-01 j EXISTING HARDCOVER IN ZONE _...;:b:.._2_0 __ s. F. -HOU$ t.:: ______ S.F. A; House ______ x Length B. Garage C. Driveway D. Sidewalk E. Patio/_Deck X X :x X X X X X X X Width = = = = = = = = = ------S.F. __ l'-4-...._ __ S. F. -t3o vLOE'R_S ______ S.F. _ ___,B...:...L.f-=2.~_ S.F.-G;RAV't:I., /NC S.F. t.vr-______ -----''-"6'-'2.=----S.F. -CONC. .. WA• __ -.:'2.=7.,___ __ S.F. ~t-'5,ij-·po,-...i c <f: i • 1 • F. Landscape X X X = /;:_ .. Underlain · By Plastic G. Other A X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B PROPOSED HARDCOVER lN ZON:E A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other A Length X X X X X X X X X X X X X X. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B Width ----- 13 = = X !00 = = = = = = = = = = = = = = = = X !00 = 3 S.F.-wooJ WINCcWt' _ _.::,_ __ _ 2 I I ~.?i S . F. i7,ozt + s.F. ';,?_4.i % ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. : % A B r-·-. -, ~ .... :~ I ·\ ~. _A;:.! / / / / / r : ~ .. :' .. ... . , r/:<:J l::.:,z A I< /-/ti -oo h .. illCOVER CALCULATION \VOl .SHEET rw .J-2.-oo ~ 7 r--2.';;0 t:;,Y.J ~ or., iY:. _tfZe.·~:rs :-~-a r':. SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' soo:1000· ;.,, .. · . . EXISTING HARDCOVER IN ZONE A. House X -K I 601 s.F. ,HoiJsE Length X Wicth • = 3 7 S.F.-c.0 ~. APQi X X = = -~-,----I 01::,-S.F.-6.~vQ. ){)ur ---... ~c-=, -, --S.F.-&71..Jt..Of:-Q~ B. Garage X = ______ S.F. C. Driveway X = I i 54 ~R.t,Vf'L1 I I' --'------'--S.F.' u..11- X = ______ S.F . .. , .. D. Sidewalk X X E. Patio/_Deck X X F. Landscape X = · I I 2/ S.F.-COt-:JC~ w,c.. ='56 ~= S.F.-lONC, OH ~ <;ot/T'H or. 1-.\C -.,,....--=-1A__,~ = 4B, S .F. $,,..-z,,::.-:?eo-;~--,3--~-) tF Underlain X = ·--!5 S.F. I-'5E:AM By Plastic X = ______ S.F. G. Other bB.S" L,F, X _ _Q.'t-16 7 = L q S.F. -V-.IOoC, WAL ----'---- TOTAL HARDCOVER IN ZONE ~2-/ 4 S.F. A TOTAL PROPERTY AREA IN ZONE 4-5 3/3 + S.F. B A 32-14 + 8 4532:> X 100 = 7o.qg % EB~~~~~~ HARD~QVEB TN ~ w::rr .31 A. House X Length Width X X X B. Garage X C. Driveway X X D. Sidewalk X X E. Pacio/Deck X X F. Landscape X Underlain X By Plastic X G. Other ?I,!:, .x. I 4!l.J TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ·+-B 13 - = = = = = = = = = - = = = = :,:: 100 = ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. S.F. ______ S.F. __ 7"'--=2. ___ S.F. S.F. ------ S.F. ------ ------S.F. S.F. ------S.F. ------ ------S.F. °i S.F. ------ __ 3....c-,..1 __ S.F. ______ S.F. % ------ ~~~::: ·. :. l1 ~~--,.:::. ·•.~ ·-·. r"': ~:--. ~ 1f-ll7-~3-E/ . . ,•· . ... -·· '.,..· .. -· . , , L \ . .. . ---.. ~r RUN DATE 01/13/00 BATCH 503 PROP ADDR OWNER HANE TAXPAYER HANE/ADDR PROP ADDR OWNER HANE TAXPAYER HANE/ADDR PROP ADDR OWNER HANE TAXPAYER HANE/ADDR 38 08-117-23 31 0012 00038 ADDRESS UNASSIGNED WILLIAN J N FRANKLIN WILLIAN FRANKLIN 1730 HEN BRIGHTON BLVD NPLS NN 55413 38 08-117-23 31 0015 01340 BALDUR PARK RD FREDERICK .H PUZAK FREDERICK H PUZAK PO BOX 158 -SPRING PARK NN 55384 38 08-117-23 31 0018 00038 ADDRESS UNASSIGNED WILLIAM J M FRANKLIN WILLIAM FRANKLIN 1730 HEN BRIGHTON BLVD NPLS HN 55413 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEN PROPERTY OWNERS LIST 38 08-117-23 31 0013 00038 ADDRESS UNASSIGNED NI~LIAN J N FRANKLIN WILLIAN FRANKLIN 1730 NEW BRIGHTON BLVD MPLS NN 55413 38 08-117-23 31 0016 00038 ADDRESS UNASSIGNED WILLIAM FRANKLIN WILLIAN FRANKLIN 1730 NEW BRIGHTON BLVD NPLS NN 55413 TOTAL BATCH 503 00007 REPORT NO. PI435401 PAGE 14 38 08-117-23 31 0014 00038 ADDRESS UNASSIGNED WILLIAN J N FRANKLIN WILLIAN FRANKLIN 1730 NEW BRIGHTON BLVD MPLS MN 55413 38 08-117-23 31 0017 00038 ADDRESS UNASSIGNED WILLIAN FRANKLIN WILLIAN FRANKLIN 1730 NEW BRIGHTON BLVD MPLS NH 55413 I CERTIFY THAT THE FACtS REPRESENTED ARE AH ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNEHT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE ANO BELIEF.. ~ - DATE J-11-oo BY ld,m:Z, Sot:1~/6 L /, i:. l-' ', ' ., ,: 'I I l-:;.: i..~(·'.; \ i / MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. White moved, Sansevere seconded, to approve the Development Agreement and to approve and adopt RESOLUTION NO. , a Resolution Approving Issuance of Senior Housing Revenue Bonds and Authorizing Execution of Bond Documents and Development Agreement. VOTE: Ayes 4, Nays 0. *(#8) #01-2707 ROB EDDINGTON AND MARK LARSON, HILL STREET-:-VACATION - RESOLUTION NO. White moved, Sansevere seconded, to approve a~d adopt RESOLUTION NO. , a Resolution Vacating a Portion of an Unimproved Street Within the Plat of Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota, for Rob Eddington and Mark Larson, 285 and 315 Crestview Avenue. VOTE: Ayes 4, Nays 0. *(#9) #01-2710 DONALD AND JOANNE DAVIDSON, 568 KEENE A VENUE-VARIANCES - RESOLUTION NO. 'White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. , a Resolution granting variances to permit the construction of a new residence on a vacant lot for the property located at 568 Keene Avenue. VOTE: Ayes 4, Nays 0. (#10) #01-2714 FREDERICK PUZAK, 1340 BALDUR PARK ROAD -VARIANCES- RESOLUTION NO. Fred Puzak Applicant, was present. Weinberger stated the Applicant is requesting variances to permit new construction on the property located at 1340 Baldur Park Road, which is located at the end of the Baldur Park peninsula. The PAGE22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. Applicant is proposing to remove the existing residence and construct a new residence. Because the lot is located at the end of the Baldur Park peninsula, 79 percent of the lot is located within 75 feet of the lakeshore. Variances are required to allow the new building to encroach within 48 feet of the lakeshore, which is approximately the same setback as the existing structure, and to allow hardcover within 75 feet of the lakeshore. A variance to lot area is also required. This property consists of 0.495 acre, with the minimum lot area being 0.5 acre. The Planning Commission had recommended apprqyal of this application by a vote of 7 to O for the variances subject to the condition that the property owner verify either conforming septic sites or connection to City sewer be completed. The lot is not immediately adjacentto City sewer and the property owner would be required to extend the sewer line to his property as well as obtain an easement from the adjoining property owner. The Applicant did hire Koch's Soil Testing to complete soil testing and design for a septic system. The tests·and design work show that the property can support a maximum three bedroom system. The proposed house was proposed to be a five bedroom home. Matt Bolterman, On-site Systems Manager, has approved the design, but for a house with three bedrooms or less. State Code requires that the number of bedrooms in a single family residence be used to detennine the required system capacity. Weinberger stated back in 1970, the lots adjacent to Mr. Puzak's property were commonly owned up until the early 1970s. The City at that time required that the lots be connected to City sewer. The property owner did not agree to connect the house or to provide sewer connections to any of the vacant lots. Eventually the property sold, with Lot 30 being sold to Mr. Puzak and the other remaining lots being purchased by Mr. Franklin. PAGE23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. Weinberger stated the issue before the Council is whether the sewer line should be connected to the Puzak property. Weinberger stated at the time the lots were sold, an easement for sewer was granted over Lot 31 to Mr. Puzak that provided for private septic and drainfield use. At the time the Planning Commission reviewed this application, a plan showing a five-bedroom residence was before them. Since then it has been determined that there are not two suitable septic sites to support a five-bedroom house and that the maximum would be for a three-bedroom system. Staff recommends approval of the variance application subject to the property owner submitting final architectural plans converting two of the five propo~ed bedrooms into another use. The existing non- compliant septic system would be required to be abandoned per state and local requirements and the new three-bedroom system installed prior to occupancy of the new house. Weinberger noted any change to the layout of the house or exterior plan would require a new variance application. Puzak stated he does have the documentation showing two alternate septic sites for his property, with a possibility for extending the primary site to accommodate a four-bedroom house. Puzak stated it is not his primary goal to build a septic system, noting he has attempted in the past to obtain an easement from the adjoining property owner. Puzak stated in his view the house plan that he has developed is reasonable, and requested the Council approve his plan subject to the sewer issue being deferred. Puzak requested he be given time to resolve the sewer issue. Puzak stated even though the new house is larger than the existing house, the hardcover is being reduced due to reductions being made to the driveway in the 0-75' setback. Sansevere stated in his view state law should require that septic systems be based on the size of the house rather than the number of bedrooms., Sansevere commented the Applicant would not need to change his design if he simply choose to call one room a den and the other a library. PAGE 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. Gaffron stated state law defines a bedroom as a room with a closet. Gaffron stated once the closet is removed from a room, it is no longer considered a bedroom. Gaffron stated the property owner would be required to obtain a building permit if he decides later on to add a closest. Puzak stated he has submitted this conceptual design so they could address the hardcover and setback issues, and that the new design would reflect three or four bedrooms. Puzak stated he would be revising his plan. Stoddard stated the new plan is an improvement over what currently exists, noting the Planning Commission reviewed a plan that depicted five bed~ooms. Stoddard stated the plan before the Council could conceivably be for a seven-bedroom house with some minor alterations. Stoddard stated the main issue before the Planning Commission was the septic. William Franklin, 1730 New Brighton Boulevard, stated he is the owner of the property between Puzak's proposed house and the sewer line. Franklin stated in his view there appears to be some confusion regarding the granting of an easement over his property for a sewer line. Franklin indicated he would be agreeable to granting the easement as well as sharing in the cost of extending the sewer line. Franklin stated they have discussed the possibility of him either selling this property to another individual or to Puzak. Franklin stated in either case he would give his consent to a sewer easement across the property. Franklin stated should his property ever be developed, he would also need to have a sewer connection to the two lots. White commented that City sewer would be a benefit given the close proximity of the lakeshore in this area. Franklin indicated he was unaware of the fact that Puzak wanted to construct a private septic system on his property. PAGE25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. Puzak noted there was a public hearing held on this matter on October 1711\ at which time Mr. Franklin was not present. Puzak commented he has been attempting to meet the City's requirements regarding sewer. Puzak requested the Council address the issues relating to setback and hardcover tonight, with the sewer issue being deferred. Franklin stated they have discussed the sewer issue within the past month and a half, with Mr. Puzak not informing him that he was considering building a new septic system. Flint stated the significant issue before the Council tonight is the sewer, with the majority of the Council expressing a desire for City sewer in this area. Flint stated he is unsure how the Council can approve a resolution relating to this application until all the details of the septic issue are resolved. Flint suggested Mr. Puzak and Mr. Franklin work together to resolve the details of extending the sewer line and the costs involved with that. Puzak stated he would like to proceed with his application, and in the meantime try to resolve the sewer issues and redesigning the house. Nygard stated he has a concern that this house may be out of character with the neighborhood, noting the proposed house is considerably larger than the other homes in the area. Nygard stated he does not want to see a neighborhood with a number of larger houses built on small lots. Franklin stated there are a number of large homes located across the lake. Franklin stated Mr. Puzak's house is somewhat secluded and ·would not be readily noticed. Flint inquired what Stoddard meant by his comment that the Planning Commission would have been harder on him if he was going to put in sewer. Stoddard stated the Planning Commission reviewed what was presented to them, and at that time had the understanding that this property would accommodate a five bedroom house. The Planning Commission did approve this application on a vote of 7 to O based on the information presented to them. PAGE26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. Stoddard stated had they known about the situation with the septic only being able to accommodate a three bedroom residence, they might have directed the Applicant to reduce the size of the house and come back before the Planning Commission with a revised plan. Puzak stated the deck and stairwell could be redesigned. Puzak indicated this plan was intended to be I conceptual. Puzak stated he would request approval for a four bedroom design subject to the sewer issue being resolved. Franklin stated in his opinion a septic system is out of the question given the close proximity of the lake and in light of a connection to City sewer being pos~ible. Weinberger stated in his opinion the best option would be to have Mr. Puzak connect to City sewer. Weinberger pointed out should a new plan be submitted, a new variance application would be needed since the plan is different from what was originally approved. Flint noted Puzak has indicated he has been working on this project for quite some time and he would like to have the Council's views on the hardcover and setback issues. Puzak stated he understands that any major changes to his plan would require a separate variance application. Puzak stated his architect had suggested to him that he find out what the City would approve as it relates to hardcover and setback, and then revise his plan accordingly. Puzak indicated he has been designing this house for several years, and in his opinion if he is required to resolve the septic issue prior to approval, that would delay his project even longer. Franklin commented he has only learned within the past week that Puzak was considering constructing a septic system rather than hook up to City sewer. Franklin stated he can understand the reasons why the Council would condition approval upon resolution of the septic issue, but questioned whether a private septic system would be appropriate in this area since it is located on the lakeshore. Flint inquired whether Franklin was willing to grant the easement at no cost to Puzak or whether he PAGE 27 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. would be charging him for the easement. Franklin stated he is agreeable to granting the easement to Puzak at no cost. White stated in his opinion the sewer issue should be resolved prior to approval. White pointed out the Applicant probably will not be starting his project until the springtime, which would give him time to resolve this issue. Flint indicated he is not willing to give approval to this application without the septic being resolved. Nygard stated he is more likely to approve this application subject to the septic since Franklin is in attendance at this meeting and is indicating he is agreeable to granting an easement. Franklin stated he would like to develop his property as well, noting he also is in need of sewer. Franklin stated it would make sense to share the cost of extending the sewer line. Flint suggested the Council approve this plan conceptually tonight as it relates to hardcover and setback, subject to the plan being revised showing four bedrooms and subject to the sewer issues being resolved. Flint inquired what the proper procedure would be for the Applicant if his plan is conceptually approved tonight. Franklin commented the design of the house doesn't really impact the sewer issue if it is connected to City sewer. Flint stated the Council needs to know definitively whether there will be a connection to City sewer before approving the size of the house. Puzak stated currently he has five-bedrooms in two dwelling units. Pu:iak stated the house originally was built as a duplex prior to the current zoning. Puzak stated he is willing to give up one building unit in order to construct a new residence as well as relocate the structure off of the lot line. Flint noted the Applicant is increasing the footprint by 50 percent. PAGE28 MINUTES OF THE ORONO CITY COUNCIL MEETING · · Monday, October 22, 2001 7:00 o'clock p.m. Weinberger stated the Council could approve the plan before them tonight or they could allow the Applicant to make some minor changes to the plan that is before them. Weinberger commented that many times Applicants will make minor modifications to their house plan after approval is received. Weinberger stated that does give Puzak some flexibility to redesign his plan, but Staff would prefer some level of assurance be given that the house plan will not be significantly modified. Puzak stated there would be some modifications to the footprint within the building envelope to accommodate the septic design for a four bedroom house. Puzak stated there also were some other minor modifications that he would like to make. Sansevere commented in his view the Council shm.ild probably wait until there is some type of agreement reached on the septic. Sansevere stated he is somewhat confused, noting it was his understanding that Puzak was attempting to obtain an easement from Franklin for the past few years and was unsuccessful. Sansevere stated Franklin has indicated he is more than willing to grant an easement. Sansevere commented there appears to be some gaps in what has occurred over the years, which may not be germane to tonight's meeting. Sansevere questioned whether this application should be sent back to the Planning Commission once the septic is resolved. Flint stated the granting of an easement would need to be in writing. Stoddard suggested the Council consider approvihg X number of square feet for the residence subject to the septic being resolved. Moorse recommended the Council approve the variances for this specific plan subject to City sewer being available. Moorse stated had the Applicant known the septic could only handle a three · bedroom house, it is unlikely it would have been designed as a five bedroom house. Moorse stated if the Applicant would like additional bedrooms, he would be required to hook up to City sewer. Puzak stated he would like the variances approved tonight so he can proceed with his design process. PAGE29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. White stated the Council will probably approve the plan as presented tonight with City sewer or they will approve a smaller house with private sewer. Moorse stated the Applicant would like to know whether there is an agreement on the Council's part as to the hardcover amount and the setbacks. Moorse commented normally at this stage of the process the Council is looking at a final plan with all the issues being resolved. Franklin stated their conversations for the past two years have always related to extending the sewer line, with no mention ever being made of installing a private septic system. Franklin stated it was his understanding that a private septic system would no.t be allowed in this area. Sansevere inquired why an easement has not already been granted. Franklin stated he was told by Puzak that the cost to extend the sewer line and hookup was too high and that in his opinion he could construct a private septic system for less money. Puzak stated originally Franklin had wanted $50,000 for a utility easement. Franklin stated he has never asked for $50,000 for an easement. Flint commented this type of conversation is non-productive, and recommended the Council act on this matter. Flint moved, White seconded, to approve hardcover in the amount of 1,675 square feet within 75 feet of the Ordinary High Water Level of the lake; to approve hardcover in the amount of 2,885 square feet in the 75-250' setback area; to approve the setback variance to allow the house to be located approximately 47 feet from the lake at its closest point; and to approve a variance to lot area, subject to Staff review and approval of the final house design; and further subject to extension of City sewer to the property located at 1340 Bald ur Park Road. Puzak inquired what would happen if Franklin decides not to give him an easement at no cost. Flint stated then the Applicant would need to revise his plan to meet the septic available. PAGE30 MINUTES OF THE ORONO CITY COUNCIL MEETING ·· Monday, October 22, 2001 7:00 o'clock p.m. Sansevere stated that is one of the reasons why he would prefer this application be sent back to the Planning Commission. Sansevere stated he would prefer all these issues be resolved prior to this application coming before the Council. Puzak stated his application has been delayed for a number of years because of the septic issue, and that he is attempting to proceed forward by obtaining the septic testing. Puzak stated the Planning Commission did recommend approval of his application subject to a connection to City sewer or that a suitable septic site be shown. Puzak stated he has demonstrated that a suitable septic site is available, but that his house plan would need to be modified if he utilizes private septic. Franklin commented that it is his belief the Planning Commission was led to believe that he would not grant Puzak an easement for the sewer, which is not the case. Puzak stated if Franklin does not grant an easement within the next two weeks, he would like to continue with his proposal to redesign his house based on the variances granted tonight. Sansevere stated he would be required to come back before the Council if he decides not to hook up to City sewer. Flint noted Franklin has indicated a couple of times on the record that he is willing to grant an easement at no cost to Puzak. Puzak commented that Franklin has indicated he would like to construct townhomes on his property. Franklin stated he has spoken with Weinberger on what his property could accommodate. Franklin stated he has been informed he can construct two houses on these lots, which would require two sewer connections. Franklin stated the sewer would be divided three ways. Tom Barrett, City Attorney, recommended if the motion is approved, that City Staff provide findings to support the conclusion, with the Council voting on the findings at the next City Council meeting. VOTE ON THE ABOVE MOTION: Ayes 3, Nays 1, Sansevere Opposed. PAGE31 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. Puzak stated as far as the design of the house is concerned, Item No. 3 in Staff's Report indicates that any changes to the approved plan would require a new variance application. Puzak requested that Item 3 be clarified to read as follows: "any major amendment to the site sketch which would increase hardcover or increase lakeshore setback shall require a new variance application". Weinberger stated the language included in the motion subject to Staff review and approval would give Staff the opportunity to do that. Weinberger stated if Staff feels the revised house plan is beyond Council's approval, they would bring that application back before the Council. Flint suggested the Applicant work with Staff on drafting a resolution for Council approval. Puzak inquired what would happen if an easement is not obtained from Franklin. Sansevere stated he would then need to come back to the Council with his house design and a workable septic system design. Nygard stated this application would not be finally approved until the next Council meeting, so if there are changes that have occurred, the Applicant can address them at the next meeting. Flint stated the application was not in a form that could be finalized and approved tonight. Franklin inquired what steps he would need to follo_w in order to grant an easement. Weinberger stated they would need to determine the appropriate location where the sewer line would enter the property and a legal description, along with Franklin's signature providing an easement to the public. Gaffron stated Staff does have standard language for an easement, but someone will need to develop an easement description, which is the most time-consuming and difficult part of granting an easement. Puzak inquired how long that process would take. Gaffron stated that really is not up to the City to determine. PAGE32 MINUTES OF THE ORONO CITY COUNCil, ~ETING Monday, October 22, 2001 7:00 o'clock p.m. Tom Kellogg, City Engineer, commented that things might have changed from when the feasibility report was completed on this area. Kellogg indicated at the time the feasibility report was done, it was assumed the alignment would follow the driveway, which may not be the case currently. Kellogg stated to his recollection the driveway was located on the higher side of the peninsula, with the most logical place for the sewer line being on the low side. Kellogg recommended someone review the property to determine where the sewer line should go and what type of system will be utilized in this area. Franklin stated he does have an architect and builder involved in his project now, and in his view the location of the easement could be resolved fairly quickly. Flint recommended the Applicant resolve the septic issues before coming back before the Council with a new proposal. White recommended the Applicant speak with Staff to answer any questions he may have. White stated the Council. did approve the variances the Applicant was requesting. (#11) #01-2718 AMEND~NT TO ZONING CODE SECTION 10.03, SUBDIVISION 15 RELATING TO FENCE STANDARDS Flint recommended this item be tabled to the next Council meeting to allow the Council members to adequately give input regarding this amendment. Gaffron agreed that perhaps this item should be tabled. Flint moved, Sansevere seconded, to table Application #01-2718, Amendment fo Zoning Code Section 10.03, Subdivision 15 Relating to Fence Standards. VOTE: Ayes 4, Nays 0. PAGE33 F. N. Puzak 1340 Baldur Park Rd. Orono, MN 55391 Mr. Greg Grappa City of Orono 2750 Kelley Pkwy. Orono, MN October 23, 2001 Dear Mr. Gruppa: ) · r: t.UUl •· I I.. ·-' , J'hank you for following up on Mr. William Franklin's ofter during the City Council meeting on Monday, October 22, 2001 to provide a utility easement free of charge over Lots 21 -29, Block 1, Baldur Park. I understand you will be providing Mr. Franklin with the necessary documentation. Enclosed is a survey and legal description of my driveway easement over thes~ Lots, which you have indicated would be the most expeditious routing for public utilities. Please let me know ifI can be of further assistance. Thanks again for your help with this matter. Sincerely, ~ F.N. Puzak ~ , ' . I· l I ·;I. • J' i'•! ' ., ~ ........ . . . COFFIN & GRONBERG, INC. SURVEYING, ENGINEEAING AND LAND PLANNING 48:Z·A TAMARACK AVENUE LONG LAKE, MINN, 11113110 473-4141 March 17, 1994 Proposed driveway easement description for David Mess in Lots 20-29, Block 1, 11 Baldur Park 11 Hennepin County, Minnesota An easement for driveway purposes river those parts of Lots 20 through 29 inclusive, Block 1, 11 Baldur Park", which lie within 6.0 feet on each side of the following described centerline: Commencing at the most westerly corner of said Lot 20; thence on an assumed bearing of South 33 de- grees 02 minutes East along the southwesterly Jine of said Lot 20 a distance of 23.00 feet to the point of beginning of the centerline being described; thence North 26 degrees 50 minutes East a distance of 105.00 feet; thence North 9 degrees 45 minutes West a dis- tance if 47.00 feet; thence North 33 degrees 42 min~ utes West a distance of 66.00 feet; thence North 20 degrees 16 minutes West a distance of 26.50 feet; thence Nort~ 33 degrees 22 minutes West a distance of 65.00 feet; thence North 35 degrees 28 minutes West a distance of 58.00 feet; thence North 38 de- grees 34 minutes West a distance of 53.00 feet; thence North 50 degrees 53 minutes West a distance of 81.00 feet; thence North 57 degrees 16 minutes West to its intersection with the northwesterly line of said Lot 29, and said centerline there ending. -,_ ' I , -.... _ '.A ,.,,. .... I ...... ...... ....... , ; -.... -..... ., ....... ....... , ....... , ..... , ........ ' , ' , ' , 'v ' ' ' ' ' , V ' \ \ ' ' / / MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. (#2640/41 Dunbar Development, Continued) White moved, Sansevere seconded, to approve the Planned Unit Development No. 2A Agreement for Orono Ambar Office Building, and to approve the Planned Unit Development No. 2B Agreement for Orono Woods Apartments, as amended October 18th • VOTE: Ayes 4, Nays 0. White moved, Nygard seconded, to approve and adopt ORDINANCE NO. 207, 2ND SERIES, an Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map by Rezoning Property Within Outlot F, Sugar Woods, Hennepin County, Minnesota, from B~ 1 Retail Sales Business District to B-6 Highway Commercial District or RPUD Residential Planned Unit Development District and Adding Section 10.53 Subdivision 9 Regarding Planned Unit Development No. 2. VOTE: Ayes 4, Nays 0. · White moved, Sansevere seconded, to approve the Development Agreement and to approve and adopt RESOLUTION NO. 4705, a Resolution Approving Issuance of Senior Housing Revenue Bonds and Authorizing Execution of Bond Documents and Development Agreement. VOTE: Ayes 4, Nays 0. *(#8) #01:..2707 ROB EDDINGTON AND MARK LARSON, HILL STREET-VACATION - RESOLUTION NO. 4706 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4707, a Resolution Vacating a Portion of an Unimproved Street Within the Plat of Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota,. for Rob Eddington and Mark Larson, 285 and 315 Crestview Avenue. VOTE: Ayes 4, Nays 0. *(#9) #01-2710 DONALD AND JOANNE DAVIDSON, 568 KEENE A VENUE -VARIANCES White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. , a Res.olution granting variances to permit the construction of a new residence on a vacant lot for the property located at 568 Keene Avenue. VOTE: Ayes 4, Nays 0. (#10) #01-2714 FREDERICK PUZAK, 1340 BALDOR PARK ROAD -VARIANCES- RESOLUTION NO. Fred Puzak Applicant, was present. Weinberger stated the Applicant is requesting variances to permit new construction on the property located at 1340 Baldur Park Road, which is located at the end of the Baldur Park peninsula. The Applicant is proposing to remove the existing residence and construct a new residence. Because the lot is located on a peninsula, 79 percent of the lot is located within 75 feet of the lakeshore. PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. (#01-2714 Fred Puzak, Continued) Variances are required to allow the new building to encroach within 48 feet of the lakeshore, which is approximately the same setback as the existing structure, and to allow hardcover within 75 feet of the lakeshore. A variance to lot area is also required. This property consists of 0.495 acre, with the minimum lot area being 0.5 acre. The Planning Commission had recommended approval of this application by a vote of 7 to O for the variances subject to the condition that the property owner verify either conforming septic sites or connection to City sewer be completed. The lot is not immediately adjacent to City sewer and the property owner would be required to extend the sewer line to his property as well as obtain an easement from the adjoining property owner. The Applicant did hire Koch's Soil Testing to complete soil testing and design for a septic system. The tests and design work show that the property can support a maximum three-bedroom system. The proposed house was proposed to be a five-bedroom home. Matt Bolterman, On-site Systems Manager, has approved the design, but for a house with three bedrooms or less. State Code requires that the number of bedrooms in a single-family residence be used to determine the required system capacity. Weinberger stated back in 1970, the lots adjacent to Mr. Puzak's property were commonly owned up until the early 1970s. The house was required be connected to City sewer at that time. The property owner did not agree to connect the house or to provide sewer connections to any of the vacant lots. Eventually the property sold, with Lot 30 being sold to Mr. Puzak and the other remaining lots being purchased by Mr. Franklin. Weinberger stated the issue before the Council is whether the sewer line should be connected to the Puzak property. Weinberger stated at the time the lots were sold, an easement for sewer was granted over Lot 31 to Mr. Puzak that provided for private septic tank and drainfield use. At the time the Planning Commission reviewed this application, a plan showing a five-bedroom residence was reviewed. Since then it has been determined that there are not two suitable septic sites to support a five-bedroom house and that the maximum would be for a three-bedroom system. Staff recommends approval of the variance application subject to the property owner submitting final architectural plans converting two of the five proposed bedrooms into another use. The existing non- compliant septic system would be required to be abandoned per state and local requirements and the new three-bedroom system installed prior to occupancy of the new house. Weinberger noted any change to the layout of the house or exterior plan would require a new variance application. Puzak stated he does have the documentation showing two alternate septic sites for his property, with a possibility for extending the primary site to accommodate a four-bedroom house. Puzak stated it is not his primary goal to build a septic system, noting he has attempted in the past to obtain an easement from the adjoining property owner. Puzak stated in his view the house plan that he has developed is reasonable, and requested the Council approve his plan subject to the sewer issue being deferred. Puzak requested he be given time to resolve the sewer issue. PAGE 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. (#01-2714 Fred Puzak, Continued) Puzak stated even though the new house is larger than the existing house, the hardcover is being'reduced due to reductions being made to the driveway in the 0-75' setback. Sansevere stated in his view state law should require that septic systems be based on the size of the house rather than the number of bedrooms. Sansevere commented the Applicant would not need to change his design if he simply choose to call one room a den and the other a library. Gaffron stated state law defines a bedroom as a room with a closet. Gaffron stated once the closet is removed from a room, it is no longer considered a bedroom. Gaffron stated the property owner would be required to obtain a building permit if he decides later on to add a closest. Puzak stated he has submitted this conceptual design so they could address the hardcover and setback issues, and that the new design would reflect three or four bedrooms. Puzak stated he would be revising his plan. Stoddard stated the new plan is an improvement over what currently exists, noting the Planning Commission reviewed a plan that depicted five bedrooms. Stoddard stated the plan before the Council could conceivably be for a seven-bedroom house with some minor alterations. Stoddard stated the main issue before the Planning Commission was the septic. William Franklin, 1730 New Brighton Boulevard, stated he is the owner of the property between Puzak's proposed house and the sewer line. Franklin stated in his view there appears to be some confusion regarding the granting of an easement over his property for a sewer line. Franklin indicated he would be agreeable to granting the easement as well as sharing in the cost of extending the sewer line. Franklin stated they have discussed the possibility of him either selling this property to another individual or to Puzak. Franklin stated in either case he would give his consent to a sewer easement across the property. Franklin stated should his property ever be developed, he would also need to have a sewer connection to the two lots. White commented that City sewer would be a benefit given the close proximity of the lakeshore in this area. Franklin indicated he was unaware of the fact that Puzak wanted to construct a private septic system on his property. Puzak noted there was a public hearing held on this matter on October 17 11\ at which time Mr. Franklin was not present. Puzak commented he has been attempting to meet the City's requirements regarding sewer. Puzak requested the Council address the issues relating to setback and hardcover tonight, with the sewer issue being deferred. Franklin stated they have discussed the sewer issue within the past month and a half, with Mr. Puzak not informing him that he was considering building a new septic system. PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. (#01-2714 Fred Puzak, Continued) Flint stated the significant issue before the Council tonight is the sewer, with the majority of the Council expressing a desire for City sewer in this area. Flint stated he is unsure how the Council can approve a resolution relating to this application until all the details of the septic issue are resolved. Flint suggested Mr. Puzak and Mr. Franklin work together to resolve the details of extending the sewer line and the costs involved with that. Puzak stated he would like to proceed with his application, and in the meantime try to resolve the sewer issues and redesigning the house. Nygard stated he has a concern that this house may be out of character with the neighborhood, noting the proposed house is considerably larger than the other homes in the area. Nygard stated he does not want to see a neighborhood with a number of larger houses built on small lots. Franklin stated there are a number of large homes located across the lake. Franklin stated Mr. Puzak's house is somewhat secluded and would not be readily noticed. Flint inquired what Stoddard meant by his comment that the Planning Commission would have been harder on him if he was going to put in sewer. Stoddard stated the Planning Commission reviewed what was presented to them, and at that time had the understanding that this property would accommodate a five bedroom house. The Planning Commission did approve this application on a vote of 7 to O based on the information presented to them. Stoddard stated had they known about the situation with the septic only being able to accommodate a three bedroom residence, they might have directed the Applicant to reduce the size of the house and come back before the Planning Commission with a revised plan. Puzak stated the deck and stairwell could be redesigned. Puzak indicated this plan was intended to be conceptual. Puzak stated he would request approval for a four bedroom design subject to the sewer issue being resolved. Franklin stated in his opinion a septic system is out of the question given the close proximity of the lake and in light of a connection to City sewer being possible. Weinberger stated in his opinion the best option would be to have Mr. Puzak connect to City sewer. Weinberger pointed out should a new plan be submitted, a new variance application would be needed since the plan is different from what was originally approved. Flint noted Puzak has indicated he has been working on this project for quite some time and he would like to have the Council's views on the hardcover and setback issues. Puzak stated he understands that any major changes to his plan would require a separate variance application. Puzak stated his architect had suggested to him that he find out what the City would approve as it relates to hardcover and setback, and then revise his plan accordingly. Puzak indicated he has been designing this house for several years, and in his opinion if he is required to resolve the septic issue prior to approval, that would delay his project even longer. PAGE 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. (#01-2714 Fred Puzak, Continued) Franklin commented he has only learned within the past week that Puzak was considering constructing a septic system rather than hook up to City sewer. Franklin stated he can understand the reasons why the Council would condition approval upon resolution of the septic issue, but questioned whether a private septic system would be appropriate in this area since it is located on the lakeshore. Flint inquired whether Franklin was willing to grant the easement at no cost to Puzak or whether he would be charging him for the easement. Franklin stated he is agreeable to granting the easement to Puzak at no cost. White stated in his opinion the sewer issue should be resolved prior to approval. White pointed out the Applicant probably will not be starting his project until the springtime, which would give him time to resolve this issue. Flint indicated he is not willing to give approval to this application without the septic being resolved. Nygard stated he is more likely to approve this application subject to the septic since Franklin is in attendance at this meeting and is indicating he is agreeable to granting an easement. Franklin stated he would like to develop his property as well, noting he also is in need of sewer. Franklin stated it would make sense to share the cost of extending the sewer line. Flint suggested the Council approve this plan conceptually tonight as it relates to hardcover and setback, subject to the plan being revised showing four bedrooms and subject to the sewer issues being resolved. Flint inquired what the proper procedure would be for the Applicant if his plan is conceptually approved tonight. Franklin commented the design of the house doesn't really impact the sewer issue if it is connected to City sewer. Flint stated the Council needs to know definitively whether there will be a connection to City sewer before approving the size of the house. Puzak stated currently he has five-bedrooms in two dwelling units. Puzak stated the house originally was built as a duplex prior to the current zoning. Puzak stated he is willing to give up one building unit in order to construct a new residence as well as relocate the structure off of the lot line. Flint noted the Applicant is increasing the footprint by 50 percent. Weinberger stated the Council could approve the plan before them tonight or they could allow the Applicant to make some minor changes to the plan that is before them. Weinberger commented that many times Applicants will make minor modifications to their house plan after approval is received. Weinberger stated that does give Puzak some flexibility to redesign his plan, but Staff would prefer some level of assurance be given that the house plan will not be significantly modified. PAGE 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. (#01-2714 Fred Puzak, Continued) Puzak stated there would be some modifications to the footprint within the building envelope to accommodate the septic design for a four-bedroom house. Puzak stated there also were some other minor modifications that he would like to make. Sansevere commented in his view the Council should probably wait until there is some type of agreement reached on the septic. Sansevere stated he is somewhat confused, noting it was his understanding that Puzak was attempting to obtain an easement from Franklin for the past few years and was unsuccessful. Sansevere stated Franklin has indicated he is more than willing to grant an easement. Sansevere commented there appears to be some gaps in what has occurred over the years, which may not be germane to tonight's meeting. Sansevere questioned whether this application should be sent back to the Planning Commission once the septic is resolved. Flint stated the granting of an easement would need to be in writing. Stoddard suggested the Council consider approving X number of square feet for the residence subject to the septic being resolved. Moorse recommended the Council approve the variances for this specific plan subject to City sewer being available. Moorse stated had the Applicant known the septic could only handle a three bedroom house, it is unlikely it would have been designed as a five bedroom house. Moorse stated if the Applicant would like additional bedrooms, he would be required to hook up to City sewer. Puzak stated he would like the variances approved tonight so he can proceed with his design process. White stated the Council will probably approve the plan as presented tonight with City sewer or they will approve a smaller house with private sewer. Moorse stated the Applicant would like to know whether there is an agreement on the Council's part as to the hardcover amount and the setbacks. Moorse commented normally at this stage of the process the Council is looking at a final plan with all the issues being resolved. Franklin stated their conversations for the past two years have always related to extending the sewer line, with no mention ever being made of installing a private septic system. Franklin stated it was his understanding that a private septic system would not be allowed in this area. Sansevere inquired why an easement has not already been granted. Franklin stated he was told by Puzak that the cost to extend the sewer line and hookup was too high and that in his opinion he could construct a private septic system for less money. Puzak stated originally Franklin had wanted $50,000 for a utility easement. Franklin stated he has never asked for $50,000 for an easement. PAGE 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. (#01-2714 Fred Puzak, Continued) Flint commented this type of conversation is non-productiv~, and recommended the Council act on this matter. Flint moved, White seconded, to approve hardcover in the amount of 1,675 square feet within 75 feet of the Ordinary High Water Level of the lake; to approve hardcover in the amount of 2,885 square feet in the 75-250' setback area; to approve the setback variance to allow the house to be located approximately 47 feet from the lake at its closest point; and to approve a variance to lot area, subject to Staff review and approval of the final house design; and further subject to extension of City sewer to the property located at 1340 Baldor Park Road. Puzak inquired what would happen if Franklin decides not to give him an easement at no cost. Flint stated then the Applicant would need to revise his plan to meet the septic available. Sansevere stated that is one of the reasons why he would prefer this application be sent back to the Planning Commission. Sansevere stated he would prefer all these issues be resolved prior to this application coming before the Council. Puzak stated his application has been delayed for a number of years because of the septic issue, and that he is attempting to proceed forward by obtaining the septic testing. Puzak stated the Planning Commission did recommend approval of his application subject to a connection to City sewer or that a suitable septic site be shown. Puzak stated he has demonstrated that a suitable septic site is available, but that his house plan would need to be modified if he utilizes private septic. Franklin commented that it is his belief the Planning Commission was led to believe that he would not grant Puzak an easement for the sewer, which is not the case. Puzak stated if Franklin does not grant an easement within the next two weeks, he would like to continue with his proposal to redesign his house based on the variances granted tonight. Sansevere stated he would be required to come back before the Council if he decides not to hook up to City sewer. Flint noted Franklin has indicated a couple of times on the record that he is willing to grant an easement at no cost to Puzak. Puzak commented that Franklin has indicated he would like to construct townhomes on his property. Franklin stated he has spoken with Weinberger on what his property could accommodate. Franklin stated he has been informed he can construct two houses on these lots, which would require two sewer connections. Franklin stated the sewer would be divided three ways. Tom Barrett, City Attorney, recommended if the motion is approved, that City Staff provide findings to support the conclusion, with the Council voting on the findings at the next City Council meeting. PAGE21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. (#01-2714 Fred Puzak, Continued) VOTE ON THE ABOVE MOTION: Ayes 3, Nays 1, Sansevere Opposed. Puzak stated as far as the design of the house is concerned, Item No. 3 in Staffs Report indicates that any changes to the approved plan would require a new variance application. Puzak requested that Item 3 be clarified to read as follows: "any major amendment to the site sketch which would increase hardcover or increase lakeshore setback shall require a new variance application". Weinberger stated the language included in the motion subject to Staff review and approval would give Staff the opportunity to do that. Weinberger stated if Staff feels the revised house plan is beyond Council's approval, they would bring that application back before the Council. Flint suggested the Applicant work with Staff on drafting a resolution for Council approval. Puzak inquired what would happen if an easement is not obtained from Franklin. Sansevere stated he would then need to come back to the Council with his house design and a workable septic system design. Nygard stated this application would not be finally approved until the next Council meeting, so if there are changes that have occurred, the Applicant can address them at the next meeting. Flint stated the application was not in a form that could be finalized and approved tonight. Franklin inquired what steps he would need to follow in order to grant an easement. Weinberger stated they would need to determine the appropriate location where the sewer line would enter the property and a legal description, along with Franklin's signature providing an easement to the public. Gaffron stated Staff does have standard language for an easement, but someone will need to develop an easement description, which is the most time-consuming and difficult part of granting an easement. Puzak inquired how long that process would take. Gaffron stated that really is not up to the City to determine. Tom Kellogg, City Engineer, commented that things might have changed from when the feasibility report was completed on this area. Kellogg indicated at the time the feasibility report was done, it was assumed the alignment would follow the driveway, which may not be the case currently. Kellogg stated to his recollection the driveway was located on the higher side of the peninsula, with the most logical place for the sewer line being on the low side. Kellogg recommended someone review the property to determine where the sewer line should go and what type of system will be utilized in this area. Franklin stated he does have an architect and builder involved in his project now, and in his view the location of the easement could be resolved fairly quickly. PAGE22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. (#01-2714 Fred Puzak, Continued) Flint recommended the Applicant resolve the septic issues before coming back before the Council with a new proposal. White recommended the Applicant speak with Staff to answer any questions he may have. White stated the Council did approve the variances the Applicant was requesting. (#11) #01-2718 AMENDMENT TO ZONING CODE SECTION 10.03, SUBDIVISION 15 RELATING TO FENCE STANDARDS Flint recommended this item be tabled to the next Council meeting to allow the Council members to adequately give input regarding this amendment. Gaffron agreed that perhaps this item should be tabled. Flint moved, Sansevere seconded, to table Application #01-2718, Amendment to Zoning Code Section 10.03, Subdivision 15 Relating to Fence Standards. VOTE: Ayes 4, Nays 0. *(#12) #01-2719 JODI AND DAVID DALVEY, 1520 BOHN'S POINT ROAD -VARIANCE - RESOLUTION NO. 4708 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4708, a Resolution granting variances to permit new residential construction on a lot that is 102 feet wide where 140 feet is required and to permit an accessory structure on a lot without a principal structure for the property located at 1520 Bohn's Point Road. VOTE: Ayes 4, Nays 0. *(#13) #01-2720 CRAIG AND BEV MILLER, 1325 SHORELINE DRIVE -VARIAN CE - RESOLUTION NO. 4709 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4709, a Resolution granting variances to permit new residential construction on a lot that is 130 feet wide where 140 feet is required and to permit an accessory structure on a lot without a principal structure for the property located at 1325 Shoreline Drive. VOTE: Ayes 4, Nays O. *(#14) #01-2721 WALTER HOLZER, 1130 NORTH SHORE DRIVE WEST -VARIAN CE - RESOLUTION NO. 4710 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4710, a Resolution granting variances to permit new residential construction on a lot that is 100 feet wide where 140 feet is required and to permit two accessory structures on a lot without a principal structure for the property located at 1130 North Shore Drive West. VOTE: Ayes 4, Nays 0. PAGE23 10/22/2001 12:53 952-4 71-9455 LANDMARK MANAGEMENT F. ·r,.:i, Pixtt1k 134U B!i.ld.ur Pnrk Omno, ·MN 55)9 l 2750 l<:,1iky Vkwy. Long Lake,, !.VLN October 20,, 200! Via facsimile . . F0Hov1ing i~~ tht'. :~itc pkm rcvfocd to sho-vv t-wo ultornato scptfoj sit~s on l,ot 31, ,is wo11 t:n"CS\~ntc-d {tt Hw: Planning Commissio~ Public T-Icuring on Se.pi.ember 11_, intended to Abo incJm:kd i;s; a prz,posed 4 BR. scp(ic !$)'Stem layout ·which :Cru1 be accomplished without ctdrninirM.ra.tivt:-variance by red.onfigurntiou of the dee~ and stairwd1 to maintain ilw 20' H:illt1in:1d ,,d,h~,;.k. Thi6 systen~ layout has rncdved pndHminary apprnval by Matt 1~')1~<>·,ytvni .,.,,s_,,,,'/iw-i, fi;-,o,! A o.g;•l;-,·,1 "·t•h•.,.t·t·-t,AI . ..)'ls. \.~·l . M;,, . f···)~·"·A.•.•❖•'}t~~-:; ,•t~~~A·~ \;,J-~~ ... ~~t .,_'t ·JVA.t.l;: <lift-.: . . A C' , .. ,,,·11-l"';;Jpi-! .,,,,,_,. .,.,... ;1.,,,, tVJ(•1·1 ("')"t··,1••--r 1 Q "'"'' "'()"'.l.1'i nppr,,,,,;,,t,:; <V'l""" .-J,,.,,1·J~l."'°'i't()'l .. ;t .\\;~~. ; .. ...,.,.,.t,_.-.,.,, ... J t'.·-'n, .. vi:,Jt,.,, .. w ... ~. :,;:~ l . Y> ·\..?l~ ~.,,, y-..,,\',; YV \ h fA ,..,,mu.t-~-~,.,. 1.1.-.... -....~£-1. ~-1..1.• . t regarding tbt: Conclusions,. Order .:m<llConditions Line 3 (p.4 pf 7), As per your r~oxmri1nd::iti-irn" th\; ;,:o,ricc_ptual -design _pn::scntcd 7NiH requite minor modifkatio-ns and could on1y bt rni#.k> .'HnaUer., To fociH~uto this, it is suggested 1that Line 3 read as .follows: . . Atiy mA}-/r ~nHmdmcntB to the!approv,~d site plan "Atta0h,~d Exhibit A,, whi£h. Ylf1Mhl ... l:r~rT:4r.Hi¥:t: .. hJ-&r5Jffr.Y..tlr. .. m: .. ®!!i.r.t1{;$.~J\!k£tih&i.r.~ .. l):s1t.Pt~J):k shall requh·e n new ·s ··:H·;,:, n<"'i" "' ni·~l•{~'-'1;(}'·1 V'.,n.~U;_;~ .. ,,••dw {.~t.1t.i•.t-.. .,.(.,t. •l, J., Thank you k:ar PAGE 01 10/2212001 12:53 952-471-9455 LANDMARf< MANAGEMENT (JF'' LAKE MINNETONKA ····::S64•"' = A.~' • ..:;~:-._ <;;":l:•--:7;; •!;:;:.,;:.t•::--·.r-:· ~,~<1i~. !"'1~~1;.:~.~ · ~v:•,<.~ l~-..t°i ,JotS1m. NO it'. : 'fhin. <:.ontou< it~1t>unotiori ;$ :::r" -::: -~·:: : •.. < :.,1~·,-c~···Gn··· as~vfr.$(f d~tt.rn-..... , ................................. i !;%k»f; .. frorn .. QY! .. $L'< vey ___ \"J<;tP.:i1 ... ~ 1_ ... ~3-... 3 ; . ,.,.,.,., __ .,..,.M,_..,. ______ ,,._ ·t~1h~ ~1.--,-r·;!f~~· ,!~~i~-:··~~=~~ k: ·J.·~{{~-si S:.:ht~ be.:, .. .:nGkr~~s of ~~u~ <~~-tJv'!.1: <:i«:H>cdb~d ptoµ'$<·ty~ ~!'~◊ ~~.-:-:<"i-f<in {,{ ::i:::: ?::i:1i::~J3-:~{1 :·,,;),.,.l::;o/.1 .-.1:1d ~hft !◊c<,1·ir1n t;f <1H vi:~i~~I~ ···11arQcov~t n fr;~n::~n. !~ {Jl;1,:t :··i-6t r:i;;-t::r: =. ?;.;-·::f::{:<~-t::-{l:ny oi;•tq:.t kt~·v",~tr\ut:hi· ,or eH1G7<,.\\1Cht'f'!.!)f'1l:t PAGE 02 10/22/2001 952-4 71-9455 ✓' .I .· ··-~· ,.~7; 03 .i .,,.... ,,· ,·' Application Date: 8/22/01 Application Deadline: 12/20/01 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Paul Weinberger Title Zoning Administrator Item Description: #01-2714 Frederick Puzak 1340 Baldur Park Road Variances DATE: October 17, 2001 ITEM NO.: Agenda Section: Zoning Zoning District: LR-1 C, ½ acre, One Family Lakeshore Residential List of Exhibits A Resolution B Site Plan C Memo -Septic Review (October 17, 2001) D Planning Report (August 13, 2001) Review of Request The applicant is requesting variances to permit new construction on the prope1ty. Proposed is to tear down the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the Baldur Park peninsula most of the lot area (79% of the lot) is located within 75' of the lakeshore. The proposed building plan requires variances for the following: 1. Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) -No hardcover or impervious surface shall be placed, located or constructed within 75 feet of the Ordinary High Water Level of any lake 0-75' Lot Area= 17,021 s.f. Existing Hardcover= 2,113 s.f. (12.4%) Proposed Hardcover= 1,675 s.f. (9.8%) 2. Section 10.22, Subdivision 2 and Section l 0.56, Subdivision 16 (L) (2)-Hardcover shall not exceed 25% in the 75-250' setback. 75-250' Lot Area= 4,538 s.f. Existing Hardcover= 3,219 s.f. (70.9%) Proposed Hardcover= 2,885 s.f. (63.6%) 3. Section 10.55, Subdivision 8 -To permit new structure within 75' of the lakeshore. The proposed house would be located 48' from the lakeshore, within the 75' required setback. The existing residence is approximately 4 7' from the lake at its closest point. #01-2714 Frederick Puzak October 17, 2001 Pa e2of2 4. Section 10.25, Subdivision 6 -Minimum lot area required= 0.5 acre. The lot is 0.495 acre. Planning Commission Recommendation The Planning Commission recommended approval by a vote of 7 to O for variances subject to the condition that the property owner verify either conforming septic sites be identified on the property or connection to sewer be completed. Please review the attached Planning Report for background information on sewer and septic issues on the property. The property owner hired Robert Koch, of Koch's Soil Testing -Loretto, MN, to complete soil testing and design for a septic system. The tests and design work show that the property can support a maximum three bedroom system. The proposed house was proposed to be a five bedroom home. Matt Bolterman, On-Site Systems Manager, has approved the design, but for a house with three bedrooms or less. Mr. Bolterman's memo is attached. State Code requires that the number of bedrooms in a single family residence be used to determine the required system capacity. Staff Recommendation To approve the variance application subject to the property owner submitting final architectural plans converting two of the five proposed bedrooms into another use. The existing non-compliant septic system would be required to be abandoned per state and local requirements and the new three bedroom system installed prior to occupancy of the new house. Any change to the layout of the house or exterior plan would require a new variance application. COUNCIL ACTION REQUESTED Motion to adopt the resolution approving variances to permit construction of a new residence on the property. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISIONS 16 AND (L) 1 AND 2; AND SECTION 10.55, SUBDIVISION 8 FILE NO. #01-2714 WHEREAS, Frederick Puzak and Julie Thometz (hereinafter "the applicants") are owners of the property located at 1340 Baldur Park Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 30, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "property"); 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 September 17, 2001 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #01-2714. 2. The property is located in the LR-lC One Family Lakeshore Residential Zoning District where 0.5 acre is the minimum lot area requirement. The property has a lot area of 0.5 acre. Page 1 of 7 3. The Orono Planning Commission reviewed this application on September 17, 2001 and recommended approval on a vote of 7 to O to approve variances as requested based on the following findings: A. Property owners propose to remove the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the peninsula most of the lot area (79% of the lot) is located within 75' of the lakeshore. B. Only a small portion of the property is located outside of the 75' setback. Due to setback requirements, most of the 75' -250' setback area is not buildable due to street setback and side setback requirements. C. The property is located in the MUSA area. D. The applicant's house is the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road. The existing residence is not connected to sewer because an easement for utility or sewer purposes would be required across the adjacent properties to Baldur Park Road. The property has an easement for driveway purposes only. E. The Council approved a preliminary plat subdivision approval in 1982 for two lots between the subject property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982 the City can assume there is a possibility that there are two buildings sites south of the property. Based on this assumption, a total of 3 lots will ultimately require sewer connection. F. The property also has an easement over Lot 3 1 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3' above the seasonal water table. The system is not compliant with all regulations because the entire drainfield site is located within 75' of the lakeshore. Occupancy of a new house requires the septic to be replaced. Page 2 of7 G. The proposed structure does not exceed 15% of the lot area. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent 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 City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property subject to the following conditions: 1. Property owner shall submit final architectural plans converting two of the five proposed bedrooms into another use due to the maximum capacity system is for a three bedroom residence. The residence shall remain as a 3-bedroom home until such future date that it is connected to municipal sewer. 2. The existing non-compliant septic system is required to be abandoned per state and local requirements and the new three bedroom system installed prior to occupancy of the new house. Page 3 of7 3. Any amendments to the approved site plan "Attached Exhibit A" shall require a new variance application. 4. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 22, 2002). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees 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 22nd day of October, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owners Page 4 of7 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22 nd day of October, 2001 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. 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 5 of 7 STATE OF MINNESOTA COUNTY OF HENNEPIN 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 6 of 7 CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30,-BLOCK 1, BALDUR PARK HENNEPIN COUNTY, MINNESOTA fi2-0fbGE.D • ... HOM-E. · __ LAKE \ ' ' MINNETONKA LEGAL DESCRIPTION OF PREMISES ; Lot 30, Block 1, Baldur Park, together with on easement for private sewer system purposes over Lot 31, Block 1, "Boldur Pork", as contained in Doc. No. 1440581, Files of Registrar of Titles, Hennepin County, Minnesoto. o : denotes iron marker \ (970.1): denotes existing spot elevation, mean seo level datum i -_ -964-__ : denotes existing contour line, mecn sea level datum. NOTE This contour information is Exhibit A Bearings shown ore based upon on assumed datum. token from our survey doted 11-9-81. This survey intends to show the boundaries of the obove described properly, \he location of on existing house, ond the location of all visible "hardcover" thereon. It does not purport to show --.. _,._ __ , __________ ._ - Page 7 of 7 C CITY of ORONO Municipal Offices Street Address: Mailing Address: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 TO: Paul Weinberger FROM: Matt Bolterman, On-Site Systems Manager DATE: October 17, 2001 SUBJECT: Septic Review for 1340 Baldur Park Rd (Puzak) The proposed tear down and rebuild of 1340 Baldur Park Rd must have approved septic sites that meet all Orono and State septic requirements. Soil tests and design work show that a three bedroom primary and alternate septic site can be located on the property. The sites are on an easement on the neighboring lot to the SW of the proposed house. The primary site will be an in-ground seepage bed and the replacement site is an in-ground trench system. There is a well that must be moved when the replacement site is used to meet the 50 foot setback. The existing septic system shall be pumped and backfilled when the existing house is demolished. Based on the above information, staff recommends approval of a new three bedroom house in regards to septic. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Date of Complete Application: 60 Day Deadline: 8/22/01 10/21/01 TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Paul Weinberger, Zoning Administrator/Planner August 13, 2001 SUBJECT: #01-2714 Frederick Puzak 1340 Baldur Park Road Variances -Public Hearing Zoning District: LR-IC One Family Lakeshore Residential District List of Exhibits A Application B Application Letter (8/22/01) C Sewer Map D Floor Plans E Elevation Views F Proposed Site Plan including Septic Sftes G Existing Survey H 0-75' Hardcover -Proposed I 75-250' Hardcover -Proposed J 0-7 5' Hardcover -Existing K 75-250' Hardcover -Existing L Plat Map M Property Owners Notification List Application Review The applicant is requesting variances to permit new construction on the property. Proposed is to tear down the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the peninsula most of the lot area (79% of the lot) is located within 75' of the lakeshore. The proposed building plan requires variances for the following: 1. Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) -No hardcover or impervious surface shall be placed, located or constructed within 75 feet of the Ordinary High Water Level of any lake 0-75' Lot Area= 17,021 s.f. Existing Hardcover= 2,113 s.f. (12.4%) - Proposed Hardcover= 1,675 s.f. (9.8%) #01-2714 Frederick Puzak 1340 Baldur Park Road 9/17/01 Page 1 of 5 Including Non-conforming rock and plastic 1,638 s.f. (9.6%) excluding rock and plastic 13 D 2. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) -Hardcover shall not exceed 25% in the 75-250' setback. 75-250' Lot Area= 4,538 s.f. Existing Hardcover= 3,219 s.f. (70.9%) -Including rock and plastic 3,206 s.f. (70.6%) Excluding rock and plastic Proposed Hardcover= 2,885 s.f. (63.6%) 3. Section 10.55, Subdivision 8 -No hardcover or structures are permitted ivithin 75' of the lakeshore. The proposed house would be located 48' from the lakeshore, within the 75' required setback. Sewer/Septic Issues The property is located in the MUSA area. The applicant's house is the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road. The Council approved a preliminary plat subdivision approval in 1982 for two lots between Mr. Puzak' s property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982 the City can assume there is a possibility that there are two buildings sites south of the Puzak property. Based on this assumption, a total of 3 lots will ultimately require sewer connection. Mr. Puzak' s residence is not connected to sewer because he does not have an easement for utility or sewer purposes, out to Baldur Park Road. He has an easement for driveway purposes only. Mr. Puzak's property also has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3' above the seasonal water table. The system is not compliant with all regulations because the entire drainfield site is located within 75' of the lakeshore. In order for the City of Orono to permit constrnction of a new home on this site, it must comply with one of the following: I. The new house must be connected to sanitary sewer service; The City Council reviewed a request by Mr. Puzakfor sewer connection in 1999. The City determined they would study the extension of sewer service to the applicant's property. The City would have had to proceed with a condemnation process to acquire a public easement that would allow the extension of municipal sewer to the applicant's property. The 1999 estimate for the cost of the sewer extension was around $60,000 to be assessed to the benefiting property owners. Mr. Puzak had inquired about using the easement to construct a private sewer connection for his house. The City took the position that they would not proceed with the condemnation unless it was for an extension to the public sewer to serve his residence as well as the adjacent properties. A City can not condemn easements without a public purpose. The City had concluded an easement for private service was not the best alternative in this case and did not proceed with the condemnation. OR #01-2714 Frederick Puzak 1340 Baldur Park Road 9/17/01 Page 2 of 5 2. The new house must be connected to a conforming septic system meeting all the Local and State standards. Tlte existing system is located within 75' oftlte lakes/tore. A new house could not be connected to tlte existing system and is therefore not conforming. The property owner must provide designs for two conforming septic systems on the individual lot on which the house is being constructed (This lot would include the area where the easement exists for septic construction). The survey submitted shows one drainfield site but no design work has been completed. It is not known if the property would have two conforming sites available, but it appears unlikely. The only way to determine if the property has two sites is for the applicant to have testing and design for two sites completed by a licensed evaluator. Mr. Puzak has tried unsuccessfully to acquire an easement for municipal sewer connection purposes from the adjacent property owner. Zoning Review and Hardcover Setbacks Front Side Lakes ho re Required 30' 10' 75' Proposed 30' 10' 48' * Requires variance The existing house is located 2.4 feet from the side property line. The new house would be located to meet the minimum side setback requirement of 1 O'. The primary issue is how much hardcover is proposed and where new structure is located. The proposed house is 3,230 s.f. which is exactly 15% lot coverage by structure. In his hardship statement Mr. Puzak has stated his desire to design a home that meets the 15% allowed lot coverage. The size of the house combined with the very limited land area within the 75-250' lakeshore setback results in the request for hardcover variances. ANALYSIS WORKSHEET Lot Area: LR-IC Required Actual #01-2714 Frederick Puzak 1340 Baldur Park Road 9/17/01 Page 3 of5 Lot Area 1/2 acre 21,559 s.f. (0.49 acre) Structural Coverage: Total Lot Size Total Structural Coverage 21,559 s.f. Allowed: 3,234 s.f. (15%) Existing: 2,221 s.f. (10.3%) Proposed: 3,230 s.f. (15%) Hardcover Calculation: Distance from Total area Allowed Existing Proposed shoreline in setback hardcover hardcover hardcover 0-75' 17,021 s.f. 0 s.f. (0%) 1,638 s.f. 1,675 s.f. (9.6%) (9.8%) 75-250' 4,538 s.f. 1,134 s.f. (25%) 3,206 s.f. 2,885 s.f. (70.6%) (63.5%) 21,559 s.f. 4,844 s.f. 4,560 s.f. The total hardcover is in fact being reduced on the property. Much of the reduction is driveway, landscape plastic and ground level patios. The total hardcover that is devoted to structure would increase from 620 s.f. of existing house/garage in the 0-75' setback to 1,125 s.f. an increase of 505 s.f. The total hardcover devoted to structure in the 75-250' setback would increase from 1,601 s.f. to 2,105 s.f. an increase of 504 s.f. The total structural increase on the property is 1,009 s.f. Options for Planning Commission Action 1. Recommend approval of the variances. A recommendation of approval of the zoning variances, subject to: A. Septic Testing determining two conforming sites are located on the property, or within the easement prior to issuance of a building permit. B. or, sewer extension acceptable to the City is provided to the property and a utility easement is granted to the public to allow the sewer extension to be complete. C. No building permit will be issued for the new house until the sewer/septic is approved and installed per the requirements of the City. D. A final grading plan must be provided with the final plan set and must be approved by the City Engineer prior to Council review. #01-2714 Frederick Puzak 1340 Baldur Park Road 9/17/01 Page 4 of5 2. Recommend denial. A. Based on no conforming septic system is located on the property and no testing information has been received by the City. B. No new house can be constructed unless the house is connected to sanitary sewer or two conforming drainfield sites and complete system designs have been provided for installation. Septic design requirements include full design for a 5 bedroom house. The Planning Commission and Council can not grant variances to septic standards. C. Other findings related to the zoning variances on the site plan. 3. Table. A. Require additional information regarding the status of the property in relation to sewage disposal, whether sewer or septic. B. Applicant should agree to waive the 60 day application deadline and sign a letter confirming the application deadline has been officially waived. 4. Other action. Staff Recommendation Staff would recommend Alternative 3 to table the application and require the property o,,ner and City work towards completing the sanitary sewer extension to the property and complete review of the application following resolution of the sewer extension. #01-2714 Frederick Puzak 1340 Baldur Park Road 9/17/01 Page 5 of 5 CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-confoq.ning structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address ~D LVUR. ~R\( ~<f/ Application # 0 ( -,;;714 Date Received g/da/o / Amount Paid f,:Sco. c <. Property Identification Number (P.I.D.) 08-il:7--Z.3 -~l Dul · Attach legal description to applicavon if not included on required survey< Date P~ Acquired ___ -=6+f.-'-9"_,4.__ _____________ (month/year) I (do)~) also own the adjacent parcels of land. Present use of property: ~residential __ other (specify) _________ _ Zoning District: t-R. --( C-· APPLICANT -.--:) Name ~Qa'stC.~ r\)~ ·•. Address: \'34D B,~ur RS--. Phone (home) '152 "41 j-'l-Z-Z.'f Phone (work) b(l ?J L,J-B('l I City: t,(J.(Jk}C) Zip: 5s's'?/ OWNER (if different than applicant) Phone (home) _______ _ Name ~E Phone (work) _______ _ Address: -------------City: ________ Zip: ___ _ DESCRIPTION OF REQUEST Describe request in detail: Estimated Constmction Cost $ d PLJ I CCO ''2-e-oJJ.~Mo\,,J skt: (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: Front Lot Width Side X',_ Hardcover Rear __ Lot Coverage '}{_ Average Lakeshore Other (specify) _______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual proP.erty c nditiops preventing compliance ·with Zoning Code requirements: ~'1:"\ ~<J\\.<t. . ,~e.: (attach additional sheets if necessary) t·~·:.:-:~-7 ,· ~ ,. ··' d ,l c;,i ! I. ,.-, i 6 A REQUIRED SUBMITT ALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property 0-wners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11"). 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 curre-nt owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property O'wner must:-sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature ~~,L Date _8~/ ·L_:t:._/1-o__,;,l ___ _ O\VNER'S SIGNATURE t~E--'1)12R\.e..\:(_ ~ I ~\J-"Z..A~, ~<...~te..J) The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature q~ ~---Date ~f zc/ot Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. ·_.:.. '• .. ·, . .·'r-•;., '] •• , ••• I / .. , u :. i ___ r-l 7 CITY OF ORONO -VARIANCE APPLICATION 1340 Baldur Park Rd., Orono, MN 55391 f,/t,/t./01 DESCRIPTION OF REQUEST Describe request_ in detail: Applicant respectfully requests lakeshore setback and hardcover variances required to replace a nonconforming two-family residence with a conforming single-family residence on a½ acre lot (21,559 sq. ft.) zoned LR-IC. The new construction will reduce ~ver in the 0-75' zone by4'18 sq. ft. and will reduce hardcover in the 75-250' (" zone by1:ll\frsq. ft. The new home will be no closer to the lake than the existing 4f '2 rt structure, which is 48' back from elevation 929.4. The proposed structure meets side- yard setback, front-yard setback and 15% maximum structural coverage requirements, while curing an existing lot line/side-yard encroachment. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with zon4:ig Code requirements: A hardship exists in the fact that 79% of the lot area (17,021 sq. ft.) falls within the O - 75' lakeshore setback zone, leaving only a long and very narrow building envelope of26' tapering to 12' in width. The applicant's architect has worked with diligence and sensitivity to the site to provide a responsible solution to satisfy very challenging zoning requirements. The plan preserves existing trees and topography, while substantially reducing hardcover. ADDITIONAL INFORMATION APPLICANT THINKS APPROPRIATE On several occasions, applicant has met with city staff for guidance in approaching this hardship; staff's courteous and professional advice has been greatly appreciated. At staff's direction, the proposed structure has been located to eliminate the side-yard encroachment, and the originally proposed garage was rotated 90 degrees to eliminate need for a front-yard setback variance and to help reduce access hardcover in the O -75' zone. Staff's suggestion that hardcover be reduced has been accomplished. B - --,, -~ """ CJ ~ -{ ~ , .. iJ \)J ~ -\) v "' ,..i J\ ~ \7 t "'.:!:,. J C. ~ -0 '1 ~ f; 7:> ~ :::, ~ > ~ L'I ~ ... " I' ,---t c C> ~ 7: r.,. r) VI :i:: 1) --s:. ~ . V' I / I I I I \ \ / l L C - I .. -..... ' -.. -............... . z '-,.:::,1, . . 0 - :.. ------ ""':, .. _:L" ,_-: i--. "-'. I :., t!? · ... : :_-~- f\•,,:, •• -:., k'. I . ,)\ it r-f ~ I ro r ~!~ !~~I I ! : I ri 1 ,~; i tr !iL. i~ I~ !f, ~i l 1~ !1 L .. }1\µ rn' / -.l. I i I , I tt ' l I • •,::. I ' ~}· l , ; ! • I i..: \ ' / ~ I ~ --- 1 I f I I ( I // ! // / // ~ I 1/" / r . I"-, 1 ',,_ --'l..-~-r-------~-----...- __ , ___ ~ --~-~--~·--- --:.:--. '\) \\\' t ~ •. ' m ( I ~ • -:-._._ £ :- :.~: i i ; t ; ~ ~ )~1 !J :ti:~ ; i! ' ; ~ : $ . I /! I i l l I ' I I ' ' l ! i· I i . ! ' ), I ·-·--r----·· /j' H: ; I ' .. I ! I I i I I . ! r---: I I== I ! ~ -------· F= -I !'; ~ }.,_-c •. , ••. -:r.:-, .. (; .,i-.· ~ ....... -... ·-~ ~ I r---··-. l .., -J. I II i ~~ .I ~ i~ II i I .. , i -~ I ! I : I ! '"\,. ' ~ rii-' ! /I 1tl ., V .. I --~-·· /' ~, I I I . .. ·---......... i I : ,· I. I -I i i I ! / "' .-, L ········-·---, ' ' i (j ... ___ T ' i t I ' I v/ ' ' ' ·--·· -! ' '! bt I \ ( -.................. -f I I ! I ' ' ! I i ~ \ I ·, J -~ I\ I· ' -l ,:---, I - --· ~ f\ I ' Lt I ~ r r: <) ' ~ 1: ! \ I I I 1 CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30, BLOCK 1, BALDUR PARK HENNEPIN COUNTY, MINNESOTA Pr2-Q.fb6,ED . rk)AAE LAKE MINNETONKA ' LEGAL DESCRIPTION OF PREMISES : I Lot 30, Block 1, Soldur Pork, togelher with on easement for private sewer system purposes over Lot 31, Block 1, "Soldur Pork", os contained in Doc. No. 1440581, Files of Registrar of Titles , Hennepin County, Minnesota. o : denotes iron marker _(970 .1): det1¢tes existing spot elevation, meon sea level datum ---96~-_ -: denotes existing contour line, mean · seo level datum. NOTE This contour information is PRINTED£_ kv~ 2 7 L001 SHARRATT & MACDONALD DESIGN COMPANY Bearings shown ore bcsed upon on assume o _um. r m our surve doted 11-9-81 . ~···0•n: This survey intends to show the · boundaries of the above described property, the locotion of on existing house, ond the location of alt vis ible "hardcover" thereon. It does not purport to show ony other i,nprovements or _encroachments. CERTIFICATE FRED OF SURVEY PUZAK FOR OF LOT 30, BLOCK 1, HENNEPIN COUNTY, BALDUR PARK MINNESOTA LAKE MINNETONKA LEGAL DESCRIPTION OF PREMISES : Lot 30, Block 1, Baldur Pork, together with on easement for private sewer system purposes over Lot 31, Block 1, "Boldur Park", os contained in Ooc. No. 1440581, Files or Registrar of Titles, Hennepin County, Minnesota. o : denotes iron marker (970.1): denotes existing spot elevation, mean sea level datum j ---964---; denotes existing contour line, mean sec level datum. NOTE This contour information is I . ) Bearings shown ore based upon on assumed datum. token from our survey doted 11-9-8 I. This survey intends to show the boundaries of the above described property, the location of on existing house, and the _location of oU visible "hardcover" thereon. It does not purport to show any other improvements or encroachments . I tt:RE8Y. C:Orff'Y TkA T T}CS Pl.AN, SP!cn:A T1CH. 0A RD"OAf WA.$ l'Rl:PAAf.J) !t1 Mt o,t u«;ie:q vY OPCCT ~ A>O G, - 1" nu,T I AM A OU.Y LCENS.EO PROl"'!s:so-u.L ~ J.M) UM> 1--J:=!l 5l.ft\1:YO'I 1.IQJI nt: LAWS ar n,£ STATt (7 1,W.QOrJ.. ' 0-7~ fp._iJ("'OSFZ-L IIAh..JCOVER CALCULATION WORK0 ... J.EET e H SETBACK ZONE: (CIRCLE ONE) 75-250' 250-500' 500-1000' - ""fl*l~=l=l:ef~ ..HAR9~0'i~ A. House ' ·,_. -S.F. X = Length -V.:lddt X = S.F. X S.F. X = S.F. B. Garage X = S.F. C. Driveway X S.F. PRINTED = S.F. D. Sidewalk X S.F. l-! ~-~ 2 ?. t u 81 S.F. E. Patio/Deck X = S.F. SHARRAxT &. MACDONAT D = S.F. DESIGN COMPANY F. Landscape X S.F. Underlain X S.F. By Plastic X = S.F. G. Other X S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A + B X 100 % PROPOSED HARDCOVER IN ZONE A. House t-C:,6,r2~S X = ~\ g i;" S.F. Length Width X S.F. X S.F. X = S.F. B. 6-mTge X = S.F .. Driveway t-~\Pe~\..K-:t ~To 950 .... C. X S.F. X S.F. D. Sidewalk X S.F. X = S.F. E. Patio/Deck X 0 S.F. X = S.F. F. Landscape X S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = 0 S.F. TOTAL HARDCOVER IN ZONE . ltaJ S-S.F. A~ ·:- TOTAL PROPERTY AREA IN ZONE 1-(0 '21 S.F. B A + B X 100 = '\, e, % 10 '?~ ►2-w' p fU>P o-;, t.·• G HARDCOVER CALCULATION WORKSHEET .T e SETBACK ZONE: (CIRCLE ONE) 0-75' 250-500' 500-1000' M5i a!ic ~ B:i rR1'~ft tPf~~~i~ A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X S.F. D. Sidewalk PRINTED S.F. X X = S.F. AU!, 2 ?. t001 E. Patio/Deck X = S.F. SHA.RRA TT & MACDONALD S.F. F. Landscape X DESIGN COMPANY = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A + B X 100 % PRQPQSED HARDCOVER IN ZONE A. House + ~&Q&f1e. X ~J~O S.F. Length Width X S.F. X S.F. X S.F. B. Garage X = S.F. · C. Driveway·. X = '.J Sio S.F. X S.F. D. Sidewalk X S.F. X S.F. E. ~eck-\-~c.gee,14 ?oR~ X = ~\9 S.F. X = S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X = S.F. I ·, '·'\ , .. TOTAL HARDCOVER IN ZONE ,z~~S-S.F. A , .. -4S ?>e:f S.F. B ·~. 7 TOTAL PROPERTY AREA IN ZONE ~,-c-c-;>_ A B X 100 = ~~.9' % ! l J ( ::.:_ .. 10 -./ "' . " r°I(~ /J /1,1 Z A' k' HI "'DCOVER CALCULATION WOR" ·--:HEET 0-7'£:' +!:jlS-rff)(.;. /-/t)-OO 'R.61./, S-t:rOJ SETBACK ZONE: (CIRCLE ONE) e ~ISTJNG HARDCOVER IN ZONE A. House ______ x Length B. Garage X X X X C. Driveway _____ _ X X D. Sidewalk E. Patio/_Deck F. Landscape Underlain · By Plastic G. Other A X X X X X X X X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B PBOPOSED HARDCOVER IN ZONE A, House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other A Length X X X X X X X X X X X X X X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B 75-250' Width Wiuth ----- 13 250-500' 500-1000' j = = = = = = == = = = = = = = X 100 = = = = = = = = = = = = = ;i:. 100 = b 2D S.F. -HOU$/;'.: --=---- ______ S.F. --~---S.F. __ l,_4_,_ __ S. F. -t3o vLDER.5 ______ S.F. __ B"-'-'-/...;::'Z.=---S.F.-GrRAvEL 1 /NC.: S.F. i.v;,t ------ __ 1;_,:6"--2........::;_ __ S.F. -CONC.,.\Mli.L ___ '2."'--'-7 __ S.F. ~1':i-H-·poN t 3 S.F.-wooO WJNCoW( __ __;;_ __ _ 2 I I __ :;• S . F. i7,0Z/ + S.F. 1?.4.1 % ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. S.F. ______ S.F. ______ S.F. 1 % A B r_---~ -, ·: .:.:. ... ::.:-: ! / / -~·; :\ ~ SETBACK ZONE: (CIRCLE ONE) E~ISTING HARDCOVER IN ZONE A. House Length B. Garage C. Driveway --··-D. Sidewalk 0-75' X X X X X X X X X Width • = = = = = = = ='56 3 7 S.F.-co~, APRDt -~-,-----I O '::,-S. F. -G.P.4v/1l 0urt! ---,.. "-.,=., '-1 --S. F. -Bov<-Of:Q~ ______ S.F. I i 5 -::1= J.;,.,R.liVft.., , NC --'----I....___ S. F. 1.vl-.L ______ S.F. · I I 2/ S.F.-COf':IC~ WAL ~~-~"7"'---S.F.-(.ON(., OH -~--=-=---<;ol)TH oi: 1-\0t E. Patio/,Deck X y~\:_ =4$ X 7T<>-'-'< !~ -= 9v& ______ S.F. ______ S.F. . ,~-. //,_--------,/ "'.) ,,>) /JO~--- F. Landscape X Underlain X By Plastic X G. Other 68.S-Lf', X O.'t-167 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A gz.1 j 8 4S32> EBSrn~St;;~ HARD~QVEB rN ~~ t.,..o-r 3/ A. House X Length Width X X X B. Garage X C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X G. Other CI It:. X , 4tl.J TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A •T" B 13 = = = = x lOO = - = = = = = = = = = - = = = = X 100 = :;) .. S.F. --~---·-~ !5 S. F. I-'5€:A/'v\ ______ S.F. °52/ 4 S.F. A 4538 + S.F. B 7°,9S % S.F. ------ ______ S.F. ______ S.F. ______ S.F. ______ S.F. S.F. S.F. ------ 72. S.F. ------ ------S.F. ______ S.F. S.F. ______ S.F. S.F. ------S,F, ------ °i S.F. ------ __ 5..........,_I __ S.F. ____ .;,,___ S.F. % ------ cr-:"".• ~:, ···-~····· r.,,~ ...... 1e.:·· '·:, 1f-l l7-~3-E I /; ~-: ::-=:\ \ ... ... . --; ·-. . ' ---· .... . •.: • . ........ -·--· l - ,. ' -...... --. -" i ~1 RUN DATE 01/13/00 BATCH 503 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 08-117-23 31 0012 00038 ADDRESS UNASSIGNED WILLIAM J M FRANKLIN WILLIAM FRANKLIN 1730 NEW BRIGHTON BLVD MPLS MN 55413 38 08-117-23 31 0015 01340 BALDUR PARK RD FREDERICK H PUZAK FREDERICK H PUZAK PO BOX 158 .SPRING PARK MN 55384 38 08-117-23 31 0018 00038 ADDRESS UNASSIGNED WILLIAM J M FRANKLIN WILLIAM FRANKLIN 1730 HEW BRIGHTON BLVD MPLS HH 55413 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 08-117-23 31 0013 00038 ADDRESS UNASSIGNED WI~LIAM J M FRANKLIN WILLIAM FRANKLIN 1730 NEW BRIGHTON BLVD HPLS HN 55413 38 08-117-23 31 0016 00038 ADDRESS UNASSIGNED WILLIAM FRANKLIN WILLIAM FRANKLIN 1730 NEW BRIGHTON BLVD HPLS HN 55413 TOTAL BATCH 503 00007 REPORT HO. PI435401 PAGE 14 38 08-117-23 31 0014 00038 ADDRESS UNASSIGNED WILLIAM J H FRANKLIN WILLIAM FRANKLIN 1730 NEW BRIGHTON BLVD HPLS HN 55413 38 08-117-23 31 0017 00038 ADDRESS UNASSIGNED WILLIAM FRANKLIN WILLIAM FRANKLIN 1730 HEW BRIGHTON BLVD MPLS MN 55413 I CERTIFY THAT THE FActs REPRESENTED ARE AH ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNONLEOGE AND BELIEF._ ~ - DATE J-11-oo BY ld,,ne;i So4~ ,. ,, •i I ' L / . ( ., ' . ' l .. ...;: ~--:, 1-::....:,, \ \ / CITY of ORONO TO: Paul Weinberger Street Address: 2750 Kelley Parkway Orono, MN 55356 FROM: Matt Bolterman, On-Site Systems Manager DATE: October 17, 2001 SUBJECT: Septic Review for 1340 Baldur Park Rd (Puzak) Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The proposed tear down and rebuild of 1340 Baldur Park Rd must have approved septic sites that meet all Orono and State septic requirements. Soil tests and design work show that a three bedroom primary and alternate septic site can be located on the property. The sites are on an easement on the neighboring lot to the SW of the proposed house. The primary site will be an in-ground seepage bed and the replacement site is an in-ground trench system. There is a well that must be moved when the replacement site is used to meet the 50 foot setback. The existing septic system shall be pumped and backfilled when the existing house is demolished. Based on the above information, staff recommends approval of a new three bedroom house in regards to septic. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us l · CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30, BLOCK 1, BALDUR PARK HENNEPIN COUNTY, MINNESOTA fr2-0fbGED . H<'.JI-AE .. LAKE \ ' ' MINNETONKA LEGAL DESCRIPTION OF PREMISES : I Lot 30, Block 1, Boldur Pork,. together with an easement tor private sewer system purposes over Lot 31, Block 1, "Boldur Pork", as contained in Dae. Na . 1440581, File s of Registrar of Titles, Hennepin Co unty, Minnesota. o : denotes iron marker (970.1): de11otes existing spot el evation, mean sea le vel dotum ---964 ---: denotes existing contour line, meon · sea level datum. NOTE This contour information is .PRINTED ~V 7 2 7 LOOl SHARRATT & MACDONALD DESIGN COMPANY Bearings shown ore based upon an assume o um. rom our surve doted 11-9-81. This survey intends to show the boundaries of the obove described property, the location of an existing house, and the location of a» visible "hardcover" thereon. It does not purport to show ony other improvements or ~ncroochments. F. N. Puzak 1340 Baldur Park Rd. Orono, MN 55391 Mr. Paul Weinberger City of Orono 2750 Kelley Pkwy. Long Lake, MN October 20, 2001 Re: Resolution Granting Variances Dear Mr. Weinberger: Via facsimile Following is the site plan revised to show two alternate septic sites on Lot 31, as was presented at the Planning Commission Public Hearing on September 17, intended to become Exhibit A. Also included is a proposed 4 BR septic system layout which can be accomplished without administrative variance by recont1guratiun of the deck and stairwell to maintain the 20' required setback. This system layout has received preliminary approval by Matt Hollerman pending fi~1al design submittal. · As requested per voice mail October 19, we would appreciate some clarification regarding the Conclusions, Order and Conditions Line 3 {p.4 of7). As per your recommendation, the conceptual design presented will require minor modifications and could only he made smaller. To facilitate this, it is suggested that Line 3 read as follows: Any major amendments to the approved site plan "Attached Exhibit A" which would increase hardcover or decrease lakeshore setback shall require a new variance application. Thank you for your help with this matter. . Sincerely, ~\S?fa') ol-__ F. N. Puzak C. Mike Sharratt I / CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30, BLOCK 1, BALDUR PARK HENNEPIN COUNTY, MINNESOTA ff-OfoGeD Hot-Ae E:><Hl 13.IT LAKE MINNETONKA \'-/ ~ ,,J(i------ h,0 LEGAL DESCRIPTION OF PREMISES : I Lot 30, Block 1, Boldur Pork, together with on eosernent for privote sewer system purposes over Lot J 1, Block 1, "Boldur Pork", as contained in Doc. No. 1440581, Files of Registrar of Titles, Hennepin County, Minnesota. o : denotes iron rnorker (970. 1): denotes existing spol elevation, mean sea level datum AJt..~, 2h-Q.oo\ Pf2.oF'oGE.O bJ\L()\NG 5vfei2-//l-.?-$e.D Ol--l 51Te MD C',.P.f,,,[;€.<;, /}-ODIF\'2.0 E,'( 94~TI ~l~cx;!-lJ,,..Lt, tsS\61-1 CO, ~ 1}.f2.1~e $-le>NSTTf,,\... ---964 ---: denotes existing contour line, mean · sea level datum. NOTE Bearings shown ore based upon·onossumeo·aotum. This contour informolion is _lq_kerLfrom our survey doled 11-9-81. __________ ........... __ .. This survey intends to show the boundaries of the above described property, the location of an existing house, and the location of all visible "hardcover" thereon. It does not purporl to show any other improvements or _encroachments. ~_, ___ ,, ___ ....., I ~-....... ,. ,_ I • •1 ( I .o -0 _.I~ • •.,,. • ~I• ':,y_. . \ I -.. I ,, .-.l ", \ \ • ' I l .. , . \ \ ·.,1·· .··. ... '· . \.\ '· , . ... ' .. · \ ·, ' \\ \ .... ,. f~ \) (J) ~1 f ' 1: •I' •;: , I ., .,..t I It • I , I• f I .. l I ... ~ ... J:t.!: ,r I ,,' The resolutions were filed long ago. ~ Andy Triggs is placing a call to the County to see if the deeds are filed. Deeds were not filed because Wolvertons did not pay their 2002 taxes until October 2002. Goldberg Lot Line Rearrangement (Loma Linda) We did not receive final legal descriptions to do a final recording of the new legals. Gronberg needs to provide the new legals for the lots and the d&u easements. * Resolutions are in the zoning file. 2, Manley (Fagerness) Has made a formal zoning application in October, 2002. Scheduled for the November 18, 2002 Planning Commission Meeting. Ed from Gustafson Design will be submitting the final site plan/survey late in the week of November 4-8. Johnson/Bryson Lot Line Rearrangement (Big Island) Chris Pierson, their attorney, has the 3 original copies of the survey that are still in need of property owners signatures. All recording information is in the zoning file. If you recall this application was originally made in 1999, but due to the property owners not wanting to remove a third cabin at that time it was not completed until 2002. *· 7, c( All original documents are in the zoning file. This can be mailed to Andy Triggs once Mr. Pierson has returned the surveys, with signatures. Hope Chest for Breast Cancer * A draft Developer's Agreement is in the zoning file, it is saved at b&z/paul/misc/HOPECHEST.dev.doc. Only the Dev. Agreement will be file~, there is no resolution. Once Ms. Heneley has purchased the property they will do the final design work for all the required improvements, we then need to review them and get a final improvement estimate for the letter of credit. All required improvements are listed on the Notice of Council Action in the zoning file. We are still waiting for the color air photos and new wetland layers from the BCD:' They can be loaded anywhere on the server. That way they will be available to all users. New 2002/2003 parcel basemaps and associated bdase files have been ordered from Hennepin County. d J A complete file of all GIS related info. is in the hands of Matt. (Matt, feel free to call me if you have any questions. I'll get you my number if you have any questions. I am available after hours ifthere is anything else you need.) Gerald Clark This has been turned over to Barrett. A meeting with Barrett will be required to discuss ,/, the appropriate legal action. A final letter, dated October 4, 2002 was mailed to Mr. ~ \ \'." Clark notifying him that this item has been turned over the City Attorney's office. cJJ t, Work Session Pass/Stubbs Stormwater Fees Are Pass' and Stubbs' owed$ back if the City changes policy regarding payment of fees't r Driveway on Fox Street / (IJ We have not heard from the property owners or architect. They will need to provide us plans prior to being heard by the Council. Wants to as1 ouncil t.Ml llow t~m,o build their house without connecting to sewer. ~' ~ ,;rJ~~ I S<i:r. _, ~ Mr. Fra m ~ the easemen documents about a year ago and has never returned them. uzak submitted a letter requesting to have this discussion with the Council, but we did not get the letter early enough to get them on the 10/28 agenda. My feeling is he wants the 11/12 agenda. I have notified him that he will need a renewal variance to continue with his project even if the Council allows him to connect a new house to septic. He wants to discuss that with the Council since he feels he would not need a renewal. His year will have expired. I think he needs a renewal variance. ~ r-I TELECOPY COVER LETTER Please deliver the following page(s) to: Name: Rolfe Worden TodJ W,l~ori From: Paul Weinberger, Zoning Administrator/Planner Total number of pages including this cover letter: Date: October 25, 2001 IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS POSSIBLE. Phone: (952) 249-4600 and ask for: Paul Our fax number is: (952) 249-4616 Additional Message: Mr. Worden: This is a list of the property legal descriptions and PIDs for the lots Bill Franklin has agreed to grant a utility easement. 08-117-23 310006 08-117-23 31 0007 08-117-23 31 0008 08-117-23 31 0009 08-117-23 31 0010 08-117-23 310011 08-117-23 310012 08-117-23 31 0013 08-117-23 310014 08-117-23 31 0016 08-117-23 31 0017 08-117-23 310018 Lot 21, Block 1, Baldur Park Lot 22, Block 1, Baldur Park Lot 23 , Block 1, Baldur Park Lot 24, Block 1, Baldur Park Lot 25, Block 1, Baldur Park Lot 26, Block 1, Baldur Park Lot 27, Block 1, Baldur Park Lot 28 , Block 1, Baldur Park Lot 29, Block 1, Baldur Park Lot 31, Block 1, Baldur Park Lot 32, Block 1, Baldur Park Lot 33, Block 1, Baldur Park Please do not hesitate to contact me at (952) 249-4623 should you have any questions . Thank you, I I I . ' . S-e .~ ~-.q_~L f a.. / l -f ID '> 5>911e J 6~ 11/u/o 1 0g'-fl7 -23 3/ ~ i 2. 3 . CJ · Z'f /0 2-~ I/ 2 0 /2 2-7 /3. 2-&- I </ 2. '1 I tp 3/ /7, 32 / y1 33 r:;! Lof 21 Cont rmat ion Report -Memory Send Time Oct-08-2001 12:08pm Tel I ine +9522494616 Name CITY OF ORONO Job number 370 Date Oct-OB 12:03pm To 4719455 Document pages 008 Start time Oct-OB 12:03pm End time Oct-OB 12:08pm Pages sent 008 Status OK Job number 370 *** SEND SUCCESSFUL *** TELECC>PY Ct:>VER. LETTER, Please deliver t:he following page(s) t:o: Name: Fred·Puzak From: Paul Weinberger. Zoning Aclmio.isn-a:tor/Planner Total number o-£ pages including t:his cover letter: Dat:e: October 8, 2001 TF VOU DO NOT R.ECE1V.E AL,l, THE PAGES PLt~ASE CALL US AS SOON AS POSS1DL.E. Phone: (952) 249-4600 ru:,d ask for: Our fax number is: (952) 249-4616 At:cachmencs: P,,ul Draft: Planning Co.u,.mission ~i:n.uC:es (Septe.rnber 17, 2001} Copy of Let:t:er Ext:en.ding Application Deadline CITY of ORONO October 8, 2001 Mr. Fred Puzak 1340 Baldur Park Road Wayzata, I\lfN 55391 Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 NOTIFICATION OF 60 DAY EXTENSION RE: Application #01-2714 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 State law requires that Cities shall decide on zoning applications within 60 days from the date an application is considered complete. The review period may be extended by notification to the applicant. Your application date is Awrnst 22. 2001 The 60 day review period expires on October 21. 2001. The Planning Commission recommended approval of your application at their meeting on September 17, 2001 subject to the condition final septic or sewer design be submitted to the City of Orono and approved prior to City Council review. The earliest the City Council can take action on this item is October 1 2.2001. Because the 60 day review period expires prior to the Council meeting the City of Orono has extended the review period an additional 60 days to December 20. 2001. Please do not hesitate to contact me should you have questions. Sincerely, ?~?J~ Paul Weinberger Zoning Administrator/Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us : .a..0 }l~ ,,,,;0 ~--<y --~-- !; o\'· J 0 II .. -1-) 1 1 1 '\~ . /.~,. ::,.., \'$-, ;, .. ',I, E,.,I, \\-t$'> \<:l . .'.\ ~1/ \'-,,< ' ·. }"• j\\J'~ 0 // . <1.l(iiJsgo~~ ) CITY of ORONO P.O. BOX66 CRYSTAL BAY. MINNESOTA 55123 Mr. Fred Puzak 1340 Baldur Park Road Wayzata, MN 55391 \ ! r, ~"~ 3 ~,. 1 ,-!: i# ... ____ * •*,\fMETER** _ J'I -1102747 TELECOPY COVER LETTER Please deliver the following page(s) to: Name: Fred Puzak From: Paul Weinberger, Zoning Administrator/Planner Total number of pages including this cover letter: Date: October 8, 2001 IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS POSSIBLE. Phone: (952) 249-4600 and ask for: Paul Our fax number is: (952) 249-4616 Attachments: Draft Planning Commission Minutes (September 17, 2001) Copy of Letter Extending Application Deadline MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17, 2001 6:30 o'clock p.m. Stoddard moved, Smith seconded, to recommend approval of Application #01-2715, John M. Bailey, 2807 Casco Point Road, granting of a variance to permit structural repairs and addition of a foundation to an existing detached garage, and granting of a variance to hardcover in the 75-250' setback to permit 40 square feet of additional sidewalk to connect the patio and deck located to the west side of the house, subject to the garage meeting all applicable Fire and Building Codes and a building permit being obtained for the replacement of the deck. VOTE: Ayes 7, Nays 0. (#13) #01-2714 FREDERICK PUZAK, 1340 BALD UR PARK ROAD, VARIANCES, 9:15 p.m. -9:45 p.m. Fred Puzak, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant is requesting variances to permit new construction on the property. The Applicant is proposing to tear down the existing residence and construct a new residence. The property is located at the end of the Baldur Park Peninsula, with the majority of the lot being located within 75 feet of the lakeshore. Variances to hardcover in the 0-75' setback area is required to permit 9.8 percent hardcover where 12.4 percent currently exists. A variance to hardcover is also required in the 75-250' setback area to allow 63.6 percent hardcover where 70.9 percent currently exists. A third variance is required to permit the house to be located 48 feet from the lakeshore, within the 75 feet required setback. Weinberger stated one of the main issues with this application is the septic. The property is located within the MUSA area, with the Applicant's house being the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of PAGE27 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17, 2001 6:30 o'clock p.m. the public maintained Baldur Park Road. Due to some issues not within the Applicant's control, he has been unable to connect to City sewer. In 1982, the Council had approved a preliminary plat subdivision for two lots between the Applicant's property and the end of the maintained Baldur Park Road. The Applicant's property is not connected to sewer because he does not have an easement for utility or sewer purposes out to Baldur Park Road. Weinberger stated the Applicant has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than three feet above the seasonal water table. The system is not compliant with all regulations because the entire drainfield site is located within 75 feet of the lakeshore. In order for the City of Orono to permit construction of a new home on this site, it must comply with one of the following: one, the new house must be connected to sanitary sewer service, or two, the new house must be connected to a conforming septic system meeting all the local and state standards. Since the existing system is located within 75 feet of the lakeshore, the new house cannot be connected to the existing system. The Applicant must provide designs for two conforming septic systems on the individual lot on which the house is being constructed. The Applicant will need to submit septic testing to show that there are two conforming septic sites. A third option would be that the Applicant obtain an easement for municipal sewer connection purposes from the adjacent property owner, which to date he has been unsuccessful in doing. Puzak stated he was able to amend his plan in response to Mr. Weinberger's report and obtain testing which demonstrates two suitable septic sites. Lindquist inquired whether whether they are located on Lot 31 and are more than 75 feet from the lake. PAGE28 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17, 2001 6:30 o'clock p.m. Puzak stated they are on Lot 31 and are more than 75 feet from the property. Puzak stated SP Testing did find two septic sites. Puzak indicated he would be willing to connect up to City sewer when it becomes available. Lindquist inquired whether those two other lots are considered buildable. Puzak stated the propetiy owner of those two lots would like to rezone the property to multi-family and build townhomes on those lots. Puzak stated he is not interested in subsidizing sewer to those two lots and would like to wait until that property owner connects to City sewer. Gaffron stated the City would like to see these properties connected to City sewer if at all possible. Mabusth inquired whether the City has a copy of the lease giving the Applicant the right to have septic on Lot 31. Gaffron stated there are copies of that lease in the file. Puzak stated it is actually an easement that he owns. Stoddard stated in his opinion structural coverage should be limited to 15 percent. Stoddard requested the building pad be illustrated on the survey. Rahn inquired why both septic sites are on the adjoining property. Puzak stated he has a deeded easement over the adjoining property for septic purposes. Puzak stated he would prefer Option 1 under Staffs recommendations. Puzak stated he is not requesting a building permit at this time but is requesting variances to proceed forward with construction of a new house. Hawn noted the adjoining property could not be built on since it has a deeded easement over it. Puzak stated the old foundation would be entirely removed. Puzak indicated he would like to construct a new residence in order to accommodate his larger family. Hawn inquired if Lot 3 I is included in the total area, what impact that would have on the hardcover numbers. Weinberger stated the hardcover numbers in the 75-250' setback would be approximately 35 percent. PAGE29 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17, 2001 6:30 o'clock p.m. Gaffron stated there is a possibility that once this property is hooked up to City sewer and the adjoining property is no longer needed for septic reasons, that the easement may no longer exist. Puzak stated the easement is still valid even if his property is hooked up to City sewer. Smith noted a po1tion of the reduction in hardcover is the result of the removal of plastic. Puzak stated a small portion of the reduction comes from the removal of plastic, with the remaining reduction coming from the driveway being reduced. Mabusth inquired whether the Council would approve new construction within the MUSA area that is not connected to City sewer. Gaffron stated the City has approved one other similar situation in the mid 1980s on Saga Hill. The Council said if the pro petty owner could prove they had adequate septic, they could proceed with development of that lot without hooking up to City sewer. Gaffron stated in this case the sewer line does not abut this property, with the property owner at the present time not having access to the sewer line. Gaffron stated in his view the Applicant faces a hardship by not being able to obtain an easement in order to connect to City sewer. Gaffron stated the City septic inspector would need to review the septic sites. Hawn stated the Planning Commission could table this application in order to allow the septic inspector time to review the septic sites to determine whether they are conforming. Puzak stated he has contacted the City's septic inspector who indicated he could complete a review of the septic areas prior to the City Council meeting. Gaffron inquired whether the well would be relocated. Puzak stated the well would only need to be moved at which time a second or alternate site would be put into effect. Puzak indicated the well is approximately 25 years old and will probably need to be replaced at about the same time another septic site is needed. Rahn inquired what the current septic system is designed for. PAGE30 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17, 2001 6:30 o'clock p.m. Puzak stated the current septic system is serving a five-bedroom house. The proposed site could handle a five-bedroom house. Gaffron stated the City's septic inspector would need to review the septic sites to determine whether they will be allowed. Puzak stated the septic issue would be resolved prior to a building permit being obtained. Stoddard indicated he is in favor of this application subject to the septic being reviewed. Hawn noted the Applicant is proposing to meet the 15 percent structural coverage, but will still require a hardcover variance given the situation. Lindquist inquired whether there are any bluff issues with this application. Gaffron stated the area near the lake does not rise high enough to be considered a bluff. Stoddard noted the lot does have some hardships inherent to the land. Lindquist stated he would prefer to have the residence hooked up to City sewer if possible and would recommend to the City Council that they review extending the sewer line in this area. Lindquist stated he does not have a problem with the application subject to the sewer issue being reviewed. Rahn inquired when the I ,500 square feet is applied and when the 15 percent is applied. Hawn stated whichever is more. Gaffron stated any lot that is under l 0,000 square feet is allowed up to 1,500 square feet structural coverage, with any lot under two acres being allowed 15 percent of the entire lot area. Puzak stated the structural coverage would be at 15 percent. Smith noted the total hardcover does increase by over 500 square feet, with the total structural coverage does increase by over 1,000 square feet. Weinberger stated there are two sets of hardcover numbers included in the report, with one set being the total hardcover and the other set including the plastic. Weinberger stated the hardcover increases by .2 percent in the 0-75' area and decreases in the 75-250' setback by approximately PAGE 31 7 percent. MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17, 2001 6:30 o'clock p.m. Smith stated the Planner's Report notes that the total hardcover increases from 1,601 to 2,105 square feet, and the total structural coverage increase on the property is 1,009 square feet. Gaffron stated the total hardcover devoted to structure in the 75-250' area increases, which is different than total hardcover. Gaffron noted the Applicant would be reducing the size of the driveway. Lindquist pointed out the Applicant is proposing structural coverage at 15 percent. Smith stated the existing is I 0.3 percent. Smith stated the Applicant is adding additional structural coverage and hardcover. Smith inquired why the hardcover is increasing. Gaffron stated the report says the total hardcover devoted to structure is increasing. Lindquist indicated the hardcover is actually being reduced. Gaffron stated that is because the driveway is being reduced. Gaffron stated the existing total hardcover, excluding plastic, is 48.44 percent, with the proposed hardcover being 45.60, excluding plastic. There were no public comments regarding this application. Lindquist moved, Hawn seconded, to recommend approval of Application #01-2714, Frederick Puzak, 1340 Baldur Park Road, granting of variances to hardcover and lakeshore setback to permit the construction of a new residence, subject to two conforming septic sites being verified prior to this application proceeding to City Council, and further subject to the conditions outlined on Page Four of the August 13, 2001 Planner's Report, with a recommendation to the City Council that if at all possible connection to City sewer would be preferred. VOTE: Ayes 7, Nays 0. PAGE32 CITY of ORONO October 8, 2001 Mr. Fred Puzak 1340 Baldur Park Road Wayzata, MN 55391 Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 NOTIFICATION OF 60 DAY EXTENSION RE: Application #01-2714 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 State law requires that Cities shall decide on zoning applications within 60 days from the date an application is considered complete. The review period may be extended by notification to the applicant. Your application date is August 22. 2001 The 60 day review period expires on October 21. 2001. The Planning Commission recommended approval of your application at their meeting on September 17, 2001 subject to the condition final septic or sewer design be submitted to the City of Orono and approved prior to City Council review. The earliest the City Council can take action on this item is October 22.2001. Because the 60 day review period expires prior to the Council meeting the City of Orono has extended the review period an additional 60 days to December 20. 2001. Please do not hesitate to contact me should you have questions. Sincerely, ?<¾Aw~ Paul Weinberger Zoning Administrator/Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.rnn.us MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17, 2001 . 6:30 o'clock p.m. (#01-2715 John M. Bailey, Continued) Stoddard moved, Smith seconded, to recommend approval of Application #01-2715, John M. Bailey, 2807 Casco Point Road, granting of a variance to permit structural repairs and addition of a foundation to an existing detached garage, and granting of a variance to hardcover in the 75-250' setback to permit 40 square feet of additional sidewalk to connect the patio and deck located to the west side of the house, subject to the garage meeting all applicable Fire and Building Codes and a building permit being obtained for the replacement of the deck. VOTE: Ayes 7, Nays 0. . (#13) #01-2714 FREDERICK PUZAK, 1340 BALDUR PARK ROAD, VARIANCES, 9:15 p.m. -9:45 p.m. Fred Puzak, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant is requesting variances to permit new construction on the property. The Applicant is proposing to tear down the existing residence and construct a new residence. The property is located at the end of the Baldur Park Peninsula, with the majority of the lot being located within 75 feet of the lakeshore. A variance to hardcover in the 0-75' setback area is required to perm'it 9.8 percent hardcover where 12.4 percent currently exists. A variance to hardcover is also required in the 75-250' setback area to allow 63.6 percent hardcover where 70.9 percent currently exists. A third variance is required to permit the house to be located 48 feet from the lakeshore, within the 75 feet required setback. Weinberger stated one of the main issues with this application is the septic . The property is located within the MUSA area, with the Applicant's house being the only house on Baldur Park not connected to sanitary sewer . The property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road .· Due to some issues not within the Applicant's control, he has been unable to connect to City sewer. In 1982, the Council had approved a preliminary plat subdivision for two lots between the Applicant's property and the end of the maintained Baldur Park Road. The Applicant's property is not connected to sewer because he does not have an easement for utility or sewer purposes out to Baldur Park .Road. Weinberger stated the Applicant has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than three feet above the seasonal water table. The system is not compliant with all regulations because the entire drainfield site is located within 75 feet of the lakeshore. In order for the City of Orono to permit construction of a new home on this site, it must comply with one of the following: one, the new house must be connected to sanitary sewer service, or two, the new house must be connected to a conforming septic system meeting all the local and state standards. Since the existing system is located within 75 feet of the lakeshore, the new house cannot be connected to the existing system. The Applicant must provide designs for two conforming septic systems on the individual lot on which the house is being constructed. The Applicant will need to submit septic testing to show that there are two conforming -PAGE20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17, 2001 6:30 o'clock p.m. (#01-2714 Frederick Puzak, Continued) septic sites. A third option would be that the Applicant obtain an easement for municipal sewer connection purposes from the adjacent property owner, which to date he has been unsuccessful in doing. Puzak stated he was able to amend his plan in response to Mr. Weinberger's report and obtain testing which demonstrates two suitable septic sites. Lindquist inquired whether whether they are located on Lot 31 and are more than 75 feet from the lake. Puzak stated they are on Lot 31 and are more than 75 feet from the property. Puzak stated SP Testing did find two septic sites. Puzak indicated he would be willing to connect up to City sewer when it becomes available. Lindquist inquired whether those two other lots are considered buildable. Puzak stated the property owner of those two lots would like to rezone the property to multi-family and build townhomes on those lots. Puzak stated he is not interested in subsidizing sewer to those two lots and would like to wait until that property owner connects to City sewer. Gaffron stated the City would like to see these properties connected to City sewer if at all possible. Mabusth inquired whether the City has a copy of the lease giving the Applicant the right to have septic on Lot 31. Gaffron stated there are copies of that document in the file. Puzak stated it is actually an easement that he owns. Stoddard stated in his opinion structural coverage should be limited to 15 percent. Stoddard requested the building pad be illustrated on the survey. Rahn inquired why both septic sites are on the adjoining property. Puzak stated he has a deeded easement over the adjoining property for septic purposes. Puzak stated he would prefer Option 1 under Staffs recommendations. Puzak stated he is not requesting a building permit at this time but is requesting variances to proceed forward with construction of a new house. Hawn noted the adjoining property could not be built on since it has a deeded easement over it. Puzak stated the old foundation would be entirely removed. Puzak indicated he would like to construct a new residence in order to accommodate his larger family. Hawn inquired if Lot 31 is included in the total area, what impact that would have on the hardcover numbers. PAGE21 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17, 2001 6:30 o'clock p.m. (#01-2714 Frederick Puzak, Continued) Weinberger stated the hardcover numbers in the 75-250' setback would be approximately 35 percent. Gaffron stated there is a possibility that once this property is hooked up to City sewer and the adjoining property is no longer needed for septic reasons, that the easement may no longer exist. Puzak stated the easement is still valid even if his property is hooked up to City sewer. Smith noted a portion of the reduction in hardcover is the result of the removal of plastic. Puzak stated a small portion of the reduction comes from the removal of plastic, with the remaining reduction coming from the driveway being reduced. Mabusth inquired whether the Council would approve new construction within the MUSA area that is not connected to City sewer. Gaffron stated the City has approved one other similar situation in the mid 1980s on Saga Hill. The Council said if the property owner could prove they had adequate septic, they could proceed with development of that lot without hooking up to City sewer. Gaffron stated in this case the sewer line does not abut this property, with the property owner at the present time not having access to the sewer line. Gaffron stated in his view the Applicant faces a hardship by not being able to obtain an easement in order to connect to City sewer. Gaffron stated the City septic inspector would need to review the septic sites. Hawn stated the Planning Commission could table this application in order to allow the septic inspector time to review the septic sites to determine whether they are conforming. Puzak stated he has contacted the City's septic inspector who indicated he could complete a review of the septic areas prior to the City Council meeting. Gaffron inquired whether the well would be relocated. Puzak stated the well would only need to be moved at which time a second or alternate site would be put into effect. Puzak indicated the well is approximately 25 years old and will probably need to be replaced at about the same time another septic site is needed. Rahn inquired what the current septic system is designed for. Puzak stated the current septic system is serving a five-bedroom house. The proposed site could handle a five-bedroom house. Gaffron stated the City's septic inspector would need to review the septic sites to determine whether they will be allowed. Puzak stated the septic issue would be resolved prior to a building permit being obtained. PAGE22 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17, 2001 6:30 o'clock p.m. (#01-2714 Frederick Puzak, Continued) Stoddard indicated he is in favor of this application subject to the septic being reviewed. Hawn noted the Applicant is proposing to meet the 15 percent structural coverage, but will still require a hardcover variance given the situation. Lindquist inquired whether there are any bluff issues with this application. Gaffron stated the area near the lake does not rise high enough to be considered a bluff. Stoddard noted the lot does have some hardships inherent to the land. Lindquist stated he would prefer to have the residence hooked up to City sewer if possible and would recommend to the City Council that they review extending the sewer line in this area. Lindquist stated he does not have a problem with the application subject to the sewer issue being reviewed. Rahn inquired when the 1,500 square feet is applied and when the 15 percent is applied. Hawn stated whichever is more. Gaffron stated any lot that is under 10,000 square feet is allowed up to 1,500 square feet structural coverage, with any lot under two acres being allowed 15 percent of the entire lot area. Puzak stated the structural coverage would be at 15 percent. Smith noted the total hardcover does increase by over 500 square feet, with the total structural coverage does increase by over 1,000 square feet. Weinberger stated there are two sets of hardcover numbers included in the report, with one set being the total hardcover and the other set including the plastic. Weinberger stated the hardcover increases by .2 percent in the 0-75' area and decreases in the 75-250' setback by approximately 7 percent. Smith stated the Planner's Report notes that the total hardcover increases from 1,601 to 2,105 square feet, and the total structural coverage increase on the property is 1,009 square feet. Gaffron stated the total hardcover devoted to structure in the 75-250' area increases, which is different than total hardcover. Gaffron noted the Applicant would be reducing the size of the driveway. Lindquist pointed out the Applicant is proposing structural coverage at 15 percent. Smith stated the existing is 10.3 percent. Smith stated the Applicant is adding additional structural coverage and hardcover. Smith inquired why the hardcover is increasing. Gaffron stated the report says the total hardcover devoted to structure is increasing. PAGE23 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 17, 2001 6:30 o'clock p.m. (#01-2714 Frederick Puzak, Continued) Lindquist indicated the hardcover is actually being reduced. Gaffron stated that is because the driveway is being reduced. Gaffron stated the existing total hardcover, excluding plastic, is 48.44 percent, with the proposed hardcover being 45.60, excluding plastic. There were no public comments regarding this application. Lindquist moved, Hawn seconded, to recommend approval of Application #01-2714, Frederick Puzak, 1340 Baldor Park Road, granting of variances to hardcover and lakeshore setback to permit the construction of a new residence, subject to two conforming septic sites being verified prior to this application proceeding to City Council, and further subject to the conditions outlined on Page Four of the August 13, 2001 Planner's Report, with a recommendation to the City Council that if at all possible connection to City sewer would be preferred. VOTE: Ayes 7, Nays 0. PLANNING COMMISSION COMMENTS (#15) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON AUGUST 27, 2001 AND SEPTEMBER 10, 2001 Lindquist stated he attended the August 27 th Council meeting where all planning items were placed on the Consent Agenda. Lindquist stated the Council did discuss the lake access points. Hawn inquired whether Gaffron has any information concerning the September 10 th Council meeting, noting Kluth did not attend the entire meeting. Gaffron stated the boat storage issue was discussed. The Council eventually approved a maximum length of 3 0 feet for boats that can be stored outside without screening and grandfathering in all boats that are presently stored outside that are longer than 30 feet. Hawn inquired how City Staff would be able to verify that. Gaffron stated Staff has discussed that issue and are unsure at this time how to deal with that issue. The Council also approved a five-foot lot line setback, with a IS-foot setback from any neighbor's house. The Council also approved the requirements for licensing, two years for restoration, and that the entire lakeshore lot should be available for boat storage. On a nonlakeshore lot the Council approved a 20-foot or shorter boat to be stored in the front yard or driveway. The Council felt that a 44-foot length boat was too large to be stored on private property and went with a 30-foot maximum. Hawn inquired whether the grandfathering of the boats goes with the property. Gaffron stated the grandfathering goes with the boat and not with the property. In addition, the Council also said they would like Staff to enforce this Ordinance only on complaint. PAGE 24 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#0l -2714 , as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of SEPTEMBER, 2001. Denise M. Leskinen \ r ORONO PLANNING COMMISSION Monday September 17, 2001 6:30 PM 2750 Kelley Parkway -Council Chambers AGENDA Council Representative: Mayor Peterson AUDIENCE MEMBERS·: 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 October 8, 2001 City Council meeting unless othenvise noted by the Chair. OLD BUSINESS Review of these items will commence before or between scheduled public hearings. -1. #01-2689 Mandeep Sodhi, 4080 Dahl Road, After-The-Fact Variances and Conditional Use Permit (Staff: Paul Weinberger) , 2. #01-2699 Jay and Kendall Nygard, 1386 Rest Point Road, Variances (Staff: Paul Weinberger) , 3. #01-2702 Fine Line Design Group, 3551 Livingston Avenue, Renewal of Variances (Staff: Wendy Bottenberg) NEW BUSINESS Review of these items will commence before or between scheduled public hearings. 1 4. #01-2706 Richard and Jane Stark, 815 Partenwood Road, Renewal of Variances (Staff: Wendy Bottenberg) . 5. #01-2708 Michael and Jeanie McClelland, 2170 Minnetonka Avenue, Variances (Staff: Paul ·weinberger) 6. #01-2709 Richard R. Shull, 2285 French Lake Road, Variances (Staff: Wendy Bottenberg) r 7. #01-2710 Donald and Joanne Davidson, 568 Keene Avenue, Variances (Staff: Wendy Bottenberg) / 8. #01-2713 Diane and Douglas Merz, 380 Turnham Road, After-The-Fact Variance, (Staff: Wendy Bottenberg) .. r 9. #01-2716 Brenshell Development, 2200 Shadywood Road, Variances, (Staff: Wendy Bottenberg) ,,. 10. #01-2717 Ted and Jody Spooner, 700 Tonkawa Road, After-The-Fact Variances and Conditional Use Permit, (Staff: Wendy Bottenberg) 11. #01-2715 John M. Bailey, 2807 Casco Point Road, Variances, (Staff: Paul Weinberger) 12. #01-2711 Western Steel Erection, Inc. 2687 Wayzata Boulevard, Conditional Use Permit, (Staff: Paul Weinberger) 13. #01-2714 Frederick Puzak, 1340 Baldur Park Road, Variances, : (Staff: Paul Weinberger) SCHDULED PUBLIC HEARING 8:00 P.M. 14. #01-2718 Proposed Zoning Code Amendment, Section 10.03, Fence Standards (Staff: Mike Gaffron) PLANNING COMMISSION COMMENTS 15. Report of Planning Commission representatives attending Council meetings August 27, 2001 and September 10, 2001. 16. Other issues for discussion. 17. Planning Commission approval of minutes for August 20, 2001. 18. Selection ofrepresentatives for City Council meetings on September 24, 2001 and October 8, 2001. ADJOURNMENT CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, 1\-IN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission \\ill hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, September 17, 2001, beginning at 6:30 p.m. on the matter of reviewing the following land use applicat~ons: 1. 2. .., ., . 4. 5. 6. 7. #01-2689 #01-2699 #01-2702 #01-2706 #01-2708 #01-2709 #01-2710 Mandeep Sodhi, 4080 Dahl Road, requests after-the-fact variances and a conditional use permit to permit replacement of a stairway and retaining walls within 75' of the lakeshore and to review a restoration plan for intensive vegetation removal on a bluff. Jay and Kendall Nygard, 1386 Rest Point Road, request variances to permit a 17.5' X 8' addition to the house located 7.5' to the side property line where a 10' setback is required and to permit 4,387 s.f. (55.4%) hardcover within the 75-250' lakeshore setback where 25% is allowed. Fine Line Design Group, 3551 Livingston Avenue, requests renewal of variances to permit construction of a single family home on lot with a defined lot \.vidth of 50' and lot area of 6,725 s.f. in the LR-1 C zoning district where a minimum lot width of 100' and lot area of½ acre are required. Richard and Jane Stark, 815 Partenwood Road, request renewal of variances to permit an addition to the lakeside of the house constituting new structure and hardcover within 75' of the lakeshore, where no new hardcover and structure are permitted. Michael and Jeanie McClelland, 2170 Minnetonka Avenue, request variances to permit construction of a 6' fence within a street yard where a 3 ½' fence is permitted. Richard R. Shull, 2285 French Lake Road, requests variances to 0-75' hardcover and 75-250' hardcover requirements to permit additions to the house located within 150' to French Lake, a Natural Environmental lake, where no new structure is permitted; and to permit an addition to the house encroaching into the average lakeshore setback. Donald and Joanne Davidson, 568 Keene Avenue, request variances to permit construction of a nevv residence on a property with a defined lot width of 154' and a defined lot area of 21,839 s.f. (.5 acre) where a minimum lot width of 200' and lot area of 87,120 s.f. (2 acres) is required for lots in the RR-1 B zoning district; and to permit construction of the residence 45 .5' from the front property line, 30' from the west side property line, and 30' from the ..• 8. #01-2711 9. #01-2712 10. #01-2713 11. #01-2714 12. #01-2715 13. #01-2716 14. #01-2717 rear property line, where 50' is required; and 29.5' from the east side property line where a 30' setback is required. Western Steel Erection, Inc. having an interest in property located at, 2687 Wayzata Boulevard, requests a conditional use permit to permit outside storage on the east side of the property for company trucks, welders, and cranes; and to install a private motor fuel station including the installation of a 1,000 gallon tank for use by the Western Steel Erection, Inc. company equi~ment and vehicles. S. Scott Standa, 2659 Casco Point Road, requests after-the-fact variances to permit replacement of an 8' X 12' deck attached to a boathouse within the 0- 75' lakeshore setback. Diane and Douglas Merz, 380 Turnham Road, request after-the-fact variance to permit a 6.2' X 10.5' covered porch within the 100' front yard setback to the front property line. Frederick Puzak, 1340 Baldur Park Road, requests variances to permit construction of a new residence located within 75' of the lakeshore and requiring variances to permit 1,675 s.f. (9.8%) hardcover in the 0-75' setback where no hardcover is allowed and 2,885 s.f. (63.5%) hardcover in the 75- 250' setback. John M. Bailey, 2807 Casco Point Road, requests variances to allow alteration, including construction of anew foundation, to an existing detached garage located 1.1' to the east side property line where a 1 0' setback is required and an after-the-fact variance to permit additional non-conforming hardcover within the 75-250' setback for a paved concrete walk between the deck and patio. Brenshell Development, 2200 Shadywood Road, requests variances to lot area and width to permit construction of a new residence; variances to permit 28% hardcover in the 75-250' lak~shore setback where 25% is allowed and 66% hardcover in the 250-500' setback where 30% is allowed; and variances to permit the parking area and driveways to encroach on the side yard setbacks. Ted and Jody Spooner, 700 Tonkawa Road, request after-the-fact variances and a conditional use permit and review of a landscaping plan to permit replacement and alteration to existing retaining walls within the 0-75' lakeshore setback. . . All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and shall be submitted to the City of Orono by September 10, 2001. Plans are available in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission Paul Weinberger,Zoningdministrator/Planner To be published the week of September 1, 2001. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, Sep te mber 17. 2001, beginning at 6:30 p .m. on the matter of reviewing the following land use applications: . 1. #01-2689 Mandeep Sodhi, 4080 Dahl Road, requests after-the-fact variances and a condit ional use permit to permit replacement of a stairway and retai ning walls with in 75' of the lakeshore and to review a restoration plan for intensive vegetation removal on a bluff. 2. #01-26~9 Jay and Kendall Nygard, 1386 Rest Point Road , request variances to permit a 17 .S'X8' addition to the house located 7.5' to the side property line where a 1 0' setback is required and to permit 4,387 s.f. (55.4%) hardcover within the 75-250' lakeshore setback where 25% is allowed. 3 . #01-2702 Fine Line Design Group 3551 Livingston Avenue, request~ renewal of variances to permit construction of a single family home on lot with a defined lot width of SO' and lot area of 6.725 s.f. in the LR- 1 C zoning district where a minimum lot width of 100' and lot area of 1/2 acre are required . 4. #01-2706 Richard and Jane Stark, 815 Partenwood Road, request renewal of var iances to permit an addition to the lakeside of the house constituting new structure and hardcover within 75' of the lakeshore, where no new hardcover and structure are permitted . 5 . #01-2708 Michael and Jeanie McClelland, 2170 Minnetonka Avenue , request variances to permit construction of a 6' fence within a street yard wh·ere a 3 1/2' fence is permitted . 6. #01-2709 Richard R. Shull, 2285 French Lake Road, requests variances to 0-75' hardcover and 75-250 ' hardcover requirements to permit additions to the house located within 150' to French Lake, a Natural Environmental lake, where no new structure is permitted; and to permit an addition to the house encroaching into the average lakeshore setback. 7. #01-2710 Donald and Joanne Davidson, 568 Keene Avenue, request variances to permit construction of a new reside nce on a property with a defined lot width of 154' and a defined lot area of 21,839 s.f. (.5 acre) where a minimum lot width of 200' and lot area of 87,120 s.f. (2 acres) is required for lots in the RR-1 B zoning district; and to permit construction of the residence 45 .5 ' from the front property line, 30 ' from the west side property line, and 30' from the rear property line, where SO' is required; and 29 .5' from the east side property line where a 30' setback is required . 8. #01-2711 Western Steel Erection , 7 Inc. having an interest in property located -at 268~ , Wayzata Boulevard, requests ~ cond111onal use permit to permit outside . storage on the east side of the property for company trncks, welders, and cranes, and to · install a private motor fuel station including the installation of a 1,000 gallon tank for use by the Western Steel Erection , Inc. company equipment and vehicles . 9. #01-2712 S . Scott Standa 2659 Casco Point Road, requests after-ihe-fact · variances to permit replacement of an 8'X12' deck attached to a boathouse within the 0-75' lakeshore setback . 10 . #01-2713 Diane and Douglas Merz 380 Turnham Road, request after-the-faci variance to permit a 6.2'X10.5' covered porch w1th1n the 100' front yard setback to the front property line . 11. #01 -2714 Frederick Puzak , 1340 Ba_ldur Park Road, requests variances tci permit construction of a new residence I located within 75' of the lake.shore and requiring variances to perm i t 1,675 f3.f . (!:l ,8%) hardcover i n the 0-75 ' setback where no hardcover is allowed and 2.885 s.f. (63 .5%)' hardcover in the 75-250' setback. 12 . #?1 -27 15 John M. Bailey , 2807 Casco Point Road , requests variances to allow alteration, including construction of a new foundation , to an existing detached garage located 1 J' to the ea'st side property ltne where a 1 0' setback is required and an after-the-fact variance to , permit additional non -c onforming hardcover within the 75-250' j sotbo.t,;k. for o po.vod ,:,onoro lo w::i.lk. botwoon the deck and patio. .· • 1· 13. #01-2716 Brenshell Development, 2200 Shadywood Road, requests variances to lot area and width to permit construction of a new residence; variances to ' permit 28% hardcover in the 75-250'1 lakeshore setback where 25% is allowed and 66% hardcover in the 250-500' setback where 30% is allowed ; and variances to permit the parking area and driveways to encroach on the side yard setbacks. · 14 . #01-2717 Ted and Jody Spooner, 700 Tonkawa Road , request after-t he-fact variances and a conditional use permit and review of a landscaping plan to permit replacement and alteration to existing retaining walls within the 0-75 ' lakeshore setback. All persons wishing to be heard are encouraged to attend this meeting. Writteri comments are accepted and shall be ' submitted to the City of Orono by September ··· 10 , 2001. Plans are available in the City Offices . For an appointment, please call (952) 249 -4600. City of Orono By : Planning Commission P au I Wein berger, Administrator/Planner Zoning (Published in The Laker and Pioneer September 1, 2001) Affia 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 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Land Use Application 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 1 st day of --=S=e~pc..s<t:..:.,e'-""m ...... b,_,_e'-'-r __ 2001 , and was thereafter printed and published every Saturday, to and including Saturday, the __ day of------..-----2001; llcti& Authorized Agent Suscribed and sworn to ms on this ::,t day :~-j;,-'~""'c>,_e"""p"'-;=1i=e=~""-~,.,__r...__ __ , 2001. ---¥--t"'"""...____,---=-"'-'--"'-N-o-ta_ry_P_u_b-li_c __ KRISTI HCLM NOTARY PUBLIC -~111:):ESOTA My Ccmmiss lo n E;:pires ~;~. 31 , : , '.'j (, Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15 .00 per inch. (2) Maximum rate allowed by law for above matter: $15 .00 . (3) Rate actually charged for above matter : $7.73 per inch . Each additional successive week: $5.62. 03/29/1999 13:40 City of Orono P. 0. Box66 612-471-'3204 Crystal Bay, .MN 55323 29 March 1999 Re: Baldur Park Rd Sewer Project Dear Mr. Gappa and Mr. Gaffron: PAGE 01 Co)Oept. Fs.x # I am writing to follow-up our meeting in the field today which was also attended by the city's consulting eng1neer. Tam concemer1 th:=it the cost of $50,000 - $60,000 (averaging approximately $100 per lineal foot) to provide 500 feet of 8" gravity sewer along with several catch basins and associated tree removal is comparatively prohibitive. Estimates for private 2'' pressurized sewer were at $10 -$12 per foot, with the complete system under $6,000. The cost for a new drain field at the location we discussed at least 75' from the lake was estimated at $5,000; soil borings indicate a mound system will not he required. Even with full credit for the assessment paid in 1968, compounded over 31 years at 8%, my cost for new 8" city sewer may be prohibitive, unless a greater portion can be assessed to the Franklin lotR. Considering the cost to re-plumb my lower level, along with the added cost of connecting to city sewer, it appears that the most cost-effective approach will be to build a new drain field (which will not require significant re-pl1.1mbing ofmy low.er l~vel), Additionally, the S.1avit:1gs.of ........................ . $70 per quatter will capilali:t.c: !:1 $5,600 improvement at 5% per annum. Please let me know the exact amount I will be credited for th1:: sewer assessment prepaid in 1968. If my additional assessment can not be held below $5,000 I will respectfully withdraw my request for city sewer and proceed with a new drain field. CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Application # 0 ( -:J1r 4 Date Received 8'/,;)a-{o I Amount Paid i{p3cJo . o o Site Address l1AD 13AL:DUR_ f¼-R\( @)A--V Property Identification Number (P.I.D.) 08.-H:J --Z,?, -~l bD I !?"" Attach legal description to applica!on if not included on required survey. Date P~ Acquired 6L 9-4 (month/year) I (do) ~) also own the adjacent parcels of land. Present use of property: ~residential __ other (specify) _________ _ Zoning District: I-~ -f C--· APPLICANT :B Name ~.,€~ U~ · Address: i,4D ~~~ OWNER (if different than applicant) Name ~5" Address: ------------- Phone . (home) C:, 52 411---~-CZ. q Phone (work) bl--Z ,.q L,J-gfq f City: l)ru)~ Zip: 5~'?( + ""'-1--'{7 / -'t t/SS Phone (home) _______ _ Phone (work) _______ _ City: ________ Zip: ___ _ J u \ i e.... T h om e f 7- DESCRIPTION OF REQUEST Estimated Cons:~ction Cost$ dPt>,eoo Describe request in detail: .i5,z;t:_ dAtMo"'~ shw-f:: (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback: Front Side '¼,_ Hardcover Rear __ Lot Coverage '¼, Average Lakeshore __ Other (specify) -----------------------~ HARDSHIPffiESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual proP.erty c nditiops preventing compliance with Zoning Code requirements: a:ui&_"t\-t-<J\\.~ -.~ (attach additional sheets if necessary) 6 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). 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 currrnt owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must· sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature ~)___ Date --=8=/1-·t_:!.~/1-0--'-l ___ _ OWNER'S SIGNATURE ff?.t:fDeR\<:_\(__ \--.J, 7u--z..A~, ~~~t~J) The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature St~). --Date 11:i/ztk,( Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 7 CITY of ORONO Municipal Offices Street Address: Mailing Address: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 DATA PRIVACY ADVISORY 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 determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the pem1it 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 City I understand my right Signature Telephone (612) 249-4600 • Fax (612) 249-4616 9 1 CITY OF ORONO -VARIANCE APPLICATION 1340 Baldur Park Rd., Orono, MN 55391 f>/&t./01 DESCRIPTION OF REQUEST Describe request in detail: Applicant respectfully requests lakeshore setback and hardcover variances required to replace a nonconforming two-family residence with a conforming single-family residence on a½ acre lot (21,559 sq. ft.) zoned LR-lC. The new construction will reduce ~over in the O -75' zone by ◄18 sq. ft. and will reduce hardcover in the 75 -250' 4 r ('t zonelyllllf sq. ft. The new home will be no closer to the lake than the existing f 1. rt structure, which is 48' back from elevation 929.4. The proposed structure meets side- yard setback, front-yard setback and 15% maximum structural coverage requirements, while curing an existing lot line/side-yard encroachment. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: A hardship exists in the fact that 79% of the lot area (17,021 sq. ft.) falls within the O - 75' lakeshore setback zone, leaving only a long and very narrow building envelope of26' tapering to 12' in width. The applicant's architect has worked with diligence and sensitivity to the site to provide a responsible solution to satisfy very challenging zoning requirements. The plan preserves existing trees and topography, while substantially reducing hardcover. ADDITIONAL INFORMATION APPLICANT THINKS APPROPRIATE On several occasions, applicant has met with city staff for guidance in approaching this hardship; staff's courteous and professional advice has been greatly appreciated. At staff's direction, the proposed structure has been located to eliminate the side-yard encroachment, and the originally proposed garage was rotated 90 degrees to eliminate need for a front-yard setback variance and to help reduce access hardcover in the O -75' zone. Staff's suggestion that hardcover be reduced has been accomplished. ·I i I t~ / L / Jl: J' ',,~ ' > . • I ~ ' ' '~, ' '' ' -.·-,, -·--, . ' '\f\ N. t !, '~ ! ' \.~'\ ! . ', I : : l . i l!i • ' i : I ' It ' I ~~ r ~ b; ~~ I~ ' I i ! I . 1 11 I t I ~ l ' ~-1 i (J u .u I --· " l '\ : -~ --., " .,_ ~~ I i . '· , ---: -~li __ ,1~=:=tifr ff"" ' -.,. ,· , \ I ............. .,.,..,, .. ,.~ 1 · ,.....u.. V I -........ _....~.• ........ ~ vl----~ ··---"1;"";;;::;;;;. :j::J_ ··--,;=::::::::s:'H11'. ' " ··-:;; ....... ·-r-tt----Jl..llil , V \ i ' I --'rt----~---·---_____ \ ~..j....... : --.. ~--•"·•··· ,r,-; tt..,s:JA:..,9~: -#,=·-:::ti---~~"':~~.:J,, llll1 i / I I ! I l ----1 .. I : : I l1T r .. Ill ·······-- = I I/ ----i--:-. ----··-- 1 i I .... I I I CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30, HENNEPIN BLOCK 1, COUNTY, BALDUR PARK MINNESOTA LAKE MINNETONKA LEGAL DESCRIPTION OF PREMISES : Lot 30, Block 1, Baldur Park, together with an easement tor private sewer system purposes aver Lot .31, Block 1, "Baldur Park", as contained in Doc. No. 1440581, Files of Registrar -of Titles, Hennepin County, Minnesota. o : denotes iron marker (970.1): denotes existing spot elevation, mean sea level datum ---964 ---: denotes existing contour line, mean sea level datum. NOTE Bearings shown ore based upon an assumed datum. This contour information is token from our survey doted 11-9-8 1. This survey intends to show the boundaries of the above described property, the location of on existing house, and the·_location of all visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. I t£RE8'r'.' CERTFY TkAT TttS PlAH. SPE:CflCATIOH. OR R£PORT WAS PR£PAAd) 8'1' t-iE: 00 IH:)ER MY OtlECT 51..fflMS>ON AN> 1" THAT I ALI A OU.Y .LICENSED PA'Of"E:SS10NAI. ENGNEER i'NO LANO l---e.:c::r 9.RVEYOR lM>ER TI:£ uWS or n£ sTATt <:, l,ft,(SOT"'-DA TE 12-29-99 0£C!<El> ~--'----l ..... --'----~---'-----...1 JOB NO. 99--485 MSQ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' e 250-500' 500-1000' MIUi!!GRil.,, 1:1,~ltffee~i:eft IPt:leHtr A. House X S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway X S.F. X S.F. D. Sidewalk PR INTED S.F. X X S.F. At.J h 2 ?. LUUl E. Patio/Deck X S.F. SHA RRAT T & MAC DON ALD S .F. F. Landscape X DESIGN C OMPANY S .F. Underlain X S.F. By Plastic X S.F. G. Other X S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 % PROPOSED HARDCOVER IN ZONE A. House + ,P..,(21,;E,e X ~J~O S.F. Length Width X S.F. X S.F. X S .F. B. Garage X S.F .. C. Driveway \ X '.]~O S.F. X S.F. D. Sidewalk X S.F. X = ·s.F. E. ~eek +-~cg !;f,µ l'.bR ~ X 7.,\, !? S.F. X S.F. 1· F. Landscape X S.F. ( ,:1 .·,, 'Z': Underlain X S .F. 1. ' !._/: . .;.,:1 By Plastic X S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE iz~~b S.F. A TOTAL PROPERTY AREA IN ZONE -4-S?,~ S.F. B A -'-B X 100 . ·~'7; 9" % 10 IIAhJCOVER CALCULATION WORK0 . ..J.EET SETBACK ZONE: (CIRCLE ONE) e 75-250' 250-500' 500-1000' \' -:s ~asq:1NG ~"~ l~Wi:-- A. House I ·-.S.F. X Length -widd, X S.F. X S .F. X S.F. B. Garage X S.F. C. Driveway X S.F . PRINTED S.F . D. Sidewalk X S.F. ~ I >fr ·~ 2 ?. LiJ u 1 S.F. E . Patio/Deck X S.F. SHARRA lc T & MA C DONA I D S.F. DESIGN COMPANY F. Landscape X S.F. Underlain X S .F . By Plastic X S.F . G. Other X S.F . TOTAL HARDCOVER IN ZONE S.F . A TOTAL PROPERTY AREA IN ZONE S.F. B A ..,.. B X 100 % PROPOSED HARDCOVER IN ZONE A. House t-G:,&~~s X uii;-S.F. Length Width X S.F. X S.F. X S.F . B. ~ X = S .F . · C. Driveway t-e;.\De~"'i\..~:t'. fATto X 950 S.F . X S.F. D. Sidewalk X S .F. ,r ·s .F. r .. X \l .. E . Patio/Deck X C S.F . ,- X S.F. ( i ' .. .. ) 'I F. Landscape S.F . ... , X Underlain X S.F . I -;: ) By Plastic X S.F. -···-. . ' ',\ I 0 ,.· 'i ·. . , G. Other X S.F. TOTAL HARDCOVER IN ZONE . ltDJ 5' S.F . TOTAL PROPERTY AREA IN ZONE IJ~o.Z\ S.F . B A B X 100 t::\ I~ % 10 / ' ;· •I ' / I I •' : _:~;?.' ::·•.;•• '' . ·--~··;:·._ ·_.: /l,, '~~ •· : ... :_: -· r!ff.v f'ilZ A I< 1-/t) -oo IL .mCOVER CALCULATION WOl SHEET rw .f'-2..-oo g <{2_,s. V 8-t:,-c:; I SETBACK ZONE: (CIRCLE ONE) 0-75' 250-500' 500-1000 ' E~ISTIC:m HABDCQV:ER Iti ZQt:-!E 1601 A. House X S.F. 'HOUSt: Length Widt h • X = 3 7 S . F .-co.NC, APR~ t-1 X = I Os-s .F.-6.R4vfiL t;awJ o, X = -;;,:.. ' S. F. -Boot..Of:~rl• B. Garage X -S .F . C. Driveway 1•154 _G.,RAvfl.1 I Nll.. X = S.F. lvALI• X = S.F. .. ··-o . Sidewalk · X = ··II 2 / S :F.-COt:'C~ WAL.ff. X ='56 S.F.-lONC, OH ~ v~L =48> ~Ot)rH 0,: f-\Otl ! E. Patio/_Deck X S.F . 35-°',-</~. =-q,~ X F. Landscape X Underlain X By Plastic x · G . Other bB.t;· L,f', X OJH 6 7 TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 32-1 '.j B 4533> ~B~fl~S~~ HARD~QVEB TN ~ r,.or SI A. House X Length Width X X X B. Garage X C. Driveway X X D. Sidewall< X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X G. Other ti ,.C:. X , 4ll..] TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ·+--B 13 = = = X [00 = - = = = = = = = = = -- = - = = X 100 = S.F. 1·3 S .F . ~ S .F. :I-'5GAM, S.F. '2. q S .F. ,\/,.l()r;,t) WALL.':, 3 2-/ 'i S.F. 4 5 3B + S.F. _ 7C?~3 % ______ S.F . ----'---S.F. ______ S.F . ______ S.F. ______ S.F. ------ S .F . S .F. __ -_,_7-"Z.=----S.F. S.F . ------ S,F. ------S.F .. S .F. ------ ------S.F. S.F . ------ '1 S .F. 8 / S .F . ---~-- S.F. ------______ % A B B ·• .. : .,. :.·.::. .-... ~ . , .. ~:= ': r° /< G. /) /I/,,/ Z A /.( HI ''DCOVER CALCULATION WOR. "'i HEET /-/t)-OO 'R..6v, S-CrOJ SETBACK ZONE: (CIRCLE ONE) 8 EXISTING HARDCOVER IN ZONE A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/,Deck F. · Landscape Underlain · X X X X X X X X X X X 75-250' Width X X X -------By Plastic G. Other A X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B PROPOSED HARDCOVER IN ZONE A. House · B. Garage · C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other Length X X X X X X X X X X X X X X X. TOT AL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE X Width 100 250-500' 500-1000' = = = = = = == = = = = = = = :::: _....::::£:__2_· _D __ S.F . -HOUSt.::. ______ S.F. ---:-r---S.F. __ ,_/ 4__,__ __ S. F . -t3o vLDE'RS ______ S.F . _ _,8'"""--'-/ ...::.:'2.:....__ S. F. -~RAV HI IN c:.L S.F . I.VA L! ------ _ ___;1...,6'--2.__:.___ S. F. -C.O NC., WA t.; __ _:'2::::.-7..,____ S . F. ~ t '5,#-·po N t.. ______ S.F. ______ S.F . __ 4..:....3_8 __ S.F. & S.F. _RO~ IH Wl/'lf · ---=----U/1:, ---"'-~'--'-· / ___ S .F.-Roe.( 1~1N6t 3 S .F.-\NOOQ WINOOW(, -~--- 2 I l .:i' S .F. 17 , 02 / + S .F. I _ _L? /1. I % ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F . ______ S.F . ______ S.F . ______ S.F . ______ S.F . ______ S.F. ______ S.F. ______ S.F . ______ S.F. ______ S.F. ______ S.F. ______ S.F . A B i:r--, I; \-... ~(;jr,'?'\ ' ..:.,1 ·•. c: .. o A .,.. B X 100 = ______ %· 13 II C C c · II RUN DATE 01/13/00 BATCH .503 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 08-117-23 31 0012 00038 ADDRESS UNAS~IGNED WILLIAN J H FRANKLIN WILLIAN FRANKLIN 1730 NEW BRIGHTON BLVD HPLS HN .5.5413 38 08-117-23 31 001.5 01340 BALDUR PARK RD FREDERICK .N PUZAK FREDERICK N PUZAK PO BOX 1.58 .SPRING PARK HN .5.5384 38 08-117-23 31 0018 00038 ADDRESS UNASSIGNED WILLIAN J H FRANKLIN WILLIAN FRANKLIN 1730 NEW BRIGHTON BLVD HPLS HN .5.5413 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 08-117-23 .31 0013 00038 ADDRESS -UNASSIGNED WILLIAN J H FRANKLIN WILLIAN FRANKLIN . 1730 NEW BRIGHTON BLVD HPLS HN .5.5413 38 08-117-23 31 0016 00038 ADDRESS UNASSIGNED WILLIAN FRANKLIN WILLIAN FRANKLIN 1730 NEW BRIGHTON BLVD HPLS HN .5.5413 TOTAL BATCH .503 00007 REPORT NO. PI43.5401 PAGE 14 38 08-117-23 31 0014 00038 ADDRESS UNASSIGNED WILLIAN J H FRANKLIN WILLIAN FRANKLIN 1730 NEW BRIGHTON BLVD HPLS HN .5.5413 38 08-117-23 31 0017 00038 ADDRESS UNASSIGNED WILLIAN FRANKLIN WILLIAN FRANKLIN 1730 NEW BRIGHTON BLVD HPLS HN .5.5413 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE ... BELIEF·. . ~ DATE )-11-oo BY 1ihzd S a~ J J J ~ -i:.--··· /-·,:>• r-\ :, J j . :) J J □ □ •· □ ~ 12(' □ □ □ TRACKING SHEET FILE NO. () /-;J.7/c/ Staff: . ------ Ap~lic~nt: Frederick Puzak . ·. Address: 1340 Baldur Park Road Wayzata, MN 55391 Meeting with Staff: Date Application Completed: 8-2. 'i-0, Incomplete Notice Sent: I Date Property Owners Notified: q-7-o J Date Legal Notice Published: S~t -OJ PC Meeting(s): '1-17 -·6/ Notice of PC Action: /() City Council Meeting(s): ·1 .. -· D Resolution X:\APPS\WPWIN60\\YPDOCS\CAROLE\FORMS\TR.KNG.SITT 60 Day: _I_0_-_2_1_-_0_J_ + I 2 -2.,o -0 / e,')( : ------ Vote: · 7-0 ctf)fV. Vote: ----- Vote: ----- Vote: 3.-/ : Vote: ------~· Vote: ----- -. CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30,-BLOCK 1, BALDUR PARK HENNEPIN COUNTY, MINNESOTA f!2-0fbGeD ... HOAAE. LAKE MINNETONKA ' LEGAL DESCRIPTION OF PREMISES : I Lot 30, Block 1, Baldur Park, together with an eosement far private sewer system purposes over Lot 31, Block 1, "Boldur Park", as contained in Dae. No. 1440581, Files of Registrar of Titles, Hennepin County, Minnesota. o : denotes iron marker (970.1): denotes existing spot elevation, mean sea level datum ---964---: denotes existing contour line, mean sea level datum. NOTE Bearings shown are based upon an assumed datum. This contour information is taken from our survey dated 11-9-81. This survey intends to show the boundaries of the above described property, the location of an existing house, and the location of all visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. :."--X, \ \ 1~\\ \ \ \ \ .... \ , , "' ' ' ' . /,•\;~~ \ t!./ ~ ' l"v <6°9<' \ "' 0 ' ,,><:JS q_,.' t· . ' .,..,.;_ \\o~ :::: Q_, . '<::,, .,.,:,0 ....-o--6.,.......~-? / ,I / , / ' -., ,·' ' /' • _l '~ Ji '½., 0 ~~ ,.,, f? ,,.,.. 9..,- ~Q"~ ..... ~,,..,~ ..t!) -~ -;._ '---,~~ ...... "' "i:_'-..,.... ....... , ;,. .r-_ 'IJ{. 5 , 15 J'o 'Oo OJ' -~ ,,·-~;~ \-✓~/ .,..~ j_ ":\ ~>,-. :--. _.,o ' ~,ir.:f~~"f~z: ,~ .. · · ~••• '1$,,.+,,. ~a'\ . ~:~{~¥~'I:,~'\ ~ )t\;;;::.,;·_··.''..;'' _--~~.-.•·i,✓ ;,,,~ -~•-, ~--1,., C <>nfour /,;,,: :.,-_' • · \_., .:· : "~ · .. " ,~ '"" •·;,t •. ·,1\ / '°.-?o,.o &4-9 os~o o,,c->--J::, sus s. <o;,-. ,.., D11,, 1 ( Oc S <? -~)'-, S;O,i., f' I <?,,? ~~ , , ,, ~d 7~ &4<.. v,JJ q Ou..s:, ' 44 /:) (> ~Irk" ,, r ~ s-i:. e....,. ~~? -, --.. <o <' -Q' Q¥ '? ,<)~/ o'"'--"....,. rn ~(' ./':/ '~t;µ~.foJJ. lt._\.,.t, ..-:,:; ,. • < '\ ~ ~ '•', ' " ·:_.,., -~·"··, ', \\, ', -5-:s. >"' f".')-"'l.. ~ ""'' ·~>1:JZ:, . •\.,,t,,, \ ,.,.so 00 . -.;:--<'·' ~ ~\ ~ ·\ .. \ ~ -z z rn -( Irv & '-f"1 v,' ·.,::,,; r -<.or I ~r, -c'j llr-,/ ' !!1.~ .,.. t.:..,.,. ./ 'J "'" ., t,. • .ti)& r,.., ./ 6.oi f1, ... -2..f -, t lot., f.;. •'7r, ~ (<' ~ ; t1. ~ • '-y I' , ·& tJ. 'I(!, • J:) ?L 1),-0r ''•,, J• . ., ~,. "& , 't So "• o,,,h ,t/'1,, t lf . CJ • '"• '<;, ,. "••/0,.,4 ·•••,/'>,: ;•"•o. -o IJ '-• or "•..,0 <:, "'•, · "{. ,, th 'It~,_ -'<!'l.1 ·I'.'.?, t,;o -<;"/ r-o,.,..,. ,.,. ?; ,,,_, " . o,, "' ·' "• q., <J, ·-o,,_ t~~ 0,1-,,_. 0.1; "' ,- r, .. .._.,__ ~ ~J &-&,. ·1';4,& •·-,./. Or o.,..» "<!':I.-;,,, ? -< s ~J>o:; ~,. C' ' ,. • .,$ C, ,,: -h., rt I, "'St,, <.t -o :;,. · "'5 ,i'-o f l'J I 'I' ~ 0 -v, ~,.,. 1 • ,,,.. '~.,' · r. ' o.' "',o ,, !.;,. ' 0 o,., •(/, h 'O "<• '' • '0 " ,. ''• '<. < ~,,. •1.-'• '•'• o. qo .. ,_ •• O,o . , •o,-'01, s£ ' :>J "1~ " •"ct .1., or '"• (I,, o,,,, . r . , '~ •, <. 4. • •· "C. •• • ,., • •· "o• o,, ,-,-, . ., '6 ,-• r,.,. •• t ,.,. ' o,. ..... •• .,, • ,,,. {,. !, ... ,., ,.. ''fi>,._ "c'J> ~ ,;,.. o r>... t· ~ ~ .~ ~ o.· t'-!),. o,,,,_ ""o, I,, ; '•~, ""•'• •1;1J ,;,,,f·o~ . ./.11") >, 'd •!~ • /. > ' ' , •••. 0 -'<t 1n ·• •·1 ,,. -~ •I,, 'C . ">-> . • o~ n,_ ,., HI ,.,. ·.,..,, '.).. . '·. ,. ·r,, . ' 0 .., .;.; '--"-, 1 •, ,S'Y '10 (l' A, -«, 0t..,, 0 ... ,. /,_ .. "t, • ~ .... · 1 1 "'~r. ·'1'0 'I') ~ 17 .,, ',,.. f ,., , ' 'J " , 'It' •fl") ..( -s r, <.c:i., "'~.., . ,,. • ,,, .,.,,, ... ' ,,. ,_ --0 ,,., •. ,,,. · o .r <J -.<i J-.; · '19 , "'I._ ~ ') ·~~y -It tJ.. • _.., ,l,· . "•':-.. ?J.,_ . 'l19 ._,.(>(' , .,, r, fa. -11..,. f') •. " ¥/ ,I, -~_,.. .. -1•-·-( ' '·I; . ,,_ .J,.,, r.·., .,:,. t;-' .,,__" > ' • ·1';4-: ~ • 1,• (, l' "".s-C 4,. ·.I)(} 1'...._ '.) ~1-...10..::> · .,.,1,.,, . 5 4:: · ~?-n 'I: ~ ~,. . n.,,,1 lo,._ $ ~, ,£: o~?' ~~d > so-., .,0 ./ <; • .II' ' ~ ~ ~ '¾ ~ ' -'l 1;~,. ~. stl~¾\ iaJ/~ ~--. 'I"-\,.,_ ·~ "-lr ,.f;t:, /Jr,. <'i 5..--. ' ~ ~· - ~~") .... '' -~~ ~~~· .•. ~, ~,•1,_ ~ .,., / 4q~ .... _i,~ ~· 41,..t-' ' ! "'' '·~-~. ,., '-'O ./'> "1.J,. QQ,-.. . ., I ., .+ ¼,., 17 , ·• ,, , . .,v -r ·or l..o./';0 ,)'-',..;_ 1re1?: r~.t; , ~-4,i., ~>o 6 ,. . ;, .,. ,..~ '. ', -.-;:....., __ • \', ~ o;r <>.--- .., cs, & ,\ r' ' ' " ..;,· --~ "t,, \_., \ \ \ \ \ (\ ', <· ~'\" Ii', .,_ 0;_ ;c. -~ \ '~ ~ : 't \1~ ..,.. ;_ \ <!" ', <;_,?:'"r~ ,, , •~~ ::;· :? ·p \ , ' ,.,_ .... ' ' "']~' ... ,, \ -, "" :1;· " 0 .,. () . .., ... I ""' I ~' '• ,,, ) :;, "" I ~ i-~ '. b c- t,. ~ ,_ ..., <:I ,.,. <.<;_ ·-=>--.-..,. /)·'./ ) ~ ~:;_tt: ; ~'1"!. ( --~:;> ; ,;~~\ I I ' ' ' :.t 1· ';tf ' r:i~ 4:1• '' . if._ J • : t....,,,,,..., "/,:7:< /? 6Gt',7~rso,? ·~ .. <'/ ~ '" - 3' 1,Joci/of 18 <,,oro,<>ou<l) std) cf"°"° <>.,,.. / 0 z ~ ):> 1 " " " ' ' " •, ,, ' ' ' '~ 2 ·------ / _/ /1//J /)e Io 11tt Cl. 9-.n-a,2 / / ---• -------. ~--·---3 -,' ' ------- l~---.------r----r--,-----,.-:;s···-:·A·· --::::·N·::-.---: . ::1-·::::T::_-. ·:::A:·----r-.. : R~ ... _-:y·· ... ~--·s· ·llG:·.I i,:;w·· ·E:.::. -JR~:. : -. . -,, . . . ~. ' -. . ~. . -. -------,,, - ' ""' ' ~~ \. o,,, \ , 'r q \ \ MH 164