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HomeMy WebLinkAbout11-3520 Scanned FileCITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Christian & Beth Johnson 1376 Baldur Park Rd Wayzata, MN 55391 TYPE OF APPLICATION: DATE OF MEETING: Variance September 25, 2014 ZONING FILE: 11-3520 NOTICE OF COUNCIL ACTION DATE OF NOTICE: September 25, 2014 COPIES: VOTE: 4 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you renewing the hardcover variances. Please arrange to sign the original resolution at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolution. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution . Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than September 25, 2015. 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. Additionally, on-demand video re-play of the Council meeting is available on the City's website : www.ci.orono .mn .us . If you have questions please contact Melanie Curtis at mcurtis@ci.orono .mn .us or 952.249.4627 . MINUTES OF THE ORONO ClT.Y-._COUNClL MEETING Monday, A'llgust 25, 2014 7:00 o'clock p.m. #13-3638/39 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM -LAKEVIEW EA W COMMENTS REVIEW, Continued) Schulte s ted this development encompasses a large area and that there are other new developmen , in the area tha re being done as well, which will have impacts on the area's overall drainage. Sc . te stated there ar also issues with the drain tile and water that is draining to places where it is , , naturally supposed to go. chulte stated the City needs to look very closely at those issues as well the septic systems that will b reated as part of this development. Schulte stated future tra c also needs to be considered and that this is the beg · ' g phase of new development from County , d 151 out to 394. Schulte stated he would like to ee more discussion about water mitigation and holding onds to lessen the impact on Lake Minneto a. McMillan stated she is hoping the · velopment will lead to an impro ment of the area given the conservation design requirement and her steps that will be takery o deal with the runoff and the traffic issues. McMillan noted the Minnehaha reek Watershed District did not comment on the EA W and asked whether they have been involved at 1 with th~devel /ment up to this point. Gaf~o~ indicated the develo~er has be~n wor · 'I wit . e W aters~ed District _and_ that once the prelumnary plat process begms , they will become· , e mvolved with the application. " McMillan asked if the EA W is approved prior the pr Gaffron stated the two items are somewh parallel and thaf ,. e developer hopes to appear before the Planning Commission at their Septem r meeting. Gaffron sta: d until the additional information is received, further action on the EA ill not be taken. Gaffron ii _ted a Comprehensive Plan Amendment also needs to be done as well as cheological study. Martini stated the City Co cil should also be mindful that there are a lo · f rules and state laws that are already in place and the ssumption is that those will be followed. Martini'· ted while the EA W does not specifically list all o ose rules and regulations, the developer will be requir) to comply with those. McMillan note the City's listserv will be updated as the application progresses. The/ ouncil took no formal action on this item. *5. #11-3520 CHRISTIAN AND BETH JOHNSON, 1370 BALDUR PARK ROAD - VARIAN CE RENEWAL -RESOLUTION NO. 6431 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6431, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1288 for the property located at 1370 Baldor Park Road. VOTE: Ayes 4, Nays 0. Page 5 of 18 ------------------ Date Application Received: 07/22/14 Date Application Considered as Complete: 07 /22/14 60-Day Review Period Expires : 09/20/14 REQUEST FOR COUNCIL ACTION Department Approval: . Administrator Approval: Name: Melanie Curti Title: Item Description: Date: 20 August 2014 Item No. 5 Agenda Section: # 11-3520 -Christian & Beth Johnson, 1376 Baldur Park Rd -Renewal of Hardcover Variances-Resolution Zoning District: LR-lC, One Family Lakeshore Residential,½ acre/100' Lot Area: 11,971 s.f. (0.27 acre) Lot Width: 60' at the southwest OHWL / 100' at the northeast OHWL List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Draft Resolution Proposed Survey Survey w/ Colored Easement Areas PC Staff Report & Exhibits Application Summary: Hardcover variances were granted in 2011, in order to relocate the driveway and change the orientation of the doors on the existing garage allowing for access within the subject property. The current access driveway extends onto the neighboring property to the west. The 2011 approval was extended administratively by the previous owner once. The variance approval was not extended a 2nd time and expired in September of 2013 and the work was never started. The current owners have requested approval of the previous hardcover variances which allow for the reorientation of the garage doors from a side load to an end load and construct a new driveway entirely on the subject property. The lot has lake on both sides and a very small 75'-250' zone; hardcover variances are necessary in order to do as they propose. Planning Commission Recommendation On August 18th the Planning Commission voted 6 to Oto recommend approval of the requested variances. Planning Staff Recommendation Staff finds due to the current access arrangement and the property's proximity to the lake, the practical difficulties identified in Resolution No. 6074 remain. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the attached approval resolution . r A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 11-3520 Council Exhibit A WHEREAS, Christian Johnson and Beth Johnson, a married couple (hereinafter "the Applicants") are the owners of the prqperty loca~ed at 1376 Baldur Park Road within the City of Orono (hereinafter the "City") and legally describ.ed as All of Lot 20 and that part of Lot 21, Block 1 Baldur Park, described as follows: · · · Beginning on the meander line a the northeasterly corner of said Lot 21; thence northwesterly on said line a distance of 50 feet to the northyvesterly corner of said Lot 21; thence southwesterly on the northwesterly line of s;~id Lof21 a distance of 23feet; thence southeasterly to a point on the ~outheasterly line olsaid Lot 21, 66.5 feet southwesterly from said northerly corner; thence northeasterly on said ~outheasterly line 66.5 feet to the point of beginning, Hennepin County, Minnesota (Pl N 08-117-23-31-0005) (hereinafter the "Property"); and · ' · · WHEREAS, the Applicants h~ve . made. applicatit>11 to the City of Orono for variances to Orono Municipal Zoning Code Sections 78i1288 and 78-1700 to allow 32.8% hardcover in the SW O to 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NEO,to 75' zone where 40.$% currently exists and 0% is normally allowed; and 53% hardcover within the 75 1>to 2.50' zone where 37% currently exists and 25% is normally allowed in conjunctior:iwith reorienting the driveway 011 the property; and WHEREAS, the appr6yals currently requested for the proposed plan are identical to the plan '0pproved for the Propertfvia Resolution No. 607 4 which expired on September 12, 2013; and WHEREAS, after .clue published notice and mailed notice in accordance with Minnesota Statutes and. the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on Augus~ 1e,2014 at which times all persons desiring to be heard concerning this application were given th~ opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS Page 1 of 5 1. This application was reviewed under the original application number Zoning File 11-3520. 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this appli~ation at a public hearing held on August 18, 2014 and recommended approval of hardcover variances based on the following findings: · · · a. The Property contains 11,9715.f.>(0.27 acre) in ar~a and has 60 feet in width at the southwest OHWL and 100-feet in width at the northeast OHWL. b. Sanitary sewer is available. c. There is no addition.~l land available to bring the lot area into.conformity. d. The Applicants' pro.posal Will orient th~ii,driveway directly from Baldur Park Road right of way and will eliminate the need to utilize the adjacent property for access. e. The Applicants! request wi.11 alle\/iate a practical difficulty inherent to the Property and not created by'the Applicants. f. The Applicants' request will . not alter the essential character of the neighborhood and 'will. r:esult cih minimal negative impact on adjacent properties. ·· g. The Applicants' request is in harmony with the purpose and intent of the ordinance. h. The Applicants' request will not adversely impact driveway access for the property to the .northwest. i. The Applica~ts have provided a plan which meets the minimum hardcover required for driveways and sidewalks. j. The Applicants have demonstrated that enforcing the hardcover provisions of the Zoning Ordinance would deprive the Applicants of the reasonable use of their Property. Page 2 of 5 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance 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 practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zonin:g Gode and Comprehensive Plan of the City. · CONCLUSIONS, ORDERAND CO~PITIONS Based upon one or more of tne .. above findings,the0 0rono City Council hereby grants a variance to Orono Municipal Zonin~ C9<:1e Section 78:.1.288 and 78-1700 to allow 32.8% hardcover in the SW O to 75' zone where 30. 7% exists ~nd 0% is normally allowed; 40.3% hardcover within the NE Oto 75' zone wl"lere 4'0.6% currentlyexi~ts and 0% is normally allowed; and 53% hardcover within the 75' to 250''zone where. 37% currel"ltly exists and 25% is normally allowed in conjunction with . r~orienting the ,driveway on th~ property, subject to the following conditions: 1. Council approval is based 011 the survey submitted by the Applicants and annotated by City sta~, . attached to thJs Re~ol.ution as Exhibit A. Any amendments to the site plan whi.ch are not in conformity with Gitycpdes will require further Planning Commission and City Council review. ·. · · 2. Hardcover shall not increase above the existing and approved levels as follows: 1,21 O s.f. of .hardcover (32.8%) withincthe SW 0-75' zone; 2,617 s.f. of hardcover (40.3%) within the NW 0-75' zone; and 1,239 s.f. of hardcover (53%) within the 75'-250' zone. Hardcover sh.all not exceed above 42.5% (5,066 s.f.) of the total Property area; hardcover within 75-feet e>f the OHWL shall not exceed above 3,824 square feet. 3. Applicants shall remove all plastic liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. The Applicants' building permit plans shall address the City Engineer's comments and recommendations. Page 3 of 5 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A final inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (August 25, 2015). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdem,~c!nor. The undersigned Applicants have read, understarid 0 and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heir~, successors and assigns, hereby agree to the recording of this resolution in"the chain of title oftheProperty. ' ~\\ ', Adopted by the Orono City Council on theg5 day of August, 2014. ATTEST: Rachel Dodge, City Clerk Lili ToaMcMillan, Mayor Property Owner Property Owner Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2014, by Christian Johnson, husband of Beth Johnson. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public. This instrument was acknowledged before l'l'le this day of _____ , 2014, by Beth Johnson, wife of Christ.ian Johnson. · Notary Public Page 5 of 5 CERTIFICATE OF SURVEY FOR HAROLD & SANDRA A. WINGERD IN LOTS 20 & 21, BLOCK 1, "BALDUR PARK" HENNEPIN COUNTY, MINNESOTA LEGAL DESCRIPTION OF PREMISES All of Lot Twenty (20) ond that port of Lot Twenty One (21), Block One (1), Saldur Pork, described as follows: Beginning on the Meander line at the North- easterly corner of said Lot Twenty One (21); thence Northwesterly on said line a distance of 50 feet to the Northwesterly corner of said Lot Twenty One (21); thence Southwesterly on the Northwesterly line of said Lot Twenty One (21) a distance of 23 feet; thence Southeasterly to o point on the Southeasterly line of said Lot Twenty One (21), 66.5 feet Southwesterly from said Northerly corner; thence Northeasterly on said Southeasterly line 66.5 feet to the point of beginning. 0 denotes iron marker (908.3): denotes existing spot elevation, mean sea level datum [[j]]): denotes proposed spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum ~: denotes proposed contour line. mean sea level datum Bearings shown ore based upon on assumed datum. This survey intends to show the boundaries of the above described property, the location of on existing house, garage, deck and driveway, the location of all existing ''hardcover", and the proposed location of o proposed driveway thereon. It does not purport to show any other improvcements or encroachments. DATE OESO<PTION EXISTNG GARAGE LAKE RECEIVED SEP O c. 2011 CITY OF ORONO -20 0 S C A L E MINNETONKA NORTH ARM 20 IN MEANDER LINE: AS ·SHOWN ON THE PLAT / OF BALDUR PARK 40 60 F E E T SCALE 1"=20' DATE: 6-27-11 $GRONBERG AND ASSOCIATES, INC. 1-~=--==-'"'~~f--==--==--=~!--==--==--==--==--==--==--==--==--==--==--==--==--==--==--==--==--==--==--=~-I CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS 72-,, / l---f----+-------------------1 4igN~or~E~~?~sg;~E -.,,~/"'-"..-,Z..~=cc=:,✓.:=_~ -~,c..,=ec~cc-~£0,L,,:<-=;-,'-"-' -=~I 11J~.1',~A 952-473-4141 Mork S. Gronberg Minnesota License#mbeT 12755 1-172A CERTIFICATE OF SURVEY FOR HAROLD & SANDRA A. WINGERD IN LOTS 20 & 21, BLOCK 1, "BALDUR PARK" HENNEPIN COUNTY, MINNESOTA ()a' ~ o<:) b<~() ~ ~1,~~, -...._ '• I, ./4'....NW' LY LINE / OF LOT 21 '!:,() / / / / / If \ , v'o \ ~-\ 0 o __ ~\ 6c>;\ ·o 0 -.A \. '-..·· .,>,.. \,.)J ----'\ '<"v "7 ,po "'~-o 0 "7-6 '✓ --..p LEGAL DESCRIPTION OF PREMISES All of Lot Twenty (20) and that part of Lot Twenty One (21 ), Block One ( 1 ), Boldur Park, described as follows: Beginning on the Meander line at the North- easterly corner of said Lot Twenty One (21 }; thence Northwesterly on said line a distance of 50 feet to the Northwesterly corner of said Lot Twenty One (21 ); thence Southwesterly on the Northwesterly line of said Lot Twenty One (21) a distance of 23 feet; thence Southeasterly to a point on the Southeasterly line of said Lot Twenty One (21 ), 66.5 feet Southwesterly from said Northerly corner; thence Northeasterly on said Southeasterly line 66.5 feet to the point of beginning. o : denotes iron marker .___~ :'-. .... ---...:_, '!:,() ~ LAKE RECEIVED SEP O t. lO'i1 CITY OF ORONO MINNETONKA NORTH ARM : · . . . . ~ ... · EXISTING HOUSE #1384 MEANDER LINE AS -SHOWN ON THE PLAT / OF BALDUR PARK ~, "- s ~~ ,~ (908.3) : denotes existing spot elevation, mean sea level datum \910.8\: denotes proposed spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum -20 0 20 40 60 --I]@--: denotes proposed contour line, mean sea level datum DESIGNED DRAWN Bearings shown are based upon on assumed datum. This survey intends to show the boundaries of the above described property, the location of an existing house, garage, deck and driveway, the location of all e>·isting "hardcover", and the proposed location of a proposed driveway thereon. It does not purport to show any other improvcements or encroachments. REVISION DATE DESCRIPTION 9-1-11 REVISED DRIVEWAY EASEMENT, ADDED TURNOUT At,() SOEWALK ASSOCIATES, INC. $GRONBERG AND t----+----t---------------------1 SURVEYORS, & SITE PLANNERS E ---t-r----t-r--------------------'l,-CONSUL TING ENGINEERS, LAND CHECKED 445 NORTH WILLOW ORIVE ---1------1--------------------1-LONG LAKE, MN. 55356 952-473-4141 11-172A f 1'1 I •1 .iWfW\Q I MAIM S C A L E I N F E E T I hereby certify that this survey was prepared by me, or under my direct supervision. and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. ~/ -✓-~=~,:: "-" _,. Mark S. Gronberg Minnesota License,Nli'mber 12755 SCALE 1"=20' DATE 6-27-11 JOB NO. 11-172A mo ~o CT C -· ::, .... C, co= _}[\,1-\. A. vv 11 \J l:r £.J n, lJ 1 CI< 1 , "BALD UR P ARI(" \fT Y, MINNESOTA ::U CJ ... C: ·-:, :e o.c: (.) >< w / ' ' I I ,• .··'• ... ,.-·····. "••. . . . . . ·.• : .. .. ...... •' :\ . '~ ~ :,'\ '' ·-.~ ... \ r... "'.!. . u -~ \ •,4i Q \ •. ··~ -", -~- ,, ·•, ........ · \ ~<:) o\x~ \x<o \x\x C)\x. ~ _/~ A .. ,., ............... / ... -···· ~ )ne (2 1 ), Block One ( 1 ), eander line at the North - Northwesterly on said line said Lot Twenty One (21 ); Lot Twenty One (21) a 8n the Southeasterly line of )m said ~• -therly corner; ~et to th\.. point of beginning. ... \ ,~~ \o/ iJ\ <v, LAKE MINNETONKJ NORTH ARM 929.4 _.," MEANDER LINE AS .-SHOWN ON THE Pl _./ OF BALDUR PARK ~; 4 . ~~~-EXISTING • ,tx HOUSE #137 6 I I I ~ q-, I . . ..... •": i j : ··-··; : • ..... · ( m er I I / / ,, .. , .,, I I I • I ~- 9:>C?;; 'Oj I · '· y:\ ' 0~ '\ '---~' '\ l , ... ·•' \0 ·'\ ..... \ ':)() ,,. ,~qq ~ , OJf r,v C· 'l'-> ;" t%£P - 'tl () m )< 2: O' ~ 0 Date Application Received: 07 /22/14 Date Application Considered as Complete: 07 /22/14 60-Day Review Period Expires: 09/20/14 To: From: Date: Subject: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planning & Zoning CoorM, V 13 August 2014 11-3520, Christian & Beth Johnson, 1376 Baldur Park Rd, Renewal of Hardcover Variances Public Hearing Zoning District: LR-1C, One Family Lakeshore Residential, ½ acre/100' Lot Area: 11,971 s.f. (0.27 acre) Lot Width: 60' at the southwest OHWL / 100' at the northeast OHWL Application Summary: The applicant is requesting renewal of hardcover variance approvals in order to rearrange the existing driveway. Staff Recommendation: Planning Department Staff recommends approval. Pertinent Zoning Ordinance Sections 78-1288 Hardcover 78-1680-1685. Stormwater Quality Overlay District 78-1700. Specific Tier Regulations List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Exhibit J. Exhibit K. Background Renewal Application Resolution No. 6074 Proposed Survey Survey w/ Colored Easement Areas City Council Packet -September 2011 Administrative Variance Extension Aerial Photos Planning Commission Minutes -2011 Council Minutes -2011 Property Owners List Plat Map In 2011, the previous owners were granted hardcover variances in order to relocate the driveway and change the orientation of the doors on the existing garage allowing for access within their property. The current driveway exists over property owned by the property owner to the west. The 2011 approval was extended administratively once until September 2013. Council Exhibit D FILE# 11-3520 13 August 2014 Page 2 of 3 The variance approval was not extended a 2nd time and has since expired and the work was never started. The property has new owners. The current owners wish to renew the hardcover variance allowing for the reorientation of the garage doors from a side load to an end load and construct a new driveway entirely on their property. The lot has lake on both sides and a very small 75'- 250' zone; hardcover variances are necessary in order to do as they propose. LOT ANALYSIS WORSHEET Lot Area/Width: LR-lC Lot Area Lot Width Required 21,780 s.f. (0.5 acre) 100' Actual 11,971 s.f. (0.27 acre) 60' SW & 100' NE FOR HISTORICAL REFERENCE ONLY Hardcover Calculations based on previous Hardcover Zones: Hardcover Zone Total Area in Allowed Existing Proposed Zone Hardcover Hardcover Hardcover SW0-75 3,148 s.f. Os.f 1,131 s.f 1,210s.f. {0%} {30.7%} {32.8%} NE0-75 6,486s.f 0 s.f 2,648 s.f. 2,617 s.f {0%} {40.8%} {40.3%} 75-250 2,337 s.f 584s.f. 870s.f. 1,239 s.f {25%} {37.2%} {53%} 2014 Hardcover Analysis: Orono's hardcover regulations were revised in 2012. This application was initially reviewed under the previous regulations. The reporting of the hardcover numbers below has been revised by staff to reflect the current Hardcover Regulations. Stormwater Total Area in Allowed Existing Overlay District Proposed Hardcover Tier Zone Hardcover Hardcover 2,992.7 s.f. 4,649 s.f. 5,066 s.f. w/in combined Tier 1 11,971 s.f. (25 %) (39%) (42.5%) 75' SB areas 3,827 s.f. Hardcover Variance The applicants are requesting renewal of the exact hardcover variances granted in 2011 in order to address a long outstanding issue with access to the property. They have proposed to execute the previous owners' plan to remove the side-load garage doors and move the doors to the FILE# 11-3520 13 August 2014 Page 3 of 3 south side for an end-load garage. This will allow them to change the driveway so that they do not need to utilize the neighboring property for access. They are requesting to increase hardcover by 79 square feet in the southwest Oto 75' zone; reduce hardcover by 31 square feet in the northeast Oto 75' zone; and increase hardcover by 369 square feet in the 75' to 250' zone for a total increase on the property of 307 square feet. Practical Difficulties Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds due to the current access arrangement and the property's proximity to the lake, the practical difficulties identified in the initial approval resolution remain. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the request to renew hardcover variances in order to reorient the existing driveway consistent with Resolution No. 6074. PC Exhibit A CITY OF ORONO VARIANCE APPLICATION Street Address: 2750 Kelley Parkway Orono , MN 55356 Main : 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay , MN 55323-0066 Application# / / .. .3 S2,o / Date Received :• 7 -;,. ~ -1 3/-. Staff : Fee: _$:..,,.7=-=------'"">-------- Renewal : _$_3_5~0 ______ _ After-the-T '"'-"-=-"'1 ,400 Double Fee Escrow Fee: $700 I $2 ,500 This application fo rm must be completed in full. Applicant will be notified within 15 days as to the status of the application . Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: rs 7~ B~ldvr-Pa..({<. f<:-d . Property Identification Number (PIN): Date Property Acquired (month/year): J)ec.. Zot? □ Yes, I own the adjacent parcels. Zoning District: APPLICANT JNFO~M~TION: (Complete legal names and marital status required for each interested party) Name: L-h(lSf14f\ .:Jo hi\.$ CA ~ ge.ti-. ::ToltiC ,So.-'\ Phone: '1S2-~ -zoo -q loo Alternate Phone: Complete Address: ls7b 8.c:\...(J.uv P«.rt< p.j · City, State & ZIP O ro.-,o /V'-N S S '$''1 l Email: Ch.r1sjo~t'I.Sa.., 9LOO (! 3Mo..tl . CoN\ Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: S°'-M e. Cl S Cl,~ov'e Phone _______________ Alternate Phone: Complete Address : City , State & ZIP Email : DESCRIPTION OF REQUEST: Fax: Describe the request in detail (attach add itional sheets if necessary): Rt~e,wi;tl 0t ~~rJ.cove.r Vctf".~111.c..e Last Updated: January 2014 # 3 520 RECEIVED JUL 2 2 2014 CITY OF ORONO REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Not Enclosed Applicable li:V" □ Variance APPiication fee □ □ Escrow Agreement signed and fee □ □ Pre-Application Form Iii" □ Variance APPiication Form □ / □ Practical Difficulties Form i;r' □ Certified Property Owners List □ □ Survey (meeting ALL requirements) □ □ Proposed Plans □ □ Hardcover Calculations □ □ Septic System Site Evaluation Report □ □ Minnehaha Creek Watershed District (MCWD) Permit or Documentation from MCWD stating no permit is required □ □ Adjacent Property Owners ' Acknowledgement □ □ Data Privacy Advisory Form Ot~(.r lft,..5 1~~1uW ,~ 011 ·3,',1.r.J ctpflicct-korJ . APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the origina l fee payment) and/or consultant expenses incurred in review of this application , and • Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and owner recognize th at they are solely responsible for submitting a complete app lication being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed . • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants , agents , Commission and Council Members for purposes of investigation and ver ification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owne r is unable to attend a scheduled meeting , please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. Applicant's Signature : Applicant 's Signature : Owner 's Signature: Owner 's Signature: Last Updated : January 2014 7 -Zr_ r i #3520 lll!CEIVEO JUL 22 Z014 Oft'VOFORONO /j7/.p /~1~ f<.dL 11111111111111111111 I 111111 I I-O:ilD Doc No A9874485 Certified, filed and/or recorded on 11/19/12 12:00 PM Office of the County Recorder Hennepin County, Minnesota PC Exhibit B Rachel Smith, Acting County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 9 Pkg ID 887735M Doc Name: Variance Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. $46.00 $46.00 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO.11-3520 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 7 4 A RESOLUTION GRANTING AV ARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 11-3520 WHEREAS, Harold Wingerd and Sandra Wingerd, a married couple (hereinafter "the Applicants") are the owners of the property located at 1376 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as All of Lot 20 and that part of Lot 21, Block 1, Baldur Park, described as follows: Beginning on the meander line at the northeasterly comer of said Lot 21; thence northwesterly on said line a distance of 50 feet to the northwesterly comer of said Lot 21; thence southwesterly on the northwesterly line of said Lot 21 a distance of 23 feet; thence southeasterly to a point on the southeasterly line of said Lot 21, 66.5 feet southwesterly from said northerly corner; thence northeasterly on said southeasterly line 66.5 feet to the point of beginning, Hennepin County, Minnesota (PIN 08-117-23-31-0005) (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1288 to allow 32.8% hardcover in the SW Oto 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE Oto 75' zone where 40.8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction v;ith reori~nting tl1e ~-•i:ve;.:t,ra)T on the property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on August 15, 2011 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11-3520. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 7 4 2. The Property is located in the LR-IC One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on August 15, 2011 and recommended approval of hardcover variances based on the following findings: a. The Property contains 11,971 s.f. (0.27 acre) in area and has 60 feet in width at the southwest OHWL and 100 feet in width at the northeast OHWL. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. The Applicants' proposal will orient their driveway directly from Baldur Park Road right of way and will eliminate the need to utilize the adjacent property for access. e. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. f. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. g. The Applicants' request is in harmony with the purpose and intent of the ordinance. h. The Applicants' request will not adversely impact driveway access for the property to the northwest. 1. The Applicants have provided a plan which meets the minimum hardcover required for driveways and sidewalks. J. The Applicants have demonstrated that enforcing the hardcover provisions of the Zoning Ordinance would deprive the Applicants of the reasonable use of their Property. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 7 4 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance 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 practical 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 to allow 32.8% hardcover in the SW 0 to 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE 0 to 75' zone where 40.8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction with reorienting the driveway on the property, subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Conunission and City Council review. 2. Hardcover shall not increase above the existing and approved levels as follows: 1,210 s.f. of hardcover (32.8%) within the SW 0-75' zone; 2,617 s.f. of hardcover (40.3%) within the NW 0-75' zone; and 1,239 s.f. ofhardcover (53%) within the 75'-250' zone. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. The Applicants' building permit plans shall address the City Engineer's comments and recommendations. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 7 4 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A final inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 12, 2012). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned Applicants have read, understand and hereby agree to the terms of this resol.½tion and on behalf of the Applicants and the Applicants' heirs, successors and assigns, 1tii%Ji.fta,gree to the recording of this resolution in the chain of title of the Property. > / .. :;\,.'fi'~·~-·: ;:::\~\ /}:I,0 !1;~{:{:;,2r~dqpt~d bythe Orono City Council on the 12th day of September, 2011. ¼~;~~~~t~lt;~r~i~~~:%/ ~ u. w ,~AJA~ ~tt;'it:t-~It'./3iiy Clerk Lili Tod McMillan, Mayor t-kJ,1 I< L) ~ Property Owner Page 4 of5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 7 4 STATE OF MINNESOTA COUNTY OF HENNEPIN 2-.fJ / 7-- This instrument was acknowledged before me this£ day of AhtJemUf!/! ~ l, by Harold Wingerd, husband of Sandra Wingerd. t!lltl¾lu o ( ~ ~~~~~22:e~~~~~ Notary Public MONICA A. FADNESS NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2017 STATE OF MINNESOTA COUNTY OF HENNEPIN '. 2:)/'2- This instrument was acknowledged before me this b day of Jvr1V(JJ1}.e;,, 201{, by Sandra Wingerd, wife of Harold Wingerd. MONICA A. FADNESS NOTARY PUBLIC -MINNESOTA My commission Expires Jan. 31, 2017 n 71/lrvu u Ctl , ~ Notary Public Page 5 of 5 CERTIFICATE OF SURVEY FOR HAROLD & SANDRA A. WINGERD IN LOTS 20 & 21, BLOCK 1, "BALDUR PARK" HENNEPIN COUNTY, MINNESOTA \\ \.' .\ \•\ \ LEGAL DESCRIPTION OF PREMISES All of Lot Twenty (20) ond thot port of Lot Twenty One (21), Block One (1), Baldur Pork, described as follows: Beginning on the Meander line at the North- easterly corner of said Lot Twenty One (21); thence Northwesterly on said line o distance of 50 feet to the Northwesterly corner of said Lot Twenty One (21); thence Southwesterly on the Northwesterly line of said Lot Twenty One (21) a distance of 23 feet; thence Southeasterly to o point on the Southeasterly fine of said Lot Twenty One (21 ). 66.5 feet Southwesterly from said Northerly corner; thence Northeosterly on said Southeasterly line 66.5 feet to the point of beginning. 0 denotes iron marker (90B.3): denotes existing spot elevation, mean sea level datum I]]]]): denotes proposed spat elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum -lfilEJ-: denotes proposed contour line, mean sea level datum Bearings shown are based upon on assumed datum. This survey intends to show the boundaries of the above described property, the location of on existing house, garage, deck and driveway, the location of all er:isting "hardcover", and the proposed location of a proposed driveway thereon. It does not purport to show any other improvcements or encroachments. EXISTf.lG GARAGE OAAW, 1----+--<-------------1 ASSOCIATES, INC. f(f:f{}U/1l ON 0;,t+tf¾tT A -20 6 Q l 4 RECEIVED SEP O c. Z0i1 LAKE CITY OF ORONO 0 MINNETONKA NORTH ARM 20 MEANDER L~[ AS -SHOWN ON THE PLAT / OF BALDUR PARK 40 60 S C A L E IN F E E T I hereby certify that this survey was prepored by me, ~;9~~;d mlivgir~!in~~e~dt~ndi~~~~~r °:d~r ~t{e laws of the Stote of Minnesota. = 1"=20' DATE 6-27-11 ,...,,,~.,,,,.,.,. . ....,,.,.;;::::= $GRONBERG AND t===::l=====::lt====================================j ~g~ii~;;:f !Ns~}iE~E!Nt~~ 4-<t5 NORTH WUOW DRIVE ~_/ / ~--L~c_-, JOO NO. t--+--+--------------------1 LONG9§f~7~~fi1356 -:-:M"~k~s.""oc',,"'n~w"'g"'--~M."',nn".,'°021,"'L"'•=-.. "';.J;~m'-b~-,~,1~55~1 l l-l72 A 1-172A STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on September 12, 2011, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 13 th day of September , 2011. ·.;\ ~ City Clerk CERTIFICATE OF SURVEY FOR HAROLD & SANDRA A. WINGERD IN LOTS 20 & 21, BLOCK 1, "BALDUR PARK'' HENNEPIN COUNTY, MINNESOTA ,, ~ ::3 (j tx~\) ,;O / /4._NW' LY LINE / OF LOT 21 / / / / / .····. ·---· 3, : ,;,; \ : .·· <\ij ·.,: ~, ------·--: ;.,'-" !. I .. . ·a .·· ~ D' I •· \ 'Q --. ·,. : 6' : ' : ··-. :· -.1,, : . V'. \ , Vt \ ~-\ 0 o __ ~\ 6a \ ·oC? _ _\ _ .. · -6) " ~ \)\) "--.. !1,,':)· ':)' ....___:: / ~ :", /\_~-- · ... :,;. v-6 -<7 ,po '7',p_io c, -<7,o'✓-~ LEGAL DESCRIPTION OF PREMISES All of Lot Twenty (20) and that part of Lot Twenty One (21 ). Block One ( 1 ), Baldur Park, described as follows: Beginning an the Meander line at the North- easterly corner of said Lot Twenty One (21 ); thence Northwesterly on said line a distance of 50 feet to the Northwesterly corner of said Lot Twenty One (21 ); thence Southwesterly on the Northwesterly line of said Lot Twenty One (21) a distance of 23 feet; thence Southeasterly to a point on the Southeasterly line of said Lot Twenty One (21 ), 66.5 feet Southwesterly from said Northerly corner; thence Northeasterly on said Southeasterly line 66.5 feet to the point of beginning. o : denotes iron marker (908.3) : denotes existing spot elevation, mean sea level datum 1910.81: denotes proposed spot elevation, mean sea level datum --917--: denotes existinq contour line, mean sea level datum ~: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, the location of on existing house, garage, deck and driveway, the location of all eYisting "hardcover", and the proposed location of a proposed driveway thereon. It does not purport to show any other improvcements or encroachments. ,;O. DESIGNED REVISION DATE DESCRIPTION $GRONBERG AND ASSOCIATES, INC. 9-1-11 REVISED DRIVEWAY EASEMENT. ADDED TURNOUT AN) SDEWALK DRAWN E--+r----,11-----------------------1-CONSULTING ENGINEERS, LAND _ _ _ _ SURVEYORS, & SITE PLANNERS 1-----1-----1--------------------1 445 NORTH WILLOW DRIVE --f-----f-------------------1 LONG LAKE, MN. 55356 952-473-4141 11-172A ~ LAKE RECEIVED SEP O t. 20'11 CITY OF ORONO MINNETONKA NORTH ARM MEANDER LINE AS ,SHOWN ON THE PLAT _:' OF BALDUR PARK . ' ·--: -20 0 EXISTING HOUSE #1384 20 "-j' <J:>Cp "0 40 60 fl •-~ea 1 FWM S C A L E IN F E E T I hereby certify that this survey was prepared by me, or under my direct supervision, and that I am a duly registered Civil Engineer and Land Surveyor under the lows of the State of Minnesota. ¾ //~:;c;r ~ / /.~ ... ~,~-~t-~--~~::~-<:~~~ Mark S. Gronberg Minnesota License ,.Ncf;;,ber 12755 SCALE 1"=20' DATE 6-27-11 JOB NO. 11-172A "'C () ~ :::1" s: ;:;: () u I\ .A. .A. . vv 11\J Lr ~l\,J_J )CK 1, "BALD UR PARK" .NTY, MINNESOTA w {...-.. ~ .£ Gs \:: ii lli ,• ..... :···· .... . .. '• . . . . . . ' . . " ... ,• .. ····· ··.. .. · .... · ,, "JC) ~ ~ 0~ tx~ tx -\X ;. .... / \ : .. • ······ ······): <~~ .. \ ·. ·a ~ ,Q 1, \ ·o<l!.7 ~ \ ~ \ ,, 'C)C) o\J') txQ>~ ~ LAKE MI .NNETONKJ ~ C) ,\ '1,":, • "_), NORTH ARM ··~ ·· .. c;w,l,._~ 929.4 ·<?t ;"'t;;, -......_ ~ ~ ...... CONTOUR O o,-SQ' L: LINE . <1 ·Oo S """"-~-.. su~vEva;>--'-.§ < 0 / . <f.85 ":J ~C) . ,,.¾«=>·EXISTING f . HOUSE #1376 .. ," MEANDER LINE AS •. SHOWN ON THE Pl .. / OF BALDUR PARK --~7) / ·./ ..... · / ,• ~ ~ ~/./ fb'9 'Oj \ ,~~ \ o/ i>\ o4S '\ '--';><.' '\ /8 Cfj I I .. . ..... •• I f I : .. ' : ···•·: : • ...... ( m er I I / / y,0'( Vi /~D 0/\ \ "'--\ \0 ......... , ... \ ... _ .. · .:.:., , ... •··~AIL IN ~:-····BLACKTOP ~ ~ 6'<? \ / ~-\// ~ (TYP) ·• ..... •\ ~ ~ vpo'7vpf6~ '76'.(~ -:,p One (21 ), Block One ( 1), Aeander line at the North - Northwesterly on said line f said Lot Twenty One (21 ); d Lot Twenty One (21) a on the Southeasterly line of ·om said ~• -therly corner; feet to th~ point of beginning. ~() VI)& 'l."7 l">q q ls" ~-~~ ~ ff\', fJ'fi€]Jf -0 (") m >< :=: O" ;::.: D Date Application Received: 07 /20/11 Date Application Considered as Complete: 07/29/11 60-Day Review Period Expires: 09/27 /11 REQUEST FOR COUNCIL ACTION Department Approval: A A /,, Administrator Approval: Name: Melanie Curtis IV\V Title: Planning & Zoning Coordinator PC Exhibit E Date : 8 September 2011 Item No. C/ Agenda Section: Item Description: #11-3520-Harold & Sandra Wingerd -1376 Baldur Park Rd -Variance -Resolution Zoning District: LR-1C, One Family Lakeshore Residential,½ acre/100' Lot Area: 11,971 s.f. (0 .27 acre) Lot Width: 60' at the southwest OHWL / 100' at the northeast OHWL List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Exhibit J. Exhibit K. Revised Survey Revised Hardcover Calculations Site Photos -by Applicants Mike Gaffron Memo Draft Resolution PC Packet 08/11/11 Access Easement Document No . 2513998 Access Easement Document No . 2518347 Affidavit of Publication Affidavit of Mailing Draft PC Minutes 08/15/11 Application Summary: The applicants are requesting hardcover variances in order to reorient their existing driveway to access directly from Baldur Park Road and move the garage doors from the side to the end of the garage. A portion of the applicants' current access to the property is over the neighboring property. As illustrated by Exhibit A, the neighbor to the northwest, Frederick Puzak, has two easements for access purposes over the Wingerds' property. The Wingerds previously utilized a portion of Puzak's property to enter their d r iveway; based on recent events the Wingerds can no longer use their current access . To solve their access issues, the Wingerds are proposing to reorient their garage doors from a side load to an end load and construct a new driveway entirely on their property. The lot has lake on both sides and a very small 75'-250' zone. Variances to allow 32.8% hardcover in the SW Oto 75' zone where 30 .7% exists; 40 .3% hardcover within the NE Oto 75' zone where 40.8% currently exists; and 53% hardcover within the 75' to 250' zone where 37% currently exists are requested with this application . Planning Commission Recommendation On August 15, 2011, the Planning Commission voted 6 to Oto recommend approval of hardcover variances in order to reorient the driveway as proposed . The commission directed the applicant to revise the plans to #11-3520 8 September 2011 Page 2 of 2 reflect a more functional driveway (with a back-up area), add a sidewalk to the front door and leave a portion of blacktop to address the neighbor's concerns. Planning Staff Recommendation Baldur Park Road as it approaches the point is approximately ±12 feet wide. The Wingerds are proposing to remove a large blacktop apron area in front of the garage, as it is currently oriented, to improve permeability and aesthetics. Some of the blacktop removal is proposed within Puzak's larger easement resulting in at least a ±12 wide driveway before it widens out on Puzak's own property. The removals will not limit Puzak's access to his property. Staff discussed the proposal with Orono Police Chief Correy Farniok and determined that any width in driveway in excess of ±12 feet has no additional emergency access benefit. Puzak spoke at the public hearing and submitted a letter expressing concern regarding the proposed hardcover removals within the area of his easement and emergency vehicle access to his property. The driveway access easements referenced on the applicants' survey are attached as exhibits E & F. Puzak may appear at the meeting to discuss his concerns further. Planning Staff recommends approval of variances to allow 32.8% hardcover in the SW O to 75' zone; 40.3% hardcover within the NE O to 75' zone; and 53% hardcover within the 75' to 250' zone to reorient the driveway. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the draft approval resolution. CERTIFICATE OF SURVEY FOR HAROLD & SANDRA A. WINGERD IN LOTS 20 & 21, BLOCK 1, "BALDUR PARK" HENNEPIN COUNTY, MINNESOTA ,, 0 ~() b<~\) ":>() / / / / '\ '-.To / / :··· ... \ /4.._NW' LY LINE / OF LOT 21 ':)c3' .~ 1.f. \ ~~ \ Q. 0-;. ~\ 6a \ ·oC?._\ ... · 0 "' ~ \)\) "-(\ ':) · IV ":)' ..........._ i :\ ~· .. LEGAL DESCRIPTION OF PREMISES ·-.. ;\ ....0 f ..Po '"7'1{o c. f,o'I~ ~ All of Lot Twenty (20) and that part of Lot Twenty One {21 ), Block One ( 1 ), Baldur Park, described as follows: Beginning on the Meander line at the North- easterly corner of said Lot Twenty One (21); thence Northwesterly an said line a distance of 50 feet to the Northwesterly corner of said Lot Twenty One (21 ); thence Southwesterly on the Northwesterly line of said Lot Twenty One (21) a distance of 23 feet; thence Southeasterly to a point on the Southeasterl y line of said Lot Twenty One (21 ), 66.5 feet Southwesterly from said Northerly corner; thence Northeasterly on said Southeasterly line 66.5 feet to the point of beginning. o : d enotes iron marker (908.3) : denotes existing spot elevation, mean sea level datum 1910.8 !: deno tes proposed spot elevation, mean sea level datum --917--: denotes existinq contour line, mean sen level datum -{]@-: denotes proposed contour line, mean sea level datum Bearing s shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, the lo c ation o f on existing house, garage, deck and driveway, the location of all eYisting "hardcover", and the proposed location of a proposed driveway thereon . It does not purport to s how any other improvcements or encroachments. ":>o . DESIGNED REVISION DATE DESCRIPTION -$-GRONBERG AND 1 9-1-11 REVISED DRIVEWAY EASEMENT. ADDED TURNOUT AN> Sl>EWALK ASSOCIATES, INC. DRAWN • CONSULTING ENGINEERS, LAND -SURVEYORS, & SITE PLANNERS CHECKED 445 NORTH WILLOW DRIVE LONG LAKE, MN. 55356 952-473-4141 11-172A ~ LAKE RECEIVED SEP O t. 2011 CITY OF ORONO MINNETONKA NORTH ARM . c·~ -20 0 EXISTING HOUSE #1384 20 MEANDER LINE AS ,SHOWN ON THE PLAT :· OF BALDUR PARK ~- ~<?_:> ,0 40 60 l l ■ 1111 21 : ~~~ ~~, ------, S C A L E IN F E E T I hereby certify that this survey was prepared by me, SCALE or under my direct supervision, and that I om a duly 1"=20' registered Civil Engineer and Land Surveyor under the lows of the State of Minnesota. DATE 6-27-11 ~/ ~ JOB NO. , -- Minnesota License .dlla"'mber 12755 11-172A Mork S. Gronberg ~§> ►;r ~ ~<;? -t \ 1.#JNC:Ek v Coo~g,« B Address: __ 1_3_7~_b _ _..:;_8.__;..4 _L.O{).;:;.=..,(._;;;(..____,_µ_~..;..;.Ql.:::..;.._l _:.Q___;_oA---=D~-------Date : -=I--20 I ( /' · II r ~v 9 -:0-11 Prepared by :. __ O_f<-=O..:..N_,_.J=30:;;.;..;.;.'l =~...._...:.f_~:...S"---'S;;_O;;_(:._J_;W'-·7_f'_.., >:;...._ _________ _ HARDCOVER CALCULAT ION WORKSHEET SETBACK.ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE . @ 75-250' 250-500' A . House B . Garag e C. Dri veway D. Sidewa lk E . Patio/De ck F. Landscape Underlain By Plastic G . Retaining Walls Length 5ov r+1.w trs 1 X X X X X X X X X X X X X X Width = = = = = = = H . Other ______ x ______ = TOTAL HARDCOVER IN ZONE l fl'--1 Cl<it?f) A l!(A U le/J 8 'f \* TOTAL PROPERTY AREA IN ZONE 1/0 26-J¥o( 11~'~1t~:'l?~r_r ,Vff"JJetJ) A //3/ + B ✓t ffb x 100 PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A . Hou se ______ x ______ = B. Garage C. Dri veway D. Sidewal k E. Patio/Deck F. Landscape Underla in By Plastic G. Retaining Walls H. Other Leng th TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A /2/0 Width X X X X X X X X X X X X X X 7 "J A.JEr r;,1 ,,__,, I /,1 .J/:. /21 0 .,.. B :?€?o*x100 -21 - ---- = = = = = = = = = = = = = = = 500-1000' ______ S.F. ______ S.F . ______ S.F . ______ S.F . /CJ8 o i/f S.F. ______ S.F. ______ S.F . ______ S.F. ______ S.F. ______ S.F . ______ S.F. ______ S.F . ______ S.F. ______ S.F. $ i)Njf ___ 5 --'/ __ S.F. -Bo.,"¢0 ~,' _....;/;,....;:./.=3.-:,/ __ S.F. A -~3':,..&~8'-'tf~_S .F. B -~.J"'--"o'--'_'-'r;='--[T"'---_% __,,. _____ S.F. ______ S.F. ______ S.F. ____ S.F. ;f-o/'0 _0 -=--'--S.F .-N£vv' D,12, c.-;2.7 0 -'--"'--S.F. -Rt.MO'/£ Di<, ______ S.F. ______ S.F. ______ S.F. ______ S.F . ______ S.F. ______ S.F . ______ S.F. ______ S.F. i'ZffaOl/t __ _..;:;;__:_ __ S.F.-i3D/t -s, /2./0 36 8 6' --=..=.:=---=e--S.F. A --=-...::....c"---"'--S .F. B ?2, &?3 _ _..._=-"..,._,,,,__ __ % • Address: }376 Prepared by: 6R!'iN!!€ !'(~~ HARDCOVER CALCULATION WORKSHEET SETBACK.ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A -Z.b4,1, 141 2 @ 75-250' 250-500' r~5q5r X = Width X = X = X = X = X = X 75% = X = X bl.\--(,A-fA/.,\. ()£,C;,l = X S"" o/ei = X = X = X = X = X = + B (/t/36 X 100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ______ x ______ = B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A 2CI 7 X X X X X Width = = = = x Ftt:AGJ'rc,vt-33x iS"lo = X ;t:~.4Cl'T(N·( 1/2)e 75"'7" = X X X X X X X ..,.. B -21 - = = = = = = 500-1000' _ _.!....,b.._7-'--'2. __ S.F. -(./0,J 5 G. ______ S.F. ______ S.F. ______ S.F. __ -;;;_5§'-'--__ S.F. ______ S.F. _ _,_l=-0__.7 __ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. _ _,_l...::::D_'t-"--__ S.F. -eouL0£12. -~3~D ___ S.F. __ L_b_1tw.&~ __ S.F. A _ _sb.._4-~B~n""-:' __ S.F. B __ 4-,:..1'::.,•.;.;;ll"'-3 __ % ______ S.F. ______ S.F. ______ S.F. ______ S.F. -38 S.F.-~fMOV[ __ _::..,:,_ __ S.F. 0 fVvt ,'.<cl'itnJ.G __ -~2=£ __ S.F.-C.U,t U-<5 _ __;il;e:.....,,3:....::2=---S.F. 401) t.u.+ tf<. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. _ ___..::..2...:..6=--I ....:...7 __ S.F. A ---"l(),....,9..,..B"'f--:6,----S.F. B __ 't"--'-o=--=.3"'-'5"'-__ % • (; Address:. __ 1_3_7-'-"6 __ 8 __ '.)A_._L_W_R __ D_i_.;;/-'-'i.J_C._k_-_'a_,,.....;,io=· -----------Date::_:~::::::::::::::::.=.. Prepared by:_ ... b"'-'-'1'<---'-"'0"""'N-'""'8"""1!'--· ,_'<_G--:·-"--1-_A-'-. ___ :;;_,,"""<::-'o_l._,"'-',t.--·1-_1.;;;.·Jf'..:::,$ ____________ _ /'c'l,I, HARDCOVER CALCULATION WORKSHEET SETBACK.ZONE: (CIRCLE ONE) 0-75' c:§ryo-500· EXISTING HARDCOVER IN ZONE A. House X = Length Width 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. Retaining Walls X = H. Other X = TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE .;: A &70 + B 233'7 X 100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ______ x ______ = B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls Length X X X X X Width x t:e-.,u;J,n,1.-< ?ox 75'9,, X X X X X X X H. Other ______ x TOTAL HARDCOVER IN ZONE 3 ? A/f'.'7 tiv + 8 7 O TOTAL PROPERTY AREA IN ZONE = = = = = = = = = = = = = :::: A 12.3 o/ + B 2 3 3 1 X 100 = -21 - 500-1000' S.F. S.F. S.F. S.F. 3JO S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. a S.F. ' ?? -· ,; S.F. 870 S.F. A 2'°J?7 S.F. B 37. 23 % S.F. + 3o NW S.F.-WA.LL, S.F. S.F. ----'+"--'6"'-'8"--_ S.F. AIPWW4lK ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. -2..-::: SF-------.. _-1-.;...;...J_c..:..'J __ S.F. _ _;l:_:Z;..:3:,--:9:.__ __ S.F. A -~2.-~J='-3-'-7---=--S.F. B __ 5:....;3....;•;_o_z:;;:;.· __ % ■ \ .\ 'rr -:. q, ~\ \ \ NORTH ARM 929.4 $( ¾~'EXISTING HOUSE #1376 I $ I I ( / / en l'f) 'f I I .. MEANDER ,,SHOWN 0 // OF BA LDL I MEMORANDUM To: From: Date: Subject: Attachments: Melanie Curtis, Planning & Zoning Coordinator Mike Gaffron, Asst. City Administrato~ August 31, 2011 Re: #11-3520 Review of Puzak Road Proposal 1. Puzak letter dated August 10, 2011 with suggested driveway sketch 2. Staff sketch ca. 2008 analyzing similar Puzak proposal 3. 1955 Airphoto with plat overlay 4. 1982 Preliminary Plat Approval Resolution No. 1415 (Puzak property) On August 15, 2011 the City received a packet of information from Mr. Puzak with regard to the Wingerd variance application. In addition to copies of easement documents, the information included a proposal for re-routing the private driveway that serves his properties , coupled with a suggestion that the Wingerds purchase portions of his property to make their lot more conforming in area. Baldur Park Road was originally dedicated and platted as a 30' wide road known as "Isle Boulevard" within the plat ofBaldur Park in 1912. Isle Boulevard abutted the southwesterly shoreline of the peninsula. While it is not known whether the original platted road corridor was completely on dry land, by the 1950s the portions of the platted corridor northwest of Lot 21 were under water, as evidenced by the City's 1955 airphotos on file. A private driveway easement was created in 1948 over Lot 20 to provide access to lots further out on the point. In 1951 the Orono Town Board vacated the (mostly underwater) portion of road corridor lying northwesterly of the extended southeast line of Lot 21. That vacation also extinguished any public interest in the existing driveway along the east shoreline of Lots 21-30 . The 1955 airphotos show that much of the southwesterly portion of Lots 21-23 was wetland. A wetland delineation performed by Schoell & Madsen, Inc. in April 2007 and shown on a June 15, 2007 survey by Demars-Gabriel Land Surveyors confirms the boundary of the current wetland. The driveway proposal submitted by Mr. Puzak brings up a number of discussion points and issues that would have to be resolved in order to be viable: 1) The proposed driveway location adds new hardcover within 75 feet of the 929.4 ' OHWL where no hardcover is allowed. 2) The proposed driveway location disturbs area within the required wetland buffer zone (with fill, hardcover, and general vegetation disturbance) which is 50' in width around the perimeter of this "Preserve" classification wetland. Creation of this driveway would trigger the establishment and development of a wetland buffer in this location. 3) The proposed driveway location would result in filling within a designated flood plain (areas below elevation 931.5') where no filling is normally allowed. 4) Stormwater management would have to be addressed. 5) The proposed driveway location potentially would result in the need to remove one or more trees greater than 6" in diameter within the 0-7 5' protection zone. 6) The proposed driveway location is over an existing municipal sewer manhole currently located outside the traveled driveway area. 7) The City needs an area in which to maneuver snowplows and/or other maintenance equipment at the end of Baldur Park Road. Snow storage area is also necessary. The most efficient way to meet these needs for the long term would be development of a cul- de-sac, loop or "T" turnaround, probably within or near Lots 21-22. 8) Based on surveys on file, the traveled, paved roadway of Baldur Park Road is partially within the adjacent private properties as far south as Lot 17, or about 200' south of the Wingerd property. The road likely extends into these properties via prescription, as staff is unaware of any roadway dedication for these lots. There are no viable options for relocating the road into the dedicated right-of-way given the proximity to the lake. Similarly, the ability to increase the width of the paved road beyond its existing 12'-14' width beginning around Lot 17 is hindered by lack of usable dedicated corridor width. 9) Mr. Puzak's proposal suggests that the Wingerds could purchase portions of Lots 21 and 22 east of the proposed relocated driveway. The Wingerds have apparently not indicated an interest in doing so. While the concept of adding acreage to a substandard lot to make it conforming in area has merit, the City has not forced this issue except when adjacent properties are in common ownership. A 1983 study of the LR-lC zone found that 2/3 of the 631 properties in the LR-1 C zone were smaller than the half-acre requirement. Since the early 1980s staff has anticipated that access and turnaround issues for the north end of Baldur Park Road would eventually be resolved when the Puzak properties are redeveloped. A proposed plat which received preliminary approval in 1982 (Resolution No. 1415, attached) would have created a cul-de-sac within Lots 21 and 22. That plat never went forward, nor has that property been further developed. Despite the issues noted above with regard to hardcover, wetlands, floodplain, stormwater management, trees, etc. the idea of a cul-de-sac or turnaround at that location still may have merit for future discussion. 1340 Baldur Park Road Orono, MN 55391 Mike Gaffron City of Orono 2750 Kelley Parkway Orono, MN 55356 August 10, 2011 Re: Variance Application 11-3520, 1376 Baldur Park Road And Court Order file #27-cv-08-23042 Mr. Gaffron: As new work is being planned to resolve access and parking issues at the end of Baldur Park Road, hopefully the City will take the time to consider a well thought out, long-term solution to this problem. First, the Gronberg survey submitted with the above land use application 11-3520 at 1376 Baldur Park Road is incomplete and inaccurate as follows: 1. The easement for driveway purposes described in Doc. #2513998, burdening Lot 20 and benefitting Lots 21 -33, is not shown. Attached is the court order #27-cv- 08-23042 which affirms the validity of that easement. 2. Also, the driveway easement shown over Wingerd's Lot 20 is incorrect. The "reformed 12' driveway per Doc. No. 2518347" is valid only over Lots 21 -29. The court order also states that " ... the (previous) Order (2518347) did not refer to Lot 20 in any way." See Court MEMORANDUM Facts I. b. par. 2 and Analysis III.d.2 par. 3. As you know, adequate access to the neighboring Lots 21-33 has been an issue for many years due to the Wingerds' failure to observe the full width of the above mentioned easement. They have landscaped over part of the easement drastically reducing its width to approximately 14' -16', and vehicles continuously parked within the easement have exacerbated the problem. The Long Lake Fire Department is on record voicing its concern about the passage of emergency vehicles at the end of Baldur Park Road. The time has come to define a fire lane sufficient to serve Lots 21 -33, approved by the City and enforced by the City. Previously it was proposed that Baldur Park Road be extended over Lots 21 and 22. In so doing, the City snowplow would gain a place to deposit snow to the West of the road on Lot 22. The remainder of Lots 21 and 22 to the East of the road could be purchased by the owners of Lot 20 to create a legally conforming½ acre lot in the LR-lC zoning district. Enclosed is a sketch showing the possible extension of Baldur Park Road over Lots 21 and 22. The West side of the road from Lot 17 to the end should be posted "No Parking". Until the access issues are resolved, I am opposed to the removal of any pavement from my driveway easement over Lot 20. Now is the time to think this through and get it done right. We could all have a win-win-win situation that would benefit all the neighbors at the end of Baldur Park Road, as well as the City snowplow. Sincerely, Frederick Puzak C: Lili McMillan, Cynthia Bremer, Doug Franchot, Aaron Printup, David Rahn, Melanie Curtis, Joseph Lawder / 18 I I II ~:TONKA I I I ~r~. l'1 rr t+Jl'lll/fdrl) wrr1f f~ c./ oveRJ.A-1 y---o' ,. -0 "--- ~ r '-I THIS ITEM S City of OR011Wl,.Fi!ME!J RESOLUTION OF THE CITY COUNCIL 1415 NO. _______ _ A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR THE PLAT OF BALDUR PARK PENINSULA BEEN WHEREAS, a subdivision application for a four-unit Planned Residential Development was filed by Tonka Lake Properties on January 7, 1982 of a property legally described as: Lots 22 to 33, inclusive, Block 1, "Baldur Park", and Lot 21 except that part thereof described as follows: Beginning on the meander line at the Northeasterly corner of said Lot 21; thence Northwesterly on said line a distance of 50 feet to the Northwesterly corner of said Lot 21; thence Southwesterly on the Northwesterly line of said Lot 21 a distance of 23 feet; thence, Southeasterly to a point on the Southeasterly line of said Lot 21, 66.5 feet Southwesterly from Northeasterly corner; thence Northeasterly on said Southeasterly line 66.5 feet to the point of beginning, together with all of Nelson Lane, now vacated, and together with that part of Isle Boulevard, now vacated, lying North- westerly of a Southwesterly extension of the Easterly line of said Lot 21, Block 1, "Baldur Park", according to the plat thereof on' file or of record in the office of the County Recorder (formerly Register of Deeds) in and for said County, hereinafter referred to as the property; and · WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on April 19, 1982, at which time, all persons desiring to be heard concerning this application wefe given the opportunity to speak thereon; and · WHEREAS, at the regular meeting of the Orono City Council held on September 13, 1982, Tonka Lake Properties, hereinafter referred to as the developer, withdrew the four-unit PRD proposal and under that same subdivision application sought Council's preliminary approval of a plat of three lots of the property; and WHEREAS, the Orono Council considered the findings of staff and the comments of P. Gary Petersen, authorized representative of the developer, and made the following findings of fact,: RESOLUTION OF THE CITY COUNCIL NO. 1415 1. The property is located within the LR-lC zoning district requiring a minimum lot area of 21,780 sf or 0.5 acre Lot 1 is approximately 30,000 sf or 0.68 acre Lot 2 is approximately 30,160 sf or 0.69 acre Lot 3 is approximately 41,000 sf or 0.94 acre 2. The total building envelope of the property is severely restricted by the lakeshore setback standards of the Orono Zoning Code. 3. The building envelope is also restricted by a flood plain, area below 931.5 elevation, that includes more than one-third of the area of the peninsula. 4. A principal residence with accessory improvements can be located on both newly created Lots 2 & 3, meeting all required setbacks of the LR-lC Zoning District. 5. The new driveway to serve all three residential units will be constructed so to direct all surface drainage away from the lake; the existing driveway permits surface runoff direct to north shore of peninsula. 6. The proposed three-unit density with controlled use of - hardcover, strict adherence to all setback standards and control of surface drainage will be environmentally more advantageous than that of the existing residence. 7. The existing house on Lot 1 is the only house on Baldur Park not yet connected to municipal sewer. 8. The developer has assured the Council that the existing residence on Lot 1 will be connected to sewer by Novemner 1, 1982. 9. The hazardous structure on Lot 3 will be removed prior to final plat approval. 10. The proposed three-unit plat is more consistent with the existing pattern of development of the Baldur Park neighborhood. 11. The plat and required upgrading of Baldur Park Road will improve and assure the health, safety and welfare of the immediate neighborhood and general public. -2- City of ORONO RESOLUTION OF THE CITY COUNCIL 1415 NO. _______ _ 12. The proposed plat and required improvements will result in the enhancing of the property values of all surrounding neighborhood properties. NOW, THEREFORE, BE IT RESOLVED that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat of Baldur Park Peninsula per survey dated June 18, 1979, subject to the following conditions: 1. All lots to be connected to sewer; existing house must be connected by November 1, 1982 per irrevocable letter of credit No. A-12527-K. 2. One driveway from public road to serve all thre·e residentiaJ lots. 3. Removal of existing garage on Lot 3 prior to final plat approval. Removal of Existing garage on Lot 3 prior to or as a requirement of issuance of building permit for new house on Lot 3. 4. All lots are riparian to Lake Minnetonka and shall have docks located according to all City and Lake Minnetonka Conservation District ordinances. 5. Extension of existing Baldur Park Road to new turnaround by means of plat extension; includes paving of road and turnaround and approximately 200 feet of riprap shoreline/ road shoulder protection. 6. The Council has agreed to grant hardcover variances for Lots 2 & 3 as follows: a) Lot 2 shall be limited to b) Lot 3 shall be limited to 12 % hardcover variance 3 7 % hardcover variance As for Lot 1, the developer is advised that there may be no additional use of hardcover within the 75'-250' setback area unless there is an equal or greater reduction in the existing hardcover within the 0-75' setback area. The following improvements are required: 1. Extension of Baldur Park Road paved l8' wide to match existing surface to terminate at circular turnaround 40' radius paved surface, 50' radius right of way. Engineering plans for road and any drainage work must be approved by the staff and City engineer prior to the -3- ,-;c1 - r _: -';~_: fn:~f /l;~ ,, · City of oaON'(Yutt'",j RESOLUTION OF THE CITY COUNCIL NO. 1415 start of work. All work must be completed prior to final plat approval, or a developer's agreement must be signed with acceptable form of financial security to assure completion. 2. Riprapping of shoreline along Baldur Park Road extension per DNR-MCWD specifications. City permit will be granted upon approval of plans with no fee required. MCWD permit required. 3. Relocation of existing private driveway beyond turnaround. Existing driveway to be removed and reseeded. Locate to save existing trees. The following list of final submittals must be submitted within the first week of the month to assure required action by the Planning Commission at their regularly scheduled meeting on the third Monday of the month. 1. Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to l" = 200'. Drawings to include: a) Lot lines platted per preliminary survey dated June 18, 1979. b) Extend plat to include 24' minimum right of way for Baldur Park Road along Lots 17-20 inclusive. c) Plat turnaround at 50' radius as shown on survey (although do not leave private exceptions as rear part of Lot 21) d) Plat new driveway as a 20' wide outlot e) Dedicate turnaround and 24' right of way as Baldur Park Road. f) Dedicate drainage and utility easements: 1) 5' each side of lot lines between lots 2) 10' each side of driveway outlot and around cul de sac circle 3) minimum 20' wide along route or proposed sewer (which may alter size of driveway utility easement above) -4- ~J~~g~, City of ORONO-- RESOLUTION OF THE CITY COUNCIL NO. __ 1_4_1_5 ___ _ g) Dedicate public waters below contour 929.4 MSL as "Lake Minnetonka" 2. Legal documents required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by said interest. b) Private driveway easements and maintenance covenants. c) owners and others with property interest on Lots 17-20 affected by Baldur Park Road extension must also sign plats. 3. Fees to be paid. Total due: $980.00 a) Park dedication fees per current schedule, two new lots (acreage 0.85 acre/lot) 2 X $440 = $880.00 b) Legal review and filing fee@ $100.00 Adopted by the City C~uncil of the meeting held September 27, 1982. Attest:. CL~~/.~~ Alberta M. Strom, City Clerk -5- PROPOSED SUBDIVISION FOR PETERSON GARY P. OF LOTS 22-29, 31-33, AND PART OF 21, BLOCK I, / I ', I I I ·l \ Description: Lots 2/ tc 24 inclusive, .':!,fk<l t.ots, Jl t..c J1 inclusive, ·And Lot 21 axyept tl1JJ 1. part. thereof d~scrib,td as follows; Reginning on the 4,, . ~ IDltandtir line at tha Nor-theneterly corner of 14-1\1, aaid Lot 21; thence No:rtbweaterly ori said Un£i · ,~ • diet.nee of 50 feet tc the ~orthwesterly ,corTDIS 1Ttm-41AS BEEN of eaic:! 1.ot 21; t.be-nr.e S<Juthweat.erly on the NoiU.-~..q - westerly l!nA of said .,01. 21 s distance of 2) MleDftflllMEO thence Soutbee.Bt.er-ly k r, point or1 the Sou tr.ea l\fJJ~ P, oJ'' s.a.id Lot li diFt.ant 66 . .'5 £eet Southwest-erly from a~1d Northeasterly corner; t..henc-e Nortb.,,:i.sterJ:y on s~ia SoutJ-.eaaU:5-rly line'· 66.; feet to the ;JOint of r..e,ginning 1 all 1n Bloc).; 1, 11 88.lrur Pnrk'1 ; T.ogethar with a.11 of f.ielaon i-~.ne, now V!!:ICRted·, 1:tnn to1;et,hor with that part of !.eile Houlevurd, no-w v~(':ete-d. lvi"~g NorthweatArly of~ Southwest.-. erly extension of the iaat-erly Um, of said lot 21, accorrlini.'. h5 _the-pl.(tt. thereof on rtle <1nd of re~.nro in t,hft ofri('e of the Regia 1,l:tr 0f Ce-eds in A.od for-1!18id• Hennepin C:ounT.y-, Minneeota. · 0\/ller: Gary P. Peterson 1 bl1':9 Rayriflgei Ron<i, Mound,. M.innnBDte., >~,-~6-4. Stll"Veycr: 1.:0rdon h, Cnt'firi, 307'-r WRtert,ow-i1 Roari, Long-t.akt;, ~•in11tteotai 5)356. Scalet l inch = 50 t"eet Tole(/ Ana : IZC~OOO~ S.F. z.Bt Ac. JT',-yis,:d lo"youf-Mon:/, 28 , /979 -,r,.,,.,:eo luy,,uf -April ZS, l"J7CJ R•:n.s,i:-d laycv/ · =r 31 1 l'11? ,fc:n.:sed Jayoul -J<.1n~ 18,✓"7'!- II BALDUR PARK II N A RESOLUTION GRANTING AV ARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO.11-3520 WHEREAS, Harold Wingerd and Sandra Wingerd, a married couple (hereinafter "the Applicants") are the owners of the property located at 1376 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as All of Lot 20 and that part of Lot 21 , Block 1 Baldur Park, described as follows: Beginning on the meander line a the northeasterly corner of said Lot 21 ; thence northwesterly on said line a distance of 50 feet to the northwesterly corner of said Lot 21; thence southwesterly on the northwesterly line of said Lot 21 a distance of 23 feet; thence southeasterly to a point on the southeasterly line of said Lot 21 , 66.5 feet southwesterly from said northerly corner; thence northeasterly on said southeasterly line 66.5 feet to the point of beginning, Hennepin County, Minnesota (PIN 08-117-23-31-0005) (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1288 to allow 32.8% hardcover in the SW Oto 75' zone where 30.7% exists and 0% is normally allowed ; 40.3% hardcover within the NE Oto 75' zone where 40 .8% currently exists and 0% is normally allowed ; and 53% hardcover within the 75 ' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction with reorienting the driveway on the property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code , the Orono Planning Commission held a public hearing on August 15, 2011 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono , Minnesota: FINDINGS 1. This application was re viewed as Zoning File 11-3520 . Page 1 of 5 2. The Property is located in the LR-IC One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on August 15, 2011 and recommended approval of hardcover variances based on the following findings: a. The Property contains 11,971 s.f. (0.27 acre) in area and has 60 feet in width at the southwest OHWL and 100-feet in width at the northeast OHWL. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. The Applicants' proposal will orient their driveway directly from Baldur Park Road right of way and will eliminate the need to utilize the adjacent property for access. e. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. f. The Applicants' request will not alter the essential character of the neighborhood. and will result in minimal negative impact on adjacent properties. g. The Applicants' reqµest is in harmony with the purpose and intent of the ordinance. h. The Applicants' request will not adversely impact driveway access for the property to the northwest. 1. The Applicants have provided a plan which meets the minimum hardcover required for driveways and sidewalks. J. The Applicants have demonstrated that enforcing the hardcover provisions of the Zoning Ordinance would deprive the Applicants of the reasonable use of their Property. Page 2 of 5 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance 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 practical 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 to allow 32.8% hardcover in the SW 0 to 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE 0 to 75' zone where 40~8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction with reorienting the driveway on the property, subject to the following conditions: 1. Cqlfu9fr approv,tl is based. on the survey submitted by the Applicants and annotated by City staff, attached to this Resolution a:s Exhibit A. Any amendments to the site plan wlllcp. are not in conformity· with City codes will require further Planning Commission andCity Council review.. ·· 2. Hardcover{shall not increase above the existing and approved levels as follows: 1,210 s.f. ofhardcover(32.8%) within the SW 0-75' zone; 2,617 s.f. of hardcover (40.3%) within the NW 0-75' zone; and 1,239 s.f. ofhardcover (53%)within the 75'-250' zone. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. The Applicants' building permit plans shall address the City Engineer's comments and recommendations. Page 3 of 5 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A final inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 12, 2012). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants ru:id the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolutionin t.he chain of title of the Property. Adopted by the Orono City Council on the 12h day of September, 2011. ATTEST: Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Property.Owner ,,,>' Property Owner Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2011, by Harold Wingerd, husband of Sandra Wingerd. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrumentwasacknowledged before me this_ day of _____ , 2011, by Sandra Wingerd, wife of Harold Wingerd. •. Notary Public Page 5 of 5 CER TIFI CA T E OF S U RV E Y F OR HAROLD & SANDRA A. WINGERD IN L OTS 20 & 2 1 , B LO CK 1 , "B ALDU R PARK" HENNEP IN COUN T Y, MINN E SOTA / / / / / ,,L_NW'LY UN£ / OF LOT 21 / ~EFORMED 12' DRIVEWAY •;·· LEGAL DESCRIPTION OF PREMISES All of Lot Twenty (20) ond thot port of Lot Twenty One (21), Block One (1), Boldur Pork, described as follows: Beginning on the Meander line at the North- easterly corner of said Lot Twenty One (21); thence Northwesterly on said line o distance of 50 feet to the Northwesterly corner of said Lot Twenty One (21 ); thence Southwesterly on the Northwester ly line of said Lot Twenty One (21) o distance of 23 feet; thence Southeasterly to o point on the Southeasterly line of said Lot Twent y One (21), 66.5 feet Southwesterly from said Northerly corner; thence No r theasterly an said Southeasterly line 66.5 feet to the point of beginning. 0 denotes iron marker (908.3): denotes existing spot elevation, mean sea level datum [[jQ]]: denotes proposed spot elevation, mean sea level datum --9 17--: denotes existing centaur line, mean sea level datum ---0@--: denotes proposed contour line, mean sea level datum Bearings shown ore based upon on assumed datum. This survey intends to show the boundaries of the above described property, the location o f on existing house, garage, deck and driveway, the location of all eY.isting "hardcover", and the proposed location of a proposed driveway thereon. It does not purport to show any other improvcements or encroachments. DATE EXISTNG GARAGE L AKE RECE IVED SEP O c. 20i1 CITY OF ORO NO -20 0 SC A L E MI NNE TO NKA NOR TH ARM EXISTING HOUSE 11384 20 IN MEANDER LIN( AS .SHOWN ON THE PLAT / Of BALOUR PARK 40 60 F E E T ~rhe~~! ~ti~ret~lt~~~vf!fo~?o:dasufa'te~a~ !"dze, registered t'ivil Engineer and Land Surveyor under the lows of the State of Minnesota. SCAU: 1"=20' DATE 6-27-11 $GR ON B ERG AN D ASSOC I ATE S, INC. ~I-=--==--t~=--==--==--t~=--==--==--==--==--==--==--==--==--==--==--==--==--==--==--==--==--==--==--l=l CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS =-,, / 445 NORTH WUOW DRIVE //"'Z,,G_/_✓-~c....e-. .IOB NO. t---+----+--------------------1 LaNG9~f~1~415l1356 •--~,~s=. ~G-,o~a,=.,-.~.=,=-,=,~o,=o-L~ice=o=,.=;,.a;=s.<mb-,-, -,,-,-,,-1 l l -l72A l-172A Date Application Received: 07/20/11 Date Application Considered as Complete: 07/29/11 60-Day Review Period Expires: 09/27 /11 To: From: Date: Subject: Chair Schoenzeit and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planning & Zoning Coordinator AJI. U 11 August 2011 11-3520, Harold & Sandra Wingerd, 1376 Baldur Park Rd, Hardcover Variances Public Hearing Zoning District: LR-lC, One Family Lakeshore Residential, ½ acre/100' Lot Area: 11,971 s.f. {0.27 acre) Lot Width: 60' at the southwest OHWL / 100' at the northeast OHWL Application Summary: The applicant is requesting hardcover variances in order to rearrange the existing driveway . Staff Recommendation: Planning Department Staff recommends approval. Pertinent Zoning Ordinance Sections Sec. 78-1288 . Hard cover limitations. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Exhibit J. Background Application Practical Difficulties Documentation Form Proposed Survey Existing Easements Existing & Proposed Driveway Configuration Submitted Hardcover Calculations Aerial Photos City Engineer Memo Property Owners List Plat Map Letter from Frederick Puzak (neighbor) A portion of the applicants' current access to the property is over the neighboring property. As illustrated by Exhibit D, the neighbor to the northwest, Frederick Puzak, has two access easements over the Wingerds' property. The Wingerds previously utilized a portion of Puzak's property to enter their driveway; based on recent events the Wingerds can no longer use their current access . To solve their access issues the Wingerds are proposing to reorient their garage doors from a side load to an end load and construct a new driveway entirely on their property. The lot has lake on both sides and a very small 75'-250' zone; hardcover variances are necessary in order to do as they propose . LOT ANALYSIS WORSHEET Lot Area/Width: LR-lC Lot Area Required 21,780 s.f. (0.5 acre) Actual 11,971 s.f. (0.27 acre) Hardcover Calculations: Hardcover Zone Total Area in Allowed Zone Hardcover SW0-75 3,148 s.f. 0 s.f (0%) NE 0-75 6,486 s.f. 0 s.f (0%) 75-250 2,337 s.f. 584 s.f. (25%) * After exclusion of fabric or plastic-lined landscape beds Hardcover Variance Lot Width 100' FILE# 11-3520 11 August 2011 Page 2 of 3 60' SW & 100' NE Existing Proposed Hardcover Hardcover 290 s.f. * 417 s.f. (9.2%) (13.2%) 2,648 s.f. * 2,610 s.f. (40.8%) (40.2%) 870 s.f.* 1,088 s.f. (37.2%) (46.5%) The applicants are requesting hardcover variances in order to address an ongoing issue with access. They have proposed to remove the side-load garage doors and move the doors to the south side for an end-load garage. This will allow them to change the driveway so that they do not need to utilize the neighboring property for access. They are requesting to increase hardcover by 127 square feet in the southwest 0 to 75' zone; reduce hardcover by 38 square feet in the northeast Oto 75' zone; and increase hardcover by 218 square feet in the 75' to 250' zone for a total increase of 307 square feet. Baldur Park Road as it approaches the applicants' property is approximately ±12 feet wide. The applicant is proposing to remove a large blacktop area in front of the garage as it is currently oriented. Some of the blacktop removal is proposed within Puzak's easement resulting in a ±12 wide driveway before it widens out on Puzak's own property. Puzak reviewed the proposed plans and expressed concern regarding the proposed hardcover removals within the area of his easement and emergency vehicle access to his property. Staff discussed the issue with Correy Farniok, Orono's Police Chief and determines that any width in driveway in excess of ±12 feet has no additional emergency access benefit. Puzak may appear at the public hearing to discuss his concerns further. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the 2 FILE# 11-3520 11 August 2011 Page 3 of 3 effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds due to the current access arrangement and the property's proximity to the lake, practical difficulties exist. The applicants' plan should be reviewed against what is the minimal increase in hardcover necessary to alleviate the practical difficulty. The proposed configuration of the new driveway as it meets the existing driveway should be revised such that maneuverability is not compromised i.e. flare both ends outward to facilitate pulling into and backing out of the new driveway. Additionally it should be noted that by removing all of the blacktop hardcover as proposed eliminates a sidewalk to the front door from the driveway. The applicants should revise the plan to address both of these issues. As part of this application, the applicants should be required to remove any existing sidewalk or hardcover encroachment which extends into the property to the northwest. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of hardcover variances in order to reorient the existing driveway. The applicants should address the need for a sidewalk to the front door, remove encroachments, revise the curb cut of the driveway, and be required to submit an updated survey reflecting the changes prior to City Council review. 3 E:XtSTI~A City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono , MN 55356 Main : 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay , MN 55323-0066 Application # / / -3 5 ~ D Date Received : 4/20/1 I Staff : Fee : $700 --'---------Renew a I: $350 ---'-------- After-the-fact: $1,400 (double fee) Escrow Fee: $2 ,500 new home/ addition / new structure $ 600 other variance This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application . Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: /zlAl?tlL-ll -1 JAJI//J/2.,(j U/JA/C€/?,~ ,,/T l ..l7{!;' dAL-t?U,< .PA/f k /c7,l,(J Property Identification Number (PIN): =~ ...... 2_-..,_//,.._7,..__~=-2J;::___-_.?=--'.l ----"o_t7_"_.cs _____________ _ Date Property Acquired (month/year): /o -o 2 □ Yes, I own the adjacent parcels. Zoning District: -LA -1 c ---------- APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name : NA~/1(.,,~ ,t .f",IIA/IJAA W/J./C:£/c!} Phone (home): '7.52-L/ 7 / -/ cJ ,y 9 Phone (work): Complete Address: /.376" o'A<-.t'a;( ,e?,1/k /o.u2 City, State & ZIP dl!o/f./c, ft/IL/ .s-s39 J Email : hr w i '?Jerd@qwelta ffr i.e, C4M Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name : ..F-IM€' Phone (home): Complete Address : City, State & ZIP Email: ------------ DESCRIPTION OF REQUEST: Phone (work): Fax: Describe the request in detail (attach additional sheets if necessary): 7/1€ tf/€/f;)l/,(7/l. T~ 7#€ W€'[r /IAJ" BtoCkr/} 7li,I€ li2/LC 71-i(M ,ICC€Cf' Z:<2 Last Updated : 6/27/2011 RECEIVED JUL 2 0 201'1 CITY OF ORONO #3520 ; ·~ REQUIRED SUBMITTAL$: All of the following information must be submitted by the application deadline date in order for your application to be processed. APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the aoolication mav not be issued. Applicant's Signature: Applicant's Signature: Owner's Signature: Owner's Signature: Last Updated: 6/27/2011 :S~ Wttf\,g ~ Date: \ \. Date: _-S_~_--'\_ ____ Date: Date: RECEIVED JUL202011 CITY OF ORONO #3520 PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete-or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462 .357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land {3nd not the land owner . Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated . HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified . The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." /7" IL tf e A.[(2tt/,{f '-£ Z:P e/,{VC d C' c~:-r /" Tt? ,L,1-,-' eX/ £rlv C 0(/l.,t C:€ . 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." T&,1£ A/§"l(l'/1#<1-<., Tt? Zh"f" w~rr R u>CK E~ rAlf EX ✓(T/tV'.C 0-,,r/,t&".Cr re, 7#~ 3. "The variance, if granted, will not alter the essential character of the locality." ,/Vt;J TH,/,,V(;. ,If cu,v r::uLG cX("c.Pr T #E" /4f l l/€"L-VA Y ~(J(",17UIA./, 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." TAI/J" /f' ,u~7 €('t?,v~m,c . 1 r /J' A )lcccr.F.1Yt. ;> 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems . Variances shall be granted · for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." · 7#€",(£ /J' t.lKf'.[#dA £ d.U /'&TN .FJ~lj ~ TAI/J" /AP/('[T1 Ml/0,1//; .IT /Jl,{/lt,J'/"/dt,F" ,Td etf:€"7 //,{-<~cNf'-< ~~&w/"-v:Hr:if.l #<!11?1 4~c ~:nt€" + AFTf"-< -ff"ttJc-,1.,-,vc r A1ir L L tkEwlAt 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located ." · - A ,tAtVE?UA:t rt:1 ,,1.v €'X.1.frl1VC C-,,1,,,{A<J'f' /f' dL <t?Ulf'tl #4/ Ncc-f"Ff',o. 7 . RECEIVED -15-' JUL2O2011 CITY OF ORONO #3 520 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family · dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." ,1111,tr /toe~r,f-.r 4d &n: ddvt ?</A,f"/4 t2&1 "T?V0 r ;~er: du-lJ A .UDC"/1.i,?4 Vhi7 CL-fTF t?FJ: JV ICCM',[ «t£1 &M A t 17 ///C T/Mf:'., 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." &t1AHL4t'f QZ'o:'.1':A. /lfitJt4FA.1'1r/' ht .V4T ,¢fJ:Udt££ tff"tt!C,tTNtY'. OF d ,f,,t;Vf'.W,<t. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." /r /f d/<r:('Fl'/'&A'-f Tt:7 t?r-: Id<-£ z:o ,,rccc.r.r uYE Fx1D11A/C c:u.,Av:f' 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." /7 4,//1.< ~"j" 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." r;W.I' .1.r IJeFIIV/rfLt A A./cC'C'l'f"/7-Y •' ,,lh:n· A C4V//€",Ult:&cC Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the followlng lines (attach additional sheets if necessary): -16- RECEIVED ,!!!I_ 0 0 2011 f . {OF ORONO #3520 ~~ £ ~ CERTIFICATE OF SURVEY FOR HAROLD & · SANDRA A. WINGERD IN LOTS 20 & 21, BLOCK 1, "BALDUR PARR" HENNEPIN COUNTY, MINNESOTA \ ~ \ \\\I,\ \I,' \ \ \ \ 1-' \ \ ~' < \ "'i's \ -,c:i ···, ..... s:) ,,•···••' ( \ \ ... ;,,_, ·~ \ Q"l \ 'a \ 0-:. \ ,,, \ ~\ "qoo:'\ / <P . ··• •.. ..< • ..-0 '"'? LE GAL DESCRIPTION OF PREMISES Alf of Lot Twe nty (20) and that part of Lot Twent y One (2 , ), Block One ( 1), Baldur Par k , described as fallows: Beginning on the Meander line at the North- easterly c orn er of said Lot Twenty One (21 ); thence NorthwE:isterly on said line a distance of 50 feet to the Northwesterly. corner a_f said Lot Twenty One (21 ); thence Southwesterly an the Northwesterly line of SOid Lot Twenty One (21) a distance of 23 feet; thence Southeasterly to a paint an the Southeasterly fine of said Lo t Twenty One (21 ), 66 .5 feet Southwesterly from saic:J Northerly corner; thence Northea sterly an :said Southeasterly line 66.5 feet to the point of beginning. 0 : denotes iron marker (908.3): denotes existing spat elev ation, mean sea level datum 1910 .8!: denotes proposed spot elevation, mean sea le ve l datum --·917--·: denotes existing contour line, mean sea level di ctum ~: denotes proposed contour li ne , mean sea level datum Bearings shown are based upon an assumed datum. Th is sur v ey intends to show the boundaries of the abo ve descr·ibed property, the location of an existing house, garage, deck and dri vew ay, the location of all existing "hardcover", and the proposed location of a proposed <lrivewa y thereon. It does no t purport ta shaw any other improvcements or e1ncraachments. 1)0 '"'71).f o~ ~o'{~ ~ ":l() 111 72REVISED.SCJ ·•$GRONBERG A.ND _____________ ___,. . ASSOCIATES, INC. I I I I I CONSULTING ENGINEERS, LAND CHECKED SURVEYORS_. & SITE PLANNERS 445 NOKTH WILLOW DRIVE 1---+----1--------------------1 LONG LAKE , MN . 55356 952-473-4141 DESIGNED RE VISION OAT.E DESCRIPTION DRAWN 11-172 <v LA:KE MINNETONKA NORTH ARM ··1 t ··i i ~::) MEANDER LINE AS ,SHOWN ON THE PLAT ./ OF BALDUR PAR K ... ~_,// ~<?;> 'Oj -20 0 20 40 60 ~Uliiiiir 7tlilll11 ---~· S C A L E I N F E E T ~ I hereby certify that this surve y was prepared by me , SC ALE or un de r my direct supervis ion, and that I om o du ly 1 "=20' registered Civil Eng in eer and Land Sur v eyor under the lo ws of the State of Minnesota. DATE ~./~-<-~ > 6-27-11 JOB NO. 11-172 #3520 RECEIVED JUL 2 0 2011 CITY OF ORONO lJ t(,A A. vv 11\J lJ-r.., t(, lJ ,OCK 1, "BALDUR PARK" JNTY, MINNESOTA ,, ~ lJAKE MINNETONKA u ~ ~ -E ~ m ~'' .... ... ··. . . . . . . . . .. .. ···... . ..... .. .. ... \ ,.. .............. . ;.> 6' ·a ~-.? > lr -~, ~ \ ~ \ ~\ v~ \ :13 c:P 9\J ~ ~ \J\J {1,, "? . "'); .. .. ·" .;· \ \ \ \ \ \ \ l ,:• ...... ,-·-. . ::· . .: \ ,, I f I .::· .. · 1~ ! ,::· ,·: .. 7 ·• .... • I \ ,'\. ~ \o/ i,\ 0~ \\ "--~' \0 ... , ........ \ .. .... -· .. ·· .. ·;-~·······~·AIL IN ·"···BLACKTOP ~ \ 6q \ / ~ .... \_.../ ~ (TYP) ·· ...... •\ ~ ~ 4>0 '7..p_f 66 '76 '✓-'4> ✓ One (21 ), Block One ( 1 ), Meander line at the North- e Northwesterly on said line of said Lot Twenty One (21 ); aid Lot Twenty One (21) a ,t on the Southeasterly line of from said Northerly corner; feet to the point of beginning. ':)C) NORTH ARM ~; t ' :;½«>·EXISTING HOUSE #1376 ' ( I ' !/I I Q) / I I .. , .-····•, : \ J : ..... : . . : ..... • // ...... MEANDER LINE AS .,SHOWN ON THE PL / OF BALDUR PARK 7) ' ....... / ,;, ~ s ................. ~cp 'Oj LJL\A A. vv 11\J U-!:. !\ LJ OCK 1, "BALD UR PARK" JNTY, MINNESOTA \ D 1\ \ ·~ \\ ~ \ \ ~ \ \ \ \ \ ' ,, , cf) o()'1j ix<:?>'"' ~ LAKE MINNETONKP. \= 1,,' \ ~ C)v ~ .£: ii \ 1.r\ \ \ ~~~ \ \ ~ .. , \ (~~--1-j ✓ .. " ,. NORTH ARM '\ 'b~ \ \ .. \ \ ~ \ ~\ \ \ \ \ 6'6'\, \ \ ·oo\. \\ ~ / / / \ \ ..... .. \ .... , '\ ' ! .... x···\ . . : : ' -? l / \ :z ~ )( ' / ~ \ ':I J ' //0' ~ !J.\~11\' / 0 .t.,,l / 0 / t,.) --f· / -'; / ~NW'LY LINE / OF LOT 21 / / / / / / REFORMED 12' DRIVEWAY, ...... ,,: ......... . // EASEMENT · PER DOC. NO . .. / 2518347 . . .. •• ... ... ·····• ·· .. . . . . . . . •.. ·• ..... .: ,, ··.. .. • ..... · ~C) '.Sq, otx tx~ txtx <J ~ ~ ....... ............. \ : .•· --··· ······/ <~..,, ;. I .·········· \ '~ "'t,1, _ .... ? ·a . I ( \ ~• .. :• . , I \ : \ .';.> ............ ' ·-,~ .... Cbly, ( >--"-.. 929.4 '<?r i"'t1r '-....... CONTOUR O o,-SQ' · /4 LINE . <1 ·Oo S sr<>E_ ~-, . SU~VEY1!:>------.§ < 0 ~it ' ¾~'EXISTING HOUSE #1376 \ ,\~ \ o/ i,\ I I I !Ji q, I .. . ... ... . . i \ l : ..... : . . I •••••' ( m er I I / / 1,, \ 1-fd)~, c..r '•, u'o \ 0~ '\'\ '----';x" .. --· .. •' .•· .. \0 /\ .. •·· \ ... ?Q \ V-:. \ ~ ~ :.:.'.i······ NAIL IN "••--BLACKTOP ~\' 0 : -~.:\ _ _..../ ~ (TYP) ·• ..... •\ .<() ~ -Po '1'46c. -?a·✓-'4> , One (21 ), Block One ( 1), Meander line at the North- :! Northwesterly on said line :>f said Lot Twenty One (21 ); Jid Lot Twenty One (21) a t on the Southeasterly line of from said Northerly corner; feet to the point of beginning. ':>() ,z.c; 1-1;,"' 't 8' :;-O¥,fP0)f wu MEANDER LINE AS •. SHOWN ON THE PL ..•... / OF BALDUR PARK :,' ,:' .,.: ' ' )( ,~ '."5 ....... ....-· ~<t; "Oj UI /JI/ G Gt< 0 Address: ____ \ 3_7_6 _ ____,8=-4_L_D~tl-R __ }1_· ~~f~~'-c.._R~·~a_1.~_o __________ · Date: 7-zo ... I I Prepared by: 6'&01,HJe ff<:'~ 1 :f . .4S5r,h:'.'.~A1'.f HARDCOVER CALCULATION WORKSHEET SETBACK 0 ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length fzl 1-IJ.li~6.l O!ic~l ______ 2, TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A -Z.641, X X X X X X X 75-250' 250-500' = Width = = = = = = = = X 7 S' %"-------= X X X X X + B = = = = = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ______ x ______ = B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 2610 X X X X X X X X X X X X X X + Width = = = = = = = = = = = = = = B 'b'+Bb X 100 = -1-2 0 500-1000' --'~b_7_'2. __ S.F. · /.,)OtJ5i~ ______ S.F. ______ S.F. ______ S.F. __ 3_.B..,__ __ S.F. ______ S.F. --'-"I 0'--7.____S.F. ______ S.F. 67'5 s.F.-DsPl. ----,,,.~.,,""',:::--, --J'«,h_"' ___ .. _· -"~--S.F. -5T>::t.,v.f ______ S.F. S.F. -----S.F. ----- --'l...;;.O_l.f-_,._. __ S.F. -8m.tLOE,Q_ 3 _"i10h/.t'. -~~0 ___ S.F. r,0 11;0£1< __ Z._b-'4.,..8,'----S.F. A · -~b"""'-t=$=6~-c--_ S.F. B -~<t.t,_o~.fi-3~_% __,, _____ S.F. ______ S.F. _____ S.F. ______ S.F. ~ 3'8 S.F.-1:\rfl/O\/[ --~--S.F. Of/1vf _____ S.F. _____ S.F. S.F. ------S.F. ------ ______ S.F. ______ S.F. ______ S.F. ______ S.F. S.F. ----- 1$!(? S.F. A ---"--.,.----641='6 S.F. B ---"':---'~=--Re ki--e,1, % O I -\,J::-f vr-r-.1.:0----40 I •i f!IJ JUL 2 0 ?011 CITY OF ORONO it,., J N G,:; Ii. IJ Address: 13 7.b 8ti L()cJR P,vlt L K0/4£) . Date: 7 ~"21) ~ I(' ___ _,.,_ _____________________ _ Prepared by: __ ~_1<--=0--'-N-'-=J3=.Gi.....;1....:..~ ...... · _f_· _A .... • _)S'_O_IC._Jl'"'-J' ,-.-if .2-e __________ _ HARDCOVER CALCULATION WORKSHEET SETBACK.ZONE: (CIRCLE ONE) @ 75-250' 250-500' EXISTING HARDCOVER IN ZONE 5ovr.i-iwtJ.·sr A. House X = Length Width 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. Retaining Walls X = H. Other X = TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -401.b -07'/?) (AfZ-fA t 1--1 E'Asf-.M 6N-r) A . "2-CiO + B .flq_8_ X 100 . - PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ______ x ______ = Length Width 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. Retaining Walls X = H. Other X = TOTAL HARDCOVERIN ZONE + \?..1 N!;:.T G.;AtH +-zqo TOT AL PROPERTY AREA IN ZONE A l\-1] + B ·,'t 48 X 100 = 20 500-1000' _____ S.F. ______ S.F. ______ S.F. ______ S.F. --"-2-'-;,_,_C( __ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F. _ _,,,..2_12~U""") __ S.F. A __ '3"'--1'--L-r..__9'""' , __ S.F. B -~9~·=2,~f __ % ---,------S.F .. _____ S.F. _____ S.F. _____ S.F. +½-) '"J S.F.-1'--lf:i\d OJ}, ===-:z.:7,'-:! ==== S.F. -Rt/'A('J!.lf ~'>K~ ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. _____ S.F. _____ S.F. -Sf ~.[,1e-r(,";/f ______ S.F.-151'.)(t ___ 4'--1-..,,7 __ S.F. A ---'~'-"/_Ll._-S)'-="-__ S.F. B ? 2 _.. Of _ __._I-"-'> ':...:;...a" ).__ __ ,o W J Jtl C fill () Address: 13 7 6 Btit.OUIL P~r?,;L R'oAo Prepared by: GR l? N 13\:"t< &, # tf S5 0 .C.8/.17!'$ HARDCOVER CALCULATION WORKSHEET SETBACK.ZONE: (CIRCLE ONE) 0-75' ~50-500' EXISTING HARDCOVER IN ZONE A. House X = Length Width 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. Retaining Walls X = H. Other X = TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 't:>70 + B '2331 X 100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House X = Length Width 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. Retaining Walls X = H. Other X = TOTAL HARDCOVERIN ZONE TOTAL PROPERTY AREA IN ZONE A Io & S + B '2127 X 100 = -21 - Date: 7 · 2c) -ti 500-1000' __ £t...,...8> ...... B __ S.F. ______ S.F. ______ S.F. ______ S.F. 330 ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. S.F. ------ ______ S.F. S.F. ------S.F. ------ __ ,_q_· __ S.F. ·:r,s 'S7 c;,~., f -__ ...__ __ S.F.-;.,,,1-,,i\,::",::,,, ,,JV ,,~J,t:., ""•.~• ---8=1 -0 __ S.F. A __ ,-"--=-3 ?.""'""' .,_'7 __ S.F. B __ 3 __ 1_:2""""1'--__ ¾ --, _____ S.F. ______ S.F. f.;f,/1, ,011f __ -_;_}_)V-"'-----S.F :-0 LD --+~$_4..:;_3 ___ S.F., .. ,,,r: ., ., ,··, J '} f,1+'1-<' 1.,..• ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. S.F. ------ _-\_. -_l _~ 8' ...... ·· -,,.--S.F. -N [if t:-:;;.,;;,i ,1, --"--'D 0"-8"'""'1 CJw::..n ___ S.F. A --=-'2_,_32 "-.> 7.,__~-S .F. 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"J4 ;h•' .•!li ••;.';;~:<.i•'>:\;.~ •\'''.&:.., . '.A-T ;' ' ~ -' {,:.a • • ~~~ .~;'{ri:,•:;fl.\.,p,•".,~l<-Y . . ' . -•r r•. •\<". ~•• .~,, ., , ' . .-,, ,,, •;~~;,,!!\F;,(~l t. -.,t;~· ...... 1:-GtJ.~~A~':.r~"f:· > • • ·::-i,f/~•_ff;~f'·~ ~,·· • . . i , .ir,:,:.;;.;,:~d1'<:ii,-. ·.. . .· \, ;V· ·. •· . 'f"." :.r;;:,:\,.{'i'~,~-' .. . . . .... -~•'(·' , .. · q . '\"' ;f : ·. . -· ,:.·1 jo<• .. , · ~' lillit, C ">· •'·• · '"°'*'¾'· .... -~ i',;'i/i;t,~!<'!:',!;Cfl:t~,<~i<4.-c,i,t,:,·,c>!:,_l ;i';l J~t ::.· . ,t~f ·::~~ti~1~l(iJ~t-~t~:tf;·l/Jtii;t\i.l t ..'~~_,-;, ~li~ ...... . .l!lill II ·· .. ,. http://www.b ing.com/maps/defau ltaspx7enc T ype=l &wherel = 1376+ Ba ldur+ Park+ Rd %2 c+ Wayz ata %2 c+ MN+ 55391-9302&cp=44953297 --93 .616898&FORM = MIRE!# ~ • Looking South West . . . : .-.. -....... .. ·· .. --~. '--. .-•... ': .. •. 6 :-... _. .. ·,, ..... : -.· ... ~ ,. :-. -'t•·: ..... ·-., ~ ,._ ... 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www .bonestroo.com August 9, 2011 Ms. Melanie Curtis ♦eonestroo Planning & Zoning Coordinator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 1376 Baldur Park Road File No. 000139-11000-1 Building Permit No. 11-3520 Dear Melanie: We have reviewed the plan for the proposed driveway relocation at 1376 Baldur Park Road. The plan is dated June 27, 2011. We have the following comments with regards to engineering matters: • The plan is acceptable from an engineering standpoint. • This project will disturb more than 25 CY, but less than 100 CY of material. Sediment and erosion control information meeting the requirements of Orono's City Code 79- 7( c)(l) must be submitted. The minimum $2000 sediment and erosion control financial security should be required of the owner for this permit. If you have any questions, please call me at (651) 604-4894. Sincerely, BONESTROO Darren Amundsen Cc: Tom Kellogg RUN DATE: 7/19/2011 HENNEPIN C'--_,,TY PROPERTY INFORMATION SYSTEM (PROPERTY OW , .• <S LIST) PAGE: 1 38 08-117-23 31 0002 ML SCHROEDER/KE SCHROEDER 1396 BALDUR PARK RD MICHAEL & KA TIE SCHROEDER 1396 BALDUR PARK RD WAYZATA MN 55391 38 08-11 7-23 31 0005 SANDRA A BENSON 1376 BALDUR PARK RD SANDRA A BENSON 1376 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0008 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 I CERTIFY THAT THE FACTS REPRESENT- / AS IT APPEARS THIS DATE ON THE RECORIJ 38 08-117-23 31 0003 GILBERT H & ROXANE T GEHLE 1392 BALDUR PARK RD GILBERT H & ROXANE T GEHLE 1392 BALDUR PARK RD WAYZATAMN 5539 1 38 08-117-23 31 0006 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 38 08-11 7-23 31 0009 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 DATE : JU L 1 9 2011 BY ~~~~~""'---,IL----"''-- 38 08-117-23 31 0004 M D & J A VERSTEEG 1384 BALDUR PARK RD MARK D VERSTEEG 1384 BALDUR PARK RD WAYZATAMN 5539 1 38 08-117-23 31 0007 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK.MN 55384 RECEIVED JUL 20 2011 CITY OF ORONO #3 520 H Hennepin County Mailing Label Map I Provided By: Taxpayer Servi~es Department L ----------------------------------------~ 11 1 For more information contact: Henn epin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis.info@co.hennepin.mn. us Map Comments: 1376 BALDUR PARK RD ORONO,MN 08-117-23-34 Print Date: 7/19/2011 Map Scale: 1" = 195' Buffer Size: 150 feet Map Legend : Water Parle Parcel ~ Buffer Region Selected Parcels Major Roads Minor Roads '-------------------- RECEIVED JUL 20 2011 CITY OF ORONO 3520 II 1vi r1 CJ-ch1 av-n VC"tA a+k v- the rt<c~ wa,J Ufieot . U refer~nus acld ;hvYi1 t,x~L,t b1-h) du uu tv'-Pnh · sh ff wi II Vltirl LA I~ mti,,, 0t11a~t~0te for clisplttij dl/4nnj rn~ pl{bi, G VJCC{ Vt~ 1340 Baldur Park Road Orono, MN 55391 Mike Gaffron City of Orono 2750 Kelley Parkway Orono, MN 55356 August 10 , 2011 Re : Variance Application 11-3520 , 1376 Baldur Park Road And Court Order file #27-cv-08-23042 Mr. Gaffron: RECEIVED AUG 1 I 2011 CITY OF ORONO As new work is being planned to resolve access and parking issues at the end of Baldur Park Road, hopefully the City will take the time to consider a well thought out, long-term solution to this problem. First, the Gronberg survey submitted with the above land use application 11-3520 at 1376 Baldur Park Road is incomplete and inaccurate as follows: 1. The easement for driveway purposes described in Doc. #2513998 , burdening Lot 20 and benefitting Lots 21 -33 , is not shown. Attached is the court order #27-cv- 08-23042 which affirms the validity of that easement. 2 . Also , the driveway easement shown over Wingerd's Lot 20 is incorrect. The "reformed 12 ' driveway per Doc. No. 2518347" is valid only over Lots 21 -29. The court order also states that " ... the (previous) Order (251834 7) did not refer to Lot 20 in any way." See Court MEMORANDUM Facts I. b. par. 2 and Analysis III.d.2 par. 3. As you know, adequate access to the neighboring Lots 21-33 has been an issue for many years due to the Wingerds ' failure to observe the full width of the above mentioned easement. They have landscaped over part of the easement drastically reducing its width to approximately 14' -16', and vehicles continuously parked within the easement have exacerbated the problem. The Long Lake Fire Department is on record voicing its concern about the passage of emergency vehicles at the end of Baldur Park Road . The time has come to define a fire lane sufficient to serve Lots 21 -33 , approved by the City and enforced by the City. Previously it was proposed that Baldur Park Road be extended over Lots 21 and 22 . In so doing, the City snowplow would gain a place to deposit snow to the West of the road on Lot 22. The remainder of Lots 21 and 22 to the East of the road could be purchased by the owners of Lot 20 to create a legally conforming ½ acre lot in the LR-lC zoning district. Enclosed is a sketch showing the possible extension of Baldur Park Road over Lots 21 and 22. The West side of the road from Lot 17 to the end should be posted "No Parking". Until the access issues are resolved, I am opposed to the removal of any pavement from my driveway easement over Lot 20. Now is the time to think this through and get it done right. We could all have a win-win-win situation that would benefit all the neighbors at the end of Baldur Park Road, as well as the City snowplow. Sincerely, Frederick Puzak C: Lili McMillan, Cynthia Bremer, Doug Franchot, Aaron Printup, David Rahn, Melanie Curtis, Joseph Lawder .) 'BooR;:;~~tw ~~ t'a 1.84 _.· -zs-~jjjf-.. -~·:{J/1 · , 'i:jll) IJ .;zJn,utn .urt, .tfaCU t1t:ft. .. --. .!'---~-:,---~v O/.-..,-·-----af..a.1.-....... · · ·· I ]9 48 , ~tivem ... -·· ·-·---~...:...... .. _. -··••-..···----......... •--,-•-·----·----:---.. ----.. ···-·--·· · ---· ..... _ -····- Arnold R. Boxrud ~d Ma7belle s. Boxrud, husband~ wile, n/ th.4 Cau.ntv of. .. -.. ~nn~.P..1:r:L.-1--·-·-~-----4>14 s~ of --,-~JOO ti l;tQ1;11,_ ....... ·······-_ , part1P, s. of llu /lrd pm, and.. .J.ohn....F..aN!.in..and-L»r.le::~~.in, .. bu ab.and . .an!i .. wi..t.a., ... ____ . ____ ; ,., ___ . --.-~ ------··--· -·-· . ---•..•.. . , o/ °'4 Cow,f.y o/ ., __ )fA }1f18P ~11 . .. _ · . ,a,u1, Stat.a/.... . ~4J;.O ta,. _. .. . -·. , 'P<J,rliu of £M JtMM parl, Al'ltnt.attfl, TJ,..:u th.& U1Ld pard.e .s of tluJ ftrri pa.rl; h~ OO'MUUra.tl,,11. of ~ ru.m of ONE. D.ClL.LAIL ·.1m •. .OT.IE'L 'lALPABLC:_ .. ~.QJ113llll'u'iill.0JiS.~ i_ ::-.. -• -.:-. 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[,c:L l''llenty (20), Dlnck On" (1), in Beldu:r l't1:rk, itubj.,ct tn end r"'11arvtn,:o in the gr11ntors h,,r ... in, thP.1:r sssip-n~, th" ·u :rviv":r nf said psrti,.s, end th" h"ir11 -snd a::i~ie;ris 01· t!-R 0 nrvivo:r, an easemE-nt for d:riv"''ol'ay ,;u:--;,o,r.11 ov~r t~a.i ;,0rt;i0n oi !IS.id lC't dei;cr1bAd as !"llC'l~n1: ..,o~.r.Pr,<-inc1 ai thr. ,'.:l"uthe1<sterly corn'l:r ol' said Lot 20; th-'!nr.e Northw<!'stPrly cin tr.e !Jo11thwP.sCe:rl:,• 11nA or said Lot 20 1 dht11.nt 45,0 f'!,,tj th,.nce ~:n::-t:1oa11t'l:rly to a _point on Lhe No:-Lhw11s&P.rly line of said Lot ~o dhtant 4;: ,(1 !"et 1:cr thirnstP.rly lNlll• the Southwes Lerly co:rnAr ot: said Lnt ~'0; 1,hAnc'l i:orthesst'l:rly on t.h" Northwe-s&Arly_l1ne or taid' Lot 20, dist.an-t '.·~.o i'""t; t;h"nce Southwest.,rly to ir:l!t plcce o!' beginnif.lp; as now ln1d cu~, and 'lhat part of Lot Twenty-one (21), Block OnA (1) 1n Baldu:r Park deRcribed _FJr. fr,l l<'ws: Cnt.n.1;1ncir.1: at the J,:E\and~~ 11na on th-s NortheastP.!'lr corn-sr n.1 srdd Lot :n; th'lncP ;ro:--thwP.st.erly c,n said 11nl': dilltant 50.0 !'El"t tC'I th-:> t,l"rLh1.-":He:rl:,· corr:n:--01 .'l!lid Lot 21; thAl:\Cf' f.cuthwe:,~e:rly on t,.1,,, };":-thv,,.sL~:--1:: linc-oJ· !1«~ ·J LC'I~ :::!l, :.li,-;t,1,1nt 23; !"er,t.; th,:,nce il!'uth":\nL":-1:.• t," .·, ;10ir:t on Lh" Srnithenl't<?rly linR OC:/5 .feet Southwestet-ly !~nm t;-~ ::r-i•:,~·l):,;,tnrl:! r.or:-l"!'; t.~1!c'n.:~ 1:o:--thefi1<tP.rly "n the So 1.hen:,:L .. rly linP r.,,.:;. 1·0 .,L -:;r, ch-plac" .-,J' b~r:ir:r..inc;, , . •·· · ·· · •• ., •·· · .• / t . ~ . . !l ~ ;"i: . I • . .. \• 1!:o jif11bt anb UI :U,o!b Ille i1>11mc, J'D(!tlher u•ith all the hcr-.dilamen.ta mid uppurt U.ILlo bikln;i.n§ ur in ,,ny,,·i•,i ''Jl)•~riuit,in.t, tu the J<IU.! pa.rtiu of the u:.c;.o,ul, par/;, thdr ,1:t:~i:!n~, th-r ,tur· r,Liior of $<%id partiu, aud t]u, hdr, anti a,.,if11• nf the "'Lr11£vor, >'orn-cr, the ,·aitl pat·fici nf /hr ur,m,J lkll 1 lulcin¢ a, joint ltnn11/x ,.,,,/ nnl ,u lcnn11t., in. romm.olh .!n.d th.uaid ,i.rnol~ :l. i.io;,:,J•ud Ci.nd .. J.:ay.be.l le .:: • l3oxrud par/. 11:!l cf the /it•<t P,It'/, for ;:,;ici:.se l VP..S • :;heir heir,, t.u.mi<>r• nn,I n,lmi11i~tr,1tor11/n ,•a,:t11nnl tl'iih. th, ,11id pnrliu n/ flit iu.on.d part, tlt~ir n.uifn.1, tk 1u.rrfoor c,f Mi,/ p<11·tit'.•, 'ltld thr hrir., ,,n,1 rtuijn• of Int ,i1MJ~1•or, that .Chey are well 1elud ln. fu of tJi.e lanif' nnd prm,;,;-,. nf<>~,.,.i,I nn,1 "" ve fnt>11 rif/1/ In ,•ll <tnd r.nnury the ,11n1~ in m11n11rr nnd form, 1tfaru,ii1/, ,,n,1 /J,,,f thr ~,,,,,,. nr, /i·t-'-/rr,1,1 ,til inr:uml,rl'fnr.,-~, A111J lh• ,,,.,,.,. l1or(!a.intd. and (!rant.,,/ Ian~ and prem.uu, in. lhtt q1<-irf. a.>td. 1ar,,rr,1/JI,· ,.,.«r.<.<io11 n( JI:( ,,,i,J pa.rtit• of /Ju IU.<>11d part, thefr o.sr'tlh<, //1r $1Lrr!it-Or of 1aid partiu,, a>td thr 1,rir$ ,r,,d ,,.,<iJ!1t.< 11/ /11, ,,,,,,;,.,,,., •1t11in1t n/1 prr<o11., lfll••/11(/y r.fo/111/11( or in clain~ th, wholr or nny narf. tlrrrurf, ,11hjrrl /·• i.11ri1111/1ra1:,n. if nn11, Jr,rrinlH/or" mr..nlinntd, t1'o ,aid parl ies of the /ir¥i /'llrl 1L'ill Wtrrr,.,n/ and fi"tfen,1. 3ln fttst!monp lBbtrtaf. The .,Lid pard.e s nf the firif pa,rt Tia ve .. lur-r.unt-0 •rt fu111 1l" tM clay mul year fi.••tt ttlun-t ,uri/f~n. · .; ., -~ .{ ,. ,· .-· ' • SEP-08-2011 08=46 NNEPIN-CTY-RECORDS P.03/10 f 2518347 IR PROCEEDINGS SUBSEQUENT 'l'O Illl'nAL OGISTRA'!IOB OF LAND No. A-28181 STATE OF MINNESOTA DISTRICT COURT _co_UNTY ___ o,_BENNEP ___ r_N _________ \F,ItfflCIAL .DISTRICT In the matter of the Petition of: MAY 24 19940RDER Da-,rid a. Mess, HENN-CO, DIST· CT· . For an order Amending an Basement The above-entitled matter came on :for heari.r.g on the 2¢tl:t day of Ma.y, 1994, at Room A-702 of the aennepin County Govern.lllent Center, in the City of Minneapolis, said County and State, befo.e the Deputy Examiner of Titles to whom said matter has been duly referred pursuant to MSA §508 .13, to hear the evidence in said cause and report his conclusions therefrom, and who has filed this report herein; and the Court having duly considered the Petition, the evidence adduced by the petitioner and the Report or Reports of tne Examiner, finds: 1. That on the 7th day of September, 1988 the Registrar of Titles entered Certificate of Title No. 722050 to David a. Mess, for the following described la.ad: Lot 30, Block 1, "Baldur Puk". 2. That there are registered upon said Certificate of Title memorials of the following instruments: Document No. 1875446, a Mortgag~ dated September 18, 1987 in favor of Old Stone Credit Corporation of MN in the amount of $165,000.00, assigned by Document Nos. 1897658, 2216295, 2216296 and 2220250 to Bankers Trust Company, Trustee rJ/A dated August 1, 1991 oscc Pass-through; ·--···--·---- . -. SEP-08-2011 0s:45 NNEPIN-CTY-RECORDS P.04/10 Document No. 1968839, Doc.uent No. 1978160, Document No. 2042774, Document No. 2156249, a Mortgage dated September 14, 1988 in favor of l?irst Bank National Association i~ the amount of $25,000.00 a Mortgage dated September 14, 1988 in favor of FiJ:"st Bank National Association in the amount of $1O,O0O.OOJ a Mortgage dated February 24, 1989 in favor of First Bank National ASsociation in the amount of $40,000.00; an Attoniey's Lien satisfied by Document No. 2160129. 3. That among tb.e recitals appearit1g on said Certificate of ~itle are the following: ~ogether with a non-exclusive easement for drive.way purposes over Lots 21 through 29 inclusive, and parts of Nelson Lane now iracated and of Isle Boulevard now va.c:ated, Block l, wBaldur Park", as contained in Document No. 1440581, Files of Registrar of ~itles. 4. That on the 27th day of September, 1983, the Registrar of Titles entered Certificate of Title No. 639660 to William J.M. Franklin, married to Pauline Franklin, for the following described l.and: Lots 22 to 29 inclusive; Lot 33, and Lot 21 except that pa.rt thereof described as follows: Beginui.ng on the meander line at the Northeasterly corner of said Lot 21; thence Northweste1:ly on said line a distance of SO feet to the Northwesterly corner of said Lot 21: thence Southwesterly on t.he Northwesterly line of said Lot 21 a distance 23 feet; thence Southeasterly to a. point on the Southeasterly line of said Lot 21, 66.5 feet Southwesterly from said Northeasterly corner, thence Northeasterly on said Southeasterly line 66.5 feet to the point of beginning, together with all of Nelson Lane, now vacated and together with that part of Isle Boulevud now vacated lying Northwesterly of a Southwesterly extension of the Easterly line of said. Lot 21, Block 1, •Baldur Park•. SEP-08-2011 09:47 "NNEPIN-CTY-RECORDS • s. That there are registered upo~ said Ce:tificate_of ~it1e memoria.l.s of the fo1lowing instruments: Document No. 1441658, Document No. 1441660, Docwnent No. 1441661, Do~ument No. 1494791, Document No. 1S37746, Document No. 1607648, Document No. 1614356, a Contract for Deed in favor of A. Odden & Company, Inc. , dated. September 1, 1977, assigned by Document No. 1441659 to Nortbco Financial Corporation, a Minnesota c,orporation, extended by Document No. 1448164, and as5igned by Document No. 1448165 and 1448166 to 'l'onka Lake Properties, a. Minnesota general partnership; a Warranty Deed to Northc:o 'Financial Corporation from. A. odden and Company, Inc:. J a Mortgage dated September 2, 1981 in favor of P. Gary Petersen, assigned by Document No. 1566837 to Jeffrey I). Wigren and Katie M. Wigren; an Attorney's Lien filed December 23, 1982 on the interest of Tonka Lake Properties and P. Guy Petersen by Oppenheimer, Wolff r Foster, Shepw:d & Donnelly in the ainount of $4,334.70; a Notice of Cancellation of Contract for Deed Document No. 1441658 dated April 28 and 29, 1983; an Attorney's Lien filed. October 23, 1984 on the interest of Tonka Lake Properties by Oppenheimer, Wolff, Foster, Sbepud & Donnelly in the amount of $15,023.837 an Order of Court da.ted November 30, 1984 direc:ting that part of the above land is subject to a nonexclusive easement for driveway puri)oses a.s contained in Document No. 1440S81 and that in future Certificates omit this Order and carry the following reeital: Subject to a nonexclusive easement for d:ri~eway purposes over part of J P.05/10 SEP-08-2011 09:47 ~NNEPIN-CTY-RECORDS .. DoclllUent No. 1745291, Docwnent No. 1884884, Document No. 21402S4, Document No. 2324667, Oocwnent No. 2420432, above described land as contained in Doou.ment No. 1440S81, Files of the Registrar of Titl8S1 a Mortgages satisfied by Document No. 18675441 an Attorney's Lien filed November 2, 1987 on the interest of William J.M. Franklin on the above land elCCept Lot. 33 by Rouge and Gustafson; a Mortgage dated November , 1990 in favor of William F. Pucel, as 'l'rustee of a Gentle Dental Center, P.A., Employee's :Pension Plan Trust; a Judgment dated March 20, 1992 in favor of James B. Ramette, Trustee; a Notice of the Pendency and P~er of Attorney to forec:lose lllortgage Document No. 21402S4. 6. That among the recitals appearing on said Certificate of Title are the following: Subject to a non-exclusive easement for driveway purposes over part of above land a9 shown in deed Document No. 1075018, Files of Registrar of Titles. 7. That Orde:r Document No. 1614358 contains a finding of fact that the driveway easement contained in mortgage Document No. 1440581 dated September 11, 1981 is the same easement for driveway purposes as contained in warranty deed Document No. 1075018 dated February 10, 1973. 8. That the driveway easement contained in deed Document No. 1075018 and mortgage Document No. 1440581 is located partly in Lake Minnetonka, but that the intent was to describe a driveway that has been in use since approximately 1952 by the petitioner and prior owners of Lot 30, Block 1, 0 Baldur Park". 4 P.06/10 ---·--------------------- SEP-08-2011 08:47 :NNEPIN-CTY-RECORDS • 9. The driveway easement in existence since 19S2 is legally described as follows: A perpetual easement for driveway purposes over and across tho5e portions of Lots 20 through 29 inclusive, Block 1, "BALDO'R PARK" embraced within a strip 12 feet in width, the ~enterl.ine of said strip is described as commencing at the most Westerly corner of said Lot 20; thence on an asswned bearing of South 33 degrees 02 minutes East along the southwesterly line of said 1'ot 20 a distanc::e of 23 feet to the point cf beginning of the line to be described; thence North 26 degrees 50 minutes East, 105 feet; thence North 9 degrees 45 miliutes West, 47 feet; thence North 33 degrees 42 minutes West, 66 feet; thence North 20 degrees 16 minutes West, 26.5 feet; thence North 33 degrees 22 minutes West, 65 feet; thence North 35 deg~ees 28 minutes West, 58 feet; thence North 38 degrees 34 ainutes West, 53 feet; thence North SO degrees 53 minutes West, 81 feet; thence North 5 7 degrees 16 minutes West to the Northwesterly line of said Lot 29 and there te:cninating. The Northeasterly ·and Southwesterly lines of said strip are prolonged or shortened to tez:minate on the South~esterly line of said Lot 20 and on the Northwesterly line of said Lot 29. l O. That notic:e of this proceeding has been given to William J.M. Frankl.in, Pauline Franklin, Tonka Lake Properties, a Minnesota general partnership, Jeffrey o. Wigren, Katie M. Wigren, William F. Pu.eel, as Trustee of a Gentle Dental Center, P.A., Employee's Pension Plan Trust, James B. Ramette, Trustee, Houge & Gustafson and any other occupants of the lands described on Certificate of Title No. 639660, if any. Sa.id notice advised said parties that they show cause, if any they have, why the Order as hereinafter recommended shottld not be entered. BOW, 'l'BERBFOBE, :t'r rs BBRBBY ORDBRBD as follows: -~•1 1. ~hat_ .. the description of a no~~~~ofilll!_.~sement for {:)>"" dr_iv_e_w_a~y--=p~w;_p--=~o_s_e_s contained in Registrar of Titles DocWJ!!.nt N.2!:, 1440581 and 1075018 is reformed to read as follows: 5 SEP-08-2011 08:48 T • l I f I \ NNEPIN-CTY-RECORDS A perpetual easement for driveway purposes over,and across those portions of Lots 20 through 29 inclusive, Block l, "BALDUR PAlU<" embraced within a strip 12 feet in width, the centerline of said strip is described as commencing at the most Westerly corner of said Lot 20; tb.ence on an assumed bearing of South 33 degrees 02 minutes East along the Southwesterly line of said Lot 20 a diseance of 23 feet to the point of beginning of the line to be described; thence North 26 degrees SO minutes East, 105 feet; thence North 9 degrees 45 minutes West, 47 feet; thence North 33 degrees 42 minutes West, 66 feet; thence North 20 degrees 16 minutes West, 26.5 feet; thence North 33 degrees 22 minutes West, 65 feet; thence North 35 degrees 28 minutes West., 58 feet; thence North 38 desrees 34 minutes West, 53 feet; thence North 50 degrees 53 minutes West, 81 feet; thence Nortn 57 degrees 16 minutes West to the No~~hwesterly line of said Lot 2 9 and the.re terminating. 'I'he Northeasterly and Southwesterly lines of said strip are prolonged or shortened to terminate on the Southwesterly line of said Lot 20 and on the Northwesterly line of said :C.ot 29. tr-,:-'l!hat the Registrar Q.,;;,f=-:-T..,i~t""":l:"l~wo§~•-==up.i::..=-on...._t:.:h::ae=:...-:f...,i..,,l=i~n<..::::19:.....:;.w:it.;:;:h:::::...:h.::::l-Ill;.::. ;.;.._ / of a certified copy of this Order, 404"0 \ . A. ., i ) f Show by memori.a,l JJgm;i ~er!:it.icate of Title N.2.r, 722Q.S..0_1=eat the legal d.es.grlption of the non-exclusive ea=serne t rivewa u oses contained iJL ooeument No. 1440 81 ha.s bee.n- refoz:me,d to reru:J.Js described in ~:r .. aSJ.nt,ph 1 pf Oj.de:c DoQl.lme¾l.t-No--JStl'jij ; (here insert the document number assigned to this Order). ~d that i~ future ~e~i!icates.. of Title issued for thei..ands described on Certificate of Title No. 722050 the Registrar of Titles shall omit the memorial of this Order n omit e recital 'toge'ther with a non-exclusivL..~cueme,nt ..... ~ <!fiv;ewa,y~oses-........ -a,s--·-con1:il!,ined in Document No. lA.4.,0..5..8.1!'.-.... an-d.•--... • shalJ..-.a..d,d. the following recital; ' ' .. _. ~ogethe~ wi'th a non-exclusi~e easement for .-driveway purposes over Lots 21 through 29 .L~· inclusive, Block 1, "Baldur Park", as aJ' ' contained in Document Nos. 1440581 and ·, 1075018, File.s of ~egis~rar of Titles (See Order Document No. 1614358) and reformed hy 6 P.08/10 SEP-08-2011 09:49 NNEPIN-CTY-RECORDS y • , ,.. '· , . Order Document No. )) I 1":Jl-/ 7 {here insert the document number assigned to tne Order entered herein); and B. Show by-memorial upo1J Ce:ctifu:a.te of TitJe _ No. 639660 that :the legal d.e.s~n sf the ..driveway easeJM.R.t-· c.o~tained :i..n.. Ooc;ument, Nos. 10750118 and 1440581, Files of aegistrar of· Titles, Has been reformed ~Q......U.a..d....a& · l;t. Pa ra h l of ordex-Document No . 7 P 3 ~ 7 here insert t e ocutnent n er ass·igned to thi$ O:rder). I . \ and that in fut.ure Ce:rtificates of Ti~t!lfL_ Registrar shall omit tiie memoriaio'"f this Order and omit the recltal "Subiec;.t,_t.Q,-e.~gl~lusive easentent tor d.rlveway piirposes over part of .. above land as shown in deed Document No. 1075018" and add the following recitai: r · I \., ·, ubject to a non-exclusive easement· for driveway purposes over part of the above land as contained in Document Nos. 1440581 and 1075018 (See Order Document. No. 1614358) and reformed by Order Document No. ? >IP iJ 1 (here insei:t t.he doc-µment number assigned to ~he Order entered herein). Dated _£·2'{: , 1994. I 'The for-.going facts were found tiy me a11er due hearing and ... entrY cf this Order is ·~-iucfuwis.i.rm.e ~ Eamlnar ol Trtres Date• fl'rl ft/ .7 FEE PAID MAY 241994 I. DID C.-..._ rl Tllfe ~~- P.09/10 SEP-08-2011 09:49 :NNEP I N-CTY-RECORDS P.10/10 'J -· - TOTAL P.10 rl ~ ~i u II) • CD ~..£: ~ .E en. --w -ll)e~o .c ct -GD....10 tO Q) 0) o :::s--w"C C . c'°::?:a 0 E O"al-3 ;; Q. -fl:Ula ~ Ea:tcuc C 0-ca;;~ C: 3a::;:= -fl> C'l')!IJ •o -:::, .0 I c: -_ ~C~-IC :, 0 :::> &-.... ffl, 31: a. >. -oaa>..a::o -0) "1' ~~ 0 ~ § .!:-e~c..0 0 C 12>a>111a:J-c . -0 .o -t ~ · .!! > -·o·wJ!.a .s a:~o(O G 0 (j') ::J' Ql. 1111 ~ "O ,;I) ""ca·.cca-._ Cl) Q -C: l!ll :E ea: °O!.I'-c C C:~(!):i_a <( ~ <0,._ .2 -e . .11.: -fiO);.ttii,~ 0 .£.IO'fZ .c =-::l .a ~ ~-.ooo i · ~la:!s -~ .• •./1·-, \.-~( , · .,. ~·:-. :~·-, /;.'t;·'.'·. ''!!•\ "': ' . ' . ·LEqAi., NOTIGE j •",'n~'f/,:P~l!O and -.r!m a1r .anp reqon , of the home,. and con~truct a _ CITY Of OROl\lO . i · -·slfHC)iol) bf !h!3 ~l<i~tirig dri,vel'(a,Y !n garage addition on· the street side 27!ifl '!(~lie~ r:11r~way, !',0. ~.ox _i , ; m'ore ~fficient •9orifiglifli!ip/J r~sfJII, of the home . An ~veraQe_ l;ike~hore . . 61!-,,,. --.,. · ,, . IIJQ in .~8 .9.% hardcover IVtieri:i setl,iack variance . and a variance Crystal ~ay, M~ 55a_2;3 ''' ,-,. q2 .8% cu ~ently exists."' . ,-• -within the 75': ?§0' zon_e is required Phone (95?) ;24!}-4690' ·., •·\, . to allow 30 .5% hardcpvei,,-.yh!,Jre F;i~ (952)~~9;4~1F ,,. , .•~. 11-3519 ::-' ~auer · De~ign Builq _._.30.?% R!lfffall'!)ly ~lfi~l~)tre:request; '" _ ... ,, •i.:',, · . LLC on , behalf of ,-JEM cTechnical · ·•· ed in order to change the location NOTICE OF PµBLIC .. HEARi~G Marketing Co , lni:,,Ji50 Old Cry~tal ~f structJral hard.cov~r:<• (·_,,. PLANNING COMMISSION -Bay Road N, ·lndustfi!'!I jpnjng di!!-. . . . . . · -_ · .. . trict, requ _ests a comm!lrcial sjte ~ 1 J-3522 -Steiner'& Koppelman The Orono Planning Commission : plan rev!~W ii). prp~r to f:pnstruct an ori behalf off-Jarii:y B,igos ,''3350 Fcix will hold a public liear!ng ·in '\he ! a,~qition · \6 )h~ .existinif ~ui!ding; Street, LR ,1A ·zoning .,,district; Orono Council qiamber~ at · . ,.,~ac11tion · ol t~f existinQ wa\er main i requests an ~v13ra!l~ l~kes~9rii 1-et-. 2780 Kelley Park~ay 011, August~ 5,-' • ,"util jly· eas!lment ,is al~o-r:iropo~ed .', ., bac.k v,iriance to allow construction ?Q11, beginning ·at 6:30 p.m. on the . _ The 'water .'main will .be relocated · '.l of an addition·to \he existing home ma\ler of reyi~wing the followi119 . and a. new easement will be grant-,, partially aheacf, of, )'1~\ aye f~98 - land use applications and v;ication ed oye r the w;;iter'ma.in in the new lakeshore setback lihe.' · _ request: · · · loc.:itipn'. · _ ....• :.: ._ ,, , ,'. ,. •·• ,. i,\-c · - ., . , _ _ . , _: · ' > ,, All pers,op~ y,,istiing to be· heard are • 11-3517 -Patti ' Hylen , 1299 • 11 -3520 -Harold & Sandra 1. · enco1.ffagei:I W \ltterid ttiese meet- Wildhurst Trail, LR-1 B zoning dis-Wingerd , 1376 Baldur Park Road , L ings : T_his 'js [!9! a final allen·da· and trict, requests a side street setback LR-1 C _ zon in g . district, request .\ is supje~t,to 1.¢ha.nge 'prior to· thi:i variance tp allow construction of an hardcpver variarices in order to hearing~:• ' Written cohlriients are ad(Jition to the rear portion of the · reorient the · garage ,door~ and . ,1,-accepted a.pg ll.h?µld be s4p[11il\ed , home -11.7-feet from the street side driveway acc~ss 16 the property. ,, tp the CjtY ·cit Qr9rn1 '.by,' Atjgµs\ 9, !' lot line where a 35-foot setback is . The applicants request a variance .. ,.2p1 ~ if ' p~ssibl~.;: lr]\er~s\ed 'per; required and a 9.4-foo\ i,etback Ip allow :40 ,24% hardcover within ; -~on~ m~y revie'f:'-lhe apP,lj~<!ti9p ~I currently exists . ,.tne nort!l~<i~\ 0-75 ' zone where ,,.:21JY ,9TT1ces .. , Fpr.?n ,~PP9!!'!!rnent ; , . , 40.83% currently exists; a variarice ple11se calr(952) 24~-4(320. • 11-3518 -William H. Koch, 3251 to allow 13.25% hardcover within ' ." · _ ';--. ·•·~ :' ,,,, Gascci Circle, i-R-1C zoning dis-·. ttie />0LJt hwest .Q-75.' zone wher~ Cify ·ot ,,Pr:ini>;,fi,t(, : >li~ ::'_ \·in Jrict,. requests a conditional u~·e '., ,9.21% cµrrently exiS\!i; \11'1? ·a vari-!=!h ,R111nn!n9 9ornrn !*~·--·"•·' ' . P,errrit for grading in excess qt 10 '' ance to allow _M).5% hardcover . . _. _, 11 ) .,,, • ··,-. _ . 1: c4bic yards within the 0-75 toot ' within the 75'-250' zone · where ·Pp~t.edat:.,J>rph6_C!tyOffice!i : .. ~one i~-order _to reconstruct the 37 .23°(,?,c~rrehtly exist~ !n order 19 : .qryst~I B~y P,~s!'O~!ce ···: ••,•-,:,:·:::;ii lake a7cesli stair a,nq r~f110Ve exist-re<\!1gn 'the qnveway qol)'lpletely ~oilg !-ake Ppi,t Qff1ce .-,: · ,'(~ d) i!lQ,, failin~, retai!)ing ~alls; a harq, __ ~ithin ttw s~pi 7~t pr\'.)perty.. , ::) N~~arre P.~~t O~ice . . ·d .!:: cover variance to allow 6.1% hard-, • 1',Q,,, .. , .· --· , ·.,,,i. , __ · , .. ~ c;oyer ;;_,here· s ,~%cur-r~nl!Y exists -~ 11,as21 ·"' 'fami :.H13lmer, ~131 fylelanle-p~rtis : \f'.\,:.,,,, ·,.\t ~ wij~jl'! th'e '0-75' zc_in!3 to reorj~nt th~ c:·as~o .'., Qi rcl!?,· L~-J Q . ZQfjii:t\j : qj~-P!annin~; & ?'.Pnjfi(l _9oqr9inator . . '' j lil~irs; ,,,a)~q .a ~argc9ver Vl!,rj~~REl . · .. 1rjpt; rt3qyijst9 y~ri~fiRe~ i_[l: or~er tp _ , ,' · · , . · . ·_. _ · _ _ f, j , within the 75' -25q' _ ~on~ _in <;>r?7~ to· ,'. reori~nf ; a11d J~du ~13 !~f'.!3>1is)irg · '.(P_~bli~h~d /fl Th,e. '~'a~~r an,d The . • ;; ?c:mqu?I • l"nds_cap!n~-act1y1t1!ls (;!ake$!9!3 □!lck~; r!lqf!erjl,}h~. dnr!'l· ·P1on~!;,r :f!E!ffP~P"l'll• .·. J_uly. 30.-, ..- al 1n,~!l/d!n? [!flW r~ta1n1~~ \_wa!ls ~, ~ \i';'~Y, -~de;! qormerf 011· the )<1~El ,s1~El 2011 -· ,,_ , ,,,, , . .J\;. ,- £ _{'.;'. ~ ._. ·-\·:: .'.'':'..:.. h' .. , .. _ --. -~-:·._ ~-:.: .~ .. -.j CC .: ~ . W~iJ 0. O~n,-() £c::e ;;., 10 :;;: GI :::>' nt (l)ai>.'-E ~ -o =-a.-E .o ~ ~ ~_) e -oH_ :5 E~-c-~ . .... +4 ..... 0 -.... o u , -.!; _· ext a,... :::,,._ (:J!J o :, -o -o ---~ o a 0a,-·3.i: -~ ~ ClS IO -· "' .£0,E . I as~ ..c: "-.!!: 0.1),..-== 3' ~ CD.., 0 . "C .£J. C.:,IIJ. 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K@itn P, AndefiPf.l, bein~ duly SWQITl, gQ 011th ~~Y,~ tbat h~ is iQ iUll)Od?.Q~ i\l.Q!10t af.'l~ im.Rl~ye@ of thP pul;)liS.har gf tl::ie. OfWS,()~p,~r ~l:\OWO ft$ THl: PI0° NEER, LD!!Jg L.a~e, Minn~~ota., and bai tuU knowl, edge of t!:le. fa9ts which ~r-e ~t~ti3d belAw: A,)Tt)a naw~p~er Qa~ complied wltll ~II th~ l'.Qq~i~,e. merit$ co11stltut1ng qµp.liticatiRP.S ~a ~ qyahil~d oewi;pa,per, as provid~q by MiMG!iOta $tatutG 331 A.02, 331.A.07, and otmer ~p~IICJ.l.911~ lalli!s, ~s arn$ncl~d. ~ ~0\0 V\0 ... . <~ .27 --.... -· ........ . whieh IS. attact-ied was out from the column~ Qf $altj A@Wl?pa.per, ap(d Wil$ ppinted and publi$hed ORO~ e.~oh week f~r ~_,,.......,,_ __ sµg1ca~sivf' wee~: ·LEGAL .NOTICE .. ,·, the . garage · doors . .'arid .driv;~ay • l ,crrv. OF ORONO .. r' . .acciiss ·to Jhe..RrQperty. The .appli- '_2750',Kelley P.arkWay, P.O.:Box 55 · •. c;ants -request .a ,variance -.tc;i,.allow ·crystal Bay, MN 55323 40.24% hardcover within the north- Phone (952) 249-4600 east 0-75' zone where 40:8_3% .. c;_ur- , Fax '(952) 249-4616 · · rently ,.exists;· I! ·.variance i lo :. allow ,, , , ., ·13.25% hardcover withi_n tlie south- NOTICE 'OF ·PUBLIC 'HEARING west 0-75' zone where '9.21% cur- . ,PL:ANNING .COMMISSION · rently exists;. and ·a · variance to .. , · . . , . . . . allow 46.5% hardcover •-within the ,r ,;J"he ,Orolicf 'Planning •Commission 75'0250' zonirwhere' .'37 ;~8% 'cur- ,',, will ·hold ,a pliblic; hearing in the rently exists in order to realign the ·:. Orono Council .Chambers .at · '/.· . _driveway completely -within .the sub- .2780 'Kelley -Parkw<1y on -August >1'5, . ;j~Cl ;property. •. ,, '· ,•.,-, _ 20-11,.~eginning at ~:30,p.m. on'the · .. ·,,, i -·matter of .-reviewing the following •. 11-3521 '-Tam L:He,imer,'.3131 ,. land ,use applications -and 'vacation ' Casco Circie, LR~,1·c ,z9'ning -~ist r;ict, reque~t: · · · ' ·-.requests .variances in order.t1freori-. I . . enLand reduce -1he· existing;'lake• : ' '~ 11-3517 -. Patti . Hylan:, 1299 , •.· _; side 'decks,;, reorteni ,ttie 'driveway, · Wiidhurst ·Trail,-,LR-1 B zoning dis-add dormers ·on the ·lake•,iii~e :of the · trict, • requests a side street setback_ ·' ,fiome, and construct a garage ,_addi- yariance to all0w,constr.1,1ction otari , .•: ,s !ion _on the street ~ide . of. the "hqme. addition to the rear portion of the -An average lakeshore setback_,vari- home ~n :1,feet-fr0m the street side ance· and a variance within the 7.5'- l , lot ' line -where •a 35-foot..setback is i 250' zonfl i is ·'required to allow -required and a 9.4,foot ·setback cur-30.5°/. hardcover-where 30.5% cur- ,:., ·rently ·exists. rent!y '·exists are requested in order •,-:,_ ... , · · · , _ .,, . :, . to c_hange the location.-ot.structural -' •-1,1-3518 -.William H. Koch, 3251 hardcover. . ' · ·'· ,··· . Casco Circle, LR-1C;zoning distript, . . · . ••· .. ·, requests 'a 1i:onditional .use permit ·• t1 ,3522 -' Steiner &l Koppelman · '·: 1for-grading -in exc;e~s.-' l)f --1 O •pu~ic ,_ ·.on :behalf-,of Narn;:y. B[gos, 3350 Fox ! :-, yards ,within ,the • 0'75 ,foot ;zone f iri '. ,: 'Str.1;1il!.-, I..R !'f~ .;,zoning · district, / . :. order.to·reconstr.uct the lake ,access '~·, requests ·,ai:J average lakestjere set- :/; .. stair and .r.emove , ·existi11g,_1 failing,.· · ,,backivariance 10:a11ow .constr.uct1on 1.·· '· retaining _.-walls; a f har.dcover .. :varv· ot.ari'.addition -to the-,existing home .. ,. anoe :,to •• allow .. 6.1o/~' ha~dcover par,ti11lly ,-ahead of )he 'average where ·S.9.%:clirrently .exists -within , .•'lakeshore setback line. ' : , · ,;lhe.0~7.5' i;one.,to .reorient_:the .stai[~;·_ i:,.,:.: . . ., · /;. ,.,·. · .,. ,, ' -and a,hardcover variance within the .J ~\l per~cins ·~i~h1ng \o~bl;l .hl!a,rd .are 1 · "7-5•;.250• ·zone •·1ri · order ·to · conduct . ,encouraged· to ;atte1:1d these meet- landscaping·activities including new ,;ings .. This 'is·,not."a,tirial agenda and , --~ retaini11g ;1Yial!s ." ,a . new-, patjo ,-and i is ·subject .'·to · cha11ge ,.pricif-l1!0 .the l : -r~pair .and crei:cinstruction .. of l'the .hearings, :~written .·comment.s are l existing ·. driveway ·in ,:more 'efficient .,accepted ·and 'shouid ,b_e, sii_bmitted !-. configuration ·resulting :in _ .38.9% , to .the City of .Prqno· ·by,;;~4gust ,9, i hardcover ·,where 32 ,8%-:currently ,··. '201:1 if. possiale .. .}lnterested . per- I exists. _-; · · :~;-\,;.< ',;~:/\;~~;s6~~~;~t -~~;'.lti:!~;!~in~'. 11 -3519 •,'·'-·,Baue r.. Design :·Build' ' ·.please: cail ·(952)"'249,':4.620. '' ···. ' I.LC , on 'behalf of JEM ,Jechnical , . . ..: ,:.,, · Marketing C.o, inc.,'.550 Old Crystal , .,.City .of.Orono ~·•.,.·.,.,.,,.,.,· Bay ,Road •N, '•industrial ··zoning dis : ],\y: Planning;Commiss,on ,: Irie!,: requests . a , commercial site . '.'. · . · ·~-::•\.. . ·"' '(..'.,,, . plan revie"'-'. in o(der to construct.an .Rostad at: ··orono~Ciiy,Offii::es · addition -,to the exist111g :building; ·Cr,ystai Bay ,Rosl'C)fficEi_ . -·vacatii:in -of.-the exisiing. water . main ·.Long Lake Post Office . · utility :easement ,,is ·also proposed,. Navarre Post Office . ,,,.:,· The water -niain '1will be relocated -:, ·<. !;, ·'"', .;ariiha new easement will t:ie .. gtant-_Melanie,:Curtis ,.-, :, ,.,, .. · · · ,ed :olier-the • water ·main in the· new . .':P.laiiriing &:Zciliing :C.oordinator ·--location :··,· ·-·"·: '-'. · ·-:· ·, · · •· · '" ··. · · ,:,., ·· •. · · '.,(Published :in Tii~:eike;,-~nd ;The ' Pioneer ·newspapers, ;.Ju/y , 30, • ·11-3520 -Harold & Sandra Wingerd, 137.6 ,Baldur Park Road, · LR-'1C .zonil'.lg district, request hartl• covetilarj ances in order to reorient 2011 .)-,,. · -..,..,.'. _ _,, .. ·,- . ~-· f: ( . STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #11-3520 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 5th day of August, 2011. Vt}Mlll-Q, ~ Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on August 15, 2011, beginning at 6 :30 p.m . on the matter of reviewing the following land use applications and vacation request: 11-3517 Patti Hylen, 1299 Wildhu rst Trail, LR-1 B zoning district, requests a side street setback variance to allow construction of an addition to the rear portion of the home 11 .7-feet from the street side lot line where a 35-foot setback is required and a 9.4- foot setback currently exists. 11-3518 William H. Koch , 3251 Casco Circle , LR-1 C zoning district, requests a conditional use permit for grading in excess of 10 cubic yards within the 0-75 foot zone in order to reconstruct the lake access stair and remove existing , failing, retaining walls; a hardcover variance to allow 6 .1 % hardcover where 5 .9% currently exists within the 0-75 ' zone to reorient the stairs ; and a hardcover variance within the 75 '-250 ' zone in order to conduct landscaping activities including new retaining walls , a new patio and repair and reconstruction of the existing driveway in more efficient configuration resulting in 38 .9% hardcover where 32.8% currently exists . 11-3519 Bauer Design Build LLC on behalf of JEM Technical Marketing Co , Inc ., 550 Old Crystal Bay Road N , Industrial zoning district, requests a commercial site plan review in order to construct an addition to the existing building; vacation of the existing water main utility easement is also proposed . The water main will be relocated and a new easement will be granted over the water main in the new location . 11-3520 Harold & Sandra Wingerd , 1376 Baldur Park Road, LR-1C zoning district , request hardcover variances in order to reorient the garage doors and driveway access to the property. The applicants request a variance to allow 40.24% hardcover within the northeast 0-75 ' zone where 40 .83% currently exists ; a variance to allow 13.25% hardcover within the southwest 0-75 ' zone where 9 .21% currently exists ; and a variance to allow 46.5% hardcover within the 75 '-250 ' zone where 37 .23% currently exists in order to realign the driveway completely within the subject property . 11-3521 Tami Helmer, 3131 Casco Circle , LR-1C zoning district, requests variances in order to reorient and reduce the existing lakeside decks, reorient the driveway , add dormers on the lake side of the home, and construct a garage addition on the street side of the home . An average lakeshore setback variance and a variance within the 75 '-250' zone is required to allow 30 .5% hardcover where 30 .5% currently exists are requested in order to change the location of structural hardcover. 11-3522 Steiner & Koppelman on behalf of Nancy Bigos , 3350 Fox Street, LR-1A zoning d istrict, requests an average lakeshore setback variance to allow construction of an addition to the existing home partially ahead of the average lakeshore setback line . All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by, August 9, 2011 if possible. Interested persons may review the application at City offices. For an appointment, please call (952) 249-4620. City of Orono B~ Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on July 30, 2011. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 7/19/2011 HENNEPI~ iNTY PROPERTY INFORMATION SYSTEM {PROPERTY C, ,RS LIST) PAGE: l 38 08-117-23 31 0002 M L SCHROEDER/KE SCHROEDER 1396 BALDUR PARK RD MICHAEL & KATIE SCHROEDER 1396 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0005 SANDRA A BENSON l 376 BALDUR PARK RD SANDRA A BENSON 1376 BALDUR PARK RD WAYZATAMN 55391 38 08-117-23 31 0008 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 I CERTIFY THAT THE FACTS REPRESEN,J: AS IT APPEARS THIS DATE ON THE RE'co 38 08-117-23 31 0003 GILBERT H & ROXANE T GEHLE 1392 BALDUR PARK RD GILBERT H & ROXANE T GEHLE 1392 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0006 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 38 08-117-23 310009 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 DATE: JUL 1 9 2011 BY(-+/ --+-=~~L.£_,IIC__--"'---~ 38 08-117-23 31 0004 M D & J A VERSTEEG 1384 BALDUR PARK RD MARK D VERSTEEG 1384 BALD UR PARK RD WAYZATA MN 55391 38 08-117-23 31 0007 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 RECEIVED JUL202011 CITY OF ORONO #3520 l()V,JUG MINUTESOFTHE ~err /?- ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6 :30 o'clock p.m. Paul Mey , Architect, thanked Staff for their thorough review of their application. As· concerns the truck traffic d the trash location, the truck traffic would be out 15 feet away from t trash bins, which would give the plenty of space. Meyer illustrated the lo tion of the dumpsters. trucks, there should be pie D' of room. s any other concerns with screenin of the trash containers. L~skinen stated from her review of the site, ·t appears that the dock area bl 9Rs the trash eQntainers. Gaffron stated he thought the issue n ded some discussion addressed in the code for industrial lots. Leskinen stated her view of the wing wall 1 see a need for it. Schoenzeit asked whether Staff's wording in the1 vacation of the easement. · Gaffron recommended the vacation be vac ed subject to edication of a replacement easement and approval of the site plan subject to com . iance with all co requirements and subject to satisfactorily addressing the issues raised by the ,Ci , Engineer priQr to goin to the City Council. ",, Thiesse asked if the utility e~seme t is shared currently. Gaffron mdicated there is a lo located entirely on the prop ~ t that the new easement will be Leyang mo(ed, Sebo zeit seconded, to recommend approval of Application 1-3519, Bauer Design Build, LLC, on be If of Ryan Companies and JEM Technical Marketing Com Crystal Bay Roa North, site plan review, subject to the conditions of Staff. VO !Q:'S 0. I _& 5. #11-3520 HAROLD & SANDRA WINGERD, 1376 BALDUR PARK ROAD, V ARIANCE7:40 P.M. -8:42 P.M. Harold and Sandra Wingerd.,, 'Applicants, were present. ✓ Curtis stated the applicant is requesting hardcover variances in order to rearrange the existing driveway . At the present time a portion of the applicants' current access to the property is over the neighboring property. The neighbor to the northwest, Frederick Puzak, has two access easements over the Wingerds ' property. The Wingerds previously utilized a portion of Puzak's property to enter their driveway . The Wingerds can no longer use their current access . To solve their access issues, the Wingerds are proposing to reorient their garage doors from a side load to an end load and construct a new driveway entirely on _________________ Page 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. their property. The lot has lake on both sides and has a very small 75-250 foot zone. Hardcover variances are necessary in order to do as they propose. The applicants have proposed to remove the side-load garage doors and move the doors to the south side for an end-load garage. This will allow them to change the driveway so that they do not need to utilize the neighboring property for access. They are requesting to increa.se hardcover by 127 square feet in the southwest 0-75 foot zone, reduce hardcover by 3 8 square feet in the northeast 0-7 5 foot zone, and increase hardcover by 281 square feet in the 75-250 foot zone for a total increase of 307 square feet. Baldur Park Road as it approaches the applicants' property is approximately 12 feet wide. The applicant is proposing to remove a large blacktop area in front of the garage as it is currently oriented. Some of the blacktop removal is proposed within Puzak's easement, resulting in a 12 foot wide driveway before it widens out on Puzak's own property in this area. Puzak reviewed the proposed plans and expressed concern regarding the proposed hardcover removals within the area ofhis easement and emergency vehicle access to his property. Mr. Puzak has sent a letter to the City outlining his concerns and that letter is included in the Planning Commission packet. Staff discussed the issue with Orono's Police Chief and he has determined that any width in driveway in excess of 12 feet has no additional emergency access benefit. Staff finds due to the current access arrangement and the property's proximity to the lake, practical difficulties exist. The applicants' plan should be reviewed against what is the minimal increase in hardcover necessary to alleviate the practical difficulty ... The proposed configuration of the new driveway as it meets the existing driveway in this location should be reviewed such that maneuverability is not compromised. Staff feels that perhaps the applicants should flare both ends outward to facilitate pulling into and backing out of the new driveway. Additionally, it should be noted that by removing all of the blacktop hardcover as proposed, a sidewalk to the front door from the driveway would be eliminated. Code requires a minimum two foot wide sidewalk. The applicants should revise their plan to address both of these issues. As:part of this application, the applicants should be required to remove any existing sidewalk or hardcover encroachment which extends into the property to the northwest. Planning Staff recommends approval of hardcover variances in order to reorient the existing driveway. The applicants should address the need for a sidewalk to the front door, remove encroachments, revise the curb cut of the driveway, and be required to submit an updated survey reflecting the changes prior to City Council review. Thiesse asked if there will be adequate room to turn around in the applicants' driveway. Curtis stated that should be looked at more closely. The requirement for a side load garage is 15 feet from a garage door and it may need to be lengthened somewhat to allow for better maneuverability. Leskinen stated it appears that the end-load garage is cut into the grade and quite a bit of dirt will need to be removed. Leskinen asked where the dirt will be placed and how that will affect the drainage in the area. Curtis indicated there is a retaining wall in the area but that she is not sure where they will be exporting the material. Page 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Leskinen asked whether the material would need to be exported off the site or whether it can remain on site. Curtis stated it can be taken off the site. Harold Wingerd stated Planner Curtis has described pretty well what they are proposing. The neighbor, Fred Puzak, who has objected to the plan, purchased the property sometime in 2007 or 2008. Since that time eight enormous boulders have been placed near the property line. Curtis displayed an aerial picture and indicated it was taken in either 2009 or2010. Wingerd stated he also has some pictures depicting the boulders. Currently there are eight boulders in that area. Mr. Puzak has also placed parking dividers all the way around. Wingerd indicated they did access the house previously through a different area and through the arbor. Mr. Puzak has defoliated everything and has placed some boulders in the area. He has also blocked the arbor. The size of the boulders are extremely large and are approximately seven to nine feet in diameter. Mr. Puzak lives down on the point of the peninsula and is at least a football field away from our residence. According to Mr. Puzak's papers, it is approximately 12 lots away from our residence. There is a significant amount of distance between the two homes; Wingerd indicated he drives a Suburban and his wife now drives a Dodge van. They just cannot make the tum into the existing garage doors. In fact, they have had to park on the side of the road. Otherwise their cars would stick out into his easement. Wingerd stated he suggested from day one in the spirit of cooperation that Mr. Puzak drive into his place and they will drive into our place. Unfortunately that has not worked out. Mr. Wingerd noted they have gone through three years of litigation. Wingerd stated he can only tell the Planning Commission that when they come around that comer, they get a knot in {heir stomachs as a result ofwhatMr. Puzak has done. They have contacted a realtor, Jeff Martineau, and would like to sell the property. The realtor suggested that they try this procedure with the Planning Commission to switch the.garage doors. Wingerd indicated he was not aware of Staffs recoilllllendations regarding the sidewalks until today but that he does not feel that will be a problem. The sidewalk can be located w here the old garage doors are. As it relates to the turnaround, if it requires ajog,theywould be happy to comply. Mr. Puzakhas submitted a letter to the Chy, which Mr. Wingerd indicated he did not receive until this afternoon. They are currently in th,e midst of litigation. Wingerd indicated he has spoken with his attorneys about the court orders and they believe we have a meritorious claim. It would have to go to the court of appeals to be resolved since the lawsuit was based on a new statute. Wingerd indicated he would prefer not to do that since they have already spent into six figures on attorney fees. What they are proposing is substantially easier for us and better for the Cify. Mr. Puzak states in his letter that the Long lake Fire Department is on record voicing concern regarding the passage of emergency vehicles. They have been on record because of the rocks and a post near the boulders. The post is eight by eight. Wingerd stated in his view it is somewhat disingenuous to blame them for that situation. The width of the current asphalt is roughly 12 to 13 feet. They do have to occasionally park up in this area but they try to park off the asphalt to allow other cars to come in and out. Page 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Mr. Puzak also indicates that we have failed to observe the full width of the easement. In discovery during litigation, Mr. Puzak only indicates there were two times when he could not get through. Mr. Puzak only lives there two and a half months out of the year. One of the times when he could not get through was when he showed up unexpectedly on New Year's Eve. Mr. Wingerd indicated they were out of the country and their children were at the residence. Mr. Wingerd stated in his view it is disingenuous for him to make that claim. Mr. Puzak also indicates that they could basically purchase that lot or lots from him. Mr. Puzak has cut down two enormous cottonwood trees, one was 48 inches across and another one that was 36 inches across. He has completely defoliated the adjoining lot a11d it looks like somewhat has poured gas on the site. The rocks that are along the lake have also been ma,rked. Wingerd indicated he will notlet his two-year old grandson in that area because of fear of contaminants. Wingerd indicated he has no objection to doing the minor things, such as the. sidewalk and the turnaround jog or whatever Staff recommends. Schoenzeit stated those items would need to be formally recorded in a survey prior to going to City Council. Winder indicated that in addition, Mr. Puzak has indicated in his letter that Mr. Gronberg did not put the easement in the survey, which to his knowledge is depicted on the survey. Curtis stated to her understanding Mr. Puzak was referencing the blue triangular easement that was depicted in an earlier survey. Curtis noted she drew that easement on the overhead for illustrative purposes. Schoenzeit comlllented there might be multiple easements. Wingerind.icated they are willing to respect his easement and leave him alone. Levangasked the applicant to explain where his land is and where the easement is. Levang noted she did visitthe .property today and that Mrs. Wingerd had explained that Mr. Puzak has to travel approximately 600feefacross their driveway to get to his easement and that the Wingerds have never denied him that 60 feet even though he does not have an official easement over that 60 feet. Winger indicated she is referring tothis area here. Levang asked Mr. Wingerd to point out the location of the official easement. Curtis indicated it is the pink and blue lines. Schoenzeit asked if there are any requirements that that area has to be paved. Curtis indicated she does not have any details on that easement since it was recorded in 1948. Wingerd stated the easement has been used by everyone for as long as he can remember. Schoenzeit asked how the Planning Commission can require the removal of pavement pending litigation. Page 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Curtis stated this application was discussed with the City Attorney prior to drafting the report and that the width of the driveway access and the applicant's proposal should not restrict further than the existing roadway. The paved area does not impede the access for Mr. Puzak and it becomes a private matter and not a land use issue at that point. Gaffron noted Puzak does not need any easement over thatlot since he is the owner of it. The piece that is being asked to be removed is all within the Wingerds' property. The City Attorney stated he has the right to travel across this particular piece of property and the fire and police department do not feel it is necessary to widen it any wider than the existing road. Gaffron stated Staff is comfortable requiring removal of the portion that is within the easement. Schoenzeit asked whether there are any issues with snow removal. Gaffron stated Public Works has dealt with plowing this for a number of years. Wingerd stated when they plow, they push the snow towards the lake. All of this area was class five rock until approximately three years ago when it was paved. Chair Schoenzeit opened the public hearing at 8.;03 p.m. Frederick Puzak, 1340 Baldur Park Road, stated to clarify the matter of the easement, his easement was adjudicated as the area depicted in blue on the drawing, which was previously shown on the survey that was submitted for the construction of their garage. The Benson survey shows the proposed garage and it also indicates easement per document 2513998, which is shaded in blue. Puzak indicated everyone has been aware of the easement for quite some time. Puzak asked why the Wingerds were allowed to build within 9 .3 feet of the lot line. Schoenzeit noted it is an existing structure. Puzaknoted it was built in 2005. Curtis stated it was supposed to be 10 feet but there was no as-build survey required at that time. Puzak displayed the City's minimum driveway standards. For a side loading garage, it requires a minimum 20 feet. Puzak indicated it is his understanding there is an additional five foot setback required for hardcover, which would have required a 25-foot setback, which for some reason did not occur. Schoenzeit stated the purpose of tonight's hearing is for the Planning Commission to look at options to help the Wingerds gain access to their garage Puzak stated there were a number of factual inaccuracies in Mr. Wingerd's statements that he could rebut, but that he would propose that Baldur Park Road be extended over Lot 21. The new owners have indicated they would like to sell their property. The new owners could pick up the balance of Lot 21 and Lot 22, thus creating a legally conforming half acre lot in the LR-1 C zoning district. By extending the road in such a manner, the City would also have a place to push the snow on the west side of the road. The new owner of Lot 20 could own everything to the east. This would be a win/win situation. Mr. Page 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Puzak indicated he would get free access to his house, the Wingerds would get a legally conforming half acre lot with an extra 100 feet of lakeshore, and the city would get a place to put their snow. Schoenzeit asked if he brought that proposal to build the road to the City. Curtis indicated the road as proposed would be located in a wet land. Gaffron stated the green area depicted on the picture defines a delineated native wetland boundary. In the upper left of the drawing, 50 feet inland from that is a boundary for a 50-footrequired buffer and another 20-foot setback for buildings. Mr. Puzak and the City .had <liscussedthis option at least once in the past and also perhaps with the previous owner. If the City is looking at continuing the road and angling it up towards the existing driveway, there would be impacts on the wetland and new hardcover within 75 feet of the lake. There is also an existing sewer manhole that is currently outside the travel area that would be impacted and the need to remove a number of trees greater than six inches in diameter. Gaffron indicated they looked at all these items two or three years ago. Gaffron stated the City does need a paved area for storage of snow. Storm water management would also need to be addressed. At one point the City considered doing a cul-de-sac in the area, which would require land from Mr. Puzak and would also require some storm water items be addressed as well as dedication of a formal easement. Gaffron commented there are many pieces that would have to fall together to make what Mr. Puzak is proposing come together. The City has looked at all these issues in the past and has determined not to go forward with it given the costs and the impact to the wetlands. Fred Puzak stated the proposed road is totally outside the wetland area itself and there would be an actual net reduction in hardcover. The area in pink is either gravel or blacktop, and it is his understanding that traveled gravel is also considered hardcover. By relocating the road, there would be a net reduction in hardcover. Levang asked if the conclusion of Staff was that the City is not interested in relocating the road. Gaffron indicated that is correct. In addition, the neighboring property owners would have to purchase additioI1a:l land. The City was not interested in having to deal with storm water and wetland issues at that point. This is not an existing problem for Public Works but something that would be nice to have some day in the future. If the Puzak property ever develops, that would be the time when the City requests some. of those ·changes. Puzak stated it is unfair to remove any of his paved driveway. Levang asked whether he paid for the paved driveway. Puzak indicated he did not pay for it but that it is currently paved and that a portion of it was paved by the City. The City extended their blacktop into the Wingerd property or into his easement. Driving over the gravel would make it be considered hardcover, which should be taken seriously by the Planning Commission. Levang asked if this is Mr. Puzak's driveway. Puzak stated he has a valid driveway easement over it. Page 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Schoenzeit stated there is nothing in the proposal that would prevent Mr. Puzak from gaining access to his property. The role of the Planning Commission tonight is to help the applicants gain access to their garage. Puzak stated the area in blue has been adjudicated to be the valid easement. Schoenzeit stated they are not discussing the easements tonight but they are focused on getting the applicants access to their garage. Puzak stated he does not like the fact that the City allowed the Wingerds to construct a side loading garage in the first place, which is against the City's own standards, and that he does not want any pavement removed from his area. Schoenzeit noted the Planning Commission is looking at the recommendations of the City Engineer and the City Attorney. Thiesse asked whether anyone from Staff has looked at the easement for the blue area and whether that is part of the driveway. Gaffron indicated he does not have those documents in front of him and that they have asked the City Attorney to review those documents.. Gaffron stated the City only has a copy of the 1948 easement. Curtis indicated the one she received was the adjudicated acceptance of it and not the actual language of the easement. Gaffron indicated Staff will need to take a look at it. Puzak stated it was included in the e-mail. Schoenzeit stated the question is whether the City has details on what is required to be maintained in that area. Gaffron state.d he does not recall seeing anything other than the boundaries of the easement and that the information he has just defines the easement for driveway purposes. Schoenzeit asked whether it is a mixture of blacktop and gravel. Gaffron indicated that is ,correct. Puzak stated it is a mixture and that to his understanding Orono considers gravel to be hardcover. Schoenzeit asked if it would be a mixture in the future. Puzak stated that some day he would like to pave his driveway rather than have it tom up today and then have to repave it later. The survey shows the portion that has been landscaped within his easement. Puzak requested that the Planning Commission leave what pavement is already in his easement, and that if the Planning Commission does not want to address the extension of the road, it can be kicked down the Page 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. road. Puzak stated if they can get on the right track now and head for a long-term solution, that should be what is considered. Schoenzeit indicated that would be outside the scope of what the Planning Commission is considering tonight, but that if he understands Mr. Puzak's comments tonight, he would like to see the pavement remam. Puzak requested the original Gronberg survey be displayed. There are a number of discrepancies in the survey and it does not show the full extent of the easement It references a secondary easement, which is incorrect. The secondary easement is valid only over Lots 21 and 22. Puzak stated the Planning Commission is talking about blacktop to be removed inside a landscaped area, which would m.ake the hardcover calculation incorrect. Curtis pointed out the area of the landscaping. Curtis stated the arrow is pointing to the extent of the removal, which is on the edge of the proposed new driyeway. Puzak indicated that is not correct. The Wingerds are also showing removal of blacktop into his driveway. Puzak stated he is not sure how the Planning Commission can vote on this without a correct survey. Schoenzeit noted the Planning Commission is an advisory body to the City Council and that the applicant must submit a complete and correct survey prior to moving to the City Council. Puzak commented he would hope they would do so. Puzak asked whether everyone is supposed to receive a mailer regarding this.application. Curtis stated a postcard is mailed out to the adjoining property owners. Schoenzeit state4 the City receives a list from Hennepin County based on tax records. The City then takes that list and mails the notice to the appropriate property owners. ~uza%;stated he is the landowner ofrecord and he did not receive notice of tonight's hearing. Curtis iµdicated the notice would have been sent to 440 West Arm Road East, Spring Park, Minnesota, underthenameof 1350 Baldur, LLC. Puzak stated according to the list he should have been mailed four of them. Curtis indicated the City would have only mailed one since the duplicates are removed. Puzak stated he would like to see an affidavit of mailing since he did not receive any. Curtis noted they do have an affidavit of mailing. Puzak stated he would like to receive future notices. Schoenzeit stated Staff strives to ensure accuracy of the notices and Staff can provide that affidavit to Mr. Puzak. Page 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Schoenzeit encouraged Mr. Puzak to work with Staff on that item. Chair Schoenzeit closed the public hearing at 8:22 p.m. Wingerd noted this is a flower garden area and has always been a flower garden. Wingerd indicated he did not know anything of Mr. Puzak's plans that he raised here tonight. Wingerd stated he would presume that Mr. Gronberg is well known to this Commission and that he foels his reputation speaks for itself. Schoenzeit stated accurate surveys take a number of revisions and that the burden is on the applicant to do the due diligence necessary to make it complete. Wingerd stated they thought they had completed an accurate survey. Wingerd noted they had also erected a sign in their yard next to the roadway the first few days regarding their application and every morning it was knocked over. It has since been relocated to the middle of their yard. Mr. Puzak did have notice of the application. Schoenzeit encouraged Mr. Puzak to work with Staff to seethe City's elaborate, detailed accurate notification process. Schoenzeit stated the focus of the Planning Commission isto help the applicant with their practical difficulty in how to access their garage. The applicant will need to submit an accurate survey. If the blue survey lines have information that prevents this from going forward, the City needs that information. Mrs. Wingerd stated they have had a complete survey done within the past few years. Schoenzeit stated the survey would need to reflect all easements, including utility easements and sewer easements. The surveyor will need to dig through all the public records to include the layers of missing information; With respect to Mr. Puzak, it is important that the applicant's survey contains that information. Based on what has.been presented to the City, the survey appears to be incomplete and insufficient to go to the City Council. Schoenzeit stated the applicants will need to make sure that all the information is available so everyone has all the facts. Leva11g asked whether Staff is asking for the applicants to submit an updated survey reflecting the cha:nges. Leyang stated she would like it to be very clear on what the applicants need to do. Curtis indicated. the recommendation from Staff would be that the easements that encumber the property regarding access for.Mr. Puzak be shown on the survey, the proposed changes to the driveway be depicted, the removalofthe hardcover proposed, and modification to the curb cut as well as the sidewalk. Wingerd indicated they will do that. Thiesse stated in his opinion the side loading garage does not allow for adequate space to back the vehicles out of the garage. The easement is for Lot 20 and not Lot 21, so there is not adequate space. Mr. Puzak has indicated he has no interest in the Wingers being on his property, which is his right, but that the applicants need access to their garage. Schoenzeit stated they have a proposal before them that looks promising. Page 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Thiesse encouraged the applicants review the proposed driveway to ensure there is adequate room for them to turn around. Wingerd indicated they will do that and that they have had to make numerous maneuvers in their driveway already due to the rocks. Wingerd indicated he did not know exactly what Mr. Gronberg meant and that Mr. Thiesse's point is well taken regarding the turnaround; Schoenzeit stated the proposal should meet adequate engineering standards to accomplish what they are requesting. Wingerd indicated he will communicate that to Mr. Gronberg. Thiesse stated regarding the hardcover removal, if the original ease~ent is part of a driveway easement, he is not sure how the Planning Commission can request that pavement be removed. If the 12-foot easement is the only portion allowed for the driveway, then Mr. Puzak needs to. understand that if it is not an easement and it is located on the Wingerd property, they have the rightto remove it. Curtis stated it is her understanding that what is l>eing proposed to be removed is on the applicants' property. Gaffron stated Staff will need to ask the City Attorney to define whether or not the existing easement prescribes exactly how much hard surface or driving surface within that easement is allowed Mr. Puzak. If there is no definition, somebody will need to decide whether or not the hardcover that is excess in the minds of various entities can be removed or not. Landgraver requested that the hardcover that is proposed to be removed be highlighted on the overhead. Curtis stated there is currently hardcover .. in front of the garage. Curtis illustrated on the overhead the areas of existing hardcover and the areas the applicant is proposing to remove. Schoenzeit commented other than the fact that the Planning Commission does not like hardcover, removal oftheexcess hardcover seems like itwould be a source of ignition and would escalate the issue between tlle parties. Schoenzeit stated he is less inclined to require removal of the hardcover until some higher authority determines exactly what should be removed. Curtis suggested the applicant only remove the hardcover up to the pink line. Thiesse stated that seems reasonable but that the hardcover should not be removed from the easement. Schoenzeit stated in order to move this application forward and not escalate the situation, the Planning Commission should allow the new side loading garage and allow the additional hardcover to access the garage, but that their recommendation should not include the removal of any hardcover located within the easement area. Curtis asked if that would be within the entire blue area. Schoenzeit stated that would apply to either the blue and pink area, but that the applicant can add sufficient hardcover in order to access his new garage. Page 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Curtis stated the hardcover in that area may never be removed then. Schoenzeit stated in his view there is not enough square feet of hardcover that would be removed that would help the lake and which would warrant causing additional fighting between the parties. Schoenzeit stated his recommendation would include no removal of hardcover and adding sufficient hardcover to access the garage. Levang commented she does not agree with the recommendation of Chair Schoenzeit since it is a fair amount of hardcover. The hardcover detracts from the home. The applicants willhave a different side loading garage and then a big area of blacktop that serves no purpose. Levang stated the applicants will also need a sidewalk so something will need to be removed. Levang stated in her view it is detrimental to the homeowner and that she would not agree with that. Levang stated she is fine with the hardcover removal up to the pink line and that the City should get the county attorney to weigh in on this prior to it going before the City Council. Levang indicated she is happy to make a motion saying pending recommendation or approval by the county attorney. If the Planning Commission does not say anything now, the hardcover removal will likely not occur. Thiesse stated he would agree with removal of hardcover within the purple line. Gaffron illustrated the area that would be removed. Schoenzeit asked whether the City Attorney has already confirmed the removal. Gaffron indicated Staff can verify that with the City Attorney again. Gaffron stated one question that has not been asked is who put the hardcover there in the first place, and that in his opinion it was probably the Wingerds or their predecessors. Gaffron concurred the City Attorneys should make a recommendation on this application. Levang asked how Council MeDlber Printup feels about this application. Printup stated he is in agreement with what Commissioner Levang has stated but that he has a concern with satisfying the applicant and thereby cause further acceleration of the problem. Printup stated it sounds like the applicant is dealing with the area between the pink line and the blue line and that he is going to pursue that since it is his easement. Schoenzeit stated asit relates to hardcover, the Planning Commission should follow the recommendation of the City Attorney. Levang asked how Staff feels about that approach. Curtis stated she is wondering how to direct the applicant as it relates to his survey revision. The City Attorney has reviewed the application. Curtis stated in her view a compromise would be to leave some of the hardcover within the pink area that is currently shown to be removed and allowing the applicant to remove the remainder of that area. Curtis noted the easement is a private issue between the two property owners and that the land use issue in front of the Commission tonight is to make sure that Mr. Puzak's Page 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. access is not inhibited. The amount to be removed is an area approximately 17 feet wide and exceeds the current width of the road. Landgraver stated it sounds like the request is to incorporate that sliver into the hardcover calculation, and then subject to a review of the easements, whether certain hardcover should be maintained. Schoenzeit stated they are going to direct the applicant to create a new survey showing that additional sliver in their hardcover calculations and they are also going to direct the City Attorney to provide an opinion that the correct amount is being removed. Landgraver stated what is unclear is what the language in the blue easement is and what arethe requirements. Curtis displayed the blue easement document on the overhead. Schoenzeit stated as long as you have a 12-foot wide path, that would constitute good access and any excess hardcover should be removed. Puzak noted the fire department is already on record requesting 20 feet. Curtis stated she did speak to the police chief and fire chief and that their comments were regarding the restricted access that resulted from the placement of the pole and the boulders. Puzak stated there is more than 12 feet on the existing street and even more if you consider existing gravel. The Uniform Building Code requires 20 feet. Puzak stated he would object to the hearsay that the 12 feet is allowable when it is not. Schoenzeit st~ted the City attorney has stated that 12 feet is fine. Wingerd stated if it is 20 feet; then everyone further down on Baldur Road is in violation. Scltoenzeit moved to recommend approval of Application #11-3520, Harold and Sandra Wingerd, 1376 B~l<lur Park Road, granting of hardcover variances per staff recommendations, subject to the applicants~ubmitting, prior to the application going to the City Council, a completely updated survey showing sidewalks, adequate and accurate turnarounds, the proposed hardcover for the driveway,including the sliverthat is being re-added and what is to be removed, and also subject to the City Attorney confirming from the language contained within the blue easement that the Planning Commission is not requesting more hardcover to be removed than what is allowed. Thiesse asked if the City Attorney should also review whether the hardcover in the purple area is required. Schoenzeit stated the City Attorney should review the hardcover in total for the application versus what should remain. Thiesse seconded the motion. VOTE: Ayes 6, Nays 0. ~~~~-Page 23 1 October 2012 Harold & Sandra Wingerd 1376 Baldur Park Rd Wayzata, MN 55391 RE: Variance File #11-3520 Resolution 6074 PC Exhibit F CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us By Resolution 6074 the Orono City Council granted approval for your hardcover variances (File #11- 3520). We have received your request dated September 12, 2012 for an extension of this approval which was to expire on September 12, 2012. Pursuant to City Code Section 78-129 staff may grant a 12-month extension of the approval granted by Resolution No. 6074. Because nothing has changed since the time of the original variance approval your extension approval has been granted. Your variance will expire on September 12, 2013. A request for an additional extension must be received at least 60 days prior to the new expiration date. Any subsequent extensions may be granted by City Council approval. The terms and approvals granted in Resolution 6074 still apply. If you have any questions, please contact me at mcurtis@ci.orono.mn.us or at 952.249.2467. Sincerely, CITY OF ORONO -r·. Melanie Curtis Planning & Zoning Coordinator PC Exhibit GI .., V, (U w QO C ·-u (U LL, LU htt p:l l www .b ing.com/maps/ def a ult.asp> ?enc T yp•= l &v.he rel :1376+ Baldur+ Park. Rd %2 c+ Wayzata o/.2 c+ MN--55391-9302&cp:44.953297 --93.6!6898&FORM= MIR El• ~ Look ing South West ~ MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. aul Meyer, Architect, thanked Staff for their thorough review of their application. As it concerns the PC Exhibit H k traffic and the trash location, the truck traffic would be out 15 feet away from the trash bins, ch give them plenty of space. Meyer illustr d the location of the dumpsters. Meyer stated as it relates to th trucks, there sh d be plenty of room. Staff has any other concerns with screening he trash containers. Leskinen e site, it appears that the dock area blo s the trash containers. Gaffron stated he thought the ue needed some discussion the Planning Commission since it was not addressed in the code for indust Leskinen stated her view of the wing see a need for it. vacation of the easement. 11 only hinder maneuverability and that she does not Gaffron recommended the vacati e vacated subject t approval of the site plan subje o compliance with all co quirements and subject to satisfactorily the City Engineer prior to going easement is shared currently. Gaffron indicate ere is a lot line that was at one time part of the plat but tha n the property. Levang ved, Schoenzeit seconded, to recommend approval of Application 11-351 , auer Design LC, on behalf of Ryan Companies and JEM Technical Marketing Company, In al Bay Road North, site plan review, subject to the conditions of Staff. VOTE: Ayes ys 0. 5. #11-3520 HAROLD & SANDRA WINGERD, 1376 BALDUR PARK ROAD, V ARIANCE7:40 P.M. -8:42 P.M. Harold and Sandra Wingerd , Applicants, were present. Curtis stated the applicant is requesting hardcover variances in order to rearrange the existing driveway. At the present time a portion of the applicants' current access to the property is over the neighboring property. The neighbor to the northwest, Frederick Puzak, has two access easements over the Wingerds' property. The Wingerds previously utilized a portion of Puzak's property to enter their driveway. The Wingerds can no longer use their current access. To solve their access issues, the Wingerds are proposing to reorient their garage doors from a side load to an end load and construct a new driveway entirely on ________________ Page 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m . their property . The lot has lake on both sides and has a very small 75-250 foot zone. Hardcover variances are necessary in order to do as they propose . The applicants have proposed to remove the side-load garage doors and mo v e the doors to the south side for an end-load garage. This w ill allow them to change the driveway so that they do not need to utilize the neighboring property for access . They are requesting to increase hardcover by 127 square feet in the southwest 0-75 foot zone , reduce hardcover by 38 square feet in the northeast 0-75 foot zone , and increase hardcover by 281 square feet in the 75 -250 foot zone for a total increase of 307 square feet. Baldur Park Road as it approaches the applicants' property is approximately 12 feet wide. The applicant is proposing to remove a large blacktop area in front of the garage as it is currently oriented. Some of the blacktop removal is proposed within Puzak's easement, resulting in a 12 foot wide driveway before it widens out on Puzak's own property in this area. Puzak reviewed the proposed plans and expressed concern regarding the proposed hardcover removals within the area of his easement and emergency vehicle access to his property. Mr. Puzak has sent a letter to the City outlining his concerns and that letter is included in the Planning Commission packet. Staff discussed the issue with Orono's Police Chief and he has determined that any width in driveway in excess of 12 feet has no additional emergency access benefit. Staff finds due to the current access arrangement and the property's proximity to the lake , practical difficulties exist. The applicants' plan should be reviewed against what is the minimal increase in hardcover necessary to alleviate the practical difficulty. The proposed configuration of the new driveway as it meets the existing driveway in this location should be reviewed such that maneuverability is not compromised. Staff feels that perhaps the applicants should flare both ends outward to facilitate pulling into and backing out of the new driveway . Additionally, it should be noted that by removing all of the blacktop hardcover as proposed, a sidewalk to the front door from the driveway would be eliminated. Code requires a minimum two foot wide sidewalk. The applicants should revise their plan to address both of these issues. As part of this application , the applicants should be required to remove any existing sidewalk or hardcover encroachment which extends into the property to the northwest. Planning Staff recommends approval of hardcover variances in order to reorient the existing driveway . The applicants should address the need for a sidewalk to the front door, remove encroachments , revise the curb cut of the driveway , and be required to submit an updated survey reflecting the changes prior to City Council review. Thiesse asked ifthere will be adequate room to tum around in the applicants' driveway. Curtis stated that should be looked at more closely. The requirement for a side load garage is 15 feet from a garage door and it may need to be lengthened somewhat to allow for better maneuverability. Leskinen stated it appears that the end-load garage is cut into the grade and quite a bit of dirt will need to be removed . Leskinen asked where the dirt will be placed and how that will affect the drainage in the area. Curtis indicated there is a retaining wall in the area but that she is not sure where they will be exporting the material. ________________ Page 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Leskinen asked whether the material would need to be exported off the site or whether it can remain on site. Curtis stated it can be taken off the site . Harold Wingerd stated Planner Curtis has described pretty well what they are proposing. The neighbor, Fred Puzak, who has objected to the plan, purchased the property sometime in 2007 or 2008. Since that time eight enormous boulders have been placed near the property line. Curtis displayed an aerial picture and indicated it was taken in either 2009 or 2010 . Wingerd stated he also has some pictures depicting the boulders. Currently there are eight boulders in that area. Mr. Puzak has also placed parking dividers all the way around. Wingerd indicated they did access the house previously through a different area and through the arbor. Mr. Puzak has defoliated everything and has placed some boulders in the area. He has also blocked the arbor. The size of the boulders are extremely large and are approximately seven to nine feet in diameter. Mr. Puzak lives down on the point of the peninsula and is at least a football field away from our residence. According to Mr. Puzak's papers, it is approximately 12 lots away from our residence. There is a significant amount of distance between the two homes. Wingerd indicated he drives a Suburban and his wife now drives a Dodge van. They just cannot make the turn into the existing garage doors. In fact, they have had to park on the side of the road. Otherwise their cars would stick out into his easement. Wingerd stated he suggested from day one in the spirit of cooperation that Mr. Puzak drive into his place and they will drive into our place. Unfortunately that has not worked out. Mr. Wingerd noted they have gone through three years of litigation. Wingerd stated he can only tell the Planning Commission that when they come around that corner, they get a knot in their stomachs as a result of what Mr. Puzak has done. They have contacted a realtor, Jeff Martineau, and would like to sell the property . The realtor suggested that they try this procedure with the Planning Commission to switch the garage doors. Wingerd indicated he was not aware of Staff's recommendations regarding the sidewalks until today but that he does not feel that will be a problem. The sidewalk can be located w here the old garage doors are. As it relates to the turnaround, if it requires a jog, they would be happy to comply. Mr. Puzak has submitted a letter to the City, which Mr. Wingerd indicated he did not receive until this afternoon. They are currently in the midst of litigation. Wingerd indicated he has spoken with his attorneys about the court orders and they believe we have a meritorious claim. It would have to go to the court of appeals to be resolved since the lawsuit was based on a new statute. Wingerd indicated he would prefer not to do that since they have already spent into six figures on attorney fees. What they are proposing is substantially easier for us and better for the City. Mr. Puzak states in his letter that the Long lake Fire Department is on record voicing concern regarding the passage of emergency vehicles. They have been on record because of the rocks and a post near the boulders. The post is eight by eight. Wingerd stated in his view it is somewhat disingenuous to blame them for that situation. The width of the current asphalt is roughly 12 to 13 feet. They do have to occasionally park up in this area but they try to park off the asphalt to allow other cars to come in and out. ------------------Page 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Mr. Puzak also indicates that we have failed to observe the full width of the easement. In discovery during litigation, Mr. Puzak only indicates there were two times when he could not get through. Mr. Puzak only lives there two and a half months out of the year. One of the times when he could not get through was when he showed up unexpectedly on New Year's Eve. Mr. Wingerd indicated they were out of the country and their children were at the residence. Mr. Wingerd stated in his view it is disingenuous for him to make that claim. Mr. Puzak also indicates that they could basically purchase that lot or lots from him. Mr. Puzak has cut down two enormous cottonwood trees, one was 48 inches across and another one that was 36 inches across. He has completely defoliated the adjoining lot and it looks like somewhat has poured gas on the site. The rocks that are along the lake have also been marked. Wingerd indicated he will not let his two-year old grandson in that area because of fear of contaminants. Wingerd indicated he has no objection to doing the minor things, such as the sidewalk and the turnaround jog or whatever Staff recommends. Schoenzeit stated those items would need to be formally recorded in a survey prior to going to City Council. Winder indicated that in addition, Mr. Puzak has indicated in his letter that Mr. Gronberg did not put the easement in the survey, which to his knowledge is depicted on the survey. Curtis stated to her understanding Mr. Puzak was referencing the blue triangular easement that was depicted in an earlier survey. Curtis noted she drew that easement on the overhead for illustrative purposes. Schoenzeit commented there might be multiple easements. Winger indicated they are willing to respect his easement and leave him alone. Levang asked the applicant to explain where his land is and where the easement is. Levang noted she did visit the property today and that Mrs. Wingerd had explained that Mr. Puzak has to travel approximately 60 feet across their driveway to get to his easement and that the Wingerds have never denied him that 60 feet even though he does not have an official easement over that 60 feet. Winger indicated she is referring to this area here. Levang asked Mr. Wingerd to point out the location of the official easement. Curtis indicated it is the pink and blue lines. Schoenzeit asked ifthere are any requirements that that area has to be paved. Curtis indicated she does not have any details on that easement since it was recorded in 1948. Wingerd stated the easement has been used by everyone for as long as he can remember. Schoenzeit asked how the Planning Commission can require the removal of pavement pending litigation. ------------------Page 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Curtis stated this application was discussed with the City Attorney prior to drafting the report and that the width of the driveway access and the applicant's proposal should not restrict further than the existing roadway. The paved area does not impede the access for Mr. Puzak and it becomes a private matter and not a land use issue at that point. Gaffron noted Puzak does not need any easement over that lot since he is the owner of it. The piece that is being asked to be removed is all within the Wingerds' property . The City Attorney stated he has the right to travel across this particular piece of property and the fire and police department do not feel it is necessary to widen it any wider than the existing road. Gaffron stated Staff is comfortable requiring removal of the portion that is within the easement. Schoenzeit asked whether there are any issues with snow removal. Gaffron stated Public Works has dealt with plowing this for a number of years. Wingerd stated when they plow, they push the snow towards the lake. All of this area was class five rock until approximately three years ago when it was paved. Chair Schoenzeit opened the public hearing at 8:03 p.m. Frederick Puzak, 1340 Baldur Park Road, stated to clarify the matter of the easement, his easement was adjudicated as the area depicted in blue on the drawing, which was previously shown on the survey that was submitted for the construction of their garage. The Benson survey shows the proposed garage and it also indicates easement per document 2513998, which is shaded in blue . Puzak indicated everyone has been aware of the easement for quite some time. Puzak asked why the Wingerds were allowed to build within 9.3 feet of the lot line. Schoenzeit noted it is an existing structure. Puzak noted it was built in 2005. Curtis stated it was supposed to be 10 feet but there was no as-build survey required at that time. Puzak displayed the City's minimum driveway standards. For a side loading garage, it requires a minimum 20 feet. Puzak indicated it is his understanding there is an additional five foot setback required for hardcover, which would have required a 25-foot setback, which for some reason did not occur. Schoenzeit stated the purpose of tonight's hearing is for the Planning Commission to look at options to help the Wingerds gain access to their garage Puzak stated there were a number of factual inaccuracies in Mr. Wingerd 's statements that he could rebut, but that he would propose that Baldur Park Road be extended over Lot 21 . The new owners have indicated they would like to sell their property. The new owners could pick up the balance of Lot 21 and Lot 22, thus creating a legally conforming half acre lot in the LR-1 C zoning district. By extending the road in such a manner, the City would also have a place to push the snow on the west side of the road. The new owner of Lot 20 could own everything to the east. This would be a win/win situation. Mr. __________________ Page 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Puzak indicated he would get free access to his house, the Wingerds would get a legally conforming half acre lot with an extra 100 feet of lakeshore, and the city would get a place to put their snow. Schoenzeit asked if he brought that proposal to build the road to the City. Curtis indicated the road as proposed would be located in a wet land. Gaffron stated the green area depicted on the picture defines a delineated native wetland boundary. In the upper left of the drawing, 50 feet inland from that is a boundary for a 50-foot required buffer and another 20-foot setback for buildings. Mr. Puzak and the City had discussed this option at least once in the past and also perhaps with the previous owner. If the City is looking at continuing the road and angling it up towards the existing driveway, there would be impacts on the wetland and new hardcover within 75 feet of the lake. There is also an existing sewer manhole that is currently outside the travel area that would be impacted and the need to remove a number of trees greater than six inches in diameter. Gaffron indicated they looked at all these items two or three years ago. Gaffron stated the City does need a paved area for storage of snow. Storm water management would also need to be addressed. At one point the City considered doing a cul-de-sac in the area, which would require land from Mr. Puzak and would also require some storm water items be addressed as well as dedication of a formal easement. Gaffron commented there are many pieces that would have to fall together to make what Mr. Puzak is proposing come together. The City has looked at all these issues in the past and has determined not to go forward with it given the costs and the impact to the wetlands . Fred Puzak stated the proposed road is totally outside the wetland area itself and there would be an actual net reduction in hardcover. The area in pink is either gravel or blacktop, and it is his understanding that traveled gravel is also considered hardcover. By relocating the road, there would be a net reduction in hardcover. Levang asked if the conclusion of Staff was that the City is not interested in relocating the road. Gaffron indicated that is correct. In addition, the neighboring property owners would have to purchase additional land. The City was not interested in having to deal with storm water and wetland issues at that point. This is not an existing problem for Public Works but something that would be nice to have some day in the future. If the Puzak property ever develops , that would be the time when the City requests some of those changes. Puzak stated it is unfair to remove any of his paved driveway. Levang asked whether he paid for the paved driveway. Puzak indicated he did not pay for it but that it is currently paved and that a portion of it was paved by the City. The City extended their blacktop into the Wingerd property or into his easement. Driving over the gravel would make it be considered hardcover, which should be taken seriously by the Planning Commission. Levang asked if this is Mr. Puzak's driveway. Puzak stated he has a valid driveway easement over it. _________________ Page 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Schoenzeit stated there is nothing in the proposal that would prevent Mr. Puzak from gaining access to his property. The role of the Planning Commission tonight is to help the applicants gain access to their garage. Puzak stated the area in blue has been adjudicated to be the valid easement. Schoenzeit stated they are not discussing the easements tonight but they are focused on getting the applicants access to their garage. Puzak stated he does not like the fact that the City allowed the Wingerds to construct a side loading garage in the first place, which is against the City's own standards, and that he does not want any pavement removed from his area. Schoenzeit noted the Planning Commission is looking at the recommendations of the City Engineer and the City Attorney. Thiesse asked whether anyone from Staff has looked at the easement for the blue area and whether that is part of the driveway. Gaffron indicated he does not have those documents in front of him and that they have asked the City Attorney to review those documents . Gaffron stated the City only has a copy of the 1948 easement. Curtis indicated the one she received was the adjudicated acceptance of it and not the actual language of the easement. Gaffron indicated Staff will need to take a look at it. Puzak stated it was included in the e-mail. Schoenzeit stated the question is whether the City has details on what is required to be maintained in that area. Gaffron stated he does not recall seeing anything other than the boundaries of the easement and that the information he has just defines the easement for driveway purposes. Schoenzeit asked whether it is a mixture of blacktop and gravel. Gaffron indicated that is correct. Puzak stated it is a mixture and that to his understanding Orono considers gravel to be hardcover. Schoenzeit asked if it would be a mixture in the future . Puzak stated that some day he would like to pave his driveway rather than have it torn up today and then have to repave it later. The survey shows the portion that has been landscaped within his easement. Puzak requested that the Planning Commission leave what pavement is already in his easement, and that if the Planning Commission does not want to address the extension of the road , it can be kicked down the _________________ Page 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m . road. Puzak stated if they can get on the right track now and head for a long-term solution, that should be what is considered. Schoenzeit indicated that would be outside the scope of what the Planning Commission is considering tonight, but that ifhe understands Mr. Puzak's comments tonight, he would like to see the pavement remain. Puzak requested the original Gronberg survey be displayed. There are a number of discrepancies in the survey and it does not show the full extent of the easement. It references a secondary easement, which is incorrect. The secondary easement is valid only over Lots 21 and 22. Puzak stated the Planning Commission is talking about blacktop to be removed inside a landscaped area, which would make the hardcover calculation incorrect Curtis pointed out the area of the landscaping . Curtis stated the arrow is pointing to the extent of the removal , which is on the edge of the proposed new driveway . Puzak indicated that is not correct. The Wingerds are also showing removal of blacktop into his driveway. Puzak stated he is not sure how the Planning Commission can vote on this without a correct survey. Schoenzeit noted the Planning Commission is an advisory body to the City Council and that the applicant must submit a complete and correct survey prior to moving to the City Council. Puzak commented he would hope they would do so . Puzak asked whether everyone is supposed to receive a mailer regarding this application. Curtis stated a postcard is mailed out to the adjoining property owners. Schoenzeit stated the City receives a list from Hennepin County based on tax records. The City then takes that list and mails the notice to the appropriate property owners. Puzak stated he is the landowner of record and he did not receive notice of tonight's hearing. Curtis indicated the notice would have been sent to 440 West Arm Road East, Spring Park, Minnesota, under the name of 1350 Baldur, LLC . Puzak stated according to the list he should have been mailed four of them. Curtis indicated the City would have only mailed one since the duplicates are removed . Puzak stated he would like to see an affidavit of mailing since he did not receive any. Curtis noted they do have an affidavit of mailing. Puzak stated he would like to receive future notices. Schoenzeit stated Staff strives to ensure accuracy of the notices and Staff can provide that affidavit to Mr. Puzak. _________________ Page 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Schoenzeit encouraged Mr. Puzak to work with Staff on that item. Chair Schoenzeit closed the public hearing at 8:22 p.m. Wingerd noted this is a flower garden area and has always been a flower garden. Wingerd indicated he did not know anything of Mr. Puzak's plans that he raised here tonight. Wingerd stated he would presume that Mr. Gronberg is well known to this Commission and that he feels his reputation speaks for itself. Schoenzeit stated accurate surveys take a number of revisions and that the burden is on the applicant to do the due diligence necessary to make it complete. Wingerd stated they thought they had completed an accurate survey. Wingerd noted they had also erected a sign in their yard next to the roadway the first few days regarding their application and every morning it was knocked over. It has since been relocated to the middle of their yard. Mr. Puzak did have notice of the application. Schoenzeit encouraged Mr. Puzak to work with Staff to see the City's elaborate, detailed accurate notification process . Schoenzeit stated the focus of the Planning Commission is to help the applicant with their practical difficulty in how to access their garage. The applicant will need to submit an accurate survey. If the blue survey lines have information that prevents this from going forward , the City needs that information. Mrs. Wingerd stated they have had a complete survey done within the past few years . Schoenzeit stated the survey would need to reflect all easements , including utility easements and sewer easements. The surveyor will need to dig through all the public records to include the layers of missing information. With respect to Mr. Puzak, it is important that the applicant's survey contains that information. Based on what has been presented to the City, the survey appears to be incomplete and insufficient to go to the City Council. Schoenzeit stated the applicants will need to make sure that all the information is available so everyone has all the facts. Levang asked whether Staff is asking for the applicants to submit an updated survey reflecting the changes. Levang stated she would like it to be very clear on what the applicants need to do. Curtis indicated the recommendation from Staff would be that the easements that encumber the property regarding access for Mr. Puzak be shown on the survey, the proposed changes to the driveway be depicted, the removal of the hardcover proposed, and modification to the curb cut as well as the sidewalk. Wingerd indicated they will do that. Thiesse stated in his opinion the side loading garage does not allow for adequate space to back the vehicles out of the garage. The easement is for Lot 20 and not Lot 21 , so there is not adequate space. Mr. Puzak has indicated he has no interest in the Wingers being on his property , which is his right, but that the applicants need access to their garage. Schoenzeit stated they have a proposal before them that looks promising. ------------------Page 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Thiesse encouraged the applicants review the proposed driveway to ensure there is adequate room for them to tum around. Wingerd indicated they will do that and that they have had to make numerous maneuvers in their driveway already due to the rocks. Wingerd indicated he did not know exactly what Mr. Gronberg meant and that Mr. Thiesse's point is well taken regarding the turnaround. Schoenzeit stated the proposal should meet adequate engineering standards to accomplish what they are requesting. Wingerd indicated he will communicate that to Mr. Gronberg. Thiesse stated regarding the hardcover removal, if the original easement is part of a driveway easement, he is not sure how the Planning Commission can request that pavement be removed. If the 12-foot easement is the only portion allowed for the driveway, then Mr. Puzak needs to understand that if it is not an easement and it is located on the Wingerd property, they have the right to remove it. Curtis stated it is her understanding that what is being proposed to be removed is on the applicants' property. Gaffron stated Staff will need to ask the City Attorney to define whether or not the existing easement prescribes exactly how much hard surface or driving surface within that easement is allowed Mr. Puzak. If there is no definition, somebody will need to decide whether or not the hardcover that is excess in the minds of various entities can be removed or not. Landgraver requested that the hardcover that is proposed to be removed be highlighted on the overhead. Curtis stated there is currently hardcover in front of the garage . Curtis illustrated on the overhead the areas of existing hardcover and the areas the applicant is proposing to remove. Schoenzeit commented other than the fact that the Planning Commission does not like hardcover, removal of the excess hardcover seems like it would be a source of ignition and would escalate the issue between the parties. Schoenzeit stated he is less inclined to require removal of the hardcover until some higher authority determines exactly what should be removed. Curtis suggested the applicant only remove the hardcover up to the pink line. Thiesse stated that seems reasonable but that the hardcover should not be removed from the easement. Schoenzeit stated in order to move this application forward and not escalate the situation, the Planning Commission should allow the new side loading garage and allow the additional hardcover to access the garage, but that their recommendation should not include the removal of any hardcover located within the easement area. Curtis asked if that would be within the entire blue area. Schoenzeit stated that would apply to either the blue and pink area, but that the applicant can add sufficient hardcover in order to access his new garage . _________________ Page 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Curtis stated the hardcover in that area may never be removed then. Schoenzeit stated in his view there is not enough square feet of hardcover that would be removed that would help the lake and which would warrant causing additional fighting between the parties. Schoenzeit stated his recommendation would include no removal of hardcover and adding sufficient hardcover to access the garage . Levang commented she does not agree with the recommendation of Chair Schoenzeit since it is a fair amount of hardcover. The hardcover detracts from the home. The applicants will have a different side loading garage and then a big area of blacktop that serves no purpose. Levang stated the applicants will also need a sidewalk so something will need to be removed. Levang stated in her view it is detrimental to the homeowner and that she would not agree with that. Levang stated she is fine with the hardcover removal up to the pink line and that the City should get the county attorney to weigh in on this prior to it going before the City Council. Levang indicated she is happy to make a motion saying pending recommendation or approval by the county attorney. If the Planning Commission does not say anything now, the hardcover removal will likely not occur. Thiesse stated he would agree with removal of hardcover within the purple line. Gaffron illustrated the area that would be removed. Schoenzeit asked whether the City Attorney has already confirmed the removal. Gaffron indicated Staff can verify that with the City Attorney again. Gaffron stated one question that has not been asked is who put the hardcover there in the first place, and that in his opinion it was probably the Wingerds or their predecessors. Gaffron concurred the City Attorneys should make a recommendation on this application. Levang asked how Council Member Printup feels about this application. Printup stated he is in agreement with what Commissioner Levang has stated but that he has a concern with satisfying the applicant and thereby cause further acceleration of the problem. Printup stated it sounds like the applicant is dealing with the area between the pink line and the blue line and that he is going to pursue that since it is his easement. Schoenzeit stated as it relates to hardcover, the Planning Commission should follow the recommendation of the City Attorney. Levang asked how Staff feels about that approach. Curtis stated she is wondering how to direct the applicant as it relates to his survey revision. The City Attorney has reviewed the application. Curtis stated in her view a compromise would be to leave some of the hardcover within the pink area that is currently shown to be removed and allowing the applicant to remove the remainder of that area. Curtis noted the easement is a private issue between the two property owners and that the land use issue in front of the Commission tonight is to make sure that Mr. Puzak's ------------------Page 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. access is not inhibited. The amount to be removed is an area approximately 17 feet wide and exceeds the current width of the road . Landgraver stated it sounds like the request is to incorporate that sliver into the hardcover calculation, and then subject to a review of the easements, whether certain hardcover should be maintained. Schoenzeit stated they are going to direct the applicant to create a new survey showing that additional sliver in their hardcover calculations and they are also going to direct the City Attorney to provide an opinion that the correct amount is being removed. Landgraver stated what is unclear is what the language in the blue easement is and what are the requirements. Curtis displayed the blue easement document on the overhead . Schoenzeit stated as long as you have a 12-foot wide path, that would constitute good access and any excess hardcover should be removed. Puzak noted the fire department is already on record requesting 20 feet. Curtis stated she did speak to the police chief and fire chief and that their comments were regarding the restricted access that resulted from the placement of the pole and the boulders. Puzak stated there is more than 12 feet on the existing street and even more if you consider existing gravel. The Uniform Building Code requires 20 feet. Puzak stated he would object to the hearsay that the 12 feet is allowable when it is not. Schoenzeit stated the City attorney has stated that 12 feet is fine. Wingerd stated if it is 20 feet , then everyone further down on Baldur Road is in violation. Schoenzeit moved to recommend approval of Application #11-3520, Harold and Sandra Wingerd, 1376 Baldur Park Road, granting of hardcover variances per staff recommendations, subject to the applicants submitting, prior to the application going to the City Council, a completely updated survey showing sidewalks, adequate and accurate turnarounds, the proposed hardcover for the driveway, including the sliver that is being re-added and what is to be removed, and also subject to the City Attorney confirming from the language contained within the blue easement that the Planning Commission is not requesting more hardcover to be removed than what is allowed. Thiesse asked if the City Attorney should also review whether the hardcover in the purple area is required . Schoenzeit stated the City Attorney should review the hardcover in total for the application versus what should remain. Thiesse seconded the motion. VOTE: Ayes 6, Nays 0. _________________ Page 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. 9. #11-3520 HAROLD & SANDRA WINGERD, 1376 BALDUR PARK ROAD, VARIANCE-RESOLUTION NO. 6074 Harold and Sandra Wingerd, Applicants, were present. PC Exhibit I Curtis stated the applicants are requesting hardcover variances in order to reorient their existing driveway to access directly from Baldur Park Road and move the garage doors from the side to the end of the garage. A portion of the applicants' current access to the property is over the neighboring property. As illustrated by Exhibit A, the neighbor to the northwest, Puzak, has two easements for access purposes over the Wingerds' property. The Wingerds previously utilized a portion of Puzak's property to enter their driveway. Based on recent events, the Wingerds can no longer use their current access. To solve their access issues, the Wingerds are now proposing to reorient their garage doors from a side load to an end load and construct a new driveway entirely on their property. The lot has lake on both sides and a very small 75-250 foot zone. Variances to allow 32.8 percent hardcover in the SW 0-75 foot zone where 30.7 exists, 40.3 percent hardcover within the NE 0-75 foot zone where 40.8 percent currently exists; and 53 percent hardcover within the 75-250 foot zone where 37 percent currently exists are requested with this application. The Planning Commission voted 6 to O at their August meeting to approve hardcover variances in order to reorient the driveway as proposed. The Commission directed the applicant to revise the plans to reflect a more functional driveway with a back-up area, add a sidewalk to the front door, and leave a portion of blacktop to address the neighbor's concerns. Baldur Park Road as it approaches the point is approximately 12 plus feet wide. The Wingerds are proposing to remove a large blacktop apron area in front of the existing garage, as it is currently oriented, to improve permeability and aesthetics. Some of the blacktop removal is proposed within Puzak's larger easement resulting in at least a 12-foot wide driveway before it widens out on Puzak's own property. The removals will not limit Puzak's access to his property. Staff discussed the proposal with Orono Police Chief Correy Famiok and determined that any width in driveway in excess of 12 feet has no additional emergency access benefit. Puzak spoke at the public hearing and submitted a letter expressing concern regarding the proposed hardcover removals within the area of his easement and emergency vehicle access to his property. The driveway access easements referenced on the applicants' survey are attached as Exhibits E and F. Planning Staff recommends approval of variances to allow 32.8 percent hardcover in the southwest 0-75 foot zone; 40.3 percent hardcover within the northeast 0-75 foot zone; and 53 percent hardcover within the 75-250 foot zone to reorient the driveway. Harold Wingerd stated his wife purchased the property in 2002. In approximately 2007 or 2008, Mr. Puzak purchased the adjoining 9 to 12 lots. They are requesting that the west facing garage doors be relocated to be south facing due to the fact that Mr. Puzak has placed eight huge boulders near their garage doors and they cannot access the garage due to the boulders. Mr. Puzak has indicated that they are blocking his access. Wingerd indicated they have been in litigation over this issue for three years. During Mr. Puzak's deposition, he could only note two times when he could not access his property. One was on New Year's Page 12 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (9. #11-3520 HAROLD & SANDRA WINGERD, 1376 BALDUR PARK ROAD, Continued) Eve when he and his wife were out of the country and their children were having a party at their residence. Mr. Puzak currently resides in Florida during the wintertime. In addition to the area in front of the garage, there was a turnaround to the left that became a turnaround because there was no other place to tum around. In the wintertime there used to be a big post with a chain from one of the boulders to the post. Occasionally Mr. Puzak's coworkers would take it down to check on his house. Wingerd indicated they no longer have a way to access that area to tum around. Subsequent to the Planning Commission meeting, three of the boulders have been relocated to what used to be the turnaround. The post is in the middle of that and there is also a four inch steel pipe that in all likelihood was going to be used to string his chain fence from the pipe to the 6 x 6 post. Wingerd indicated his wife called the City and someone came out to stop the work. In addition to those changes, there have been 22 sections of Mr. Puzak's dock that have been placed near their property. Wingerd stated there does not appear to be any reason to place the dock sections there except for retribution. Wingerd indicated they have invested in excess of six figures in the litigation. Wingerd stated they would be happy to allow him to use his access and that they would like to create a new access for their property. Wingerd stated one of the recommendations was to flare both ends of the driveway, which he does not see in the report. Curtis indicated the turnaround would eliminate the need for the flared end. Wingerd indicated they are willing to comply with Staffs recommendations and noted there is a portion of the easement where the hardcover would not be removed. McMillan commented in her view this is a good solution and that she is in agreement with the resolution. Rahn and Bremer indicated they are also in agreement with it. Rahn moved, Printup seconded, to adopt RESOLUTION NO. 6074, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1288, for the Property Located at 1376 Baldur Park Road. VOTE: Ayes 5, Nays O. #11-3521 TAMI HELMER, 3131 CASCO The propose arage addition will mee he side and rear yard setba equirements and is ou ide the average I eshore setback line. The prop~ithin the 15 pe nt structural coverage !imita · n. -~---------------Page 13 of RUN DATE: 7/14/2014 HENNEPIN er -.,ffy PROPERTY INFORMATION SYSTEM (PROPERTY 0· 'ERS LIST) PC ExhibitJ 38 08-117-23 31 0002 M L SCHROEDER/KE SCHROEDER 1396 BALDUR PARK RD M ICHAEL & KATIE SCHROEDER 1396 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0005 BA JOHNSON & CT JOHNSON 1376 BALDUR PARK RD BETH A JOHNSON CHR ISTIA N T JOHNSON 1376 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0008 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 38 08-117-23 3 I 0003 G ILB ERT H & ROXANE T GEHLE 1392 BALDUR PARK RD G ILB ERT H & ROXANE T GEHLE 1392 BALDUR PARK RD WAYZATA MN 55391 38 08-117 -23 31 0006 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 38 08-117-23 31 0009 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 I CERT IFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECO DATE: 7-/','-/'f BY :~~~~~~~!'.L:_ __ _ 38 08-117-23 31 0004 M D & J A VERSTEEG 1384 BALDUR PARK RD CRA IG & LISA PEARSON 1384 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23310007 1350 BALDUR LLC 38 ADDRESS UNASS IG NED 1350 BALDUR LL C 4400 WEST ARM RD E SPRING PARK MN 55384 JUL ·2· 2 2014 CITY OF ORONO HENNEPIN COUNTY MAIL L, JEL GENERA TOR H Hennepin County Mailing Label Map Provided By: Taxpayer Services Department 08 -11 7 -3-31 For more information contact: Hennepin County GIS Div ision 300 South 6th Street Minneapolis, MN 55487 gis.info@co .hennepin.mn.us Map Comments: 1376 BALDUR PARK ROAD ORONO , MN 55391 PID NO. 08 -117-23-31-0005 I \ 0 8-117-23-3 4 Print Date: 7/14/2014 Map Scale: 1" = 116' Buffer Size: 150 feet I / l / Map Legend : Watel' Pal'k Pal'cel D Duffel' Region Selected Pal'cels ;.,ij_~ ;-,.. r-raa .. -... PC Exhibit K J -Majol' Roads Mino!' Roads II l ,, i/--~~t ~r RECEIVED JUL 2'2 2014 CllY OF ORONO ;■=fflapped~~f H .. ENNEP,IN ,, .. , ' . ,,,, .41 2czo tF :J ✓ 7 /1 LI./')() 1 L1 MINUTES OF THE ORONO PLANNING COMMISSION MEE~ING Monday, August 18, 20J.4 6:30 o'clock p.m. ommission met on the above-mentioned date with the fi wing members present: missioners Kevin Landgraver, Bruce Lemk ristopher McGrann, and John Thiesse. Representing· were Community Development · ector Andrew Mack, Senior Planner Michael Gaffron, City Planner Mela · Curtis, and Recorder 1!c ie Young. City Council Member Levang was present. Commissioner Jon ingler a · ed at 6:34 p.m . CONSENT AGENDA McGrann move chwingler seconded, to approve the minutes of the y 21, 2014, as submitted. VOTE: Ayes 6, Nays 0. 2. #11-3520 CHRISTIAN AND BETH JOHNSON, 1376 BALD UR PARK ROAD, VARIANCE RENEWAL, 6:35 P.M. -6:37 P .M. Christian Johnson , Applicant, was present. Curtis stated the applicant is requesting renewal of hardcover variance approvals in order to rearrange the existing driveway. In 2011, the previous owners were granted hardcover variances in order to relocate the driveway and change the orientation of the doors on the existing garage allowing for access within their property. The current driveway exists over property owned by the property owner to the west. The 2011 approval was extended administratively once until September, 2013. The variance approval was not extended a second time and has since expired and the work was never started. The new property owners wish to renew the hardcover variance allowing for reorientation of the garage doors from a side load to an end load and construct a new driveway entirely on their property. The lot has lake on both sides and a very small 75-250 foot zone. Hardcover variances are necessary in order to do as they propose. The applicants are requesting renewal of the exact hardcover variances granted in 2011 in order to address a long outstanding issue with access to the property. They have proposed to execute the previous owner's plan to remove the side-load garage doors and move the doors to the south side for an end-load garage. This will allow them to change the driveway so that they do not need to utilize the neighboring property for access. The applicants are also requesting to increase hardcover by 79 square feet in the southwest 0- 7 5 zone; reduce hardcover by 3 1 square feet in the northeast 0-7 5 foot zone; and increase hardcover by 369 square feet in the 75-250 foot zone for a total increase on the property of 307 square feet. Planning Staff recommends approval of the request to renew hardcover variances. Chair Leskinen opened the public hearing at 6:36 p.m. Page 1 of 33 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 18, 2014 6:30 o'clock p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 6:36 p.m. Leskinen stated she remembers discussing this application previously and that she does not have a problem re-instating the variances. Lemke moved, Thiesse seconded, to recommend approval of Application No. 11-3520, Christian and Beth Johnson, 1376 Baldur Park Road, renewal of hardcover variance approvals consistent with Resolution No. 6074. VOTE: Ayes 6, Nays 0. #13-3622 LANDSOURCE, LCC, 1645 SHADYWOOD ROAD, AMENDMENT TO LIMINARY PLAT, 6:37 P.M. -6:43 P.M. ers, Applicant, was present. Gaffron state e applicants are requesting revision to preliminary plat approval granted NO. 6338 in Nov The front lot originally approved at 1.0 acre in area is ow requested to The applicants originally guested a 2-lot plat with a front lot at 0.51 acre and After the public hearings, the plicants revised that plan to increase the fron gained preliminary plat approva ·n November of 2013. The applicants, in preparing their fina lat application, are now requ ting a revision to decrease the front lot to 0.75 acres. Staffs determination o whether the proposal to duce the size of the front lot constitutes a "substantial change" took into onsideration the fo owing factors: 1. At the July 14 Council meeting, a questio was ra· ed as to whether the changes to the Northern Oaks plat due to the re-defined wetland bou ·es would be considered as a "substantial change" and require it to go through preliminary plat oval again. One of the justifications for that not being deemed a substantial change was th lot lin weren't changing; and 2. During the preliminary review of th ront-back lot spli, the level of neighborhood concern was reduced when the front lot went fr m one-half acre to one re and the house location moved westward. Reducing its size n without an additional publi earing at the Planning Commission would be inapP, priate given the past public comm ts. The reduction in area of the fro lot from one acre to 0.75 acre also reduces t depth of the lot from just under 400 feet to just under O feet The proposed house location on the front lo has been moved forward to be more center on the lot, meeting all setback requirements. The len of driveway that is shared by Lots 1 and 2 ecreases slightly and reduces hardcover as compared to the p · r approved proposal. will meet the hardcover limits. The revised proposal results in the removal approximat four mature trees whereas the original proposal would likely have removed two. proposed ouse location on the back lot does not change as a result of the lot size revisions. Page 2 of 33 \ Date Application Received : 07 /22/14 Subject: 11-3520, Christian & Beth Johnson, 1376 Baldur Park Rd, Renewal of Hardcover Variances Public Hearing Background In 2011, the previous owners were granted hardcover variances in order to relocate the driveway and change the orientation of the doors on the existing garage allowing for access to their garage and home directly from the Baldur Park Road right of way. The current driveway exists over property owned by the property owner to the west. The 2011 approval was extended administratively once and expired in September 2013 and the work was never started. The applicants are new owners of the property. They are requesting renewal of the exact hardcover variances granted in 2011 in order to address a long outstanding issue with access to the property. They have proposed to execute the previous owners' plan to remove the side- load garage doors and move the doors to the south side for an end-load garage. This will allow them to change the driveway so that they do not need to utilize the neighboring property for access . They are requesting to increase hardcover by 79 square feet in the southwest O to 75' zone; reduce hardcover by 31 square feet in the northeast Oto 75' zone; and increase hardcover by 369 square feet in the 75' to 250' zone for a total increase on the property of 307 square feet. A variance to permit 42 .5% total site hardcover where 25% is allowed is requested. Staff finds due to the current access arrangement and the property's proximity to the lake, the practical difficulties identified in the initial approval resolution remain . Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? 4 . Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the request to renew hardcover variances in order to reorient the existing driveway consistent with Resolution No . 6074. CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #11-3520 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of August, 2014. ~(!-~~ Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, August 18, 2014 , beginning at 6:30 p.m. on the matter of reviewing the following land use applications and vacation requests : 11 -3520 13-3622 13-3637 14-3663 14-3678 14-3679 14-3680 14-3681 Christian & Beth Johnson , 1376 Baldur Park Road, LR-1C zoning district, request renewal of hardcover variances granted in 2011 to allow 40 .24% hardcover within the northeast 0- 75 ' zone where 40 .83% currently exists ; 13.25% hardcover within the southwest 0-75 ' zone where 9.21 % currently exists ; and 46.5% hardcover within the 75 '-250 ' zone where 37 .23% currently exists in order to reorient the garage doors and realign the driveway completely within the subject property . Todd Holmers and Jamison Kohout representing Real Assets, LLC , owner of 1645 Shadywood Road (PINS 17-117-23-22-0013), LR-1C zoning district, request an amendment to preliminary plat approval granted in November 2013 for a 2-lot residential subdivision . The amendment would reduce the size of the proposed front lot abutting Shadywood Road to 0. 75 acres from the 1.00 acre lot initially approved for construction of a new single-family residence on the property. The Broadway Group , LLC , owner of 2350 Watertown Road, RR-1 B zoning district, legally described as Lot 2, Block 1, Hunters Green , requests vacation of existing drainage , utility, and drainage & utility easements within the property, such easements to be replaced with newly defined and relocated easements concurrent with completion of the proposed subdivision of the property . Lauren Patnode, 3596 Shoreline Drive, requests Conditional Use Permit approval in order to operate a Class II restaurant and an office use within the existing building in the 8-1 zoning district. Commercial Site Plan approval is also required as the proposal includes modifications to the building and parking areas on the property and an intensification of the use . Architectural Landscape Design, on behalf of Bret & Jennifer Riemenschneider, 835 Forest Arms Lane, LR-1 B zoning district requests approval of an average lakeshore setback variance in order to construct an elevated deck with a screen porch below, ahead of the average lakeshore setback. Thomas & Katherine Ziegler, 2264 Shadywood Road , LR-1C zoning district request approval of a variance to permit 16 .9% structural coverage where 15% is allowed and 14 .6% currently exists in conjunction with the construction of a 6' x 24 ' addition to the existing home and a 144 square foot shed . Natural Landscape Minnesota , Inc ., on behalf of Brad & Pat Cleveland , 4315 North Shore Drive, LR-1 B zoning district requests approval of a conditional use permit and variance to allow hardcover within 75 feet of the OHWL of Lake Minnetonka in order to construct a new lake access stair and remove the existing stair which exceed 10 cubic yards of disturbance . By the Woods , LLC on behalf of Dan & Jan Houck , 1535 Fairview Cottage Lane, LR-1 B zoning district requests approval of a conditional use permit and variance to allow hardcover within 75 feet of the OHWL in order to remove existing retain ing walls , re-grade and install a stair case and boulders to stabilize a portion of the lake slope which exceeds 10 cubic yards of disturbance . 14-3682 James & Margaret Kelly, 1855 Concordia Street, LR-1C zoning district, request after-the- fact conditional use permit and variance approval for land alterations within 75 feet of the OHWL of Lake Minnetonka which exceed 10 cubic yards of disturbance. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by August 12, 2014 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis Planner To be published in The Laker & The Pioneer Newspapers on August 2, 2014. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE., 7/14/2014 HENNEPIN COi INTY PROPERTY INFORMATION SYSTEM (PROPERTY O"'"IERS LIST) PAGE: 38 08-117-23 3 I 0002 M L SCHROEDER/KE SCHROEDER 1396 BALDUR PARK RD MICHAEL & KATIE SCHROEDER 1396 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0005 BA JOHNSON & CT JOHNSON 1376 BALDUR PARK RD BETH A JOHNSON CHRISTIAN T JOHNSON 1376 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0008 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 38 08-117-23 31 0003 GILBERT H & ROXANE T GEHLE 1392 BALDUR PARK RD GILBERT H & ROXANE T GEHLE 1392 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0006 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 38 08-117-23 31 0009 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECO S OF THE DATE: 7-/'(-/'/ BY:--"";:1.::j~~~~~'L._ __ _ 38 08-117-23 31 0004 M D & J A VERSTEEG 1384 BALDUR PARK RD CRAlG & LISA PEARSON 1384 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0007 1350 BALDUR LLC 38 ADDRESS UNASSIGNED 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 11tl!ee1v!e JUL 2 2 2014 CITY OF ORONO AFFIDAVIT OF PUBLICATIOt , STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN, CARVER ) Charlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: The Laker, The Pioneer and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 08/02/2014 and the last insertion being on 08/02/2014. By: ~~{-ail Authorized Agent Subscribed and sworn to or affirmed before me on 08/02/2014. I)~ M MO-(,f~ Notary Public Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $15.00 per column inch Ad ID 257904 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commis- sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, August 18, 2014, beginning at 6:30 p.m. on the matter of reviewing the following land use applications and vacation requests: 11-3520 Christian & Beth John- son , 1376 Baldur Park Road, LR- 1 C zoning district, request renewal of hardcover variances granted in 2011 to allow 40.24% hardcover within the northeast 0-75' zone where 40.83% currently exists; 13.25% hardcover within the south- west 0-75' zone where 9.21 % cur- rently exists; and 46.5% hardcover within the 75'-250' zone where 37.23% currently exists in order to reorient the garage doors and re- align the driveway completely within the subject property. 13-3622 Todd Holmers and Jamison Kohout representing Real Assets, LLC, owner of 1645 Shady- wood Road (PINS 17-117-23-22- 0013), LR-1 C zoning district, request an amendment to preliminary plat approval granted in November 2013 for a 2-lot residential subdivision. The amendment would reduce the size of the proposed front lot abut- ting Shadywood Road to 0.75 acres from the 1 .00 acre lot initially ap- proved for construction of a new sin- gle-family residence on the property. 13-3637 The Broadway Group, LLC, owner of 2350 Watertown Road, RR-18 zoning district, legally described as Lot 2 , Block 1, Hunters · Green , requests vacation of existing drainage, utility, and drainage & util- ity easements within the property, such easements to be replaced with newly defined and relocated ease- ments concurrent with completion of the proposed subdivision of the property. 14-3663 Lauren Patnode, 3596 Shoreline Drive, requests Condi- tional Use Permit approval in order to operate a Class II restaurant and an office use within the existing building in the B-1 zoning district. Commercial Site Plan approval is also required as the proposal in- cludes modifications to the building and parking areas on the property and an intensification of the use . 14-3678 Architectural Land- scape Design, on behalf of Bret & Jennifer Riemenschneider, 835 Forest Arms Lane, LR-1 B zoning district requests approval of an av- erage lakeshore setback variance in order to construct an elevated deck with a screen porch below, ahead of the average lakeshore setback. 14-3679 Thomas & Katherine Ziegler, 2264 Shadywood Road, LR-1 C zoning district request ap- proval of a variance to permit 16.9% structural coverage where 15% is allowed and 14.6% currently exists in conjunction with the construction of a 6' x 24' addition to the existing home and a 144 square foot shed. 14-3680 Natural Landscape Min- nesota, Inc., on behalf of Brad & Pat Cleveland, 4315 Ne 3hore Drive, LR-18 zoning district requests ap- proval of a conditional use permit and variance to allow hardcover within 75 feet of the OHWL of Lake Minnetonka in order to construct a new lake access stair and remove the existing stair which exceed 10 cubic yards of disturbance. 14-3681 By the Woods, LLC on behalf of Dan & Jan Houck, 1535 Fairview Cottage Lane, LR-1 B zon- ing district requests approval of a conditional use permit and variance to allow hardcover within 75 feet of the OHWL in order to remove ex- isting retaining walls, re-grade and install a stair case and boulders to stabilize a portion of the lake slope which exceeds 1 0 cubic yards of disturbance. 14-3682 James & Margaret Kelly, 1855 Concordia Street, LR-1 C zon- ing district, request after-the-fact conditional use permit and variance approval for land alterations within 75 feet of the OHWL of Lake Min- netonka which exceed 10 cubic yards of disturbance. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings . Written comments are accepted and should be submitted to the City of Orono by August 12, 2014 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis Planner To be published in The Laker & The Pioneer Newspapers on August 2, 2014. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 8/2/14, Laker & Pioneer, PHN Land Use Applications, 257904 11:asy .. ee, .... i.aoe1s Use Averyl' Template S16o® 38 08-117-23 31 0002 MICHAEL & KATIE SCHROEDER 1396 BALDUR PARK RD WAYZATA MN 55391 3808-117-23310005 BETH A JOHN SON CHRISTIAN T JOHNSON 1376 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 3 1 0008 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 ~tiquettes fadles a peler Utilisez le gabarit AVERv® 5160® I I j i I ; • -Bena a1ong une to , "8ed Paper --• expose Pop-up Edge™ j 38 08-117-2331 0003 GILBERT H & ROXANE T GEHLE 1392 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0006 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 38 08-117-23 310009 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 3520 • Sens de chargement Repliez a la hachure afin de ; reveler le rebord Pop-up™ J ~ AVERY® 5960TM l 38 08-117-23 31 0004 CRAIG & LISA PEARSON 1384 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0007 1350 BALDUR LLC 4400 WEST ARM RD E SPRING PARK MN 55384 tteeewee JUL 2 2 2014 CITY OF ORONO www.avery.com 1-800-GO-AVERY HENNEPIN COUNTY MAIL L 3EL GENERA TOR Hennepin County Mailing Label Receipt Provided By: Taxpayer Services Department Company or Homeowner Name: Chris Johnaon Contact Person : - Contact Address: --, MN - Contact Phone: 952-200-9100 Comments: Buffer Distance: 150ft Mail Label Count : 8 PID LIST: Page 1 of 1 Print Date: 7/14/2014 4:06:50 PM TOTAL COST: $25.00 38 08 -117-23 31 0002 , 38 08 ·117-23 31 0003, 38 08-117-23 31 0004, 38 08-117-23 31 0005, 38 08·117-23 31 0006, 38 08·117-23 31 0007, 38 08-117-23 31 0008 , 38 08·117-23 31 0009 , #3520 lll!Cf!IVl!C> JUL 2 2 2014 CITY OF ORONO 7/14/2014 28 July 2014 Christian & Beth Johnson 1376 Baldur Park Rd Wayzata, MN 55391 SUBJECT: Zoning Application #11-3520 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us The City of Orono is required to notify you within fifteen {15) business days as to the status of your application for a variance renewal for property located at 1376 Baldur Park Road. Our preliminary review indicates that your application is complete. Your application is scheduled to appear before the Planning Commission on Monday, August 18, 2014. The meeting begins at 6:30 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date; the staff report and agenda will be made available the Friday prior to the meeting on the City's website at www.ci.orono.mn.us. Search for the Planning Commission materials under the meeting date by following the link "Meeting Information". Please call me at 952.249.4627 or by email at mcurtis@ci.orono.mn.us should you have any questions. Sincerely, City of Orono {1;1M~ Melanie Curtis Planning & Zoning Coordinator - ·ex1s.'T1NG.. s ·HM..~ . p'v-..>kf ~ /2...eM.Alk) 6XIS17 AJG> 1>wk"f' ,-}c... 'iO g~ ().,et.JoVe!J. I Aff P/> I/~ 1.J{?lA) 'tP.JAy -,z, ~e, A--tlD® l::2</>T?AJG Pi< ZML- ~ 7V ~I.J "-..... : .. -( --r :.., ,• NAIL IN ·····BLACKTOP (TYP) :~ :\ : .. . .. . . . ' '·. ···----·· EXISTING GARAGE NOJ:<'l'H At<M HOUSE #1376 I ~ ~ I It ••••• • .• ::_: \ j "•··-: .. .... ( 0) If) er I ( / / EXISTING HOUSE #1384 MEANDER LINE AS :SHOWN ON THE PLAT ...... / OF BALD UR PARK City of Orono 2750 Kelley Parkw ay Orn no MN 55 356 RPce ipt No: 3 .01 136 1 1.:I ;r i ,. I , PL:1111 . Ren ul'i ci, Ba I dur 1-,11 , ,. 101 -]4:1 ';0 Fi! i ng fee::;-·el ,~, ' lot<ii · I ', i.:1 11 , ,1 1 Total i\i-'11 ! 1,·J. 952-249-4600 Jul 22, 2014 350.00 350 .00 350.00 350.00 Cha ng e Tend ered: .00 --------------------- 07/22/20 14 09:0lAM Memo To: Finance Department From: Christine Mattson, Planning Assistant CC: Zoning / Street File Date: G/L: Re: 12/11/2012 101-22205 Zoning Escrow Refund Planning & Zoning Department Zoning Application #11-3520 pertaining to 1376 Baldur Park Road is complete. There are no outstanding legal or engineering pass-through charges. Please refund $700 held in escrow to the applicants, Harold & Sandra Wingerd. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Harold & Sandra Wingerd 1376 Baldur Park Road Wayzata, MN 55391 z:\zoning applications\2011 zoning applications -#3491 thru #3536\ 11-3520 (1376 baldur park rd) var\escrow refund memo 11-3520.doc LAND USE APPLICATION ESCROW AGREEMENT Application # I { 3 S 2JJ AGREEMENT made this '2f1 day of J /.,{ L\..f , . 20_/ _I , by and between the CLTY OF ORONO, a Minnesota municipal corporation ("City") and :f:lz'--li:::P LA sf MJ'ld,r--q1 Ill/ I ';:(J:r ~ [a corporation -optiona~ ("Owners"). Recitals 1. Owners have filed Zon~ng Application #_~(~I __ -gs ZD formally requesting the City to review plans for V tt..Arl a. V'l CL.<l located at I ·3 ·7 v P, a I ~~L..-·t. , the "Subject Property") as more fully shown and described on Exhibit "A" attached hereto. ~wners request the City to review said plans which requires City approval including ~~ ~ 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $ 7 OD ,,_. with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owners, r~viewi!lg _ the plans, and preparing agenda packet material for City Council review of application# 1 I -3S Z.V . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. OWNERS: Its: ... 'Cl Copy:to StreefFile LJ rt A A. vv 11\J Lr~ rt 1J OCK 1, "BALD UR PARK" fNTY, MINNESOTA D t £: ~ \= ii ~ •' ···'·• ... .-······ · .. i \ •, . .. .. . . ... ··-.. .. . ... ,, ")C) -:S ~ ~ tx . OIi'~• ~ ~~~C) ~ ....... / .. / \~ . ' ,• ' .. ······ ·····""r'. .,:.~\.f I .... \ •, ·o .• .. ····· ~ ,0. ( \ ·o~···:• . . \ :°? A. \ \.f ·v ·c&, lf ··\.•· u'o \ ~a \ 0~ \ .·· ,, \ C)C) o()':> ~(?)~ ~ C> (l--~· ,s, .. .. ... \ ,\~ \ o/ i>\ 0~ \\ '--... ~' \0 /\ .... •· .... \ ~~·······~-;;~··;N ...... BLACKTOP (TYP) ~ LAKE MI .NNETONKP. NORTH ARM .. ·· MEANDER LINE AS ,.SHOWN ON THE PL _./ OF BALDUR PARK ~; 4 . ¾«>'EXISTING r.J ~ ~ HOUSE #1376 · I I I !Ii q, I ... . ..... •• I • I : \ J : • .... ; : ..... · ( m er I I ~ ....... · <:o~ 'Oj / / y;).'( x.Dvf ... ... . ,./ / ,:· ~ \ 6q \ / ~ .... \ ......... -<P ~·ce ~€%@V- '~"" ~ e,Jf' wu 1,.~ ,., ·· ..... •·\ ~ ~ .Po~1{a 6 ~a'r -.p One (21 ), Block One ( 1 ), Meander line at the North- . Northwesterly on said line ,f said Lot Twenty One (21 ); id Lot Twenty One (21) a on the Southeasterly line of :rom said ~J -therly corner; feet to th'-point of beginning . ':>C) Ci!y of Orono 2750 Kelley Parkway Orono MN 55356 Receipt No: 3,005080 952-249-4600 Jul 28, 2011 Harold Wingerd Planning and Zoning 11-3520 1376 Baldur Park 700.00 101-22205 Deferred Rev-Developer Deposit -----Total: 700.00 Check Check No: 3019 700.00 Payor: Harold Wingerd Total Appliecl: 700.00 Change Tendered: .00 07/29/2011 09:19Afil CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- PERMIT NO.: 2011-00757 DATE ISSUED: 07/29/2011 (952) 249-4600 FAX: (952) 249-4616 ADDRESS PIN LEGALDESC : 1376BALDURPARKRD : 08-117-23-31-0005 : BALDURPARK : LOT 000 BLOCK 001 PERMIT TYPE : ESCROW FEE -APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE -APPLICANT NOTE: THIS $700 ESCROW IS TIED TO LAND USE APPLICATION #11-3520 APPLICANT WINGERD, HAROLD 1376BALDURPARKRD WAYZATA, MN 55391- OWNER WINGERD, HAROLD 1376 BALDUR PARK RD WAYZATA, MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions oflaws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. Applicant Permitee Signature Date ESCROW FEE -APPLICANT ESCROW FEE -DEVELOPER TOTAL Issued By Signature SEP AR.ATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. Date 700.00 0.00 700.00 h r w i'I/I. ;/ r--J. e iwest off,~12- , eo ,,..,..._ Mike Gaffron From: Mike Gaffron Sent: To: Wednesday, May 08 , 2013 12:14 PM 'jmartineau@cbburnet.com' Cc: Melanie Curtis Subject: Wingerd-Puzak Issue Attachments: Council Minutes 9-12-2011 .pdf; Wingerd Approved Hardcover per Resol #607 4. pdf Jeff- I reviewed the variance application file for the Wingerd driveway relocation . It appears the City had knowledge of Puzak's easement as well as the 2009 court order, acopy of which was in the file . In reviewing the minutes it seems that the City concluded that even though Puzak has a very wide easement, he only needs 12' of driveway width to provide sufficient access to his property. The minutes indicate the City's conclusion that removal of portions of the driveway within Wingerd's property and within the easement, while leaving Puzak a 12' paved corridor, will not limit Puzak's access to his property. The conditions of the Wingerd variance approval ultimately required a portion of the hardcover within the easement to be removed. The fact that Puzak 's property benefits by an extremely wide easement over the Wingerd parcel does not necessarily give Puzak the right to expand hardcover beyond that necessary to provide access to his property. The area in question is almost entirely within 75 feet of the lake, where driveway width is limited as by City code as follows: Sec. 78-1282. -Driveways, stairways, lifts and landings. (a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the property has no other frontage on or access to a public or private road. The variance granted to Wingerd's allowed them to have a driveway wider than 8 feet, per the attached sketch . Unfortunately, if you conclude that the Wingerd 's are legally unable to accomplish removal of the portions of driveway apron that were required to be removed, the variance approval may have to be re-opened for further discussion. Please keep us informed as this issue progresses. Mike Michael P. Gaffron Assistant City Administrator/ Long Term Strategy City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O . Box 66, Crystal Bay, MN 55323 Phone : (952) 249-4600 Fax: (952) 249-4616 1 1 October 2012 Harold & Sandra Wingerd 1376 Baldur Park Rd Wayzata, MN 55391 RE: Variance File #11-3520 Resolution 6074 CITY OF ORONO Street Address: \ Mailing Address: \ Telephone (952) 249-4600 2750 Kelley Parkway P.O . Box 66 Fa x (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono .mn .us By Resolution 6074 the Orono City Council granted approval for your hardcover variances (File #11- 3520). We have received your request dated September 12, 2012 for an extension of this approval which was to expire on September 12, 2012. Pursuant to City Code Section 78-129 staff may grant a 12-month extension of the approval granted by Resolution No. 6074. Because nothing has changed since the time of the original variance approval your extension approval has been granted. Your variance will expire on September 12, 2013. A request for an additional extension must be received at least 60 days prior to the new expiration date. Any subsequent extensions may be granted by City Council approval. The terms and approvals granted in Resolution 6074 still apply. If you have any questions, please contact me at mcurtis@ci.orono.mn.us or at 952.249 .2467 . Sincerely, CITY OF ORONO Melanie Curtis Planning & Zoning Coordinator City of Orono Variance Approval Extension Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main : 952-249-4600 fax: 952-249-4616 Mailing Address: P.O . Box 66 Crystal Bay, MN 55323-0066 Application # Date Received : Staff : 1st Extension : 2nd & Subsequent Extensions: $50 administrative a roval $350 (Council approval) This extension ap~lication form must be completed in full and submitted at least 60 days prior to the variance expiration. OWNER INFORMATION: (Complete legal names and m~ritaJ status required for each interested party) Name: ::OMCTL 4 \-\arold w·1egel1L-' Phone (home): g :J 1--4-1 I -Lo &:9 Phone (work): CompleteAddress: 131\-p {30.l(lllr £Q(~ e.£L City, State & ZIP . Jir~4 lftf;'..J .5,5J.ll j Email: hrw,n3e~~~~\!l____office . (0YV\ Fax : OWNER: • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this extension application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants , agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the City Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued. OwnerSignature -= ~u:~ Owner Signature : ~ /2._ ~I) Date : Date: ----- Ci.t't ,:,f Ot'\ono 2750 P.ellev .Park1tay Orono tti·ss..~ Receipt No: 3.0Q76t.'"'6 o/...2-249-4600 Sep ,13, 2012 Sandra Wingerd Planning and Zoning __ Variance Ellt -11-~ 50.00 10l-3't420 Concl , LJ3e-Varian~-Dev .Fei:?S Tut al: Check Check No: 753!) Payor,:, - Sandra Win~Erd fotal AP.plietl: Change Tende!"E'd: ~/13/c'.012 04:c.'t~' 50.00 50.00 50.0o .oc ~~~G~\'----=\-~~~cl~~~ ... ====- ~~~' - / 3 7 tp -~~ f ~ ll__ Ill lllll 1111111111111 1 I-ZJ:ilD Doc No A9874485 Certified, filed and/or recorded on 11/19/1212:00 PM Office of the County Recorder Hennepin County, Minnesota Rachel Smith, Acting County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 9 Pkg ID 887735M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING AV ARIAN CE TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO.11-3520 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 6 0 7 4 NO. _______ _ A RESOLUTION GRANTING AV ARIAN CE TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO.11-3520 WHEREAS, Harold Wingerd and Sandra Wingerd, a married couple (hereinafter "the Applicants") are the owners of the property located at 1376 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as All of Lot 20 and that part of Lot 21, Block 1, Baldur Park, described as follows: Beginning on the meander line at the northeasterly comer of said Lot 21; thence northwesterly on said line a distance of 50 feet to the northwesterly comer of said Lot 21; thence southwesterly on the northwesterly line of said Lot 21 a distance of 23 feet; thence southeasterly to a point on the southeasterly line of said Lot 21, 66.5 feet southwesterly from said northerly comer; thence northeasterly on said southeasterly line 66.5 feet to the point of beginning, Hennepin County, Minnesota (PIN 08-117-23-31-0005) (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1288 to allow 32.8% hardcover in the SW Oto 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE Oto 75' zone where 40.8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conju.,_7.ction v1ith reorienting the drivev;ay on the property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held .. a public hearing on August 15, 2011 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11-3520. Pagelof5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ___ 6_0_7_4_ 2. The Property is located in the LR-IC One Famiiy Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on August 15, 2011 and recommended approval of hardcover variances based on the following findings: a. The Property contains 11,971 s.f. (0.27 acre) in area and has 60 feet in width at the southwest OHWL and 100 feet in width at the northeast OHWL. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. The Applicants' proposal will orient their driveway directly from Baldur Park Road right of way and will eliminate the need to utilize the adjacent property for access. e. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. f. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. g. The Applicants' request is in harmony with the purpose and intent of the ordinance. h. The Applicants' request will not adversely impact driveway access for the property to the northwest. 1. The Applicants have provided a plan which meets the minimum hardcover required for driveways and sidewalks. J. The Applicants have demonstrated that enforcing the hardcover provisions of the Zoning Ordinance would deprive the Applicants of the reasonable use of their Property. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 6 0 7 4 NO. __________ _ 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance 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 practical 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 to allow 32.8% hardcover in the SW 0 to 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE 0 to 75' zone where 40.8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction with reorienting the driveway on the property, subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in cenformity with City codes will require further Planning Commission and City Council review. 2. Hardcover shall not increase above the existing and approved levels as follows: 1,210 s.f. of hardcover (32.8%) within the SW 0-75' zone; 2,617 s.f. of hardcover (40.3%) within the NW 0-75' zone; and 1,239 s.f. of hardcover (53%) within the 75'-250' zone. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. The Applicants' building permit plans shall address the City Engineer's comments and recommendations. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 7 4 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A final inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 12, 2012). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned Applicants have read, understand and hereby agree to the terms of this re,sol;y;,tton and on behalf of the Applicants and the Applicants' heirs, successors and assigns, . -,,. · ,,; gree to the recording of this resolution in the chain of title of the Property . . il. Lt kA.14~ Lili Tod McMillan, Mayor /~& L)~ Property Owner Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 7 4 STATE OF MINNESOTA COUNTY OF HENNEPIN 21) f 7-, This instrument was acknowledged before me this .fr_ day of A}t1tJem(;e;i ~ 1, by Harold Wingerd, husband of Sandra Wingerd. MONICA A. FADNESS NOTARY PUBLIC· MINNESOTA My Commission Expires Jan. 31, 2017 STATE OF MINNESOTA COUNTY OF HENNEPIN : 2()/'2- This instrument was acknowledged before me this ,b day of Nt1~, 20'1{, by Sandra Wingerd, wife of Harold Wingerd. MONICA A. FADNESS NOTARY PUBLIC -MINNESOTA My commission Expires Jan. 31, 2017 -Y/lrvuu Cr L ~ Notary Public Page 5 of 5 CERTIFICATE OF SURVEY FOR HAROLD & SANDRA A. WINGERD IN LOTS 20 & 21, BLOCK 1, "BALD UR PARK" HENNEPIN COUNTY, MINNESOTA -,o LEGAL DESCRIPTION OF PREMISES : All of Lot Twenty (20) and that port of Lot Twenty One (21), Block One (1), Baldur Pork, described as follows: Beginning on the Meander hne at the North- easterly comer of said Lot Twenty One (21); thence Northwesterly on said line a distance of 50 feet to the Northwesterly corner of said Lot Twenty One (21); thence Southwesterly on the Northwesterly line of said Lot Twenty One (21) o distance of 23 feet; thence Southeasterly to o point on the Southeasterly line of said Lot Twenty One {21 ), 66.5 feet Southwesterly from soid Northerly corner; thence Northeasterly on said Southeasterly line 66.5 feet to the point of beginning. 0 denotes iron marker (908.3): denotes existing spot elevation, mean sea level datum [[IQ]J: denotes proposed spot elevation, mean sea level datum -,o. --917--: denotes existing contour line, mean sea level datum --lfilEI-: denotes proposed contour line, mean sea level datum Bearings shown ore based upon an assumed datum. This survey intends to show the boundaries of the above described property, the location of on existing house, garage, deck and driveway, the location of all existing "hardcover", and the proposed location of o proposed 'driveway thereon. It does not purport to show any other improvcements or encroachments. """'"'" 0-'TE $GRONBERG AND ASSOCIATES, INC. ";,~~-=-==t=====t============-=========================i CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS 445 NORTH WllOW DRIVE 1---f----f--------------------J LONG LAJ<E, MN. 55356 952-473-4141 1-172A f(f;f;:;{JU/TI ON E/4Ht BA T A -20 6 Q l 4 RECEIVED SEP O t. 20i1 LAKE CITY OF ORONO 0 MINNETONKA NORTH ARM EXISTING HOUSE #1384 20 40 60 SC AL E IN F E E T SC,LE 1"=20' OATE 6-27-11 STATEOFMINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on September 12, 2011, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the Ci,W-tN~r 13 th day of September , 2011. ,·~ .. ' "r~t._ City Clerk ~()'.' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. 9. #11-3520 HAROLD & SANDRA WINGERD, 1376 BALDURPARKROAD, VARIANCE -RESOLUTION NO. 6074 Harold and Sandra Wingerd, Applicants, were present. Curtis stated the applicants are requesting hardcover variances in order to reorient their existing driveway to access directly from Baldur Park Road and move the garage doors from the side to the end of the garage . A portion of the applicants' current access to the property is over the neighboring property . As illustrated by Exhibit A, the neighbor to the northwest, Puzak, has two easements for access purposes over the Wingerds' property. The Wingerds previously utilized a portion of Puzak 's property to enter their driveway. Based on recent events , the Wingerds can no longer use their current access. To solve their access issues, the Wingerds are now proposing to reorient their garage doors from a side load to an end . load and construct a new driveway entirely on their property. The lot has lake on both sides and a very small 75-250 foot zone . Variances to allow 32.8 percent hardcover in the SW 0-75 foot zone where 30.7 exists , 40.3 percent hardcover within the NE 0-75 foot zone where 40.8 percent currently exists; and 53 percent hardcover within the 75-250 foot zone where 37 percent currently exists are requested with this application. The Planning Commission voted 6 to O at their August meeting to approve hardcover variances in order to reorient the driveway as proposed. The Commission directed the applicant to revise the plans to reflect a more functional driveway with a back-up area, add a sidewalk to the front door, and leave a portion of blacktop to address the neighbor's concerns. Baldur Park Road as it approaches the point is approximately 12 plus feet wide. The Wingerds are proposing to remove a large blacktop apron area in front of the existing garage, as it is currently oriented, to improve permeability and aesthetics. Some of the blacktop removal is proposed within Puzak's larger easement resulting in at least a 12-foot wide driveway before it widens out on Puzak's own property. The . removals will not limit Puzak's access to his property. Staff discussed the proposal with Orono Police Chief Correy Famiok and determined that any width in driveway in excess of 12 feet has no additional emergency access benefit. Puzak spoke at the public hearing and submitted a letter expressing concern regarding the proposed hardcover removals within the area of his easement and emergency vehicle access to his property. The driveway access easements referenced on the applicants' survey are attached as Exhibits E and F. Planning Staff recommends approval of variances to allow 32 .8 percent hardcover in the southwest 0-75 foot zone ; 40.3 percent hardcover within the northeast 0-75 foot zone; and 53 percent hardcover within the 75-250 foot zone to reorient the driveway. Harold Wingerd stated his wife purchased the property in 2002. In approximately 2007 or 2008 , Mr. Puzak purchased the adjoining 9 to 12 lots . They are requesting that the west facing garage doors be relocated to be south facing due to the fact that Mr. Puzak has placed eight huge boulders near their garage doors and they cannot access the garage due to the boulders. Mr. Puzak has indicated that they are blocking his access . Wingerd indicated they have been in litigation over this issue for three years. During Mr. Puzak's deposition, he could only note two times when he could not access his property. One was on New Year 's Page 12 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (9. #11-3520 HAROLD & SANDRA WINGERD, 1376 BALDUR PARK ROAD, Continued) Eve when he and his wife were out of the country and their children were having a party at their residence. Mr. Puzak currently resides in Florida during the wintertime. ill addition to the area in front of the garage, there was a turnaround to the left that became a turnaround because there was no other place to turn around. ill the wintertime there used to be a big post with a chain from one of the boulders to the post. Occasionally Mr. Puzak's coworkers would take it down to check on his house. Wingerd indicated they no longer have a way to access that area to turn around. Subsequent to the Planning Commission meeting, three of the boulders have been relocated to what used to be the turnaround. The post is in the middle of that and there is also a four inch steel pipe that in all likelihood was going to be used to string his chain fence from the pipe to the 6 x 6 post. Wingerd indicated his wife called the City and someone came out to stop the work. ill addition to those changes, there have been 22 sections of Mr. Puzak's dock that have been placed near their property. Wingerd stated there does not appear to be any reason to place the dock sections there except for retribution. Wingerd indicated they have invested in excess of six figures in the litigation. Wingerd stated they would be happy to allow him to use his access and that they would like to create a new access for their property. Wingerd stated one of the recommendations was to flare both ends of the driveway, which he does not see in the report. Curtis indicated the turnaround would eliminate the need for the flared end. Wingerd indicated they are willing to comply with Staff's recommendations and noted there is a portion of the easement where the hardcover would not be removed. McMillan commented in her view this is a good solution and that she is in agreement with the resolution. Rahn and Bremer indicated they are also in agreement with it. Rahn moved, Printup seconded, to adopt RESOLUTION NO. 6074, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1288, for the Property Located at 1376 Baldur Park Road. VOTE: Ayes 5, Nays 0. #11-3521 TAMI HELMER, 3131 CASCO The propose arage addition will mee he side and rear yard setba equirements and is ou ide the average 1 eshore setback line. The prop 1 is within the 15 pe nt structural coverage limita · n. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Harold & Sandra Wingerd 1376 Baldur Park Rd Wayzata, MN 55391 TYPE OF APPLICATION: Variance ZONING FILE: 11-3520 NOTICE OF COUNCIL ACTION DATE OF NOTICE: September 20, 2011 COPIES: DATE OF MEETING: September 12, 2011 VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the original resolution at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolution. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution . Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than September 12, 2012. If you desire certified copies of the official Council minutes , they are available from the City Clerk after review and approval by the City Council. If you have questions ple·ase contact Melanie Curtis , Planning & Zoning Coordinator, at mcurtis@ci.orono.mn.us or 952.249.4627. Council 09/12/11 Item Description: #11-3520-Harold & Sandra Wingerd -1376 Baldur Park Rd -Variance -Resolution Application Summary: The applicants are requesting hardcover variances in order to reorient their existing driveway to access directly from Baldur Park Road and move the garage doors from the side to the end of the garage. A portion of the applicants' current access to the property is over the neighboring property. As illustrated by exhibit A in your packet, the neighbor to the northwest, Frederick Puzak, has two easements for access purposes over the Wingerds' property. The Wingerds previously utilized a portion of Puzak's property to enter their driveway; based on recent events the Wingerds can no longer use their current access. To solve their access issues, the Wingerds are proposing to reorient their garage doors from a side load to an end load and construct a new driveway entirely on their property. The lot has lake on both sides and a very small 75'- 250' zone . Variances to allow 32.8% hardcover in the SW Oto 75' zone where 30.7% exists; 40.3% hardcover within the NE 0 to 75' zone where 40.8% currently exists; and 53% hardcover within the 75' to 250' zone where 37% currently exists are requested with this application. On August 15, 2011, the Planning Commission voted 6 to Oto recommend approval of hardcover variances in order to reorient the driveway as proposed . The commission directed the applicant to revise the plans to meet minimum hardcover requirements and to leave a portion of blacktop in hopes of addressing Puzak's concerns. ******** Baldur Park Road as it approaches the point is approximately ±12 feet wide. The Wingerds are proposing to remove a large blacktop apron area in front of the garage, as it is currently oriented, to improve permeability and aesthetics. Some of the blacktop removal is proposed within Puzak's larger easement resulting in at least a ±12 wide driveway before it widens out on Puzak's own property. The removals will not limit Puzak's access to his property. Staff discussed the proposal with Orono Police Chief Correy Farniok and determined that any width in driveway in excess of ±12 feet has no additional emergency access benefit . Puzak spoke at the public hearing and submitted a letter expressing concern regarding the proposed hardcover removals within the area of his easement and emergency vehicle access to his property. The driveway access easements referenced on the applicants' survey are attached as exhibits E & F. Puzak may appear at the meeting to discuss his concerns further. ********* Planning Staff recommends approval of variances to allow 32 .8% hardcover in the SW 0 to 75' zone; 40.3% hardcover within the NE 0 to 75' zone; and 53% hardcover within the 75' to 250' zone to reorient the driveway. Tonight, the Council should consider adopting o r amending the draft approval resolution . 14h~ ~{Le)--~ ~¼ Of /7 ~ rLvJ-O l ~ s-D trff{L- ·7,.cll (/4{11LiL ~ Pficre r c1(,,~ s vl.f ~ I r t ' LINDQUIST LIND Q U. IS T +Vt:: N NU M Joseph S. Lawder (612) 371-3293 jlawder@lindquist.com www .lindquist.com August 31 , 2011 Melanie Curti~ Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Minneapolis • Denver Lindquist & Vennum PLL P 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-227 4 Phone: (612)371-3211 Fax: (612) 371-3207 Re: Sandra Benson Wingerd and Harold Wingerd v. 1350 Baldur, LLC and Frederick Puzak Court File No. 27-CV-08-23042 Dear Ms. Curtis: Enclosed please find a check in the amount of $15.43 to cover the cost of copies and postage on our recent Information Request Fonn regarding the above referenced property. Please send th e documents at your earliest convenience. Thank you for your assistance. Very truly yours, LINDQUIST & VENNUM PLLP Joseph S. Lawder JSL/eda Enclosures DOCS-#3529982-v 1 { LintJquist & Vennum P.L.L.P.Cit> .l Orono ~~ , DATE INVOICE# CLIENT/MATTER# 08-31-11 083111 600343.27 .. --·-------------··-------·--------------------- BANK: US BANK CHECKING ACCOUNT CHE, DATE: 08-31-11 - COMMENTS f-__J+ Document Production ---------------· --·--. ... ·----------- ACCOUNT NO.: ------------ ll ll II I! :1 I.' H H I! " ll ii ---- 160234418327 CHECK NO. 380676 AMOUNT 15 .43 -----------. -----------------------------·- I TOTAL 15.43 VENDOR ID: 118911 -------- MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Pa Meyer, Architect, thanked Staff for their thorough review of their application. As it con truck ffic and the trash location, the truck traffic would be out 15 feet away from the tra ins, which would g1 them plenty of space. Meyer illustrated th ocation of the dumpsters. Meyer stated as it relates to t trucks , there should be enty of room. Leskinen asked whether Sta as any other concerns with screening Leskinen stated from her review of the sit it appears that the dock area blo Gaffron stated he thought the issue ne ed some discussion b , he Planning Commission since it was not addressed in the code for industrial lots. Leskinen stated her view of the wing wall is tha see a need for it. Schoenzeit asked whether Staff's wording in t · ndations is sufficient as it relates to the vacation of the easement. Gaffron recommended the vacation be acated subject to dedicatl of a replacement easement and approval of the site plan subject to mpliance with all code require ents and subject to satisfactorily addressing the issues raised by th ity Engineer prior to going to the · Council. Thiesse asked if the utility e ement is shared currently. Gaffron indicated thei: s a lot line that was at one time part of the plat but that the located entirely on property. Levang move , Schoenzeit seconded, to recommend approval of Application 11-3519, auer Design Build, LL on behalf of Ryan Companies and JEM Technical Marketing Company, In 550 Old y Road North, site plan review, subject to the conditions of Staff. VOTE: Ayes , 5. #11-3520 HAROLD & SANDRA WINGERD, 1376 BALDOR PARK ROAD, V ARIANCE7:40 P.M. -8:42 P.M. Harold and Sandra Wingerd, Applicants, were present. Curtis stated the applicant is requesting hardcover variances in order to rearrange the existing driveway. At the present time a portion of the applicants' current access to the property is over the neighboring property. The neighbor to the northwest , Frederick Puzak, has two access easements over the Wingerds ' property . The Wingerds previously utilized a portion of Puzak 's property to enter their driveway. The Wingerds can no longer use their current access. To solve their access issues, the Wingerds are proposing to reorient their garage doors from a side load to an end load and construct a new driveway entirely on ------------------Page 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. their property. The lot has lake on both sides and has a very small 75-250 foot zone. Hardcover variances are necessary in order to do as they propose. The applicants have proposed to remove the side-load garage doors and move the doors to the south side for an end-load garage. This will allow them to change the driveway so that they do not need to utilize the neighboring property for access. They are requesting to increase hardcover by 127 square feet in the southwest 0-7 5 foot zone, reduce hardcover by 3 8 square feet in the northeast 0-7 5 foot zone, and increase hardcover by 281 square feet in the 75-250 foot zone for a total increase of 307 square feet. Baldur Park Road as it approaches the applicants' property is approximately 12 feet wide. The applicant is proposing to remove a large blacktop area in front of the garage as it is currently oriented. Some of the blacktop removal is proposed within Puzak:'s easement, resulting in a 12 foot wide driveway before it widens out on Puzak's own property in this area. Puzak: reviewed the proposed plans and expressed concern regarding the proposed hardcover removals within the area of his easement and emergency vehicle access to his property. Mr. Puzak has sent a letter to the City outlining his concerns and that letter is included in the Planning Commission packet. Staff discussed the issue with Orono's Police Chief and he has determined that any width in driveway in excess of 12 feet has no additional emergency access benefit. Staff finds due to the current access arrangement and the property's proximity to the lake, practical difficulties exist. The applicants' plan should be reviewed against what is the minimal increase in hardcover necessary to alleviate the practical difficulty. The proposed configuration of the new driveway as it meets the existing driveway in this location should be reviewed such that maneuverability is not compromised. Staff feels that perhaps the applicants should flare both ends outward to facilitate pulling into and backing out of the new driveway. Additionally, it should be noted that by removing all of the blacktop hardcover as proposed, a sidewalk to the front door from the driveway would be eliminated. Code requires a minimum two foot wide sidewalk. The applicants should revise their plan to address both of these issues. As part of this application, the applicants should be required to remove any existing sidewalk or hardcover encroachment which extends into the property to the northwest. Planning Staff recommends approval of hardcover variances in order to reorient the existing driveway. The applicants should address the need for a sidewalk to the front door, remove encroachments, revise the curb cut pf the driveway, and be required to submit an updated survey reflecting the changes prior to City Council review. Thiesse asked if there will be adequate room to turn around in the applicants' driveway. Curtis stated that should be looked at more closely. The requirement for a side load garage is 15 feet from a garage door and it may need to be lengthened somewhat to allow for better maneuverability. Leskinen stated it appears that the end-load garage is cut into the grade and quite a bit of dirt will need to be removed. Leskinen asked where the dirt will be placed and how that will affect the drainage in the area. Curtis indicated there is a retaining wall in the area but that she is not sure where they will be exporting the material. Page 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Leskinen asked whether the material would need to be exported off the site or whether it can remain on site. Curtis stated it can be taken off the site. Harold Wingerd stated Planner Curtis has described pretty well what they are proposing. The neighbor, Fred Puzak, who has objected to the plan, purchased the property sometime in 2007 or 2008. Since that time eight enormous boulders have been placed near the property line. Curtis displayed an aerial picture and indicated it was taken in either 2009 or 2010. Wingerd stated he also has some pictures depicting the boulders. Currently there are eight boulders in that area. Mr. Puzak has also placed parking dividers all the way around. Wingerd indicated they did access the house previously through a different area and through the arbor. Mr. Puzak has defoliated everything and has placed some boulders in the area. He has also blocked the arbor. The size of the boulders are extremely large and are approximately seven to nine feet in diameter. Mr. Puzak lives down on the point of the peninsula and is at least a football field away from our residence. According to Mr. Puzak's papers, it is approximately 12 lots away from our residence. There is a significant amount of distance between the two homes. Wingerd indicated he drives a Suburban and his wife now drives a Dodge van. They just cannot make the tum into the existing garage doors. In fact, they have had to park on the side of the road. Otherwise their cars would stick out into his easement. Wingerd stated he suggested from day one in the spirit of cooperation that Mr. Puzak drive into his place and they will drive into our place. Unfortunately that has not worked out. Mr. Wingerd noted they have gone through three years oflitigation. Wingerd stated he can only tell the Planning Commission that when they come around that comer, they get a knot in their stomachs as a result of what Mr. Puzak has done. They have contacted a realtor, Jeff Martineau, and would like to sell the property. The realtor suggested that they try this procedure with the Planning Commission to switch the garage doors. Wingerd indicated he was not aware of Staffs recommendations regarding the sidewalks until today but that he does not feel that will be a problem. The sidewalk can be located w here the old garage doors are. As it relates to the turnaround, if it requires a jog, they would be happy to comply. Mr. Puzak has submitted a letter to the City, which Mr. Wingerd indicated he did not receive until this afternoon. They are currently in the midst oflitigation. Wingerd indicated he has spoken with his attorneys about the court orders and they believe we have a meritorious claim. It would have to go to the court of appeals to be resolved since the lawsuit was based on a new statute. Wingerd indicated he would prefer not to do that since they have already spent into six figures on attorney fees. What they are proposing is substantially easier for us and better for the City. Mr. Puzak states in his letter that the Long lake Fire Department is on record voicing concern regarding the passage of emergency vehicles. They have been on record because of the rocks and a post near the boulders. The post is eight by eight. Wingerd stated in his view it is somewhat disingenuous to blame them for that situation. The width of the current asphalt is roughly 12 to 13 feet. They do have to occasionally park up in this area but they try to park off the asphalt to allow other cars to come in and out. Page 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Mr. Puzak also indicates that we have failed to observe the full width of the easement. In discovery during litigation, Mr. Puzak only indicates there were two times when he could not get through. Mr. Puzak only lives there two and a half months out of the year. One of the times when he could not get through was when he showed up unexpectedly on New Year's Eve. Mr. Wingerd indicated they were out of the country and their children were at the residence. Mr. Wingerd stated in his view it is disingenuous for him to make that claim. Mr. Puzak also indicates that they could basically purchase that lot or lots from him. Mr. Puzak has cut down two enormous cottonwood trees, one was 48 inches across and another one that was 36 inches across. He has completely defoliated the adjoining lot and it looks like somewhat has poured gas on the site. The rocks that are along the lake have also been marked. Wingerd indicated he will not let his two-year old grandson in that area because of fear of contaminants. Wingerd indicated he has no objection to doing the minor things, such as the sidewalk and the turnaround jog or whatever Staff recommends. Schoenzeit stated those items would need to be formally recorded in a survey prior to going to City Council. Winder indicated that in addition, Mr. Puzak has indicated in his letter that Mr. Gronberg did not put the easement in the survey, which to his knowledge is depicted on the survey. Curtis stated to her understanding Mr. Puzak was referencing the blue triangular easement that was depicted in an earlier survey. Curtis noted she drew that easement on the overhead for illustrative purposes. Schoenzeit commented there might be multiple easements. Winger indicated they are willing to respect his easement and leave him alone. Levang asked the applicant to explain where his land is and where the easement is. Levang noted she did visit the property today and that Mrs. Wingerd had explained that Mr. Puzak has to travel approximately 60 feet across their driveway to get to his easement and that the Wingerds have never denied him that 60 feet even though he does not have an official easement over that 60 feet. Winger indicated she is referring to this area here. Levang asked Mr. Wingerd to point out the location of the official easement. Curtis indicated it is the pink and blue lines. Schoenzeit asked if there are any requirements that that area has to be paved. Curtis indicated she does not have any details on that easement since it was recorded in 1948. Wingerd stated the easement has been used by everyone for as long as he can remember. Schoenzeit asked how the Planning Commission can require the removal of pavement pending litigation. Page 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Curtis stated this application was discussed with the City Attorney prior to drafting the report and that the width of the driveway access and the applicant's proposal should not restrict further than the existing roadway. The paved area does not impede the access for Mr. Puzak and it becomes a private matter and not a land use issue at that point. Gaffron noted Puzak does not need any easement over that lot since he is the owner of it. The piece that is being asked to be removed is all within the Wingerds' property. The City Attorney stated he has the right to travel across this particular piece of property and the fire and police department do not feel it is necessary to widen it any wider than the existing road. Gaffron stated Staff is comfortable requiring removal of the portion that is within the easement. Schoenzeit asked whether there are any issues with snow removal. Gaffron stated Public Works has dealt with plowing this for a number of years. Wingerd stated when they plow, they push the snow towards the lake. All of this area was class five rock until approximately three years ago when it was paved. Chair Schoenzeit opened the public hearing at 8:03 p.m. Frederick Puzak, 1340 Baldur Park Road, stated to clarify the matter of the easement, his easement was adjudicated as the area depicted in blue on the drawing, which was previously shown on the survey that was submitted for the construction of their garage. The Benson survey shows the proposed garage and it also indicates easement per document 2513998, which is shaded in blue. Puzak indicated everyone has been aware of the easement for quite some time. Puzak asked why the Wingerds were allowed to build within 9.3 feet of the lot line. Schoenzeit noted it is an existing structure. Puzak noted it was built in 2005. Curtis stated it was supposed to be 10 feet but there was no as-build survey required at that time. Puzak displayed the City's minimum driveway standards. For a side loading garage, it requires a minimum 20 feet. Puzak indicated it is his understanding there is an additional five foot setback required for hardcover, which would have required a 25-foot setback, which for some reason did not occur. Schoenzeit stated the purpose of tonight's hearing is for the Planning Commission to look at options to help the Wingerds gain access to their garage Puzak stated there were a number of factual inaccuracies in Mr. Wingerd's statements that he could rebut, but that he would propose that Baldur Park Road be extended over Lot 21. The new owners have indicated they would like to sell their property. The new owners could pick up the balance of Lot 21 and Lot 22, thus creating a legally conforming half acre lot in the LR-1 C zoning district. By extending the road in such a manner, the City would also have a place to push the snow on the west side of the road. The new owner of Lot 20 could own everything to the east. This would be a win/win situation. Mr. Page 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Puzak indicated he would get free access to his house, the Wingerds would get a legally conforming half acre lot with an extra 100 feet oflakeshore, and the city would get a place to put their snow. Schoenzeit asked ifhe brought that proposal to build the road to the City. Curtis indicated the road as proposed would be located in a wet land. Gaffron stated the green area depicted on the picture defines a delineated native wetland boundary. In the upper left of the drawing, 50 feet inland from that is a boundary for a 50-foot required buffer and another 20-foot setback for buildings. Mr. Puzak and the City had discussed this option at least once in the past and also perhaps with the previous owner. If the City is looking at continuing the road and angling it up towards the existing driveway, there would be impacts on the wetland and new hardcover within 75 feet of the lake. There is also an existing sewer manhole that is currently outside the travel area that would be impacted and the need to remove a number of trees greater than six inches in diameter. Gaffron indicated they looked at all these items two or three years ago. Gaffron stated the City does need a paved area for storage of snow. Storm water management would also need to be addressed. At one point the City considered doing a cul-de-sac in the area, which would require land from Mr. Puzak and would also require some storm water items be addressed as well as dedication of a formal easement. Gaffron commented there are many pieces that would have to fall together to make what Mr. Puzak is proposing come together. The City has looked at all these issues in the past and has determined not to go forward with it given the costs and the impact to the wetlands. Fred Puzak stated the proposed road is totally outside the wetland area itself and there would be an actual net reduction in hardcover. The area in pink is either gravel or blacktop, and it is his understanding that traveled gravel is also considered hardcover. By relocating the road, there would be a net reduction in hardcover. Levang asked if the conclusion of Staff was that the City is not interested in relocating the road. Gaffron indicated that is correct. In addition, the neighboring property owners would have to purchase additional land. The City was not interested in having to deal with storm water and wetland issues at that point. This is not an existing problem for Public Works but something that would be nice to have some day in the future. If the Puzak property ever develops, that would be the time when the City requests some of those changes. Puzak stated it is unfair to remove any of his paved driveway. Levang asked whether he paid for the paved driveway. Puzak indicated he did not pay for it but that it is currently paved and that a portion of it was paved by the City. The City extended their blacktop into the Wingerd property or into his easement. Driving over the gravel would make it be considered hardcover, which should be taken seriously by the Planning Commission. Levang asked if this is Mr. Puzak's driveway. Puzak stated he has a valid driveway easement over it. ------------------Page 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Schoenzeit stated there is nothing in the proposal that would prevent Mr. Puzak from gaining access to his property. The role of the Planning Commission tonight is to help the applicants gain access to their garage. Puzak stated the area in blue has been adjudicated to be the valid easement. Schoenzeit stated they are not discussing the easements tonight but they are focused on getting the applicants access to their garage. Puzak stated he does not like the fact that the City allowed the Wingerds to construct a side loading garage in the first place, which is against the City's own standards, and that he does not want any pavement removed from his area. Schoenzeit noted the Planning Commission is looking at the recommendations of the City Engineer and the City Attorney. Thiesse asked whether anyone from Staff has looked at the easement for the blue area and whether that is part of the driveway. Gaffron indicated he does not have those documents in front of him and that they have asked the City Attorney to review those documents. Gaffron stated the City only has a copy of the 1948 easement. Curtis indicated the one she received was the adjudicated acceptance of it and not the actual language of the easement. Gaffron indicated Staff will need to take a look at it. Puzak stated it was included in the e-mail. Schoenzeit stated the question is whether the City has details on what is required to be maintained in that area. Gaffron stated he does not recall seeing anything other than the boundaries of the easement and that the information he has just defines the easement for driveway purposes. Schoenzeit asked whether it is a mixture of blacktop and gravel. Gaffron indicated that is correct. Puzak stated it is a mixture and that to his understanding Orono considers gravel to be hardcover. Schoenzeit asked if it would be a mixture in the future. Puzak stated that some day he would like to pave his driveway rather than have it tom up today and then have to repave it later. The survey shows the portion that has been landscaped within his easement. Puzak requested that the Planning Commission leave what pavement is already in his easement, and that if the Planning Commission does not want to address the extension of the road, it can be kicked down the ------------------· Page 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. road. Puzak stated if they can get on the right track now and head for a long-term solution, that should be what is considered. Schoenzeit indicated that would be outside the scope of what the Planning Commission is considering tonight, but that if he understands Mr. Puzak's comments tonight, he would like to see the pavement remam. Puzak requested the original Gronberg survey be displayed. There are a number of discrepancies in the survey and it does not show the full extent of the easement. It references a secondary easement, which is incorrect. The secondary easement is valid only over Lots 21 and 22. Puzak stated the Planning Commission is talking about blacktop to be removed inside a landscaped area, which would make the hardcover calculation incorrect. Curtis pointed out the area of the landscaping. Curtis stated the arrow is pointing to the extent of the removal, which is on the edge of the proposed new driveway. Puzak indicated that is not correct. The Wingerds are also showing removal of blacktop into his driveway. Puzak stated he is not sure how the Planning Commission can vote on this without a correct survey. Schoenzeit noted the Planning Commission is an advisory body to the City Council and that the applicant must submit a complete and correct survey prior to moving to the City Council. Puzak commented he would hope they would do so. Puzak asked whether everyone is supposed to receive a mailer regarding this application. Curtis stated a postcard is mailed out to the adjoining property owners. Schoenzeit stated the City receives a list from Hennepin County based on tax records. The City then takes that list and mails the notice to the appropriate property owners. Puzak stated he is the landowner ofrecord and he did not receive notice of tonight's hearing. Curtis indicated the notice would have been sent to 440 West Arm Road East, Spring Park, Minnesota, under the name of 1350 Baldur, LLC. Puzak stated according to the list he should have been mailed four of them. Curtis indicated the City would have only mailed one since the duplicates are removed. Puzak stated he would like to see an affidavit of mailing since he did not receive any. Curtis noted they do have an affidavit of mailing. Puzak stated he would like to receive future notices. Schoenzeit stated Staff strives to ensure accuracy of the notices and Staff can provide that affidavit to Mr. Puzak. Page 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Schoenzeit encouraged Mr. Puzak to work with Staff on that item. Chair Schoenzeit closed the public hearing at 8:22 p.m. Wingerd noted this is a flower garden area and has always been a flower garden. Wingerd indicated he did not know anything of Mr. Puzak's plans that he raised here tonight. Wingerd stated he would presume that Mr. Gronberg is well known to this Commission and that he feels his reputation speaks for itself. Schoenzeit stated accurate surveys take a number of revisions and that the burden is on the applicant to do the due diligence necessary to make it complete. Wingerd stated they thought they had completed an accurate survey. Wingerd noted they had also erected a sign in their yard next to the roadway the first few days regarding their application and every morning it was knocked over. It has since been relocated to the middle of their yard. Mr. Puzak did have notice of the application. Schoenzeit encouraged Mr. Puzak to work with Staff to see the City's elaborate, detailed accurate notification process. Schoenzeit stated the focus of the Planning Commission is to help the applicant with their practical difficulty in how to access their garage. The applicant will need to submit an accurate survey. If the blue survey lines have information that prevents this from going forward, the City needs that information. Mrs. Wingerd stated they have had a complete survey done within the past few years. Schoenzeit stated the survey would need to reflect all easements, including utility easements and sewer easements. The surveyor will need to dig through all the public records to include the layers of missing information. With respect to Mr. Puzak, it is important that the applicant's survey contains that information. Based on what has been presented to the City, the survey appears to be incomplete and insufficient to go to the City Council. Schoenzeit stated the applicants will need to make sure that all the information is available so everyone has all the facts. Levang asked whether Staff is asking for the applicants to submit an updated survey reflecting the changes. Levang stated she would like it to be very clear on what the applicants need to do. Curtis indicated the recommendation from Staff would be that the easements that encumber the property regarding access for Mr. Puzak be shown on the survey, the proposed changes to the driveway be depicted, the removal of the hardcover proposed, and modification to the curb cut as well as the sidewalk. Wingerd indicated they will do that. Thiesse stated in his opinion the side loading garage does not allow for adequate space to back the vehicles out of the garage. The easement is for Lot 20 and not Lot 21, so there is not adequate space. Mr. Puzak has indicated he has no interest in the Wingers being on his property, which is his right, but that the applicants need access to their garage. Schoenzeit stated they have a proposal before them that looks promising. Page 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Thiesse encouraged the applicants review the proposed driveway to ensure there is adequate room for them to turn around. Wingerd indicated they will do that and that they have had to make numerous maneuvers in their driveway already due to the rocks. Wingerd indicated he did not know exactly what Mr. Gronberg meant and that Mr. Thiesse's point is well taken regarding the turnaround. Schoenzeit stated the proposal should meet adequate engineering standards to accomplish what they are requesting. Wingerd indicated he will communicate that to Mr. Gronberg. Thiesse stated regarding the hardcover removal, if the original easement is part of a driveway easement, he is not sure how the Planning Commission can request that pavement be removed. If the 12-foot easement is the only portion allowed for the driveway, then Mr. Puzak needs to understand that if it is not an easement and it is located on the Wingerd property, they have the right to remove it. Curtis stated it is her understanding that what is being proposed to be removed is on the applicants' property. Gaffron stated Staff will need to ask the City Attorney to define whether or not the existing easement prescribes exactly how much hard surface or driving surface within that easement is allowed Mr. Puzak. If there is no definition, somebody will need to decide whether or not the hardcover that is excess in the minds of various entities can be removed or not. Landgraver requested that the hardcover that is proposed to be removed be highlighted on the overhead. Curtis stated there is currently hardcover in front of the garage. Curtis illustrated on the overhead the areas of existing hardcover and the areas the applicant is proposing to remove. Schoenzeit commented other than the fact that the Planning Commission does not like hardcover, removal of the excess hardcover seems like it would be a source of ignition and would escalate the issue between the parties. Schoenzeit stated he is less inclined to require removal of the hardcover until some higher authority determines exactly what should be removed. Curtis suggested the applicant only remove the hardcover up to the pink line. Thiesse stated that seems reasonable but that the hardcover should not be removed from the easement. Schoenzeit stated in order to move this application forward and not escalate the situation, the Planning Commission should allow the new side loading garage and allow the additional hardcover to access the garage, but that their recommendation should not include the removal of any hardcover located within the easement area. Curtis asked if that would be within the entire blue area. Schoenzeit stated that would apply to either the blue and pink area, but that the applicant can add sufficient hardcover in order to access his new garage. Page 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Curtis stated the hardcover in that area may never be removed then. Schoenzeit stated in his view there is not enough square feet of hardcover that would be removed that would help the lake and which would warrant causing additional fighting between the parties. Schoenzeit stated his recommendation would include no removal of hardcover and adding sufficient hardcover to access the garage. Levang commented she does not agree with the recommendation of Chair Schoenzeit since it is a fair amount of hardcover. The hardcover detracts from the home. The applicants will have a different side loading garage and then a big area of blacktop that serves no purpose. Levang stated the applicants will also need a sidewalk so something will need to be removed. Levang stated in her view it is detrimental to the homeowner and that she would not agree with that. Levang stated she is fine with the hardcover removal up to the pink line and that the City should get the county attorney to weigh in on this prior to it going before the City Council. Levang indicated she is happy to make a motion saying pending recommendation or approval by the county attorney. If the Planning Commission does not say anything now, the hardcover removal will likely not occur. Thiesse stated he would agree with removal of hardcover within the purple line. Gaffron illustrated the area that would be removed. Schoenzeit asked whether the City Attorney has already confirmed the removal. Gaffron indicated Staff can verify that with the City Attorney again. Gaffron stated one question that has not been asked is who put the hardcover there in the first place, and that in his opinion it was probably the Wingerds or their predecessors. Gaffron concurred the City Attorneys should make a recommendation on this application. Levang asked how Council Member Printup feels about this application. Printup stated he is in agreement with what Commissioner Levang has stated but that he has a concern with satisfying the applicant and thereby cause further acceleration of the problem. Printup stated it sounds like the applicant is dealing with the area between the pink line and the blue line and that he is going to pursue that since it is his easement. Schoenzeit stated as it relates to hardcover, the Planning Commission should follow the recommendation of the City Attorney. Levang asked how Staff feels about that approach. Curtis stated she is wondering how to direct the applicant as it relates to his survey revision. The City Attorney has reviewed the application. Curtis stated in her view a compromise would be to leave some of the hardcover within the pink area that is currently shown to be removed and allowing the applicant to remove the remainder of that area. Curtis noted the easement is a private issue between the two property owners and that the land use issue in front of the Commission tonight is to make sure that Mr. Puzak's Page 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. access is not inhibited. The amount to be removed is an area approximately 1 7 feet wide and exceeds the current width of the road. Landgraver stated it sounds like the request is to incorporate that sliver into the hardcover calculation, and then subject to a review of the easements, whether certain hardcover should be maintained. Schoenzeit stated they are going to direct the applicant to create a new survey showing that additional sliver in their hardcover calculations and they are also going to direct the City Attorney to provide an opinion that the correct amount is being removed. Landgraver stated what is unclear is what the language in the blue easement is and what are the requirements. Curtis displayed the blue easement document on the overhead. Schoenzeit stated as long as you have a 12-foot wide path, that would constitute good access and any excess hardcover should be removed. Puzak noted the fire department is already on record requesting 20 feet. Curtis stated she did speak to the police chief and fire chief and that their comments were regarding the restricted access that resulted from the placement of the pole and the boulders. Puzak stated there is more than 12 feet on the existing street and even more if you consider existing gravel. The Uniform Building Code requires 20 feet. Puzak stated he would object to the hearsay that the 12 feet is allowable when it is not. Schoenzeit stated the City attorney has stated that 12 feet is fine. Wingerd stated if it is 20 feet, then everyone further down on Baldur Road is in violation. Schoenzeit moved to recommend approval of Application #11-3520, Harold and Sandra Wingerd, 1376 Baldur Park Road, granting of hardcover variances per staff recommendations, subject to the applicants submitting, prior to the application going to the City Council, a completely updated survey showing sidewalks, adequate and accurate turnarounds, the proposed hardcover for the driveway, including the sliver that is being re-added and what is to be removed, and also subject to the City Attorney confirming from the language contained within the blue easement that the Planning Commission is not requesting more hardcover to be removed than what is allowed. Thiesse asked if the City Attorney should also review whether the hardcover in the purple area is required. Schoenzeit stated the City Attorney should review the hardcover in total for the application versus what should remain. Thiesse seconded the motion. VOTE: Ayes 6, Nays 0. Page 23 CITY OF ORONO 2750 Kelley Parkway PO Box 66 NOTICE OF PLANNING COMMISSION ACTION ZONING FILE: 11-3520 Crystal Bay, MN 55323 952.249.4620 DATE OF NOTICE: August 16, 2011 TO: Harold & Sandra Wingerd 1376 Baldur Park Rd Wayzata, MN 55391 TYPE OF REQUEST: Variance DATE OF MEETING: August 15, 2011 COPIES : Mark Gronberg -via Email The Orono Planning Commission voted on a motion to recommend approval of hardcover variances as requested consistent with the Staff recommendation. Submittal of a revised survey accurately reflecting the driveway/access easements encumbering the property, proposed changes to the driveway and sidewalk meeting the minimum standards (enclosed), proposed removal of hardcover encroachments and revised hardcover calculations are required at least two weeks prior to placement on the City Council agenda . Additionally the area of blacktop removals shown in yellow on the attached site plan should remain. VOTE: 6 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as : Monday, September 12, 2011 This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please contact Planning & Zoning Coordinator, Melanie Curtis at mcurtis@ci.orono .mn .us or 952.249.4627 . 1J !\,A A. f One (21 ), Block One ( 1), Meander line at the North- e Northwesterly on said lin e of said Lot Twenty One (21); aid Lot Twenty One (21) a ,t on the Southeasterly line o f from said Northerly corner; feet to the point of beginning. LAKE MINNETONKA NORTH ARM MEANDER LINE AS .-SHOWN ON THE PL / OF BA\.l)UR PARK ..... Subject: Background 11-3520, Harold & Sandra Wingerd, 1376 Baldur Park Rd, Hardcover Variances Public Hearing Due to the orientation of the Wingerd's property and the garage on their property, a portion of their current access is over the neighboring property. The neighbor to the northwest, Frederick Puzak, has two access easements over the Wingerds' property. The Wingerds previously utilized a portion of Puzak's property to enter their driveway; the Wingerds can no longer use their current access. To solve their access issues the Wingerds are proposing to reorient their garage doors from a side load to an end load and construct a new driveway entirely on their property. The lot has lake on both sides and a very small 75'-250' zone; hardcover variances are necessary in order to do as they propose. The reorientation of the garage doors will allow the applicants to discontinue use of the neighboring property for access. They are requesting to increase hardcover by 127 square feet in the southwest O to 75' zone; reduce hardcover by 38 square feet in the northeast O to 75' zone; and increase hardcover by 218 square feet jn the 75' to 250' zone for a total increase of 307 square feet. Baldur Park Road as it approaches the applicants' property is approximately ±12 feet wide. The applicants are proposing to remove a large blacktop area in front of the garage as it is currently oriented. Some of the blacktop removal is proposed within Puzak's easement resulting in a ±12 wide driveway before it widens out on Puzak's own property. Puzak reviewed the proposed plans and expressed concern regarding the proposed hardcover removals within the area of his easement and emergency vehicle access to his property-he also sent the planning commission a letter regarding this on Thursday which was included in the packet. Staff discussed the issue with Orono's Police Chief and determined that any width in driveway in excess of ±12 feet has no additional emergency access benefit. Staff finds due to the current access arrangement and the property's proximity to the lake, practical difficulties exist. The applicants' plan should be reviewed against what is the minimal increase in hardcover necessary to alleviate the practical difficulty. The proposed configuration of the new driveway as it meets the existing driveway should be revised such that maneuverability is not compromised. The applicants should also revise the plan to address the lack of sidewalk from the driveway to the front door. Code requires a minimal 2-foot wide sidewalk. As part of this application, the applicants should be required to remove any existing sidewalk or hardcover encroachment which extends into the property to the northwest. Staff Recommendation Planning Staff recommends approval of hardcover variances in order to reorient the existing driveway. The applicants should address the need for a sidewalk to the front door, remove encroachments, revise the curb cut of the driveway, and be required to submit an updated survey reflecting the changes prior to City Council review. mu1J Id th €ilnclM tu J nrt?10 ~ Pl{ULf? ~ ~- LAND USE APPLICATION ESCROW AGREEMENT Application .# ( I 3 S Z{) AGREEMENT made this '291 day of JI.A.., L'--f , 20_/ _} , by and between the Cl.TY OF ORONO , a Minnesota municipal corporation ("City") and :f::ha Le{ sj. S::'U"-cl.rzg . VI /1 '2!}Cr ~ [a corporation -optiona~ ("Owners"). Recitals 1. Owner~ have filed Zoning Application # _ _,{'--''I __ -gs 20 formally requesting the City to review plans for V Ml. a..VL CL<") located at I '3 7 v B a--1 cl+vtci:' c"---it , the "Subject Property") as more fully shown and described on Exhibit "A" attached hereto. ~wners request the City to review said plans which requires City approval including ~-~ ~ 3 . The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $ 70D _,_ with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning , engineering, or legal consultant review) or will incur in meeting with the Owners , r~viewi__ng _ the plans, and preparing agenda packet material for City Council review of application # l I -'::>CS Z--V . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning and subdivision application . 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs , the City will in turn send a bill to the Owners . Owners shall be responsible for payment to the City within 30 days of the Owners ' receipt of bill. · 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred . 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any , shall be returned to the Owners when the review has been completed . 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance tci the subject property pursuant to Minn . Stat. §§ 415.01 and 366.012. OWNERS: By: s ~. (~j ,:~~~ I~ ~ ~ ~ By: rm~ l ) ~ CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- PERMIT NO.: 2011-00757 DATE ISSUED: 07/29/2011 952 249-4600 FAX: 952 249 -4616 ADDRESS PIN LEGALDESC PERMIT TYPE PROPERTY TYPE CONSTRUCTION TYPE 1376 BALDUR PARK RD 08-117-23-31-0005 BALDURPARK LOT 000 BLOCK 001 ESCROW FEE -APPLICANT RESIDENTIAL ESCROW FEE -APPLICANT NOTE: THIS $700 ESCROW IS TIED TO LAND USE APPLICATION #11-3520 APPLICANT WINGERD, HAROLD 1376 BALDUR PARK RD WAYZATA, MN 55391- OWNER WINGERD,HAROLD 1376BALDURPARKRD WAYZATA, MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plan s and specifications, app licable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein . This permit will expire and b·ecome null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced . The applicant is responsible for ass uring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause . I I Applicant Permitee Signature Date ESCROW FEE -APPLICANT ESCROW FEE -DEVELOPER TOTAL Issued By Signature SEP ARA TE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE . I I Date 700.00 0.00 700 .00 Harold & Sandra Wingerd 1376 Baldur Park Rd Wayzata, MN 55391 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application # 11-3520 CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for variance for property located at 1376 Baldur Park Rd. Below is a list of items the City of Orono is requesting to complete our review: I I oo.oD PflV ✓ $700 escrow -This project requires submittal of an application escrow in the amount of..$2,500. Please complete the enclosed escrow agreement and submit along with a check for the escrow. ✓ Please provide me with your email address (or fax number) so I may expedite my communications with you. Application #11-3520 is incomplete. If you wish to proceed with your application please submit the items requested above by August 1, at 10 AM in order to remain on the August 15, 2011 Planning Commission agenda. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us should you have any questions. Sincerely, City of Orono Melanie Curtis Planning & Zoning Coordinator c: Mark Gronberg-Via Email Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us STATE OF MINNESOTA HE~'NEPIN COUNTY Sandra Benson Wingerd and Harold:. Wingerd, Plaintiffs, VS. 13 50 Baldur, LLC, a Minnesota Limited Liability company, and Frederick Puzak, Defendants. DISTRICT COURT FOURTH JUDICIAL DISTRICT Court File No. 27-cv-08-23042 AMENDED ORDER This matter came on for a hearing before the Honorable Cara Lee Neville on January 13, 2009, upon Defendant's Motion for Partial Summary Judgment. Adam W. Heaton, Esq., appeared on behalf of Plaintiff. Joseph S. Lawder, Esq., appeared on behalf of Defendant By letter dated April 15, 2009, Attorney Patrick Compton indicated that the Court's Order misstated the recording number for the 1848 Deed. There were no other submissions to the Court. Based upon all the files, records and proceedings herein, and the arguments of counsel, the Court hereby makes the following AMENDED ORDER: 1. Defendant's Motion for Partial Summary Judgment is GRANTED. 2. The Court Declares a current and legally valid appurtenant easement for the benefit of ·--~...__........., ___ _ Lots 21-33, and burdenino Lot 20, Block 1, Baldur Park, Hennepin County, Minnesota, with the dimensions defined in the Deed to title of May 24, 1948, recorded with the Hennepin County Clerk and Recorder as Document No. 2513998, and attached herein. 3. The Court hereby enjoins Plaintiffs, their agents, and assigns, from interfering with Defendants' use of the Driveway Easement to access and enjoy the properties benefited by such easement. 4. The memorandum attached to this Court's Order dated April 12, 2009 is hereby amended to reflect the correct recording number for the 1948 Deed, which is "2513998," not "251998." LET JUDGMENT BE ENTERED ACCORDINGLY ~.\// !' 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