HomeMy WebLinkAboutProject PacketORONO CITY COUNCIL MEETING
MONDAY, NOVEMBER 25, 2002
6. #02-2840 Da/z/strom Development LLC, "2550" Wayzata Boulevard West-
General Development Plan Review-Continued
considered. He stated they do not have the same per-unit costs as single-family homes
that are being built. The people they will attract in the development will not be heavy
park users as they will not be families with children.
Sansevere stated plenty of applicants have claimed that they wouldn't be using the parks,
but still were not exempt from the fees .
McDermott stated that they have ambitious plans for the trails in that area and want them
to connect to surrounding parks.
White asked if 8% was the norm, and if that developer was being treated differently. He
suggested Council discuss it at a work session.
Steve Johnston stated that regarding the trunk fees, their site is larger than the dental
office, but their rate per acre is the same. He stated the fees should be applied toward
their construction costs of the trunk drainage system.
White and Mayor Peterson agreed Council should discuss the fees at a work session.
Gaffron stated they would provide additional plans regarding the engineering issues . He
also had copies of the covenants available to bring to the work session.
White questioned the commercial piece of the development on Willow and Highway 12.
Steve Johnston stated that the project was not dependent on the commercial area and they
could proceed with construction as soon as possible.
No action was taken.
*7. #02-2834 Robert and Julie Wiens, 1425 Bay Ridge Road-Conditional Use
Permit-Resolution No. 4893
\Vhite moved, and Murphy seconded, to adopt Resolution No. 4893 granting a
conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to
permit in excess of 500 cubic yards of fill to be brought onto subject property for the
purpose of constructing a berm along the northern border along North Shore Drive.
Vote: Ayes 5, Nays 0.
9
OLD BUSINESS
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 18, 2002
6:30 o'clock p.m.
(#4) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD,
CONDITIONAL USE PERMIT 6:35 -6:55 P.M.
Robert Wiens, Applicant, was present.
Gaffron reported that after being tabled at the October 21, 2002 Planning Commission
meeting, the applicant made changes to the proposal and met with the City Engineer and
Public Works Director. The new plan indicates a berm to be constructed on the property
that will have the following characteristics:
• Grade changes are 5' or more from the lot lines
• a 3:1 slope
• the toe of the slope would be at the sewer force main
• will range in height from 4' to 8' and in width from 20' to 50'
G affron explained that the property owner had requested a conditional use permit to
permit land alteration on the property over 500 cubic yards. The revised plan is estimated
to require 1500-2000 yards, which would mean approximately 160 + truckloads would be
delivered to the site. As Bay Ridge Road is a private road and the number of trucks
hauling is a concern, the applicant has agreed that the trucks would drive to the site, drop
their fill, and back-up or pull out onto North Shore Drive to Brown Road. The trucks
would not be using Bay Ridge Road.
Although a number of neighbors had expressed their concern about the berm at the
October meeting, Gaffron indicated that it should be noted that; the only neighboring
property whose lake views are protected is the residence to the south, which would not be
impacted; in the 2 and 5 acre zones, it would not be a violation to leave the berm
unmowed if the applicant so chose, unless it generated complaints; the applicant intends
to maintain the buffer of trees along the north boundary of the site; and the neighborhood
drainage pattern would not be negatively impacted by the berm.
Gaffron noted that staff recommends approval subject to five conditions identified in the
staff report, which include the need for a land alteration permit, an erosion control permit
from the MCWD, installation of silt fencing, providing a route map to the City, and re-
establishing vegetation immediately upon completion of the finished grade.
Chair Smith asked when immediately was referring to.
Gaffron pointed out that, most likely, the revegetation would occur in the spring,
however, erosion control methods could be put into place now.
PAGE 2 of29
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 18, 2002
6:30 o'clock p.m.
(#4) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD,
Continued)
Wiens stated that he had already obtained the MCWD permit and installed the required
erosion control fencing.
Chair Smith inquired as to how the dialogue with the neighbors had progressed.
Wiens indicated that he had met with and spoken to several neighbors and that the issues
had been resolved.
J:.,orraine Kaley, 1395 Brown Road South, stated that after the last meeting she went over
to the applicants residence to judge for herself the impact the headlights had on their
property at night. She agreed that the Wiens were greatly impacted by light, especially
since some of the trees are dying out at the bottom. Mrs. Kaley stated that she had no
objections to the Wiens proposal and encourage them to construct the berm.
Fritzler indicated that he had concern with regard to the number of trucks backing out
onto North Shore Drive and suggested the trucks pull straight out onto the roadway. He
also questioned who would be responsible for cleaning up any spillage that gets on the
roadway as the trucks are coming and going.
Wiens stated that he would take responsibility for cleaning up after the trucks and agreed
that the trucks should be able to pull straight out of the site onto North Shore Drive.
Chair Smith asked what sort oftimeline the applicant was working with.
Wiens indicated that the whole project was projected to take merely two days.
Rahn questioned whether he or a project manager would be present.
Wiens stated that either he, or the foreman, would be directing the trucks as per the plan.
Although the applicant had answered the neighbors concerns, Rahn maintained that some
of their gripes were warranted given the condition of two other berms in the area. He
believed the neighbors had the right to worry and question the applicant's intent at this
location and asked what could be done to improve the other sites.
Gaffron stated that the code does little to address the maintenance of berms, however, the
City could send out letters requesting they be mowed or maintained. Gaffron pointed out
that, in the 2 and 5-acre zones, residents cannot be expected to mow their entire parcels.
PAGE 3 of29
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 18, 2002
6:30 o'clock p.m.
(#4) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD,
Continued
Rahn moved, Hawn seconded, to recommend approval of Application #02-2834, a
Conditional Use Permit for land alteration of greater than 500 cubic yards, subject
to the five conditions as noted in the staff report dated November 15, 2002. VOTE:
Ayes 6, Nays 0.
NEW BUSINESS
(#5) #02-2846 LOREN PELLETT, 4753 NORTH SHORE DRIVE, VACATION
6:55 -7:05 P.M.
Loren Pellett, Applicant, was present.
Bottenberg explained that the applicant was seeking approval to vacate 50' of that portion
of the unimproved right-of-way of Lake Street at the shoreline of his property. The r.o.w
was originally dedicated in the plat of Bergquist and Wicklund's Park in 1888 . Lake
Street is an unimproved street right of way running along the shoreline of Lake
Minnetonka from east to west that currently varies from 17' to 21' in width. Bottenberg
pointed out that Lake Street serves no public use and conversations with the public utility
representatives indicates they have no problem with vacating.
Bottenberg pointed out that the City has determined, in the past, that vacation may be
appropriate when:
• the vacation does not affect access to or use of any adjoining property
• the City does not intend to improve, develop, or use the dedicated r.o .w as road
• the dedicated r.o .w serves no public purpose
Bottenberg stated that in staffs opinion, these three conditions are applicable to the
segment of Lake Street right-of-way adjacent to the property, therefore, staff
recommends approval of the vacation application as proposed.
Mr. Pellett stated that when he bought the lot, he bought it as lake property, and would
like to ensure this by adding the parcel to his property and correcting any inconsistencies
that have occurred on various records.
There were no public comments.
PAGE4 of29
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
(#3) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD,
CONDITIONAL USE PERMIT 6:35 -7:20 P.M.
Robert Wiens, the Applicant, was present.
As the item was removed from the consent agenda, Chair Smith asked for public comment.
Norma Godfrey, 2060 North Shore Drive, questioned the appearance of the proposed berm and
what a 3: 1 slope would look like. She was concerned about the preservation of a large row of
pine trees which screens her property from the applicants and wondered if the berm would be
maintained on all sides.
Lorraine Kaley, 1395 Brown Road South, indicated that she had many of the same questions as
the first neighbor.
Weinberger explained that the property owner had requested a conditional use permit to permit
land alteration on the property over 500 cubic yards. The project would be to build a berm,
behind the existing row of evergreen trees, along the northern border of the property parallel to
North Shore Drive. The intent of the berm would be to screen traffic noise from North Shore
Drive. Weinberger noted that the proposed berm would be approximately 8' at the highest point
and curve around as shown on the survey. The existing row of smaller evergreens would be
removed and replanted on the berm. He pointed out that the berm and plantings would have no
impact on traffic sight-lines and would appear to have no negative impacts on site drainage.
Weinberger stated that according to the City Engineer, since the property was two lots combined
in 1995 and the portion of the lot where the proposed berm would fall was vacant, there is
merely a sewer stub on the property with nothing connected to it. Weinberger added that the
design was done by an engineer and reviewed by the City Engineer who had no negative
comments or concerns. He stated that the widest width of the berm at 8' tall could be potentially
48' and still would not impact the stand of tall evergreen trees it would be located behind.
Chair Smith reminded the applicant and Commission that the slope must not exceed a 3: 1.
Mabusth added that the manhole must be located and marked.
Gaffron indicated that the contours of the design were misleading, and based upon his
calculations the plan reflected a mere l' scale versus the normal 2'. He questioned whether the
design reflected a 4' or 8' high berm at its peak.
Wiens stated that he believed the design reflected a 6' or 8' high peak, however, indicated his
willingness to redesign the plan in order to address neighbors concerns.
Chair Smith felt it was necessary to determine the true height of the berm with and/or without
trees.
Page2
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
(#3) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD, Continued
With 6-8' high berm and peaks in the middle and on the ends, Wiens stated that it was his desire
to cut down on the amount of traffic noise he was exposed to .
Weinberger agreed with Gaffron that the plan provided to the City looks to be indicative of
merely 4' high berm peaks.
Wiens stated that the plans were incorrect if they reflect a 4' berm.
Bremer stated that the applicant's summary refers to an 8' high berm.
Weinberger noted that, if the scale is 1 ', the berm would be required to be far wider than 20'.
In order to maintain a 3: 1 slope, Gaffron pointed out that the base would need to be twice as
wide.
Rahn felt the Commission would need to be supplied with a new drawing.
Wiens questioned whether he could proceed with this drawing.
Norma Godfrey maintained that the highest center point of the berm would fall directly across
the street from her residence and she was concerned about having to view a big pile of dirt, as in
other locations in the neighborhood .
Wiens stated that it was his desire to construct a berm and he was willing to work with the
neighbors to do so.
Chair Smith pointed out that the applicant had agreed to accept the 4' high berm in order to move
the application forward, and she questioned whether this lower berm would satisfy the neighbors.
Mrs. Erickson, located across the street on Highway 51, cautioned the applicant that a mere 4'
high berm would do little to eliminate the noise issue. She stated that in order to adjust the noise
level, the applicant would need to construct a much higher berm, hopefully not at the expense of
the large row of evergreens on the property.
Wiens stated that the row of evergreens do provide a fair amount of blockage.
Lyle Godfrey, 2060 North Shore Drive, indicated that his questions pertained to the height of the
berm and how the evergreen treeline would be protected. He encouraged the applicant to use
Bay Ridge Road for the truck traffic.
Wiens stated that he wished to eliminate the light reflecting off the road and enhance the look of
his property in the process.
Page 3
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
(#3) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD, Continued
Lyle Godfrey stated that, as long as the berm was maintained, he had no problem with the
application.
Chair Smith encouraged the applicant to give careful consideration to whether he believed a 4'
berm would help with the sound problem. She asked for staffs opinion.
Gaffron indicated that a 4-5' high berm would not have a huge impact on the noise level and
suggested Mr. Wiens consider additional evergreens . Gaffron stated that a denser row of pine
trees would do more to lessen the impact of noise than this berm.
Mrs. Kaley, 1395 Brown Road South, questioned what the applicant would plant on the berm,
since her views would be impacted. She indicated that the proposed curve of the berm near Bay
Bridge Road would block her views of the lake.
Wiens stated that no matter what he proposed in order to improve his current street views, it
would impact Mrs. Kaley's views. Wiens maintained that he has gone to great lengths to
improve his property since moving in and would strive to beautify the project, planting
evergreens atop the berm, surrounded by prairie grass and wildflowers, under the trees.
Rahn questioned whether the applicant could truly accept a 4' high berm, when what he was
expecting was an 8' high berm.
Wiens expressed his desire to move the project forward.
Mrs. Kaley reiterated that the row of pines along the top of the berm would impact her views.
Wiens stated that he must do something and again, would be willing to work towards a
compromise with the neighbors .
Mabusth empathized, stating that she could see his goal was to improve his screen both visually
and for noise control.
Wiens stated that the existing trees would block 70-80% of Mrs. Kaley's views of the proposed
berm.
Hawn stated that she was unclear what the issue with the neighbors was, since the trees would
block most of the berm and the applicant has expressed his willingness to work with them.
Wiens stated that there are a number of things he could propose, including building structure
rather than berm, however he has chosen to construct and beautify his property with the berm
and plantings. Wiens stated that he had no idea he would be faced with opposition from his
neighbors when he proposed this application and was willing to try to work with them, but
Page 4
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
(#3) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD, Continued
reminded them he could still go through the proper channels to construct something much more
obtrusive than he has here.
Hawn reiterated that Mr. Wiens has the right to do what he can to improve his property. She
indicated that she was struggling to see how this could be a problem to the neighbors when it
would be mostly blocked anyway.
Chair Smith complimented the applicant on his willingness to cooperate with the neighbors and
stated that, in reality, he could even remove the large row of pine trees on his property ifhe
chose to. She indicated that instead he is proposing to improve his property.
Rahn stated that, short of the berm issue, the applicant could plant rows of trees along and
around the curve without the City's permission.
Godfrey questioned whether he could continue to come back to the City to request additional fill.
Gaffron stated that the City code does not talk about a maximum per year, but a limit could be
even further defined in the motion.
Wiens stated that he wished to do the project right and invited everyone to come take a look at
his work.
Chair Smith suggested the applicant consider either tabling his application in order to work with
the neighbors, or moving it forward as the application exists currently.
Wiens stated that he preferred to move forward sooner than later and asked for further
discussion.
Mabusth asked how many cubic yards of fill the Commission was being asked to approve at this
time.
Wiens stated that application is for 1500-2000 cubic yards of fill.
Gaffron pointed out that 700 cubic yards of fill would provide a 4' high berm.
Hawn suggested they design a motion that defines the fill as the amount required to obtain a 4'
high berm and not identify a certain number.
While he had hoped to proceed, Wiens stated that he had also hoped for a higher berm along
County Road 15 than the 4' in this proposal. He indicated that he would go back to his engineer
in order for him to redesign the plan. Wiens felt he could stay within the 500 cubic yard
allowance and still construct an 8' berm along County Road 15 and then return next month with
Page 5
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
(#3) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD, Continued
a different proposal for the rest of the landscaping . He asked the Commission to table his
application.
Hawn moved, Chair Smith seconded, to table Application #02-2834, Robert and Julie
Wiens, 1425 Bay Ridge Road, tabling the applicants request for a Conditional Use Permit
for the purpose of redesigning the proposal. VOTE: Ayes 7, Nays 0.
OLD BUSINESS
(#6) #02-2823 RONALD CLOUD, 3460 NORTH SHORE DRIVE, VARIANCES 7:21 -
8:07 P.1\:1.
Ronald Cloud, the Applicant, was present.
Weinberger explained that the applicant has agreed to revise his application to reflect his request
to simply replace the previous 8' X 10' deck, with the only addition being that a stairway access
be allowed off the deck. Weinberger noted that the applicant has withdrawn his request for a
three season porch.
With just the replacement of the previous deck, Chair Smith noted that the applicant still is over
his structural limit of 15%. She asked if the stairway would run off the front or side of the deck.
Cloud noted that the stairway would need to head towards the lake in order to avoid any side
yard encroachment issues . As an ex-firefighter, Cloud pointed out that the home is supposed to
have two exit accesses, which it does not currently have, and he felt the stairway access was a
safety concern.
Mabusth agreed with the safety issue and believed that the deck should have stairway access.
Hawn asked if the City was clear on the original size of the deck.
Cloud pointed out that the original deck was 2' larger due to the overhang and did not have
access stairs.
Chair Smith asked about the removal of the lakeside shed.
Since the structural coverage exceeds the 15% allowance, Mabusth reiterated that this is a key
issue with regard to this property. She indicated that the Commission is looking for a trade off.
Since many things have been stolen in the past near the lakeshore, Cloud indicated that he uses
the shed for storage. He indicated that he had no problem with its removal but questioned where
he could keep his possessions lakeside. Cloud felt he had gone to a great deal of trouble to
Page 6
Application Deadline: 09/28/02
60 Day Deadline: 11/26/02
REQUEST FOR COUNCIL ACTION
Department Approval:
Name: Wendy Bottenberg
Title: Zoning Administrator
Item Description: #02-2834 Robert Wiens
Exhibits:
A Resolution
1425 Bay Ridge Road
Conditional Use Permit
B Staff Report and exhibits of 11/18/02
Pertinent Code Section:
Conditional Use Permit Required (Section 10.03, Subdivision 19):
DATE:
ITEMNO. 7
Agenda Section: Zoning
A conditional use permit is required for land alteration of greater than 500 cubic yards. The property
is located within a shoreland area. The CUP allows the City to notify surrounding property owners
and requires City Council approval for such proposed projects .
Application Summary:
This application was tabled at the October 21, 2002 Planning Commission meeting. The applicant
has made changes to the proposal and met with the City Engineer and Public Works Director. The
new plan indicates a berm to be constructed on the property that will have the following
characteristics:
• grade changes are 5' or more from the lot lines.
• a 3: 1 slope.
• the toe of the slope will be at the sewer force main.
• will range in height from 4' to 8 ' and in width from 20' to 50'.
Conditional Use Permit Required (Section 10.03, Subdivision 19):
A conditional use permit is required for land alteration of greater than 500 cubic yards. The revised
plan is estimated to require 1500-2000 yards. The property is located within a shoreland area. The
CUP allows the City to notify surrounding property owners and requires City Council approval for
such proposed projects.
Land Alteration and Transporting the fill to the Site:
2,000 cubic yards of fill can be measured by the number of truck loads that will be required to
transport the material to the site. A typical truck can haul between 10 to 15 yards of fill. That would
mean a total of approximately 160+ truck loads would be delivered to the site. The access route to
the property will be down Brown Road to Bay Ridge Road . Bay Ridge Road is a private road and
the number of trucks hauling is a concern . The subject property is at the beginning of Bay Ridge
Road . The trucks will drive to the site, drop the fill and back out onto North Shore Drive to Brown
Road. The trucks will not be driving up and down Bay Ridge Road.
Engineer/Public Works Comments:
The City Engineer and Public Works Director have met with the applicant and reviewed the new
plan. Neither have any issues or concerns with the redesign.
PLANNING COMMISSION:
Planning Commission recommended by a 6 to O vote to:
Approve application as presented.
STAFF RECOMMENDATION:
Staff recommends approval with the following conditions:
1. The applicants must obtain a land alteration permit from the city prior to hauling fill
to the site.
2. The applicants must obtain a Minnehaha Creek Watershed District erosion control
permit prior to commencing the project. .
3. Erosion control measures shall be taken by installing a silt fence around the
construction area as shown on the revised plan upon receiving permit from City and
MCWD.
4. A route map shall be provided to the city prior to the start of construction showing
which county/city streets are to be used. Direct access to the site shall be from Bay
Ridge Road, not from County Road 51.
5. Berm must have vegetation re-established immediately upon finished grading .
6. Applicant will be responsible for immediate public roadway cleanup upon city
request should the need arise as a result of the hauling.
To approve the enclosed resolution.
COUNCIL ACTION REQUESTED:
To adopt or amend the enclosed resolution .
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19,
FILE NO. #02-2834
WHEREAS, Robert Wiens and Julie Wiens (hereinafter "the applicants") are the
owners of the property located at 1425 Bay Ridge Road within the City of Orono (hereinafter "the
City") and legally described as follows:
Tracts A , B , Q and R, Registered Land Survey No. 192, and that part of Tract U ,
Registered Land Survey No . 192 , lying easterly of Hennepin County Road Number
15, and southerly of a line parallel with and 75 feet south of the north line of Tract S
of said Registered Land Survey, Hennepin County, Minnesota, (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for a conditional use permit per
Municipal Zoning Code Section 10.03 , Subdivision 19 to permit in excess of 500 cubic yards of fill
to be brought onto subject property for the purpose of constructing a berm along the northern border
along North Shore Drive.
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes , the Orono Planning
Commission held a public hearing on November 18 , 2002, 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 #02-2834.
2. The property is located in the LR-IA Zoning District, where 2 acres is the minimum
required lot area.
Page 1 of 6
3. The Orono Planning Commission reviewed this application on November 18 , 2002
and recommended approval by a vote of 7 to 0.
4. The Planning Commission made the following findings of fact:
A. Approximately 2 ,000 cubic yards of fill will be brought from off site.
B. Grade changes are 5 ' or more from the lot lines .
C. The toe of the slope will be at the sewer force main and will have no impact on
that main.
D. The berm will be of a 3:1 slope.
E. The berm will range in height from 4' to 8 ' and in width from 20 ' to 50 '.
F. The berm will have no negative neighborhood impacts.
5. The City Council finds that granting a conditional us permit will not be detrimental to
the health , safety or general welfare of the public, would not adversely affect light , air
nor pose a fire hazard or other danger to neighboring properties , nor will its use
depreciate surrounding property values and that the proposed level of use of the
property will be in keeping with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City Staff, comments by
the applicant and the effect of the proposed conditional use permit on the health,
safety and welfare of the community.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings , the Orono City Council hereby grants a
conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit
Page 2 of 6
in excess of 500 cubic yards of fill to be brought onto subject property for the purpose of
constructing a berm along the northern border along North shore Drive. Approval is subject
to the following conditions:
1. Council approval is based on the site plan submitted by the applicant attached to this
resolution as Exhibit A. Any amendments to the site plan may require further
Planning Commission and City Council review.
2 . The applications must obtain a land alteration permit from the city prior to hauling
fill to the site.
3. The applicant must obtain a Minnehaha Creek District Watershed District erosion
control permit prior to commencing the project.
4. Silt fence shall be in place prior to fill or grading activities. Applicants and their
contractors shall follow the "Best Management Practices for Protection of Water
Quality in Urban Areas."
5. A route map shall be provided to the city prior to the start of construction showing
which county/city streets are to be used.
6. Berm shall have vegetation re-established immediately upon finished grading.
7 . Applicant shall be responsible for any necessary public road cleanup immediately
upon City request should the need arise due to hauling activity.
8. Authorities granted by this resolution run with the property not with the applicants ,
but are permissive only and must be exercised by application for a land alteration
permit within one year of the date of Council approval or the special conditions of this
resolution will expire on that date (November 25, 2003).
9. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code , shall automatically terminate
any authority granted herein, and shall be punishable as a misdemeanor.
10. The undersigned applicants have read, understood and hereby agree to the terms of
Page 3 of 6
this resolution and on behalf of themselves , their heirs , successors and assigns ,
hereby agree to the recording of this resolution in the Chain of Title of the property.
Adopted by the Orono City Council on this 25th day of November, 2002 .
ATTEST:
Linda S . Vee , City Clerk
Property Owner ( s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Barbara A. Peterson , Mayor
The foregoing instrument was acknowledged before me on this 25th day of November, 2002
by Barbara A. Peterson , Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me on this day of November,
2002 by Linda S. Vee, City Clerk of the City of Orono , a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
Notary Public
Page 4 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this __ day of ,2002 , personally appeared
before me ,
__ who is personally known to me
__ whose identity I proved on the basis of
__ whose identity I proved on the oath/affirmation of , a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as
his/her/their free act and deed.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
On this_ day of , 2002 , personally appeared
before me ,
__ who is personally known to me
__ whose identity I proved on the basis of
__ whose identity I proved on the oath/affirmation of , a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as
his/her/their free act and deed.
Notary Public
Page 5 of 6
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LEGAL OESCRIPjlON
,:-'r,.,'t'"
TRACTS A, 8, 0 and R, REGISTERED LANO SURVEY NUMBER 192, Hennep in C::ounty, Minnesota,
also that part of TRACT U, REGISTERED LANO SURVEY NUMB~R 192, ty ing e<uterty of Hennepin
. County Road Number 15, and souther1y of a tine parallel wilh and 75.00 feet soulh of the north line
of 'TRACTS or said 'Registered Land Survey .
Subjeel lo driveway easement over TRACT R per Oo~ment Number 569266.
Subject lo gas main easl!:ment per Document Number 883514 .
-o · DeftotC"s Iron 110n\a11Cnt.· _
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TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse , City Administrator
FROM: Wendy Bottenberg, Zoning Administrator/Planner
DATE: November 15, 2002
SUBJECT: #02-2834 Robert Wiens
1425 Bay Ridge Road
Conditional Use Permit -Public Hearing
Zoning District: LR-IA One Family Lakeshore Residential District (2 acre)
List of Exhibits:
A Survey
B Staff report and Exhibits of October 21 , 2002 PC meeting
C Minutes of October 21 , 2002 PC meeting
Application Summary:
This application was tabled at the October 21, 2002 Planning Commission meeting. The applicant
has made changes to the proposal and met with the City Engineer and Public Works Director. The
new plan indicates a berm to be constructed on the property that will have the following
characteristics:
• grade changes are 5 ' or more from the lot lines.
• a 3: 1 slope.
• the toe of the slope will be at the sewer force main.
• will range in height from 4' to 8' and in width from 20' to 50'.
Conditional Use Permit Required (Section 10.03, Subdivision 19):
A conditional use permit is required for land alteration of greater than 500 cubic yards . The revised
plan is estimated to require 1500-2000 yards. The property is located within a shoreland area. The
CUP allows the City to notify surrounding property owners and requires City Council approval for
such proposed projects.
Land Alteration and Transporting the fill to the Site:
2 ,000 cubic yards of fill can be measured by the number of truck loads that will be required to
transport the material to the site. A typical truck can haul between IO to 15 yards of fill. That would
mean a total of approximately 160+ truck loads would be delivered to the site. The access route to
the property will be down Brown Road to Bay Ridge Road. Bay Ridge Road is a private road and
the number of trucks hauling is a concern. The subject property is at the beginning of Bay Ridge
#02-2834 Rob Wiens
1425 Bay Ridge Road
October 11 , 2002
Page I of2
-
Road . The trucks will drive to the site , drop the fill and back out onto North Shore Dri ve to Bro wn
Road . The trucks will not be driving up and down Bay Ridge Road.
Engineer/Public Works Comments:
The City Engineer and Public Works Director have met with the applicant and reviewed the new
plan. Neither have any issues or concerns with the redesign.
Neighborhood Concerns:
At the October PC meeting a number of neighbors expressed concern about the berm and its impacts
on the neighborhood. It should be noted that:
the only neighboring property whose lake views are protected is the residence to the south ,
which will not be impacted.
in the 2-acre and 5-acre zones, allowing the berm to remain unmowed would not be violation
unless it generates complaints that result in City determining it is a public nuisance ....
applicant intends to maintain the buffer of trees along the north boundary of the site .
Neighborhood drainage pattern will not be negatively impact by the berm.
Staff Recommendation:
Staff recommends approval with the following conditions:
1. The applicants must obtain a land alteration permit from the city prior to hauling fill
to the site.
2. The applicants must contact Minnehaha Creek Watershed District for an erosion
control permit.
3. Erosion control measures shall be taken by installing a silt fence around the
construction area as shown on the revised plan upon receiving permit from City and
MCWD.
4 . A route map shall be provided to the city prior to the start of construction showing
which county/city streets are to be used.
5. Berm must have vegetation re-established immediately upon finished grading.
#02-2834 Rob Wiens
1425 Bay Ridge Road
November 15 , 2002
Page 2 of2
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DE:'IIARS · GABRIEL
LASD SURVEYORS, 1:-iC.
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LEGAL DESCRIPTION
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TRACTS A, B, Q and R, REGISTERED LAND SURVEY NUMBER 192, Hennepin <::aunty, M innesota,
also that part of TRACT U, REGISTERED LAND SURVEY NUMBER 192, lying eqster1y of Hennepin
. County Road Number 15, and southerly of a line parallel with and 75.00 feet south of the north line
of 'rRACT S of said Registered Land Survey.
Subject to driveway easement over TRACT R per Do~ument Number 569266.
Subject to gas main easement per Document Number 883614.
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xooo.oo Denotes existing elevation
,..-'..._,.. D~nol.es f'tisting Contour ·-
,........_.,.. Perto~es Propo:s«d C0<>lo<.1r
_-Deno~e:s Drair,aq.,, Paf/er,., r~l:tr". .,. ..._ . ,,.. IZ£V1SED : 11-,-oz
f;i'1, VISED: 11. 4--0'2.
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I he,eby cemfv th1t th is is I tt1.1f and cor,ect representation of a survey of
the bouncJ1r ies of th11bo~, duc,l btd land and of tht loco1t ion of 111 bu•ldings ,
d any . thcuon. 1nd 111 v11 1ble encro1chmtnts, 11 any, from or on u ,d land .
F il e No.
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BAY .P/06"6 ,li!CAO (rRAt:'TS t:1/R),,vt,r ~N("tUDeO 0/,7'1¢.N)
f-'KF. P [.f,[D FOR
TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse , City Administrator
FROM: Wendy Bottenberg, Zoning Administrator/Planner
DATE: October 7, 2002
SUBJECT: #02-28.34 Robert Wiens
1425 Bay Ridge Road
Conditional Use Permit -Public Hearing
Zoning District: LR-IA One Family Lakeshore Residential District (2 acre)
List of Exhibits:
A Application
B Survey
C Engineer Comments
D Sewer Map
E Photo of Property
F Plat Map
G Property Owners Notification List
Conditional Use Permit Required (Section 10.03, Subdivision 19):
A conditional use permit is required for land alteration of greater than 500 cubic yards . The property
is located within a shoreland area. The CUP allows the City to notify surrounding property owners
and requires City Council approval for such proposed projects.
Application Summary:
The property owner has requested a conditional use permit to permit land alteration on the property
over 500 cubic yards . The project will be to build a berm along the northern border of the property
along North Shore Drive. It will be located behind an existing row of large evergreen trees . The
berm will aid additionally to screen traffic noise from North Shore Drive. In September 2002 , the
Building Official issued a land alteration permit allowing 500 cubic yards to be brought onto the
subject property. Approximately 1,500-2,000 cubic yards of additional fill will be required to build
the berm. The applicants are obtaining the fill from projects in Long Lake.
The berm is proposed to be approximately 8 feet at the highest point and will curve as indicated on
the survey (Exhibit B). The applicant has indicated that the berm will be hydro seeded with prairie
grass and 30-40 evergreens will be planted on it. There currently is a row of smaller evergreens
where the berm is proposed to be located. These trees will be moved and upon completion of the
berm will be planted on it. The berm and plantings will have no impact on traffic sight-lines and
would appear to have no negative impacts on site drainage.
#02-2834
1425 Bay Ridge Road
October 11 , 2002
Page I of2
3 6
Land Alteration and Transporting the fill to the Site:
2,000 cubic yards of fill can be measured by the number of truck loads that will be required to
transport the material to the site. A typical truck can haul between 10 to 15 yards of fill. That would
mean a total of approximately 160+ truck loads would be delivered to the site. The access route to
the property will be down Brown Road to Bay Ridge Road. Bay Ridge Road is a private road and
the number of trucks hauling is a concern. The subject property is at the beginning of Bay Ridge
Road. The trucks will drive to the site, drop the fill and back out onto North Shore Drive to Brown
Road. The trucks will not be driving up and down Bay Ridge Road. The applicant has indicated the
neighborhood has a meeting at the end of the month and one of the discussion items is the repaving
of Bay Ridge Road . He would like the fill to be on the property prior to repaving the road.
Engineer Comments:
The City Engineer has reviewed the plans. The comments are attached as Exhibit C.
• Sanitary sewer. The subject property is two lots combined. They have been combined as one
tax parcel since 1995. The parcel on which the berm is proposed to be located has been
vacant. The sewer line runs along the lakeside of the residence. There is a sewer stub for the
vacant property but nothing is connected to it. See Exhibit D. Since the easterly leg of the
berm appears to be near the cleanout, special attention will be needed in that area.
Staff Recommendation:
Staff recommends approval with the following conditions:
1. The applicants must obtain a land alteration permit from the city prior to hauling fill
to the site.
2. The applicants must contact Minnehaha Creek Watershed District for an erosion
control permit.
3. Erosion control measures shall be taken by installing a silt fence around the
construction area upon receiving permit from City and MCWD.
4. A route map shall be provided to the city prior to the start of construction showing
which county/city streets are to be used.
#02-2834
1425 Bay Ridge Road
October 11 , 2002
Page 2 of2
Application # (} 2. -2 g 3 '-/
Date Received 7 -I 7-0 2
Amount Paid $ 2 s;-Q'
CITY OF ORONO -GENERAL LAND US):{ APPLICATION
PROPERTY LOCATION
Site Address P/2. S D.4.t JG c\~e . C -n ,\
Type of Application to be Fifed _· .... L .. ,-OJ: ..... -~_tu?r:..i...\.\x.1.s.:.ta1.=~·~w*W'l-..J:a...:;i':,..__. _____ ~-------
Property Identification Number (P.I.D.) 10 ~ It 1 -J.-3 ~ ~ L\ -CD I rJ
t\-\ Phone (home) ~2-'-/7.?,-2o·t.
-~==.i....--1+-~~_,..,_~----Q..,____ Phone (work) '7s; z.. s.-'::(1 -1-i z~. 1
'--L-+-=-=--,,...,,:...=.;<-,J=~-"""-"C...U..---City ()('G (\C:, Zip s:s.:s, I
OWNER (if different than applicant) Phone (home) _______ _
Name -----------------Phone (work) _______ _
Address _____________ City ________ Zip ____ _
Date Property Acquired _7.....,/'-. 3< ..... ·..,__·1 ~Io=· ...,.2 ______________ (month/year)
I (do) (do not) also own the adjacent parcels of land.
FEES -CONDITIONAL USE PERMITS -
___ $ 75.00 For each variance request with CUP application
___ $175.00 Residential Accessory Use
---$250.00 Institutional (church, school, etc.)
---$225.00 Guest House/Guest Apartments
---$200.00 Duplex Credit/Bldg
$325.00 Commercial/Industrial Use ---~$250.00 Land Alteration
---
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Grading and filling -designated wetland or floodplain
...---cfrading and filling -501 cu. yd. or more
Grading, seawall , retaining walls within 75' of lakeshore
PRD/PID -see Fee Schedule
$150.00 Renewal Fee (no change from original application)
___ After-the-Fact Fee -Double Current Application Fee
OTHER APPLICATIONS
$275.00 Commercial Site Plan Review (+ consultant fees) ---
$300.00 Vacation ---$200.00 Easement Vacation ---$100.00 Easement Vacation With Subdivision ---
---$350.00 Rezoning (PUD -refer to fee schedule)
---$375 .00 Comprehensiv e Plan Amendment
---$100.00 Appeals
---Other -see Fee Schedul~j( [
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REQUIRED SUBMITT ALS
1. ,__..--Completed Application Form.
2. t,....--" Describe request in detail.
3. v---Certified Property Owners List of owners within 350', labels and plat map (you
must obtain this list, labels and map from Hennepin County Dep~en_t of Finance,
_ A-603, Government Center, 348 mi,-. {p/2 ~ J'/ <; -Si°// o 1 ~') zS
4. ~-Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey
information.
5. Attach legal description to application if not included on required survey.
6. ~pographic survey (existing and proposed contours) if land alterations involve
changes in elevation (grades).
7. L-----'-List of the legal names (include marital status) of all persons with an interest in the
property. This would include name(s) of applicant(s) if not current owner(s).
8. Construction plan, if applicable (see staff for requirements).
9. As an addendum to this application , please attach a separate list of any other
persons you wish notified of this application.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS. OR COPY
FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS
SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc . to be
submitted.)
The Applicant and Property Owner must si gn this application. Please remember that your
application is not complete if the above information has not been included.
Certification by Clerical Department that Land Use Application is complete .
Initials of Clerical Staff: Date ------------
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all infom1ation required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or unusual expenses incurred in review of this application, and certifies that the information
supplied is true and correct t? the best of his/her knowledge. oy /L Applicant's signature (,<,~ l 't,~
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorized reasonable
entry onto the property by City staff, consultants , agents, commission members, and Council
members for purposes of,i vestigation and verification of this request. ;/' .. Lij
Owner's signature , Date -+'z_,_;$_,,·'--'-/-=-0-'2..:;;...._ ___ _
Applicant must have all submittals into the City offices 25 days before the Plann ing Commission Meeting.
Planning Commission Meetings are held on the third Monday of each month . Applicants must be present at all
scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a
scheduled meeting, please make arrangements to have an authorized agent attend in your place arid advise the
Building & Zoning Office of this change prior to the meeting.
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3 AL DESCRIPTION
ACTS A , B, Q and R, REGISTERED LAND SURVEY NUMBER 192, Hennep in County, Minnesota,
:, that part of TRACT U, REGISTERED LAND SURVEY NUMBER 192 , lying easterly of Hennepin
ur ~oad Number 15 , and southerly of a line parallel w ith and 75 . 00 feet south of the north line
rR ..... CT ~ of said Registered Land Survey. ·
:,ject to driveway easement over TRACT R per Document Number 569266 .
:>ject to gas main easement per Document Number 883614 .
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Oct 09 2002 11:03AM pn~ESTROO ROSENE ANDERLIK Fc.;16361311 p. 1
jfl. Bonestroo
-~--Rosene
Bonestroo, Rosene, Anderlik .and A>soclates, In<. IJ an Affirmative Actlon/Equ.il Opporrunlry Employer .
. and Employ•• Owned ---'19.Anderlik &
1 \J 1 Associates
Engineers & Architects
October 9, 2002
Wendy Bottenberg
Prlnclp.;ols: Otte G. Bones troo, P.E. • Marvir, L. Sorvala, P.E. • Gle-nn R. Cook. P:E. • Rooert G. Schun lchc, P.E .•
Jerry A Bourdon. F'E . · ·
Senior Consulcanrs: Robert W. Rosene. P.E. • Josepn C. Anaer11~. P.E. • Richard E. Tumer. P.E. • Sus.n M Eberlin. C .P.A.
Auoclaie l'rl nclpals: l<e l th A . Gordon, P.E. • Robert R. Pl'!'trerre.·P._E. • Richard w. Foster. P.E. • David 0 . loskota. P.E. •
Mart A Hanson. PE . • M ichael T. Rautm.ann. P.E. • Ted K. Field. P.E. , Kenfleth P. Andenon. P.£. , Mark R. Rolfs, P.E , •
Dc1 v id A, Bonestroo, M .B.A • Sidney P. Wrlriam,on, P.E., LS. • Agnes M. Ring, M.IJ.I'\. • .Allan R'lck Schmidt. P.E. •
Thomas W. Peterson, P.E . • James ·R. Maland, P.E. • Miles B. Jensen. P.E., L. Phillfp Gravel Ill, P.E. • Daniel J. Edgerton. P.E..
Ismael Maninez . P.£. • Thomas I\. Syfto. P.E. • Sheldon J . Johnson • Dale A Grove, P!E. • Thomas A. Roushar, P.E .•
Rob .. rt J. Devery. P.E.
· Offices: St. Paul, Sc. Cloud, Roch.ester and Willmar. MN• Milwaukee, Wr • Chicago. IL
Webs•te: www.bonesrroo .com
Zoning Administrator/Planner
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
Re: Wiens Land Alteration
File No. 139-02-000
Plat No . 02-2834 ·
Dear Wendy:
We have reviewed the plans for the prop05ed land · alteration .on the Wiens property. The site is
located at 1425 Bay Ridge. Road. The applicant is proposing to construct a berm along the C.R. 51
frontage. \Ve have the following comments with regards to engineering matters:
• The existing sanitary Sewer located between tbe home and C.R. 15 should be located and
shown on the plans. The proposed work should not place any fill over existing manholes and
the site should be graded to direct water away from all sanitary sewer manholes. Manholes
should be fenced to protect agair1st damage from construction activity.
• The berm should be restored with seed and fiber blanket within five days after final grading.
• Heavy-duty s.ilt fence shotdd be iP.staJled between the berm and the C.R. 15 and C.R. 51
· frontJ.g:=s. The silt fern;:e should remain in place until vegetation is established.
• Slopes on the berm should not exceed 3: I.
If you have any questions please call me at (651) 604-4863 .
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, IN'C.
1~15~
Tom Kellogg
Cc: Greg Gappa. City of Orono
2335 West Highway 36 • St. Paur, MN 55113 • 651~636-4600. Fax: 651·636-1311
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Parcel Information
Parcel ID 1011723340017
House Number 1425
Street Name BAY RIDGE RD
This is not a legally recorded map. It represents a compilation of information
and data from City, County, and State road authorities and other sources.
_,
RUN DATE 09/06/02
BATCH 502
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 5
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
38 10-117-23 34 0005
01473 BAY RIDGE RD
TR & H H MCCUNE
THOMAS R MCCUNE
1473 BAY RIDGE RD
WAYZATA MN 55391
38 10-117-23 34 0011
00038 ADDRESS UNASSIGNED
ROYE AHERN
HENNEPIN COUNTY
RIGHT OF WAY
1600 PRAIRIE DRIVE
MEDINA HN 55340
38 10 -117-23 34 0017
01425 BAY RIDGE RD
R WIENS & J A WIENS
ROBERT WIENS
1425 BAY RIDGE RD
WAYZATA HN 55391
II 1!"[,rr }.r-/J,!~
,·..,,,t,l :,_• .jg
,,r-,-~,·-r. ·t\ '"1 i) _-';>,. ~i·:~:t ,-·
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38 10-117-23 34 0006
01485 BAY RIDGE RD
SUSAN H KERBER & JOHN C HOLM
SUSAN H KERBER & JOHN C HOLM
1485 BAY RIDGE RD
WAYZATA HN 55391
38 10-117-23 34 0012
00038 ADDRESS UNASSIGNED
CITY OF ORONO
CITY OF ORONO
PO BOX 66
CRYSTAL BAY HN 55323
TOTAL BATCH 502 00025
38 10 -117-23 34 0010
00038 ADDRESS UNASSIGNED
VIL OF ORONO
CITY OF ORONO
PO BOX 66
CRYSTAL BAY HN 55323
38 10-117-23 34 0013
00038 ADDRESS UNASSIGNED
ROYE AHERN
ROY AHERN
1120 FRONT ST
HUDSON WI 54016
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
. REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION _, TO THE Bs;T
OF HY KNOWLEDGE AND BELIEF.
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RUN DATE 09/06/02
BATCH 502
PROP ADDR
. "OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 10-117-23 11 0002
00038 ADDRESS UNASSIGNED
MCLEOD CNTY REG RAIL AUTH
DAKOTA RAIL INC
25 ADAMS ST N
HUTCHINSON MN 55350
38 10-117-23 31 0003
02060 NORTH SHORE DR
LG GODFREY & NJ GODFREY
LYLE G & NORMA J GODFREY
2060 NORTH SHORE DR
WAYZATA MN 55391
38 10-117-23 31 0006
01380 RAILROAD AVE
SHARON V EVANS
SHARON V EVANS
1380 RAILROAD AVE
WAYZATA MN 55391
38 10-117-23 31 0020
00038 ADDRESS UNASSIGNED
HENNEPIN FORFEITED LAND
CITY OF ORONO
PO BOX 66
~RYSTAL BAY MN 55323
38 10-117-23 31 0050
01395 BROWN RDS
PF & L KALEY
PHILIP KALEY
1395 BROWN RDS
WAYZATA MN 55391
38 10-117-23 33 0002
02265 NORTH SHORE DR
KINGSLEY H MURPHY JR
KINGSLEY H MURPHY JR
2265 NORTH SHORE DR
WAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 10-117-23 31 0001
02010 SHORELINE DR
MICHELLE MARIE HUDSON-MILLER
MICHELLE MARIE HUDSON-WINER
2010 SHORELINE DR
WAYZATA MN 55391
38 10-117-23 31 0004
02080 ' NORTH SHORE DR
CAROL A LA QUEY
CAROL A LA QUEY
2080 NORTH SHORE DR
WAYZATA MN 55391
38 10-117-23 31 0007
01360 RAILROAD AVE
MICHAEL J LASHER
MICHAEL J LASHER
1360 RAILROAD AVE
CRYSTAL BAY MN 55323
38 10-117-23 31 0048
01375 BROWN RDS
CRAIG B SARNER
CRAIG B SARNER
1375 BROWN RDS
WAYZATA MN 55391
38 10-117-23 31 0056
02140 NORTH SHORE DR
PC & CD KRAMER
PETER C & CHERIE D KRAMER
2140 NORTH SHORE DR
WAYZATA MN 55391
38 10-117-23 34 0003
01449 BAY RIDGE RD
JUDITH K MCATHIE
JUDITH K MCATHIE
DANIEL J MCATHIE
1449 BAY RIDGE RD
WAYZATA MN 55391
1t7 /' t~:\ _r •• -•,"?.'.:,., r.,c-o·>
. 1/ r . ' • . . I,, /' i".} ,•:,.: I I I I Ir--...___ . ./ '<··--,_/ '•, •. ., .....-,:_a/
REPORT NO. PI435401
38 10-117-23 31 0002
02040 NORTH SHORE DR
K & L ERICKSON
KEITH R ERICKSON
2040 NORTH SHORE DR
WAYZATA MN 55391
38 10-117-23 31 0005
PAGE 4
01390 RAILROAD AVE
GROETHE-HILL INVESTMENTS LLP
GROETHE-HILL INVESTMENTS LLP
1818 LASALLE AVE
MPLS MN 55403
38 10-117-23 31 0008
02055 SPATES AVE
MARIETTA HANDERSON ET AL
MARIETTA HANDERSON
2055 SPATES AVE
WAYZATA MN 55391
38 10-117-23 31 0049
01380 ARBOR ST
T W & KS SMITH
TODD W & KRISTEN S SMITH
1380 ARBOR ST
WAYZATA MN 55391
38 10-117-23 31 0101
01335 BROWN RDS
CITY OF ORONO
CITY QF ORONO
BOX 66
CRYSTAL BAY MN 55323
38 10-117-23 34 0004
01461 BAY RIDGE RD
D W FLICK & KL FLICK
DAVID & KARI FLICK
1461 BAY RIDGE RD
WAYZATA MN 55391
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VARIANCES
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
.----.
Hawn moved, Mabusth seconded, to recommend approval of Applic · n #02-2835,
Thomas Adams, 500 Orchard Park Road, approving the renewal of
permit relocation of the existing house to the center of the
existing accessory building to be closer to the front
residence, subject to the conditions as approve y the original Orono City Council
resolution of 2001. VOTE: Ayes 7, Nays 0.
(#5) _ #02-2836
VARIANCE
JENNIFER PHELPS, 385 TURNHAM ROAD,
Hawn move , Mabusth seconded, to recommend approval of Application #02-2836,
nd Jennifer Phelps, 385 Turnham Road, approving a front yard setback variance
construct an ll'X 9' mudroom on the residence. VOTE: Ayes 7, Nays 0.
(#3) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD,
CONDITIONAL USE PERMIT 6:35 -7:20 P.M.
Robert Wiens, the Applicant, was present.
As the item was removed from the consent agenda, Chair Smith asked for public comment.
Norma Godfrey, 2060 North Shore Drive, questioned the appearance of the proposed berm and
what a 3: 1 slope would look like. She was concerned about the preservation of a large row of
pine trees which screens her property from the applicants and wondered if the berm would be
maintained on all sides.
Lorraine Kavey, 1395 Brown Road South, indicated that she had many of the same questions as
the first neighbor.
Page 2 of 42
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
Weinberger explained that the property owner had requested a conditional use permit to permit
land alteration on the property over 500 cubic yards . The project would be to build a berm,
behind the existing row of evergreen trees, along the northern border of the property parallel to
North Shore Drive. The intent of the berm would be to screen traffic noise from North Shore
Drive. Weinberger noted that the proposed berm would be approximately 8' at the highest point
and curve around as shown on the survey. The existing row of smaller evergreens would be
removed and replanted on the berm. He pointed out that the berm and plantings would have no
impact on traffic sight-lines and would appear to have no negative impacts on site drainage ..
Weinberger stated that according to the City Engineer, since the property was two lots combined
in 1995 and the portion of the lot where the proposed berm would fall was vacant, there is
merely a sewer stub on the property with nothing connected to it. Weinberger added that the
design was done by an engineer and reviewed by the City Engineer who had no negative
comments or concerns. He stated that the widest width of the berm at 8' tall could be potentially
48' and still would not impact the stand of tall evergreen trees it would be located behind.
Chair Smith reminded the applicant and Commission that the slope must not exceed a 3:1.
Mabusth added that the manhole must be located and marked.
Gaffron indicated that the contours of the design were misleading, and based upon his
calculations the plan reflected a mere I' scale versus the normal 2'. He questioned whether the
design reflected a 4' or 8' high berm at its peak.
Wiens stated that he believed the design reflected a 6' or 8' high peak, however, indicated his
willingness to redesign the plan in order to address neighbors concerns.
Chair Smith felt it was necessary to determine the true height of the berm with and/or without
trees.
Page 3 of 42
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
~ .. --
With 6-8' nigh berm and peaks in the middle and on the ends, Wiens stated that it was his desire
to cut down on the amount of traffic noise he was exposed to.
Weinberger agreed with Gaffron that the plan provided to the City looks to be indicative of
merely 4' high berm peaks.
Wiens stated that the plans were incorrect if they reflect a 4' berm.
Bremer stated that the applicant's summary refers to an 8' high berm .
Weinberger noted that, if the scale is 1 ', the berm would be far wider than 20'.
In order to maintain a 3: 1 slope, Gaffron pointed out that the base would need to be twice as
wide.
Rahn felt the Commission would need to be supplied with a new drawing.
Wiens questioned whether he could proceed with this drawing .
Norma Godfrey maintained that the highest center point of the berm would fall directly across
the street from her residence and she was concerned about having to view a big pile of dirt, as in
other locations in the neighborhood.
Wiens stated that it was his desire to construct a berm and he was willing to work with the
neighbors to do so.
Chair Smith pointed out that the applicant had agreed to accept the 4' high berm in order to move
the application forward, and she questioned whether this lower berm would satisfy the neighbors.
Page 4 of 42
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
.,.... .. --
Mrs. Erickson, located across the street on Highway 51, cautioned the applicant thaf a mere 4'
high berm would do little to eliminate the noise issue. She stated that in order to adjust the noise
level, the applicant would need to construct a much higher berm, hopefully not at the expense of
the large row of evergreens on the property.
Wiens stated that the row of evergreens do provide a fair amount of blockage.
Lyle Godfrey, 2060 North Shore Drive, indicated that his questions pertained to the height of the
berm and how the evergreen treeline would be protected. He encouraged the applicant to use
Bay .Ridge Road for the truck traffic.
Wiens stated that he wished to eliminate the light reflecting off the road and enhance the look of
his property in the process.
Lyle Godfrey stated that, as long as the berm were maintained, he had no problem with the
application.
Chair Smith encouraged the applicant to give careful consideration to whether he believed a 4'
berm would help with the sound problem. She asked for staffs opinion.
Gaffron indicated that a 4-5' high berm would not have a huge impact on the noise level and
suggested Mr. Wiens consider additional evergreens . Gaffron stated that a denser row of pine
trees would do more to lessen the impact of noise than a berm .
Mrs. Kavey, 1395 Brown Road South, questioned what the applicant would plant on the berm,
since her views would be impacted. She indicated that the proposed curve of the berm near Bay
Bridge Road would block her views of the lake.
Wiens stated that no matter what he proposed in order to improve his current street views, it
would impact Mrs. Kavey's view s. Wiens maintained that he has gone to great lengths to
Page 5 of 42
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
improve his property smce movmg in and would strive to beautify the project, planting
evergreens -atop the berm, surrounded by prairie grass and wildflowers under the trees.
Rahn questioned whether the applicant could truly accept a 4' high berm, when what he was
expecting was an 8' high berm.
Wiens expressed his desire to move the project forward.
Mrs. Kavey reiterated that the row of pines along the top of the berm would impact her views.
Wiens stated that he must do something and agam, would be willing to work towards a
compromise with the neighbors.
Mabusth empathized, stating that she could see his goal was to improve his screen both visually
and for noise control.
Wiens stated that the existing trees would block 70-80% of Mrs. Kavey's views of the proposed
berm .
Hawn stated that she was unclear what the issue with the neighbors was, since the trees would
block most of the berm and the applicant has expressed his willingness to work with them.
Wiens stated that there are a number of things he could propose, including building structure
rather than berm, however he has chosen to construct and beautify his property with the berm
and plantings. Wiens stated that he had no idea he would be faced with opposition from his
neighbors when he proposed this application and was willing to try to work with them, but
reminded them he could still go through the proper channels to construct something much more
obtrusive than he has here .
Hawn reiterated that Mr. Wiens has the right to do what he can to improve his property. She
Page 6 of 42
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
indicated that she was struggling to see how this could be a problem to the neighbors when it
would be mostly blocked anyway.
Chair Smith complimented the applicant on his willingness to cooperate with the neighbors and
stated that, in reality, he could even remove the large row of pine trees on his property if he
chose to. She indicated that instead he is proposing to improve his property.
Rahn stated that, short of the berm issue, the applicant could plant rows of trees along and
around the curve without the City's permission.
Godfrey questioned whether he could continue to come back to the City to request additional fill.
Gaffron stated that the City code does not talk about a maximum per year, but a limit, which
could be even further defined in the motion.
Wiens stated that he wished to do the project right and invited everyone to come take a look at
his work.
Chair Smith suggested the applicant consider either tabling his application in order to work with
the neighbors, or moving it forward as the application exists currently.
Wiens stated that he preferred to move forward sooner than later and asked for further
discussion.
Mabusth asked how many cubic yards of fill the Commission was being asked to approve at this
time.
Wiens stated that application is for 1500-2000 cubic yards of fill.
Gaffron pointed out that 700 cubic yards of fill would provide a 4' high berm.
Page 7 of 42
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 21, 2002
6:30 o'clock p.m.
.--,..--
Hawn suggested they design a motion that defines the fill as the amount required to obtain ·a 4'
high berm and not identify a certain number.
While he had hoped to proceed, Wiens stated that he had also hoped for a higher berm along
County Road 15 than the 4' in this proposal. He indicated that he would go back to his engineer
in order for him to redesign the plan. Wiens felt he could stay within the 500 cubic yard
allowance and still construct an 8' berm along County Road 15 and then return next month with
a different proposal for the rest of the landscaping. He asked the Commission to table his
application.
Hawn moved, Chair Smith seconded, to table Application #02-2834, Robert and Julie
Wiens, 1425 Bay Ridge Road, tabling the applicants request for a Conditional Use Permit
for the purpose of redesigning the proposal. VOTE: Ayes 7, Nays 0.
OLD BUSINESS
23 RONALD CLOUD, 3460 NORTH SHORE DRIVE, VARIANCES 7:21 -
8:07 P.M.
Ronald Cloud, the Applicant, as present.
Weinberger explained that, effective tha temoon, the applicant had revised his application to
reflect his request to simply replace the previou 'X 10' deck, with the only addition being that
a stairway access be allowed off the deck. Weinber noted that the applicant has withdrawn
his request for a three season porch.
With just the replacement of the previous deck, Chair Smith noted that
his structural limit of 15%. She asked if the stairway would run off the front o ·de of the deck.
Cloud noted that the stairway would need to head towards the lake in order to avoid an
Page 8 of 42
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
612-249-4600
TO: Robert Wiens
1425 Bay Ridge Road
Wayzata, MN 55391
ZONING FILE# 02-2834
NOTICE OF CITY COUNCIL ACTION
DATE OF NOTICE: 11 /26/2002
COPIES:
TYPE OF APPLICATION: Conditional Use Permit
DATE OF MEETING: 11 /25 /2002 VOTE: 5 FOR O AGAINST
COUNCIL ACTION -MOTION:
To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday through
Friday 8:00 AM -4:30 PM). All persons with an interest in the property must sign the
resolutions. The resolutions must be signed prior to issuance of building permit.
You must apply for and obtain a permit prior to the commencement of construction. (The permit
application is separate application from the zoning application).
Conditional Use Permit approval is limited to the extent shown on the approved plan and as noted in
the approval resolution. Changes in approved plans are subject to further review by the City.
Conditional Use Permit approval expires one year after date of approval. Permit application must be
applied for prior to one year of approval. (November 25, 2003).
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.
ZONING FILE# 02-2834 CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
612-249-4600
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: November 19, 2002
TO: Robert and Julie Wiens
1425 Bay Ridge Road
Wayzata , MN 55391
COPIES:
TYPE OF APPLICATION: Conditional Use Permit
DATE OF MEETING: November 18 , 2002 VOTE: 6 FOR 0
Planning Commission recommends the following:
Approval as submitted.
Applicant's next scheduled meeting is confirmed as:
City Council meeting on November 25, 2002, meeting starts at 7:00 p.m.
AGAINST
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.
CITY OF ORONO
P.O. Box66
Crystal Bay, MN 55323
612-249-4600
TO: Robert and Julie Wiens
1425 Bay Ridge Road
Wayzata, MN 55391
ZONING FILE # 02-2834
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: October 22 , 2002
COPIES:
TYPE OF APPLICATION: Conditional Use Permit
DATE OF MEETING : October 21, 2002 VOTE: 7 FOR 0 AGAINST
Planning Commission recommends the following:
Table application needing additional information :
Where the berm is actuall y to be located, height, engineers report and what the vegetation will look
like on the berm ..
Applicant's next scheduled meeting is confirmed as:
November 18, 2002; meeting starts at 6:30 p.m.
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.
Bonestroo
Rosene
Anderlik&
Associates
Engineers & Architects
October 28 , 2002
Mr. Robert Wiens
1409 Fairfield Road
Minnetonka, MN 55305
B o n estroo, Rose n e, And er l ik a nd A ssociates . Inc.
a n d Employee O w n e d
• A ffir m at i ve A c t i on/Equ a l Opportun i ty Employe r
Pri n c i pals: Otto G Bonestro o. P.E • M arvin L. So rvafa. P.E . • Glenn R. Cook . P.E . • Robert G. Schunicht. P.E. •
Je rry A. Bou rdon. PE .
Se n ior Consul tants: Robert W Rosene . P.E. • Joseph C. Anderlik . P.E . • R1Chard E. Turner. P.E . • Susan M. Eberlin, (.P.A .
A sso ci a te Principals : Keith A . Gordon . P.E . • Robert R. Pfefferle . PE . • Richard W . Foster. P.E . • David O . Loskota. P.E. ,
M ark A . Hanson . P.E. • Michael T. Rautmann. P.E. • Ted K. Field. P.E. • Kenneth P. Anderson. P.E . • Mark R. Rolfs. P.E. •
David A. Bonestroo. M.8.A. • Sidney P. Willia mson. P.E .. L.S. • Agnes M . Ring. M.8.A. • Allan Rick Schmidt. PE . ,
Thom,is W . Peterson. PE . , Jame s R. Maland. P.E . • MIies B. Jensen. PE . • L. Phillip Grave l Ill . P.E. • Daniel J. Edgerton. P.E . ,
Ismael M a rtinez. PE . • Thomas A. Syfko. P.E. • Sheldon J Johnson • Dale A. Grove. P.E . • Thomas A . Roushar. PE . •
Robert J. Devery. P.E.
Of fices: St . Paul. St. Cloud, Rochester and Willmar. MN • Milwaukee. WI • Chicago . IL
W e bs i t e: www.bone stroo.com
Re : Wiens Land Alteration , Sanitary Sewer Record Plans
File No. 139-02-000
Plat No. 02-2834
Dear Mr. Wiens,
Enclosed please find copi e s of the sanitary sewer re c ord plan you requested . The yellow highlighting
is 8" gravity sewer ; the pink highlighting is 3" sanitary forcemain. As we discussed , you should have
yo ur en g ineer loc a te the manholes and show them on your proposed grading plan. The berm should
be de s igned so th a t no fill is pl aced ove r the manholes, gravity sewer or forcemain .
If you h a ve a ny ques ti o ns please c all me a t (651 ) 604-4863.
Yours very trul y,
BONESTROO . ROSE N E. AL'-I DERLIK & AS SOCIA TES , INC.
Cc: Gre g Gappa, City o f Oron o
Wendy Bottenberg, City of Orono
2335 West Highway 36 • St . Paul , MN 55113 • 651-636-4600 • Fax: 651-636-1311
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~ray Freshwater Center
fwys . 15 & 19, Navarre
~ail :
500 Shadywood Road
:xcelslor, MN 55831-9578
'hone: (952) 471-0590
ax: (952) 471·0682
ma~:
amln@mlnnehahacreek.org
febSlle:
ww.mlnnehahacreek.org
oard of Managers
1mela G. Bllxt
1mes Calkins
mce Fisher
onlcaGross
:ottThomas
chard MOier
>bert Schroeder
• Pnnl«I on ,.ad plll18r ccntalllfng
, Ill l888l 30'lL pDII\ CDrl!Umar 119B!8.
MiDDenaha Creek • Watershed District
Improving Quality of Water, Quality of Lift
Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements
and information contained in the permit application , correspondence, plans,
maps, and all other supporting data submitted by the applicant, all of which are
made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the
applicant named below for use and development of land in the Minnehaha Creek
Watershed District.
Issued to: Robert Wiens
Location: 1425 Bay Ridge Rd., Orono
Purpose: Rule B: Erosion Control
Date of Issuance: 10/21 /02
Permit No: 02-388
Date of Expiration: 10/21/03
By Order of the Board of Managers
~/L.-.
~
District Technician
This permit is not transferable, and is valid to the date of expiration . No activity is
authorized beyond the expiration date. If the permittee requires more time to
complete the project, an application for renewal of the permit is required.
The applicant is responsible for -compliance with all District Rules and for the
action of their representatives, contractors, and employees.
Conditions: Project to be completed as described in plans submitted to the
MCWD office on 10/18/02 and accorqing to the provisions of this
permit. .
• Properly install and maintain all required MCWD Rule B,
erosion control measures until the disturbed areas are
restabilized
• Silt fence must be orange in color
• When the site is restablilized and the MCWD staff has
performed a final inspection, all silt fences must be removed
(Statement concerning fees for inspections, violations, etc ... on reverse)
c0/c0'd cB90llvcl9 03HS~31~M ~33~J ~H~H3NNIW 0c :l1 c00c-1c-1Jo
Jflj Bonestrot
• • Rosene_ '"11 Anderlll< &
1 \J 1 Associat es
Engineers & Architects
October 9, 2002
Wendy Bottenberg
Bon estroo, Ros e ne, Anderlik a nd A ssociates, Inc. i :
and Employee Owned
lffirmative Action/Equal Opportunity Employer
Principa l s: Otto G. Bonestroo, P.E . • Marvin L. Sorvala, P.E . • Glenn R. Cook, P.E . • Robert G . Schunlcht. P.E . •
Jerry A. Bourdon, PE.
Senior Consult a n t s: Robert W. Rosene, PE. • Joseph C. Anderlik, PE . • Richar d E. Turner. PE. • Susan M. Eberlin. C PA.
Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, P.E . • Richard W. Fo ster, PE. • David O. Loskota, PE . •
Mark A. Hanson, P.E. • Michael T. Rautmann, PE. • Ted K. Field, PE. • Kenneth P. Anderson, PE. • Mark R. Rolfs, PE . •
David A. Bonestroo, M.B.A. • Sidney P. Wi ll iamson. P.E., L.S . • Agnes M . Ring, M.B .A. • Al lan Rick Schmidt, PE . •
Thomas W Peterson , PE . • James R. Maland, PE. • Miles B. Jensen, PE. • L. Phi llip Gravel Ill, PE. • Daniel J. Edgerton. PE . •
Ismael Martinez. PE. • Thomas A. Syfko, PE. • Sheldon J . Johnson • Dale A. Grove, PE. • Thomas A. Roushar, P.E. •
Robert J. Devery, PE.
· Offices: St. Paul, St. Cl oud, Rochester and Willmar. MN • Milwaukee, WI • Chicago, IL
Website: www.bonestroo.com
Zoning Administrator/Planner
City of Orono
Po s t Office Box 66
Crystal Bay, MN 55323
Re: Wiens Land Alteration
File No . 139-02-000
Plat No. 02--2834
Dear Wendy :
W e hav e re v .iewed the plans for the prop(,,ed land a lteration on the Wiens {:>rOperty. The site is
loc a ted at ; 425 B ay Ridge Road . Tb·~ appl ic ,i.rit ;::-, pr,1 posi11g to constrnct a berm along the C.R. 5 J
frontagr. \Ve hci ve th•.:: fr.,1J owi ng co1m;1en1_s v1ilh wg ar ds tc· f.'ngincer:ng m~ttcrs :
• T :1c e~:ist:n::; sani·~2r y se· .. ·:e!" loc:ite cJ. bctwee:1 th e home a od C.R . 15 should be located and
sho·.---n on ~b.e pl~ms . I he p·opo scd \'/O rk should n ot place any fill over ex.isting manh0les and
th e sice-shc~1ld be graded to dire c t water awa y from all sanitary sewer manholes . Manhole:-;
shouici be fenced to protect aghii iSt damage from construction activity.
• The berm should be restored with seed and fiber blanket within five days after final grading.
• !-k:wy-duty silt fence should be ir!stalied between rhe berm and the C.R. 15 and C.R. 51
fr o ntage '.;. The s ilt fence sh::mld remain in place untii vegetation is established.
• Sl ope s on the berm should not exceed 3: 1.
If you have ar.y quest ic,ns please call me at (65 l ; 604-486:i.
Yc L,r s very truly,
HONESTROO , ROSENE , ANDERLIK & ASSOCIATES, Il\JC.
~IS~
T o m Ke ll ogg
Cc: Creg Gappa . City of Orono
2335 West Highway 36 • St. Paul, MN 55113 • 651-636 -4600 • Fax: 651-636-1311
Application # 0 2. -2 g 3 4
Date Received 7 ·· i 7 ·-() '2.
Amount Paid $ 2 f:'O
CITY OF ORONO -GENERAL LAND USE. APPLICATION
PROPERTY LOCATION
Site Address -fa/2. S l;p .. \./ K, c\~e tC-·n ,\
Type of Application to be Fifed _· _L_,, 0 ..... ·~ .... : __,t ...... /\\..._:h,,;..,,.:,i .... 't:,.,....,;\....,,r ..... a....,., ___ -,------,-------
Property Identification Number (P.I.D.) /0 ·-(11-~~-~4--CO l 1
Phone (home) 7 $'2-'i2i -)O·t.
Phone (work) '7 S:z., s,,-...,1 -1-/ 7t., 1
City ()('u (\e, Zip <;S 3S:: I
OWNER (if different than applicant) Phone (home) --------
Name -----------------Phone (work) _______ _
Addr ess City Zip --------------------------
Date Property Acquired 7 / )l.'J / o 2 (month/y ear) _.....,,,.............._+=-___________________ _
I (do) (do not) also own the adjacent parcels of land.
FEES -CONDITIONAL USE PERMITS -
---$ 75.00 For each variance request with CUP application
---$175.00 Residential Accessory Use
---$250 .00 Institutional (church, school , etc.)
___ $225.00 Guest House/Guest Apartments
---$200.00 Duplex Credit/Bldg
$325.00 Commercial/Industrial Use ---
~$250.00 Land Alteration
---
---
---
Grading and filling -designated wetland or floodplain
~ading and filling -501 cu. yd. or more
Grading , seaw all , retaining walls within 75' of lakeshore
PRD/PID -see Fee Schedule
$150.00 Renewal Fee (no change from original application)
After-the-Fact Fee -Double Current Application Fee
OTHER APPLICATIONS
---$275.00 Commercial Site Plan Review (+ consultant fees)
$300.00 Vacation ---
$200.00 Easement Vacation ---
$100.00 Easement Vacation With Subdivision ---
---$350.00 Rezoning (PUD -refer to fee schedule)
---$37 5 .00 Comprehensiv e Plan Amendment
---$100 .00 Appeals
Other -see Fee Schedule ---
{,: ,"·' , ... "Mo.
5
REQUIRED SUBMITTALS
1. ,_,_--Completed Application Form.
2. ~ Describe request in detail.
3. ,.__....--Certified Property Owners List of owners within 350', labels and plat map (you
must obtain this list, labels and map from Hennepin County Departw.en_t of Finance,
A-603, Government Center, 3~8 :itl§i'li9'. {p/2.-'J'/'il ->710 ;..:.;;· zS
4. ~-Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey
information.
5. Attach legal description to application if not included on required survey.
6. ~opographic survey ( existing and proposed contours) if land alterations involve
changes in elevation (grades).
7. ~ List of the legal names (include marital status) of all persons with an interest in the
property. This would include name(s) of applicant(s) if not current owner(s).
8. Construction plan, if applicable (see staff for requirements).
9. As an addendum to this application , please attach a separate list of any other
persons you wish notified of this application.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY
FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS
SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be
submitted.)
The Applicant and Property Owner must sign this application. Please remember that your
application is not complete if the above information has not been included.
Certification by Clerical Department that Land Use Application is complete.
Initials of Clerical Staff: Date ------------
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or unusual expenses incurred in review of this application, and certifies that the information
supplied is true and correct to the best of his /her knowledge.
Applicant's signature KU~ Date -~7)~· s~-/~o=L ___ _
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorized reasonable
entry onto the property by City staff, consultants , agents, commission members, and Council
members for purposes of i vestigation and verification of this request.
;("' . l·J1 7).._ -Owner's signature -t:=:.~~L-~~,(/Vy'f-!'::.!...!__:_., _________ Date --+7 ..<...!S-=· ·,.....-/....=;0 ~2..cc__ ___ _
Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting.
Planning Commission Meetings are held on the third Monday of each month . Applicants must be present at all
scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a
scheduled meeting, please make arrangements to have an authorized agent attend in your place arid advise the
Building & Zoning Office of this change prior to the meeting.
' ,, __ .;
Request to berm east side of property. Please see
map for details.
Legal name of parties that have interest in property:
Robert P. Wiens
Jv..\ie_ A. ~J;'-eV\S
Meredith Long, 09:00 AM 8/30/02 -0500, Pack Change On Model 008000123
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Printed for Candace Gust <candace@northstarsalesinc.com>
NO. 51
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9/16/02
....
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Parcel Information
Parcel ID 1011723340017
House Number 1425
Street Name BAY RIDGE RD
This is not a legally recorded map. It represents a compilation of information
and data from City, County, and State road authorities and other sources .
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RUN DATE 09/06/02
BATCH 502
PROP ADDR
'OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 10-117-23 11 0002
00038 ADDRESS UNASSIGNED
MCLEOD CNTY REG RAIL AUTH
DAKOTA RAIL INC
25 ADAMS ST N
HUTCHINSON MN 55350
38 10-117-2~ 31 0003
02060 NORTH SHORE DR
LG GODFREY & NJ GODFREY
LYLE G & NORMA J GODFREY
2060 NORTH SHORE DR
WAYZATA MN 55391
38 10-117-23 31 0006
01380 RAILROAD AVE
SHARON V EVANS
SHARON V EVANS
1380 RAILROAD AVE
WAYZATA MN 55391
38 10-117-23 31 0020
00038 ADDRESS UNASSIGNED
HENNEPIN FORFEITED LAND
CITY OF ORONO
PO BOX 66
~RYSTAL BAY MN 55323
38 10-117-23 31 0050
01395 BROWN RDS
PF & L KALEY
PHILIP KALEY
1395 BROWN RDS
WAYZATA MN 55391
38 10-117-23 33 0002
02265 NORTH SHORE DR
KINGSLEY H MURPHY JR
KINGSLEY H MURPHY JR
2265 NORTH SHORE DR
WAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 10-117-23 31 0001
02010 SHORELINE DR
NICHELLE HARIE HUDSON-HILLER
NICHELLE HARIE HUDSON-WINER
2010 SHORELINE DR
WAYZATA HN 55391
38 10-117-23 31 0004
02080 ' NORTH SHORE DR
CAROL A LA QUEY
CAROL A LA QUEY
2080 NORTH SHORE DR
WAYZATA HN 55391
38 10-117-23 31 0007
01360 RAILROAD AVE
MICHAEL J LASHER
MICHAEL J LASHER
1360 RAILROAD AVE
CRYSTAL BAY HN 55323
38 10-117-23 31 0048
01375 BROWN RDS
CRAIG B SARNER
CRAIG B SARNER
1375 BROWN RDS
WAYZATA HN 55391
38 10-117-23 31 0056
02140 NORTH SHORE DR
PC & CD KRANER
PETER C & CHERIE D KRANER
2140 NORTH SHORE DR
WAYZATA MN 55391
38 10-117-23 34 0003
01449 BAY RIDGE RD
JUDITH K HCATHIE
JUDITH K HCATHIE
DANIEL J HCATHIE
1449 BAY RIDGE RD
WAYZATA HN 55391
,i-:,,r--..::..:2·
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REPORT NO. PI435401
38 10-117-23 31 0002
02040 NORTH SHORE DR
K & L ERICKSON
KEITH R ERICKSON
2040 NORTH SHORE DR
WAYZATA HN 55391
38 10-117-23 31 0005
PAGE 4
01390 RAILROAD AVE
GROETHE-HILL INVESTMENTS LLP
GROETHE-HILL INVESTMENTS LLP
1818 LASALLE AVE
MPLS HN 55403
38 10-117-23 31 0008
02055 SPATES AVE
MARIETTA HANDERSON ET Al
MARIETTA HANDERSON
2055 SPATES AVE
WAYZATA HN 55391
38 10-117-23 31 0049
01380 ARBOR ST
T W & KS SNITH
TODD W & KRISTEN S SNITH
1380 ARBOR ST
WAYZATA HN 55391
38 10-117-23 31 0101
01335 BROWN RDS
CITY OF ORONO
CITY QF ORONO
BOX 66
CRYSTAL BAY HN 55323
38 10-117-23 34 0004
01461 BAY RIDGE RD
D W FLICK & KL FLICK
DAVID & KARI FLICK
1461 BAY RIDGE RD
WAYZATA HN 55391
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RUN DATE 09/06/02
BATCH 502
PROP ADDR
OWNER NANE
TAXPAYER
NANE/ADDR
PROP ADDR
OWNER NANE
TAXPAYER
NANE/ADDR
PROP ADDR
OWNER NANE
TAXPAYER
NANE/ADDR
38 10-117-23 34 0005
01473 BAY RIDGE RD
TR & NH MCCUNE
THOMAS R MCCUNE
1473 BAY RIDGE RD
WAYZATA NN 55391
38 10 -117-23 34 0011
00038 ADDRESS UNASSIGNED
ROYE AHERN
.HENNEPIN COUNTY
RIGHT OF WAY
1600 PRAIRIE DRIVE
NEDINA MN 55340
38 10-117-23 34 0017
01425 BAY RIDGE RD
R WIENS & J A WIENS
ROBERT WIENS
1425 BAY RIDGE RD
WAYZATA NN 55391
..
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 10-117-23 34 0006
01485 BAY RIDGE RD
SUSANN KERBER & JOHN C HOLM
SUSANN KERBER & JOHN C HOLM
1485 BAY RIDGE RD
WAYZATA NN 55391
38 10-117-23 34 0012
00038 ADDRESS UNASSIGNED
CITY OF ORONO
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
TOTAL BATCH 502 00025
REPORT NO . PI435401
PAGE 5
38 10-117-23 34 0010
00038 ADDRESS UNASSIGNED
VIL OF ORONO
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN ·55323
38 10 -117-23 34 0013
00038 ADDRESS UNASSIGNED
ROYE AHERN
ROY AHERN
1120 FRONT ST
HUDSON WI 54016
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
• REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY
OF MY KNOWLEDGE AND BELIEF.
. DATE r-1~<7 Za y ~/<'4= '/ -;r ::::-,, ..
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of #02-2834 as mailed to the attached list of
property owners .
In Witness Whereof, I have hereunto set my hand and seal this 11th day of October, 2002 .
~.....__/ -
Denise M. Leskinen
•
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, October 21, 2002, beginning at 6:30 p.m. on the matter of reviewing the
following land use applications :
1.
2.
3.
4.
5.
6.
7.
8.
#02-2832
#02-2833
#02-2834
#02-2835
#02 -2836
#02-2837
#02-2841
#02-2844
Randy Arneson, 625 Deborah Drive, requests a conditional use permit to
permit plumbing within an accessory structure.
G&G Holding Co., 1160 Loma Linda, requests variances to lot area and lot
width to permit construction of a new residence on the property located in the
LR-1 B zoning district.
Robert and Julie Wiens, 1425 Bay Ridge Road , requests a conditional use
permit for land alteration on the property over 500 cubic yards to construct a
berm along North Shore Drive.
Thomas Adams, 500 Orchard Park Road, requests renewal variances to
permit redevelopment of a property less than the 5 acre minimum lot size for
properties in the RR-1 A district.
Charles and Jennifer Phelps, 385 Turnham Road, request a variance to
permit a 8 ' X 8'mud room to be constructed 78' from the front property lot
line where 100' is required in the RR-IA district.
JeffDanberry, 3545 Ivy Place, requests a variance to permit construction of a
14' X 24 ' stall to an existing attached garage 20' to the front/street property
line where a 30 ' setback is required.
Daniel Dickey, 4425 North Shore Drive, requests a variance to permit
hardcover greater than 25% within the 75-250' lakeshore setback to permit
construction of an attached garage to the existing residence on the property
located in the LR-1B zoning district.
Bruce and Carol Hedblom, 2601 Casco Point Road , request a variance to
permit hardcover greater than 25% within the 75-250 ' lakeshore setback to
permit construction of a master bedroom suite within the existing residence on
the property located in the LR-1 C zoning district.
All persons wishing to be heard are encouraged to attend this meeting. Written comments are
accepted and should be submitted to the City of Orono by September 30, 2002 . Plans are available
in the City Offices. For an appointment, please call (952) 249-4600 .
-
City of Orono
By: Planning Commission
Pa~l Weinberger, Zoning A i
To be published the week of October 5, 2002
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
CITY OF ORONO ·., •, district. , · . · . · ·: ·~:;:·?::::~
2750 Kelley Parkway, P.O. Box 66 · . . :.6. #02 -2837 Jeff Danberry, :3545'ivy ,,
Crystal ·say, MN 55323 C. Place, requests a variance to permit con-'.1
Phone (952) 249-4600 ., ·. struction of. a 14' x 24' stan to an exl ~ting
Fax (952) 249-4!16 . ,. attached ga rage 20' to the front /street ·
. · property line where a :30' setback is ,
. required. · . •"• :;';· ' , NOTICE , ·
• , 7 . #02-2841 Daniel Dickey, 4425 .
The Planning Commission win hqld North Sh<>i e _Drive , requests a variance
public hearings in· the Council Chambers to perm it hardcover greate·r than 25% .
at 2780 Kelley Parkway on Mpnctay, within the 75-250' lakeshore setback , to
October 21 , 2002, beginning at 6:30 p.m . · permit construction of an attached garag'e .
on the matter of reviewing the following to ttie existing residence on the property
land use applications: , J lo~t(;ld in the LR-1 B zoning distri ct.·;_ ... , . ,
1. #02-2832 Randy Arnesori, 625 , -~ 8 . #02 -2844 Bruce , and Carol i
Deborah Drive , requests a conditioral · Hedblom , 2601 Casco Point :Road ,·
use permit to ·permit plumbing wittiin an · .. 1 request a varian ce to permit t,ardcover
accessory structure. . : greater than 25% within · the 75-250'
2. #02 -2833 G&G Holding Co., ,1160 lakeshore .setback to permit construction
Loma Linda, requests variances to lot .; ·. of a masier bedroom suite within the ·
area and lot width to permit construction . existing residence· on the property located .
of a new residence on property located in in the LR-1 C zoning district.
the LR-1 B zoning district. . , . . .. All persons wi shing to be · heard are
3 . #02-2834 Robert and Julie wiens , .. -: encourag.ed to attend this meeting.
1425 Bay Ridge Road , request a condl, . ,. Written comments are accepted and .
tional use permit for land alteration on !he · shquld be .submitted .to the City of Orono ·
property over 500 cubic yards ·to construct . by .Sep tember 30 , 2002 . Plans are avail-.
a berm along North Shore Drive. . . .. able in the City Offices. For an appoint-
4 . #02-2835 Thomas Adams, 500 mel)t, please call (952) 249-4600).
"city of Orono
., By :_Planning Commission
Orchard Park Road, requests • renewal
variances to perm it redevelopment of a
property less than 5 acre mini.mum lot
size for properties in the BR-1 A district.
5. #02-2836 Charles and Jennijer " Pa~I We inberger,
Phelps , 385 Turnham Road, request a .. • Zoning A_dministrator/Planner ·
variance to permit a 8' x 8' mud room to be .. , . .
constructed 78 ' from the front property lot .·. (Publist,ed in The Laker & Pioneer
line where 100' is required in the RA-1A Oct . 5, 2002)
•· •.-·-rri•• ·J _ . ..,., ,• ··~--·,,,.. •
Att ...... avit of Publication
State of Mi nnesota , County of Hennepin.
Bill Holm, being duly sworn on oath, says that he
is an authorized agent and employee of the
publisher of the newspaper known as THE
LAKER, Mound, Minnesota, and has full
knowledge of the facts which are stated below :
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
B.) The printed Land Use Applications
which is attached was cut from the columns of
said newspaper, and was printed and published
once each week for 1 successive weeks .
It was first published Saturday
the _5_ day of __ O_c_t_o""""b-'e;,..;:r:.__ __ 2002,
and was thereafter printed and published
every Saturday, to and including Saturday,
the __ day of _______ 2002;
&rd/k ~
Authorized Agent
Suscribed and sworn to me on this
_5_ day of October , 2002.
By:~~~t~~~~ ~ Notary Public
KRISTI HOLM
NOT ARY PUBLIC ·MINNESOTA
My Commission Expires Jan . 31 , 2005
Rate Information
(1) Lowest classified rate paid by commercial users
for comparable space : $15 .50 per inch.
(2) Maximum rate allowed by law for above matter: $15 .50 .
(3) Ra te actually charged for above matter: $7.96 per inch .
Each additional success ive week : $5.79.
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices .
. .
REQUEST FOR FURTHER INFORMATION
September 17, 2002
Mr . Robert Wiens
1425 Bay Ridge Road
Wayzata, MN 55391
Re: Application #02-2834
Mailing Address:
P.O. Box 66
Crystal Bay , MN 55323·0066
The City of Orono is required to notify you within ten (10) business days as to the status of your
application for variances. The following information is required before we can proceed with your
request.
1. Certificate of Survey indicating existing and proposed property elevations, as
discussed.
This information needs to be submitted by Tuesday, September 24, 2002 to remain on the October
21, 2002 Planning Commission agenda. Please call me at (952) 249-4600 should you have any
questions on the information requested.
Sincerely,
?JtJ~
Paul Weinberger
Zoning Administrator/Planner
Hand Delivered -September 17, 2002
# o .. (· ,.;.::, e :fl A'.fil°"''-;;;,;:l~\
Telephone (952) 2494600 . ~ F~ ,;;'t!f6i1";
www.ci.orono.mn.us
TRACKING SHEET
FILE NO. 02-2834
Staff: 1/\/.RfYMt
SITE ADDRESS : 1425 Bay Ridge Rd.
Applicant: Robert Wiens
Address: 1425 Bay Ridge Rd.
Owner: Robert Wiens
Address: 1425 Bay Ridge Rd.
Wayzata, MN 55391 Wayzata, MN 55391
D Meeting with Staff Date:
D Application Completed Date: ~-ig ..-o~ 60 Day: n~~-o ~
¢ Incomplete Notice Sent Date: q -~9 -0 d_
Copy of Application Sent to:
_i_ Engineer _ County DNR MCWD LMCD
.,Ef Property Owners Notified : Date: /U: I / -:)_Ci) '2..
~ Legal Notice Published Date: / 0 -5 -207Y)_
PC Meeting(s): \D ·c)..[-0~ Vote: --~-~~------
__ -_\_i _; _C....,_,. ~ t,.......,,.__ _____ Vote:
Vote:
10--bl-ec£ { 1-0)
Ap~ l(>-o)
-------------------
D Notice of PC Action: l O -d°d--O 0-, I / -/Cj -0 ~ -~~~~-~-,~~-~-~-----
City Council Meeting(s): [ ( -c)._'5 -O;;)...__ Vote: 15 -0 App~ )
LCD1~
Vote : ------------------
Vote: ------------------
D Resolution:
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CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
DATA PRIVACY ADVISORY
In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the
permit or license requested.
2. You may refuse to supply data, but refusal may require that the City deny the
permit or license.
3. The information may be shared with other local, state or federal agencies to the
extent necessary to process the permit or license .
4. If your requested permit or license requires Council action to approve, some
information may become public.
5. You have certain rights under M.S. 13.04 (see following page) to review private
data on yourself.
6. Your full name is required to process this application or permit.
Fhst
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I understand my rights as stated above.
lf!~k~
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Telephone (612) 249-4600 • Fax (612) 249-4616
:z:1-1 ~2·?-m·c
Phone
Sec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on whom the data is stored or
to be stored shall be as set forth in this section .
Subd. 2. Information required to be given individual. An individual asked to supply
private or confidential data concerning himself shall be informed of: (a) the purpose and
intended use of the requested data within the collecting state agency, political subdivision, or
statewide system; (b) whether he may refuse or is legally required to supply the requested data;
( c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and ( d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an individual is asked to supply
investigative data, pursuant to section 13.82 , subdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice required under this subdivision in
the individual income tax or property tax refund instructions instead of on those forms.
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored data on individuals, and
whether it is classified as public, private or confidential. Upon his further request, an
individual who is the subject of stored private or public data on individuals shall be shown the
data without any charge to him and, if he desires, shall be infom1ed of the content and meaning
of that data . After an individual has been shown the private data and informed of its meaning,
the data need not be disclosed to him for six months thereafter unless a dispute or action
pursuant to this section is pending or additional data on the individual has been collected or
created. The responsible authority shall provide copies of the private or public data upon
request by the individual subject of the data. The responsible authority may require the
requesting person to pay the actual costs of making, certifying , and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days within which to comply with the request, excluding Saturdays , Sundays and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature
of the disagreement. The responsible authority shall within 30 days either: (a) correct the data
found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or
incomplete data, including recipients named by the individual; or (b) notify the individual that
he believes the data to be correct. Data in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.
The determination of the responsible authority may be appealed pursuant to the
provisions of the administrative procedure act relating to conte sted cases.
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I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED SURVEY RAR,BAM REVISION DATE
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT :
I AM A DULY REGISTERED PROFESSIONAL ENGINEER DRAWN MJB/JLH RECORD PLAN TPK/JLH 8/98 •
UNDER THE LAWS OF THE STATE OF MINNESOTA. •
nrc::1/"~IC"n TDV
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CIT Y OF O ONO
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0-APPROV ED C>alM-. -~~o c..,o,c.. y
0 APPRO VED WITH REVISION S
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