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Home My WebLink AboutProject PacketCITY OF ORONO - GENERAL S PLA O 9, -- ---------- PROPERTY LOCATION Site Address P3,h 1)/>U)"4 l]Lo Property Identification Number (P.I.D. ) /�),n�)i��►`�( J� ,,, Please check one - Property _ abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone (home) 71 Name %'tl.J;� S/�iil�1� Phone (work) �r /� Address 7 /L � J.l)L'�� ,iRJL' k,.'j} City LL A, 2p iA ,ip 444 OWNER (if different than applicant) Phone (home) Name Address Phone City Zip Date Property Acquired (month/year) I (do) (do not) also cwn the adjacent parcels of land. ---------------------------------------------------------------------------- FEES - CONDITIONAL USE "SRMITS - Renewal Fee - 1/2 Current Fee After -the -Fact Fee - Double Current Application Fee $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg _ $250.06 d) Commercial/Industrial Use 200.00 Land Alteration Grading and filling - designated wetland or floodpiain Grading and filling - 101 cu. yt�. or more Grading, seawall, retaining wails within 75' of lakeshore PUD/PID - see fee schedule OTC APPLICATIOM $150.00 Couwarcial Site Plan Review (f consultant. fees) $250.00 vacation - $150.00 Eastsent Vacation $ 50.00 Eassisent Vacation with Subdivision $25U.00 Resoninq $100.00 Appeals i Other - sea fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property _ Residential Other (specify) ---------------------------------------------------------------------------- DRSCRIPTION OF REQUEST Describe request in detail: l.�uJ_1i�(.V taint��/NZ L"1A --------------------------------------------------------------------------- RRQUIRRD SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 3501(you can obtain this list from Hennepin County Department of Finance A-633 Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Topographic survey (existing and proposed contours) if land alter-itions involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. Plat Map. 8. As an addendum to this application, please attach a separate list of any other persons you wish notified of thi3 application. ------------------------------------------------------------------------------ The applicant and Property Owner must sign this application. Piease remember that your application is not complete if the above information has not been included. ---------------------------------------------------------------------------- Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPLICAUT'S SIGUATURE The applicant hereby agrees to provide all information required or requestea by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the beet of his/'per knowledge. Applicant's signature Date ;its}'% OWNSM SIGNATURE The owner hereby acknowledges and agree,-• to this application and further authorized reasonable entry onto the property by City staff, consultants, agen,-s, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature j L, ;�} ) 1 Date ---------------------------------------____------------------------------- Applicant must have all submittals into the City offices A25 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 a. -stings of the Planning Conwission and Council. If an applicant is unable to a,L,ita scheduled meeting, please make arrangements to have an authorized agent att4nd in your place and advise the euildieq i Zoning Office of this change prior to the meeting. IN L AlfE a3- 13 9 1 ,1 ` o' ME F-9 RuN DATE 03/09/89 lo BATCH 002 38 08-117-23 31 0001 • PROP ADDR 01400 BALDUR PARK RD OWNER NAME CHARLES 8 REID TAXPAYER CHARLES B REID NAME /AODR 1400 BALDUR PR RD WAYZATA MN 55391 • 38 08-117-23 31 0004 PRO► AMR01384 SALDUR PARK RD ONWR NAME D A V KEESLING JR TAXPAYER DONALD/YIRGINIA KEESLING JR . NAME/ADO* 1384 SALUUR PARK RD WAYZATA MN 55391 38 08-117-13 31 0007 PROP AM 00038 ADDRESS (MASSIG ED ON ER NAME WILLIAM J M FRANKLIN TAXPAYER WILLIAM J M FRANKLIN NAME/AODR BROADIKAY SALES 1000 W BROADWAY MPLS MN 55411 38 08-117-23 34 0013 PROP ADDR 01424 BALMM PARK RD • OM)NE R NAME GARY G Y I NGE R TAXPAYER GARY 6: YFNL;FR NAME/ADDR 1414 bA! Lk* PARK ROAD MAY; A 1 A PC S5391 KI 50 08-I17-23 14 0016 • PIS AM 0141t SAL" PARK RD OWN NW WORSE AVENUE HOLDING COMPANY TAXPAYER CURTIS C HAGFONtS NAM!/ADOR 141t BALOUR PARK RO . WAYZATA MN 56191 so wllt-15 34 Dote PRO AM am" AOORISt L94"mo no NINE won PUBLIC 4CCOANTIIB sEFYICts TNMAT1* "TAT11 OF Comm SPIN.`i ER IS/A000 C/0 LARKIN, HOFFIMN, DA'.Y "" 1QRMas Avg S SUITE Iwo SLOGI UMTON "m 95411 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 03-117-23 31 0002 013°6 SALDUR PARK RD TERRIS M SADLER TERRIA M SAOIE° 1346 SALDUR PARM. RD WAYZATA MN SS391 38 08-117-23 31 ODDS 01376 SALDUR PARK RD ,#:NOY L WEIHE WENDY MEIHE 1376 BAL" PARK RD WAYZATA K. 553a1 38 08-117-23 31 0006 00038 ADDRESS UNASSIGNED WILLIAM J M FRANKLIN WILLIAM J M FRANKLIN BROADWAY SALES 1000 W SROADWAf MPLS MN 55411 t6 08-117-7I 34 0014 01420 SAL" PART[ RO M R MITTMER A S K WIT"ME R WALTER R A SHARON M. WITTMER 142C SALDUR PARK RD WAYZATA MN S5391 38 08 117-23 34 0017 01408 SALDUR PARK NO JAMES P IE RNER ET AL JA►E S P ME RNE P 1406 BALDUR PARK ROAD WAYZATA MN SSS91 SA 08-117--t3 34 0020 oft" ADDRESS UNASS I QP4 0 PUBLIC ACCOUNTING SERVICES ESTATE Of EDWARD SPINDiER C/O LARMLIN, WV FM6AM. DALY 790o XERXES AYE S SUITE 1s" O+.00MI mel Ow MN EK 1I REPORT NO. PI45S401 PAGE 10 38 06-117-Z3 31 0003 01:9Z SALDUR PARK RD R H BERRY A 8 S BERRY ROGER H A BECKY S BERRY 1392 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 31 0006 00038 ADDRESS UkASSIGNE D MILLIAM J M FRANKLIN WILLIAM J M FRANKLIN BROADWAY SALES 1000 W BROADWAY MPLS MN 55411 38 08-117-23 31 0009 00038 ADDRESS UNASSIGNED WILLIAM J M FRANKLIN WILLIAM J M FRANKLIN SROADNAY SALES 1000 W BROADWAY MPLS MN 55411 38 08-117-23 34 0015 01416 BALDUR PARK RD J C ULKU RUBY E A JOHN C ULKU 1416 V IOUR PAW RD WAYZATA MN SS391 39 08-117-21 34 0018 01404 SAL" PAO 00 CHARLES AFFIAS CHARLES AFFIAS 2634 JERSEY AVE S ST LOUIS PARK MN SS426 38 06-117-23 34 Dose 00038 ADORESS UNA33I9M4t0 PUBLIC ACCOUNTING SERVICES ESTATE OF EomiW SPINDLER C/O LARUIN, NOFFNAIN, DALY 7900 x1 ma s AvE s SUITE 1"s N OCKNB!O1N MN SS&I I • RLN DATE 03/09/69 • BATCH 002 38 09-117-23 34 0031 • DROP ADDR 00038 ADDRESS UNASSIGNED ONNER NAVE PUBLIC ACCOUNTING SERVICES TAXPAYER ESTATE Of EDNARD SP NDLER NAME/ADDR C/O LARKIN, HOFFMAN, DALY • 7900 XERXES AVE S SUITE 1500 BLOOMINGTON MN 55431 • 38 08-117-23 34 0059 PROP ADOR 01426 BALDUR PARK. RI1 OWNER NAME G A H ROTH TAXPAYER GUENTHER R ROTH • NAME/ACIR 4603 ELLERDALE PD MINNETONKA MN 55343 • `i i• HErNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST 38 08-117-23 34 0032 00038 ADDRESS UNASSIGNED PUBLIC ACCOUNTING SERVICES ESTATE OF EDNAkD SPINDLER C/O LARKIN, HOTFMAN, DALY 7"0 XERXES AVE S SUITE 1500 BLOOMINsTON MN 55431 TOTAL BATCH 002 00022 REPORT NO. PI435401 PAGE 11 38 08-117-23 34 0033 00038 ADDRESS UNASSIGW D HAROLD R KITCHEN HAROLD KITCHEN BOX 418 NISSNA MN 564(18 #1391 i I CERTIFY THAT THE FACTS REPRESENTED A,.F AN ACCURATE AM TRUE REPRESENTATION Of INFORMATION AS IT ,.PPEARS THIS DATE ON THE REC0108 OF THE HENNEPIN COUNTY DEPARTMENT Of PROPERTY TAXATION )TO THE BEST Of MY K.NOtLEDGE AND BELIEF / SA JV /9,r, Y Z U • 2 Terris N. Sadler 1396 Baldur Park Road Wayzata, MN. 55391 Mike Gaffron Planning Committee Ass' taut Planning and Members Zoning Administrator First I would like to apologize for not beinq able to meet with you and explain better the request that I'm making. The nature of my work has kept me away from home sirce the first of the year. I would like to construct a retaining wall along my property line for the following reasons. First, the slope is steep making it difficult to maintain especially to mow. Second, the run off pools i.n my neighbors yard and by eliminating this slope will help him considerably. Third, this will improve the esthetics of my yard and also permit the addition of trees along the lot line without blocking my view. I understari3 your concern for the protection of the seventy fi-i foot set back. However I believe that the gradual s'�pe that this will create will be more conducive to _he absorption of rain fall than the steep grade that jw exist. I ho• my reasoning is sound and look forward for your imps and approval. Thank you, Terris M. Sadler ATM 11 N 0 • e 4 T r-,V-A?4 •44 L:'Uo 4L IJ S� A OvA 0 P,pj/ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ;75-250,* 150-500' 500-1000' ExISTING HARDCOVER IN ZONE -------------------------- A. HouSE 3 X S.F. _NGTH WIDTH s..•. x = S.F. S.F. x = S.F. f. 6ARAGE -Ir�C x l G; _ ! L S. F. C. DRIVEWAY ',�/,, ,: _ ��[ S.F. x I . _,_ S.F. D. S 1011WALK x �l S.F. x = S.F. L LATIO/CK �IN X PtAGTIC DATING x lic. Qrwtll x w.M-N--.wNM Toth. Nslt IN Zan C `% I.F. GArAl Cad F-+ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)n- % a7� 50 r- 0' EXISTING HARDCOVER IN ZONE A. HOUSE — x = c.c LENGTH WIDTH F x - S.F. -- x - F x — ___ S . F . x S.F. B. GARAGE x S.F, C. DRIVEWAY x a _ S.F. _ x - _ S.F. D. SIDEWALK x _ S.F. x = S.F. F E. QAT10/ x = S.IF• iD}EECK x = F . LANDSCAPE .__._.__.., x = S.F. AREAS UNDERLAIN BY x • 5.�. PLASTIC - SHEETING x • _ s.r. --- x • S.F. S . OTHER 3 i x i L�.G___ _ • [ . S.F. TOTAL, NARDcov-R IN ZONE - % i S,F, El TOTAL PROPERTY AREA IN ZONE - , b 1 S.F. aA1 ` GENERAT. PERMIT CITY OF ORONO 1- u.a�X ntt (,Rys AL BAY, MINNLSOTA 5323 (h 1') 473-7357 l ,►ntrw tt►r _ a�& CITY I'l RM1T NO... 7113 Date _.-.Lo r SL �` m��wi F. 4 01, ' � rnw Nu _ State Ltcenu \o - RI-.Mt.RKS AND SKCIALCONDITIONS t Pl RMIT TYPI A`1) t I I #NFW ❑ ADDITION ❑ r, PAIR In►rde Plumbing ( r tiNturr.__ ) Fee S,,..._._ I On Site Septic Sy%tcm Fee 14ata,r Meter tSiie , Mt let N _ Rcillo a tt Municipal Water 0111110, thin MunlCif►al,Sews•r ( dmiluato, m 0 PV( ❑ (,t.t Q MW(( SA( Charitt ACK NOW t.I D(.1 N I !v T Fec S� Fee S___.�..,.. Fee F t• t < i ,• •wdam"k .d %tttN r4kn'wt►dV4 P►tYtp' -11 eh;t irwned /alwtlt tltttttd*.$ —f4q% w * rot as tposoai Mtarw'�tl�+w, 1100904, te"thlae qt PittwttawtMtY -d1Nw ►1wy the wwNwpMA 00AW"t4w42 aril 00'0rt owdw+ tytwdty of Ids tlai YY Mkt t• tutttls tiwttt• tw reN to We rotb w40 Amt MT wo.0wo to M "we tv Aso""" vw4wMwtl smewsw Vatwat 000* PAM Fwd MN *ft Mstt /w+ not tmms momot" to .tmtaw Nov ptewta*& of M. Cote fAamMtw at *w" 4e. Pull at +wptaMttw AH was* oats w 60" tit mu t "Oboah wct wr INS Clew Mdowww". 4061 " MM m"ft tad& doodrumawt "WAftswwa. .wd " M will"" a ft"ems w. dMfpo*d M 001"V w+ bw Rta Coy M wd"", M dwdrAAPM We" to topmes aM am* lift" tr at tt"w ♦t *4 rwartlaw" wt Mike POOR" Water Well Mechanical Equipinent MoWns/Liftintt Nuildtnp Land Alteration (Fxcavatton Gradins. Fitlins, ctr.l lee i Fee S .._._...;..t_ Fee S FCC S Other _ Per 3 - After -the -tact Inve%lip son Fee S TOTAL State Surcharin V" sa Vb Total Amount Pr+d to (et) fev S `�'v This lyrf a i• nut tabd until the pfrWr fay is POW And it is Appv retl by An..tuthttnied (-ity (7Rtalat r p,,rt• of Apptwa+at 5►rr►,ttun� ;tt (:t� t►tt►� Jr t tdr MNr f At t M! ( M!► �Ulr$ Cam! Plea t tlttMt7 (ttM � a.! itMtt►1Mtr t !tw•. .. s/t LI nA T f TIME CITY OF ORONO CALLED IN INSPECTION NOTICE tir,HfpuLf0 •� ' .�..�.... 1 PERMlT NO. COMKLETEO -�..•�� ADDRESS - OWN I:R TELEPHONE NO. Q FOOTING (; PLUMOINGA' -I SI►E INSPECTION 3 FRAMING (] MECHANICAL E XCAV 'C.NADINGJF ILLING Q INSULATION Cj WATER HOOKUP ) LtKESHOfVffWETLANDS ('j WALL eD (] METEFI SET iTURNON J IICE NSIw, 0 rINAL (.3 SEWER HOOKUP :) COMPLAINT O mocREss n SEPTIC INSTALL :J FOLLOW U" t] OEMOL. O ring P"lv �] t' SEPTIC MAINT VNf LL TES' PUMP 7 SE/TIC FINAL FIRE►LACErWOOD BURNER 0 -- -- -- - -- -- �- COMMENTS._ Z - I 4 WORK SAT13f ACT(�p� PHuCEEO f7 PMQTO TAKE N (,OR"ECT W0I4K • PROCEED C� CONNECT WORK PALL FOR Itf INSPECTION Off OFFS M-'ERING j ConstfCT UNSAFE CONDITION WITHIN ►+OURS IN%PfCTOR WILL 14t T%"4% ti STOP O"D(RPOST( D CALL INSPECTOR IJ'NSPECTIUNnEOUIf11FO r'-41.L Tr) APFiANrF AC,CESt mll foc the , .ex t Inspectlr n 20 how s In wivance Owne►/Contr on site Inspector 473"73S1 CITY of ORONO if lit ?M 141•l'r�•1s1 KQ%, R1orwwe*" 'i.t`.1 • \1rnwipwt Ofrw" jt�ipt ing Ds C• 12•-14-e% T,w 14so" 4717.V,7 X-t ice Date 12-15-81 TO; Steven Poanick 4316 Aldrich Ave. So. Minneapolis, MN C)&Ptes to: Ronald Gehring Scott Mann C"CIL ACTION Vote: 5 For +� variance Conditional Use Permit Subdivision. Preliminary Subdivision, Final 's jr #^rt�4,�-,r*It Rikik�#k**�1k�r*�rR�k**>trRiFlik�rR***� Against Abstention MD?ZON to Recommend approval of your lot area and lot widthyaxianC -^.r sub ect to th4 f ` old T1 s anci cnndi�lnna a^t�arth to tho nric ^mom - - Planning Commission recommendation to Council enclosed fnr your e review. DFAMINE E ATE December 14, 1982 :or submittal of now information (application may be considered fonssllY withdrewif inforartion or "planatimn is not pr!svided; . X for work Permit for work to begin for work to be application comple .ed WM PERKITS ARE REQUIRED • contact Building inspector before beginning Waft, VARIANCE APPROVAL is limited to the extent show on approved plans. Do not ehljWe plans variance authority expires one Year after approval. MMMOINAL USE APPROVAL eapires upon change of ownership or use, or on doodline date specified above. pRELjmjXA'" SUUDZVISION APPROVAL final must Contact ide allZoninforwAtton and/or improv~nt s required ng Administrator. FIXAL SVSnjVTSY0" APPROVAL, - Applicant must Ravi` drawings, resolution and all other requiicd Eiocuatnts recorded, with certification of such rearrdi rr,e. t urrned to t %ve Ci • y by deadline data. at�ti�ied coptes�of oifleial itr Council MinUteg sr'I be cantactine the City Clem. Allow at 1Nst three weeks fry meeting date. +To reconssend approval k based onthefollowing lindings area and lot width of Dr. steven Poanic 1 - Lot lb, ..lock 1, sal=Park 19has been in single separate ownership piorto The tternpofed building developmentsite with the a — rounding W 3 - There is no additional land available to combine with subject property. 4 There have y rahth• buildabiliCobjections th�from lot,the neighbors as ns ave S tarea and lot width roved for the propertyrback einP1130-90oand h3-7 en PP -20 a72. such approval is subject to the following cc•nditions: ude 1 improvements) me.ynotexceed oa2t385tsfioflhardcovers► driveways, e 2 - No setback variances will be granted to the required building envelope. 3 - All Structures must meet average lakeshore setback of houses on abutting lots - staff to designate setback line. 4 - Special consideration be given in location of driveway and garage is limiting unnecessary hardcover. 5 - Prior to issuance of a building permit, applicant must furnish the City 4 quit claim deed, deeding 5` of additional right of wkv for saldur Park Road. 6 - At ':he tine of the building plan review special care should be given tc the .'rainage along t,e east banks of th* site. 7 - Applicant should be advised that a dock is an accessory structure and that a principal structure must exist on the site prior :o the issuance of a building permit for new dock line. ri CITY of ORONO Post Office Box 66•Crystal Bay, !Minnesota FZ32,39Murucipal Offices On the North Shore of Lake. Minnetonka INSTRUCTIONS FOR COKPLETING HARDCOVER CAI.CUTATION WORICSHEET 1. C.) which setback zone (0-75', 75-2501, etc.) the calculation is fc 2. For %-a item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f.). 3. Add up all the square footages to get total square footage of hardcover. 4, Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone. 5. If changes in hardcover are proposed, you should do a "before" worksheet and and "after" wc.,rksheet. If either results in percentages greater than those allowed, contact City staff before proceeding with your project planning! HARDCOVER ORDINANCE - In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surfaces ("hardcover") such as roofs driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies hav" shown that sediments, oils, and debris carried into the lake fro. - highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ,rdinance is to ensure that rainfall run-o•f will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones - Allowed Percentages: 0-75' 0% 75-250' 25% 250-500' 30• 500-1000' 33% titrd�+v r inc Iudon s - woofs - Sidewalks Paved or gravel driveways Patios i decks (includes slatted decks) 'lops of retaining walls i rock walls Decorative landscape areas underlain by plastic sheeting or fabric Any other surface that does not allow direct absorption cf rainfall into the ground vW&MG • 2OPV#G 473-7 35 7 0 ADMtiLiTXATir N A FtkAW2 - 471-13" 0 pvv"� WORKS - 473-7169 SAMPLE HARDCOVER CALCULATIONS (Note: Use a survey for a base map) Area of 0-75' zone: 75' x 110' = 8,250 s.f. Area of 75-250' zone: (112' + 152') x 100' 2 13,200 s.f. Ro^ D OMMU GILNATM ac■.c■ �, !e(■n. to 11-7S' IS-M, r*-Sw SwMA1 bnrew !•■■n.0 a hr 30•� �Hn NHw w MIU �, ■ ..r. wry. ! ■.r. lk �� ..,. —Iac• .LZ$ .... Ca . 4c(t . _M _ 1 ) l►■!■w■■ rr S■r! wr. iow}r�lwes - !w K L■w �' wt ADS 1i DATA c'4IVACY ADVISORY ;n accordance with M.S. 1S.165, "Rights of subjects of dat:a", we would 'ike 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 inform- ation. You are notified that: i. 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 reqires council action to approve, some information may become public. 5. You have certian rights under M.S. 15.165 to review private data on yourself. 6. Your full name, and date of birth are required to process this application or permit. S iL -� It Last dress 4,' 4 _�,S 1'1/ Dat• obirth (does —not apply to building/general permits) I urderstand my rights an stated above. X steau Signature CITY OF ORONO - NOTICE The Planning Commission will hold cublic hearings in the Council Chambers at 1275 South Brown Road on Monday, April 17, 1989 to review the following land use applications: 1. #1388 Charles Bertelson of 760 Tonkawa Road seeks an area variance for a detached accessory structure (garage and storage facility) in excess of the maximum allowed area of 1,000 s.f. 2. #1389 James and Charlene Mardock of 880 Dakota Avenue seek approval of an a'_=ter-the-fact rear setback variance for a deck constructed to the rear of the existing structure. 3. #1390 U.S. West Direct seeks a conditional use permit to construct an interc*,ange switching cabinet within the property located at 2845 Wear Circle. 4. #1391 Terry Sadler of 1396 Baldur Park Road seeks a conditional use permit and variance fir land alterations involving retaining wall construction within 75' of the lake where no land alteration or structure is allowed. 5. #1392 Rim Edwards of 245n Woodha•-en Drive seeks approval of an after - the -fart conditional use permit for filling and grading work in excess of 100 cubic yards of fill. 6. #1393 Washington Scientific Industries at 26G5 Wayzata Boulevard seeks a conditional use permit to allow approximately 800 cubic yard - of contaminated soil to be thin spread within a designated area on the property. The contaminated soil will be placed over existing grassy surface in a single layer 3 to 6 inches thick. 7. #1394 Jackson L. Wilson of 3059 Farview Lane seeks approval of an after -the -fact wetlands setback variance of 6' for the principal structure to an ad jacont wetlands. A 26' separation setback from a wetland is required by ordinance. 8. #1395 Thomas Williams .the owner of the property located at 4127 Oak Street seeks approval of renewal variances for lot area and lot width so that a principal residence can be constructed on the property. 9. #1396 Minnetonka Boat Works at 1449 Shoreline Drive seeks approval of a condi tiona 1 use permit and hardcover and setback variances within the 0-75' lakeshore setback area for the expansion of the commercial parking area required by the proposed increase of boat slips on both Brown's Bay and Tanager Lake. 10. #1398 Steven Howells of 1448 Park Drive seeks approval of a conditional use permit to allow the installation of. a 6' high privacy fence considered an accessory structure because of the proposed height and location within the street lards. The property is classified as a through lot requiring a conditional use permit for the installation of all accessory structures. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices, by appointment. City of Orono Bys Planning Commission Jean a A. Mabusth, Bu ng i toning Administrator To be published the week of April j, 1989. OF oR(MK' Nwftea — W*"WX n Setback vrW1C1 ore ror M1 WheWil "I+ olw- 0 conwnlrae,on wd has N00' Os In 90 Qla n Cnrltbrs is 1275 sWjC0xe to an adiwont wetlands A 2e sella- ration from a watiand is rer7trfred by or. 30ur FWAGIVY a *ivi PAW an �awwa.y Apra 1 7 1 See to tO6Chari rW Use a e. No 1306 Thontw wdfame the owner of the of 70l0T 1 Seek Cam w e eenason a leQ Tortke Road seeAa se rw veyr for property located at 4127 Oak Street aeeka aP prover of renew* varwaflcw for lot area and lot a a delac!ted ' asios eery atrUch— (garage and Mwage 'e[A eeoaee W t^w+^ree width so that a preVOW readence can be con Wructed of fee woM y aaowwe0 rse a t 000 a ' 9 N ., 13N RMnetoryy goat Works at 1 "9 t NO 1,p • •1srrlea arty CArfens MerOoca d Avanw Sso grovel of an ahr �Utlf Vomkns Drive Seeks approv* OM of a conkxW Ues PWnW rid herdC0IW and setback vrtrwcee *W- the 0-75 lakeshore leer 9eNeee t+trrance f(w a sack eon erYeastl as Norof the emstlry structure setback was fw the eg7enelon of the CommerU* Dsrk/tp area rs- >! 11s 1300 U 4 tlreat Oren wake a crwm 1wMr M prate k1 oenabun an Mreftange vurb M the propoSsd wlcreeee of boat saps on both erown's gay and Tamper Lake. 10 �� falrYtarw� eM Will . NAar L1tiS y W-0d * No. 139e Steven Howelh of 144e Park Dnw Seeks apprOvel of a cw>arlon* use per a eves 1391 terry Sao of 1Jae gash, ►srs Sea" '*no* o0nsldered 1a ten of a e' high privacy ruch" CCO"OrY*location a eeftperl* Wale Pr" ant) wart w ttw *Uareprte +agt9 reaaetr j *aa � be- Sale Of the prpposed height wt• em the street Yrrw The property k cisea111sd -QWrfn9 a s lieore0 k►fr�p10 ��so atY�r ca+dborw use per- Swats fore , the,k0tattatlon pt .1_isccissory ' RWslt at Raab *00slare n ll/tr tMe 11Ip �p 41ecurb ep% fOf . AN persona wi t*V to be heard wA apper at rn warn of too eif101VWft jf ems. qa. tap molt ltdewk VIAN W etas weir. Written rsofttrrtertte an aoadted Ptarr We for fevlrw In the City offices, by soP~ wetiltalelr NO c brc WO 01----Need See b U We, erS" prcno r 80 a •sjare/ a," at Ilia !'rtrwtp colmifnNalon ' "M61001111 see le be 'p- awed wrens a Jaar+ne A k4sWSM• a Zorwlg ft area an the OrOis" The p1rKr , eM re 0e mmwv tiny e, tralw �e M a;;I; rev 3 se a ow"s wage 1 NIe 13ea Jeckaan L tpbn of 30ee ie ► ip n The Laker rW Ptateei'Apra 3, Mar Lane seeks r re1 .d � Mtr h-iferr Affidavit of Publication State of Minnesota, County of Hennepin Bill Holm, being duly sworn, on oa'h says that he is an authorized agent and employee of the publisher of the newspaper know.. as THE LAKER, Mound. Min- nesota, and has full knowledge of the facts wnrch are stated below A.) The newspaper has complied with all the require- ments 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 whic`, is attached was cut from the columns of said newspaper, and was inted and published once each week for successive M seks It was first published Monday. the day of ' %! t g'r and was thereafter p nted and published every Monday, to and inctuding Monday. the day of r- M R ETTA A.�ST?tAU3 Authottzed Agent om% my Com r:_:xn IL re! Jan. 27, taro I Subscribed and Sworn nto me on this �— day of—�/1 _. t9_10? By Notary Public Hate infor netWn owveet :;iStalfied rite peed by 0001~421 at Wags ictr *_ bile apatoe so eo per -:14 Qt aAwiialm n rso eeewaed by wawv'Of e00v0 R-OW 0'Do per +'eh to Re/e acI,0V aflerged tar 411100• 41 --OW 94 Of PW a--" Eact+ addMpnf sorcalwvt week S3 2A OW gKlt CRRTIFICATE OF MAILING STATE OF MINNESOTA 1 COUNTY Oa HF.NNEPIN } ss. CITY OF ORONO ? I, Jamie Bosma, of the City of Orono, Henrepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of 11.391, was mailed to the attached list of property owners . In Witness whereof, I have hereunto set my hand and seal this Tth day of April, 1989. Ja ie Dogma To: Mayor Grabek & Orono Council Members Planning Cfjminission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Frost: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: April 13, 1989 Subject: #1391 Terry Sadler, 1.396 Aaldur Park Read - Conditional Use Permit - public Hearinq Zoning District - LR-IC, Single family, unaewt.rtd Application - Request for variance and conditional use permit to construct retaining walls in 0-75' lakeshore setback. List of Exhibits Exhibit. A - Application Exhibit B - Plat Map Exhibit C - Property Owners List. Exhibit D - Appi:,ant's Letter of Request Exhibit E - Survey Exhibit F - Side View (note scales) and Staff Sketch (note: scale) Exhibit G - Construction Diagram Exhibit H - Hardcover Calculation by Applicant w Exhibit I - Documentation From 1981 i 1984 Drainage Discussions to J - NOT CI �G'�Ot,.1 f l4-r'�If''L 1"7 Nw1r,.+ IJ 4tinont Code Sections - Section 10.55, Subdivisions 8 i 10 (a portion of this retainii.q wall is in the area below elevation 931.5, within the *flood fringe") Section 10.22, Subdivision 2 (hardcover in 0-75' zone) Pertinent Facts - 1. Applicant proposes to construct a retaining wall ranging from 6" to 60" in height along his easterly lot line. The wall is intended to be approximately 95, in length. The portion of wall exceeding 2' in height- wi 11 be approximately 25' in length. The. wal 1 will be just inside the lot line. 2. The applicant's house was cfonstructed in 1984 after being granted lot area and width variances. One of the concerns with that application was giving attention to drainage and grading on the east side of the property to protect the neighboi. inq residence. When ap;1 scant built the house, it was apparently suggested by staff that a retaining wall night be appropriate since the main portion of the house drainage was naturally directed towards the neighbors deck area. The solution reached at that time was a shale about 10' in froe the lot line at the crest of the slope, keeping most of the run-off on applicant's preporty but posing problems for sowing and maintenance of the lawn due to the steep bank. •�ning File 11391 Aril 1.3, 1989 age 2 of 3 3. It is clear that low elevations )n the neighbor!-' property cause him potential basement water problems du-n to run-off from applicant's property. The neighbors entire lakest.ore yard appears to be between elevation 930 and 931, very near lake level. Construction of the retaining wall as proposto, along with a swalt just in from applicant's lot line at the top of the wall, will help direct drainage away from the neighboring property. In order to accomplish this, a portion of the retaining wall will hove to be located in the 0-75' zone. 4. City Engineer Glenn Cook has rtviewed the site with the applicant and suggests that the wall be shortened up somewhat fr,jm applicant's proposal. The applicant feels that shortening it to the extent suggested by the Engineer may not solve the maintenance problems associated with mowing such a steep dropoff. Discussion - As part of construction of this rt si.dence in 1984, applicant did se) - necessary grading in the 0-75' zone to protect ntigh'-)orinq property fr--; drainage problems, however that grading was r.ot complttely effective in keeping drainage off the neighbors' property, and its r l ted in a steep bank applicant has a problem mowing. The rafsuee in this case is whether the City will allow structure and fill in the 0-75' lakeshort setback zone. The F.ngineesr feels that the area whore the wall is proposed at 3' to 5' in height can be moved back to approximately the setback of the neighbors' dock, to help reduces the visual impact of the wall. This will leave a somewhat angled slope rather than the uniform slope from side to side that the: applicant hopes to obtain. The other concern visually, is that if the !call is just inside the lot line as proposed, it cannot be adequately screened by the, applicant since any bushes he would plant would be on the neighbors' property. Also, where the retaining wall exceeds 30" above the lower grade, there is the concern that some type of shrubbery should be rlanted as a barrier to keep people from walking off the edge. Applicant notes in his letter of request that with the wall in place he will then be able to plant trees along the lot line without blocking his view. As this grades currently run, he could not expect trees to grow on the sloyo that exists, and would haves to place them from 5 to 15' into the lot at the crest of the exisLinq mlope. App 1 icart wi 11 not be at the sooting Dues to business conf 1 icts, but requests your review of the application since he is attoorting to coordinate r fining fill from the Berry%, who are going to bet constructing a now resid directly west of the app scant this spring. Holding the applicat ior for a month may eliminate his opportunity to obtain excess fill from , sorry project. Zoning File #1.391 April 13, 1.989 Page 3 of 3 Staff Recommendation -- The Planning Commission is requested to address the following issues 1. Is the retaining Nall acceptable in the 0-75' zone? 2. Should the retaining wall be placed back far enough from the lot line that it can be screened by vegetation, or will it be visually unobtrusive so that such screening is not neces-ary, given that it is perpendicular to the shoreline? 3. Based on the drainage concerns involved, can Planning Commissicn justify differentiating this fill and wall from past 0-75' zone grading applications, (many of which have been turned down)? Isn't this situation substantially different than the requests to cut down a yard and build walls to create a walkout situation? ono C. l nation Pf Bonestroo fa,txr W QDVt PE *„/:.,< ,.,�vk Pf J" Rosene Rth4vfAV PF C� Anderlik & '` ` Own Pf C,ktr, R fppft Pf Associates Pf TMiI+si1 f Now% Pf Yh,.�t Mr`.t 5.1vsW PE Engineers $ Architects April 13, 1989 City of Orono Box 66 Crystal Bay, NN 55323 Attn: Mr. Milo. .affron Re: File No. 139-1391 Terry Sadler Dear Mike, Kftn 'A Gv tr. PE' Rrnytt W Ftna• Pf 1X^W C fk$WA Pf X-i , flaP•ftn PF VAM 140,10 • Pf Tw S vf. M�.,nfry vE r Pf ata Pf M4 nww C i rain PE ramn R Msana PE 9� .*tn P A,U,• w, Pf Nr• A S& •«.e•r, ►f My h R 1kA,. Pf �n,r�as f •r9ue of .k mow.<1 A v1"f Pf hrx, t f,kr-,- Pf M6ri •. ky. Pf nrp j CaMlR Pf Maf O WiRn Pf T'Krta, R A,.JPrY 11 A f A [y.y E Rytyvf" ►f t n.rin � E•r •rr ln.� M Pawhlly •Wfr• M C7han 4.v Y fh"%n C PA We have reviewed the ferry Sadler application at 1396 Baldur Park. The application is for the construction of a retaining wall and placement of fill. A portion of the construction is proposed in the 0-25 foot lakeshore area - We would recommend that the retaining wall be extended to a point br— from the lake shore at full height and then tapered to the ground in the next 10 feet. The filling should be allowed to match f.he wall with some grading in the 0-75 foot area to improve the yard ate&. The property owner should be required to place silt fence and sod the area immediately after the grading is completed. The filling will reduce the rate of runoff slightly with no change in :he water quality running to the lake. 1f you have any questions, please contact this office. Yours very truly, PC"STROO, ROSEU, AND"IIK i ASSOCIATES, INC. €le m R. Cook GRC:li 29 1135 W1rst HJ9hWW 36 0 U. PWA IM -- k@SM 55113 • 612,63&4600 MINUTES OF THE PLANNING COMMISSION MEETING APRIL 17, 1989 61391 TERRY SADLER 1396 BALDUR PARK ROAD CONDITIONAL USE PERMIT/VARIANCE PUBLICS HEARING 8:51 P.M. TO 8:52 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to table this item until the applicant could appear before the Planning Commission. Motion Ayes-6, Nays-0, Motion passed. #1392 KIM EDWARDS 2450 WOODHAVEN DRIVE AFTER -THE -FACT CONDITIONAL USE PERMIT PUBLIC BEARING 8:53 P.M. TO 900 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Edwards was present for this application. Assistant Planning and Zoning Administrator Gaffron explained that Mr. Edwards was seeking an after -the -fact conditional use permit for gradinq and filling. The filling has occurred over the years and some of it was required by the City to protect footings. In one area there has been as much as 5' of fill brought in and the area is now fairly level and a bit higher than the road. The City Engineer has looked at the project and feels that the existing fill poses no problem. However, there should be no more filling northward due to possible impact of an existing drainageway crossing from west to east behind the house. Chairman Kelley suggested that the remaining piles of dic- be removed. Mr. Edwards stated that some of the piles were boulders. He wished to put in a retaining wall along the driveway and fill in approximately 3' and plant shrubs. Kelley asked Mr. Edwards how much of the fill he actually brought in. Gaffron indicated that Mr. Edwards was responsible for all of the fill to the east side of the house. Mr. Eevards said that he was informed by the City that the septic system was built in a relatively low area and needed fill around it to keep runoff grater away from it. There were no comments from the public regarding this natter and the public hearing was closed. It was moved by Planning Commissioner Chen, seconded by Planning Commissioner Hanson, to recommend approval of this application, subject to the recommendations of the City Engineer. As a further condition, it is recommended that the applicant plant twenty 6' pine trees in the filled areas within one year. It is further recommended that no more fill be allowed without application and approval of another Conditional Use Permit. Mr. Ca lh000, a neighbor to the east of Mr. Edwards, said that he Mould prefer to not see any fill extend onto his property. Re 13 ZONING FILE NO. 1391 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 4/18/89 --------------------------------------------------------------------------- TO: Terry Sadler COPIES TO: 1396 Baldur Park Read Wayzata, MN 55391 TYPE OF APPLICATION: Variance/Conditional Use Permit ----------------------------------------------------------- DATE OF MEETING: 4/17/89 VOTE: 6 For 0 Against Planning Commission recommends the following: Tabled for reasons noted below MM'BS AND SPECIAL CONDITIONS: Despite your regi ._.' for review in your absence, Planning Commission members who had vial-ed the property had specific questions regarding the projec and felt it was necessary that you be present. Applicant's next scheduled meeting is confirmed as: Planning Commission Monday, May 15, 1989; meeting starts at 7:00 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 rlanning Commission. P-C,-�S f2tsrr . �, MINUTES OF THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING FILE #1326-WAYZATA COUNTF1 CLUB CONTINUED the ground water issue and poten.:ial storm sewer for Chevy Chase Drive be mentioned as a separate issue to be considered at a later date? Hanson indicated that tie did not. want to include that in his motion. Motion, Ayes=2, Nays=4. Motion failed. It was moved by Chairman Kelley, seconded by Planning Commissioner Cohen, *o table application #1326, pending negotiation between the appl_cant and Mr. Hauser. Planning Commissioner Hanson states: i.-hat tabling this �.pplication was totally inappropriate in the sense that it constrains the property owner. Brown asked whether there was any way to keep the application moving forward, 1,ut allow Mr. Lauer the opportunity to negotiate with Mr. Hauser? Hanson said that was the intent of his motion and added that tabling the matter "put Mr. Hauser in the driver seat". Gaffrcn suggested that the Planning Commission make a recommendation for denial which would allow Mr. Lauer to proceed to Cc;uncil. Chairman Kelley withdrew his motion. Mr. Lauer asked whether the requirements of addressing the drainage problem would still exist if tie agreed to Mr. Hauser's proposal? Kelley replied that runoff from his lot could not be increased. Mr. Greig asked whether the failed motion included extending the berm into the Golf Course? Kelley replied that the motion, included the City Engineer's recommendations. No further motions were forthcoming. f." BRING 8:52 P.M. TO 8:57 P.M. r. Sadler was present for this matter. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that Mr. Sadler was proposing to build a retaining wall along the east side of his property. The retaining wall would be located 40' from the shoreline. The City Engineer requested that the wall be cut. back. Chairman Kelley opined that Mr. Sadler's proposal was in excess of what was necessary. Planning Commissioner Brown asked Mr. Sadler why he preferred to build the wall longer than the City Engineer recommended? Mr. Sadler explained that his proposal would provide more flat surface for his yard and would better direct water away from his neighbor's property. Gaffron said that the City Engineer's proposal minimized the amount of fill in the 0-75' zone and would be less precedent -setting. There were no comments from the public regarding this matter and the public heari,,g was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Hanson, to recommend approval of this applicatio,l based upon the City Engineer's recommendations. The hardship for 10 MINUTES OF THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING ZIL.E #1391-SADLER CONTINJED the application is the slope of the property within 0-75' of the lake. Mr. Sadler explained that there would be an area that would sweep out and asked whether he could fill it in? Kel ley replied that the City Engineer's recommendation were to be followed. Kelley suggested to Mr. Sadler that he ask his neighbor to attend the Counci 1 meeting to express his concerns regarding drainage onto his property. Motion, Ayes=6, Nays=O, Motion passed. #1399 HOMEOWNERS' ASSOCIATION OF MCCUT,LEY FARM DEBORAH DRIVE VARIAVCE PUBLIC HEARING 8:57 P.M. TO 9:00 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Several members of the McCulley Farm Homeowners' Association were present. Zoning Administrator Mabusth reviewed this application saying that the request was for a cul-de-sac length veriance. The prc-posal is for a 1,600' cul-Je-sac where the iaximum allowed is 1,000 ft. Mabusth said that McCulley Road was platted and is on record showing the cul-de-sec. The City asked that a future loop extension to McCulley Road be provided, but during the final plat phase of the subdivision application the developer opted to go with a through road and the cul-de-sac was never constructed. Eight of the 9 homeowners are requesting the cul- de-sac in order tc eliminate the road from being used as a by- pass. The residents would like to blacktop the road but fear by doing so traffic speeds would increase. Mr. Michael Pierce, 480 Deborah Drive, objects to the cul- de-sac. He said that he had bought his property 7 years ago and that the through road existed at that time. He preferreo to exit from the end of the road being proposed for cul-de-sac. He believed that allowing the only access to be onto County Road 6 to be a safety hazard. A representative of the residents favoring the cu. -de-sac said that there would be no change in response time for the Maple Plain Fire Department. The Orono Police indicated that the cul- de-sac would only slightly increase .response time. He said that Lt. Cheswick has confirmed that Deborah Drive is being used as Z: taut -off. He said that 7 of the 9 homes have children ranging in age from 1 to 15 who use the road for bicycles, etc. Kelley asked whether the 8 residents in favor had so indicated in writing? The Representative ar wered negatively. Kelley suggested that the residents through the Homeowners' Association prior to seeking aplal from the City. He said that the Homeowners' Association vi would carrl weight when the application was being considered the Planning Commission and Council. ll ZONING FILE NO. 1391 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 5/16/89 -------------------•----------------------------------------------- TO: Terry Sadler COPIES TO: 1396 Baldur Park Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance/Conditional Use Permit •----------- ----------------------------------------------- DATE OF MBETING: 5/15/89 VOTE: 6 For 0 Against Planning C, ission xecon ends the following: Approval subject: to conditions not-! below NOTES AND SPECIAL CONDITIONS: Planning Commission recommended approval per the recommendations of the City Engineer (copy attached). Applicant's next scheduled meeting is confirmed as: City Council Monday, :Tune 12, 1989; meeting starts at 7:00 p.m. If you wish to submit additional information for Council review, please submit it by Tuesday, June 6, 1989 for inclusion in the Council packet. 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. 9 J+ine A9 Charles Reid 1400 Baldur Park Road Wayzata, MN 55391 Orono City Council City of Orono Dear Council Members, I am writing this letter to offer support to the proposed construction of the retaining wall on the property line between my property, and my neighbor's, Terris Sadler. I feel that this retaining wail will help eliminate the current rainfall run-off and water accumulation problem on my property. Having reviewed Mr. Sadler's plans, I have no objections to the esthetics, or the construction details. Please feel free to contact me if you have any questions, or require any further information regarding this issue. Sincerely, A Charles Reid, `. To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: June 6, 1989 Subject: #1391 Terry Sadler, 1396 Baldur. Park Road - Variance/Conditional Use Permit - Resolution Zoning District - LR-lC Application - Request for variance and conditional use permit to construct retaining walls and place fill partially within 0- 75' lakeshore setback. List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Planning Commission Action Notice of `/16/89 Exhibit C - Memo & Exhibits of 4/13/89 Discussion - Please review the memo and exhibits of April 13, 1989. The applicant's lakeshore yard drops steeply to the side lot line, making the yard area difficult to maintain and limiting its usefulness. The applicant wishes to construct a length of retaining wall along the side lot line, and fill behind it to create a more level yard area. The proposal calls for a retaining wall to extend from near the house up to a point 40' f rc m the shoreline, the wall being approximately 95' in length and the portion of it more than 2' high being approximately 25' 13ng. Approximately 60-80 cubic yards of fill would be placed behind the wall.. City Engineer Glenn Cook reviewed the site and the proposal, and felt that approval of the wa'1 as proposed would be somewhat inconsistent with past City practice regarding changes to grade within the 75' setback zone. Glenn recommended that the wall be extended to a point 80' from the lakeshore at full height, and then tapered to the ground in the next 10', to a point 70' from the shoreline. This would reduce by approximately 1/3 the total amount of fill to be brought in. The applicant feels that Glenn's recommended plan will not accomplish applicant's goals, but will merely move the et ep, non -maintainable slope further out from his house. Glenr. '_so suggested that it would be appropriate for the adjacent neighbor to place a few inches of fill near his house to provide a positive grade away from his house to the lake. Sadler feels that construction of the wa l l p*r Glenn's recommendation will also not help to alleviate run-off from Sadler's property to that of his neighbor. Zoning File #1391 ,Tune 6, 1989 Page 2 of 2 Planning Commission at their meeting of May 15th voted 6-0 to recommend approval subject to the recommendations of the City Engineer. Planning Commission felt that the wall. as modified by the City Engineer would not be visually obstrusive, and that the magnitude of grade change proposed was minimal and necessary to provide for safe maintenance of the property. Planning Commission did not condition approval on any specific screening requirements. Staff would note that with the wall up against the lot line, any screening of the wall. would have to occur on the neighbor's property. With Glenn's recommendation, the wall ends very near the neighbor's deck, and vegetative screening would not be necessary. Staff Recoeendation - Although applicant has stated he feels the Engineer's proposal does not accomplish applicant's objectives, staff would recommend approval per the Engineer's recommendation as providing the least disruption near the shoreline. However, if Council feels applicant's proposal. has merit, Counci 1 should consider whether screening is necessary for the lengthened wal.l., and if so whether the wall should be moved back into the property in order to allow room for shrubs to be planted on the low side. A resolution reflecting the Planning Commission and Engineer's recommendation is attached for Council review. Staff would further recommend that Council visit this site to get a first-hand look at the situation. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING � A VARIANCE TO MUNICIPAL EONINC 4 1 l/ J SECTION 10.22, SUBDIVISIONS 1 i 2 AND SECTION 10.55, SL:BDIVISION 8, AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE #1391 WHEREAS, Terry Sadler (hereinafter "the appli ") is the owner of the property located at 1396 Baldu: Park Ro ithin the City of Orono (hereinafter "City") and legally described as follows: Lot 16, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono to permit construction Df a retaining wall and placement of fill within the 0-75' :akeshore setback zone, requiring a variance to 14unicipal Zoning Coda Sections 10.22 Subdivision 1 and - and 10.55, Subdivision 8, and a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision. 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewec; as Zoning File 1391. 2. The property is located in the LR-IC Singl( Family Lakeshore Residential Zoning District. a. The Orono Planning Commission reviewed this application on May 15, 1939 and recommended approval of the proposed variances and conditicnal use permit, per the recommendations of the City Engineer; based on the following findings: A) The applicant's proposal included a retaining wall cons-ructed along the lot linis to a point as close as 40' to the shoreline, with fill being placed as close as 35' from. the shoreline. The City Engineer recommended that tha wall be no closer than 70' from the shoreline with fill no closer than approximatel 45' to the shoreline. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. B) The Planning Commission finds that the City Engineer's recommended modifications to the proposal provide a plan that is more consistent with past Cit practice regarding fill in lakeshore areas, while stilly providing applicant with the ability to improve his property by increasing its maintainability and usefulness. C) The Planning Commission finds that the retaining wall as originally propose3 by applicant is not strictly neces�a-.y to accomplish the applicant's objectives. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the -ariance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds t..'iat granting a conditional use permit to allow the retaining wall and fill in the 0-75' lakeshore setback zone 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 it 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. MINCIZS1ONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a , ariance to Municipal Zoning Code Sactions 10.22, Subdivisions 1 and 2 and Section 10.55, Subdivision 8, and grants r conditional use permit per Section 10.03, Subdivision 19, to permit the construction of a retai g wall and placement of fill within the 0-75' lakeshore setback sone where no such walls or fill are normally allowed, :pub ject to the following conditionss Page 2 of 5 cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. The retaining wall shall extend no closer than 70' from the shoreline, per the recommendations of the City Engineer. 2. Fill to be placed on the property shall extend no closer than 40' from the shoreline. 3. Applicant shall generally adhere to the grading and retaining wall plan attached hereto as Exhibit A. 4. Only clean fill as defined in the Zoning Code shall be placed can the property. 5. Suitable e.rosie- controls shall be maintained in place during the grading a.id filling process. The disturbed yard area shall be seeded or sodded immediately after grading is completed. 6. Authorities granted by this resolution run with the property not with the applicant, 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 (June 12, 1990). 7. 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 .. misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this esolution in the chain of title of the property. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the Orono city Council o•., this 12th day of June, 1969. ATTEST: Dorothy M. Hallin, City Clerk Propertyowner s STATE OF MINNESOTA ) ss. COUNTY OF hT'Wc&PIN ) James R. Grabek, Mayor The foregoing instrument was tzknowledged before rie on this 12th day of June, 1989, by .Tames R. Grebek & Dorothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of , 198 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) on this day of , 198 , before me a Notary Public within and for said County, personally appeared known to me to be the person(* escribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMTSSION EXPIRES r Page 5 of 5 CL? • TO: Mayor Grabek and Council Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson FROM: Michael Gaffron, Asst. Planning 6 Zoning Administrator DhTB: June 22, 1989 SUBJ: 11391 Terry Sadler, 1396 Baldur Park Road Variance/Conditional Use Permit -Resolution of Denial Discussion: At your June 12th Meeting, Council directed staff to draft a resolution for denial, and voted 5-0 to conceptually deny the request for filling and construction of retaining walls in the 0- 75' setback zone. A resolution for denial is attached for Council review. Proposed Motion: Moved by , seconded by , to adopt Resolution # , denying variances and a conditional use permit for construction of retaining walls and placement of fill i,i the 0-75' lakeshore setback zone at 1396 Baldur Park Road. Ayes , Nays t.xv�ti r«� t. -4""Vw r APPLICATION NO. 1391 CITY OF ORONO P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 473-7357 Date of Notice: 6/22/89 ---------------------------------------------------------------------------- TOs Terry Sadler COPIES: 1396 Baldur Park Road Wayzata, MN 55391 --------------------------------------------------------------------------- ?TFa OF APPLICATION: Variance/Conditional Use Permit ----------------•----------------------------------------------------------- DAWN OF MEETING: 6/26/89 VOTE: 5 For 0 Against --------------------------------------------------------------------------- COUNCIL ACTION - NOTION: Final adoption of denial resolution. Copy attached for your files. Please contact staff if you wish to consider fill/grading/retaining walls outside the 0-75' setback zone (permit would be required). If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 26, 1999 ZONING FILES #1326 i #1407-WAY7.ATA COUNTRY CLUB/HAUSER what should be done with the drainage situation. Staff is directed to address the problems expressed by Mr. Nelson regarding his culvert. Mayor Grabek suggested that the two subdivisions be combined into one plat. Mr. Downey asked about the need for the outlot along the northern border of the property. The Council agreed that it was important that the outlot be designated at this time. Mr. Greig asked where the responsibility would lie should he suffer water damage due to this subdivision? City Attorney Representative Whitney replied that the City would probably be responsible, but it would be necessary to research that issue further. Mayor Grabek asked that the City Attorney provide a legal opinion in that regard at the time this application is brought back for final approval. Motion, Ayes-5, Nays-0, Motion passed. d�'PMM ROAD DRMIAL MRSOLUTION #2649* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2649, e..enying variances and a conditional use permit fo:- construction of retaining walls and placement of fill in the 0-75' lekeshore setback $ore at 1396 Baldur Park Road. Motion, Ayes-5, Nays-0, Motion passed. #1410 JULIE PRINEAS 1980.Rzk is GB DRIVE VARIA = RRSOLUTION #2650 Ms. Carol Laquay was present on behalf of *he applicants. Mr. and Mrs. Robert Stierna were present, as was Mr. Nelson, the adjacent property owner to the north of the Prineas lot. City Administrator Bernhardson explained that the septic testing had been done to determine whether there was an alternate site location to the rear of the property. An acceptable site was found and this will allow the driveway to be placed in the middle of the "neck" portion of the lot. There would be no need for a shared driveway with the Stiernas. Ass=,.stant Planning and Zoning Administrator Gaffron noted that as a result of this newly defined alternate septic site, the building envelope would also be enlarged. Mt. Stierna said that he had met with Mr. Prineas to discuss a proposal :.hat would be mutually beneficial. Mr. Stierna said tbat 4 t was agreed that the driveway would be placed along the north side of the property and then would swing down within 30` of the lot edge. 8e said that a legal document was drafted by a lawyer hired by the applicants depicting that arrangement. He said that he and his wife had signed the agreement, but shortly before this evening's sooting he received a call frr-m Mrs. Prineas saying that they would not sign the agreement. S City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 649 A RESOLUTION DENYING VARIANCES To MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2, AND SECTION 10.55, SUBDIVISION 8, AND DENYING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISIONS 19 a 20, FILE #1391 WHEREAS, the City of Orono is a municipal corporation organized anH existing under the laws of the State of [Minnesota; and WHEREAS, pursuant to Minn. Statutes 412 and 462, et. seq., the City Council of the City of Orono has adopted a Community Management Plan and Zoning Regulations for the protection of the Public health, safety and general welfare; and WHERPAS, Ter-y Sadler (hereinafter the "applicant"), is the owner of property located ac 1396 Baldur Park Road and legally described as follows: Lot. 16, BALDUR PARK., Hennepin County, Minnesota, thereinafter the "property'); and WHEREAS, the applicant has applied to the CIt_Y Gf Orono (hereinafter the "City") as follows: '. For variances seeking approval of land alterations conducted within 0-75' of the Lakeshore of Lake Minnetonka where no land alterations are allowed per Section 10.22, subdivision 2, and Section 10.55, subdivision 6; and 2. For a conditional use permit per Section 10.03, subdivision 19 and 20, for land alterations including placement of fill and cor:struction of retaining walls within -he 0-75' lakeshor3 setback zone; and W192REAS, the City Council of Orono has reviewed the application; the recommendations of the City staff and Planning Commission, the comments of the City Engineer, the written statement submitted by the applicant's neighbor, and the commonts and written statements of the applicant. Page 1 of 7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 649 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono, hereby denies the application for placement of fill and construction of retaining walls in the 0-75' lakeshore setback zone based upon one or more of the following findings of fact concerning this property: FINDINGS 1. This application was reviewed as Zoning File i1391. 2. The property is located in the LR-1C Lakeshore Residential Zoning District and contains approximately 0.30 acres in area. The LR-IC District requires 0.50 acres in area. 3. Applicant constructed a single family resident- '% - property in 1984, at which time grades around the residence were established. The applicant maintains that the grades established at the time the residence was constructed do not allow for eaEe of maintenance of the lawn in the area proposed for fill, and that placement_ of fi11 and construction of retaining walls as proposed will alleviate this problem. Applicant ulso maintains that the fill and retaining walls in '_te 0-75' lakeshore setback zone are necessary to prevent drainage from flooding the neighboring property. 4. The applicant proposes a .retaining wall along the side lot line to a point as close as 40' from the store 1 ine, with placement of fill as near as 30' to the shoreline. 5. The City Engineer reviewed the proposal and recommended that the retaining wall be constructed no closer than 70' from the shoreline, and that fill placement be limited to only t'►at necessary to fill behind the wall and such f i l l being placed no closer than 45' to the shoreline. 6. On May 15, 1989, the Orono Planning Commission reviewed the proposal and recommended approval subject to t�-e conditions recommended by the City Engineer as noted above, finding that the retaining wall as originally proposed by the applicant is not strictly necessary to accomplish the Page 2 of * City of ORONO RESOLUTION OF THE CITY COUNCIL NO. : applicant's objectives; and finding that the City Engineer's recommended modifications to the proposal provide a plan that i= more consistent with past City practices regarding fill in lakeshore areas, while still providing applicant with the ability to improve his property by increasing its maintainability and usefulness. 7. At the Regular City Council Meeting on June 12, 1989, the City Council voted 5-0 to conceptually deny the variances and conditional use perrrit in their entirety, finding the proposal not supported by the necessary hardships and as not being consistent w_th the City's stated policies and past practice regarding work in Lakeshore zones. The Orono Council further directed City staff to draft a resolution of denial. 8. Until after the application for variances and the conditional use permit was recommended for only limited approval by the Planning Commission, the City had received no complaints from the neighboring property owner regarding runoff and water accumulation problecrs on his property. The accumulation of runoff waters on the adjacent property owned by Charles Reid at 1400 Baldur Park Road, has not been demonstrated to place the neighboring residence in jeopardy f flooding. The adjacent property at 1400 Baldur Park Road is naturally lower in elevation than the applicant's property. Construction of the retaining wall and placement of fill on applicant's property would not necessarily eliminate any runoff accumulation problem that. ray exist. Such a problem might be mole appropriately ;addressed by minor additions of fill or site grading on that neighboring property. 9. The proposed retaining wall and f ill wi 1 l have a visual impact from the Lake, and the proposed location of the retaining wall abutting the lot line would not allow for appropriate screening within applicant's property. 10. The land alterations proposed to be conducted within the lakeshore protected area (0-75' from the lakeshore) are found to be in conflict with the following principles and goals set forth in Orono's Community Management Plan: Page 3 of 7 .: At City of ORONO RESOLUTION OF THE CITY COUNCIL NO. .<54=' Z: sH RO ELAND. FLOOD PLAN AND Y- C.M.P. 3-9 ORONO'S MANY MILES OF SHORELI14E ARE £SPECIALLY SENSITIVE TO MISUSE OR OVERDEVELOPtiENT. An the interface between land and water, the shoreline is ever changing. Shorelines are subject to continual erosion by wave action, ice buildup or unstable soil conditions. Droughts dry out vegetation and heavy rains or snow melt cause land slipage. On top of these natural pressures, man is drawn to the lake and the shoreline often becomes nis battleground with nature. Lake access often means active use and construction of buildings and structures causing unnatural soil loadings, vegetation removal, and land alteration. Exposed a oil becomes more subject to erosion and man-made hardcover increases direct runoff quantity and speed. Power boats increase wave action and, more damaging, stir up the lake bottom causing release of nutrients and increased turbidity. The impact, of course, is a degradation of water quality, impaired lake access and a change in the natural aesthetics which drew people to the shore in the first place. Legal considerations become entangled when lot descriptions conflict or become inconsistent due to changing water levels or shoreline locations. Therefore, planning considerations must recognize the desirability of human interaction with the lake while at the same time providing for protection of nature's sensitively balanced oreline ecology. AND USE - C.M.P. 4-6 TVCIPAL GOAL OF ORONO'S PLANNING PROGRAM IS TFiE PROTECTION OF NATURAL "At -ES AND ENVIRONMENTAL AMENITIES, PARTICULARLY THE WATER QUALITY OF AINNETON}:A. The Environmental Protection Plan emphasizes Orono'- 4 tue environmental position in relation to the long-term health of Lake Ninnetonxa. Land use anti development will not be permitted at the expense of environmental protection. Retention of natural vegetation, lie' ,r. and open space will be promoted. Shorelines will br protected : ':ri and alteration. Wetlands and marshland will be protected and nre as wildlife habitats, unique open spaces and most importantly as economically practical method of flood protection and storm water runoff filtration. GENERAL ,.AND USE POLICY NO._2 - C..M.P. 4-12 2. OFtQN s LAND USE PLkNS WILL BE BASED UPON ENVIRONMENTAL PROTECTION POLICIES. Land use and development must assure the conservation, protection and preservation of sans`tive environmental resources in accordance with the goals and policies of 'he Environmental Protection Plan. Land use policies wtll encourage the wise rise and manasament of natu,..l resources while prohibi`:ing their City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2649 GENERAI %AND USE POLICY NO. 6 - C.M.F. 4-13 6. LAKE SHORELINES WILL BE PROTECTED FROM ALTERAT-014. Shoreland areas, whether bluff, beach or. !loodFlain, are sensitive environmental features with significant impact on lake water quality, aesthetic values and land use function. These same factors act to draw development which can Le destructive if not properly regulated. Natural vegetation in shoreland areas will be preserved insofar as practical and reason- able in order to retard uurface runoff and soil erosion, and to utilise excess nutrients. Clear - cutting will be prohibited. In areas of soil cr wave action eresior., matbritl stone rip rap shoreline protection will be encouraged. GENERAL LAND USE POLICY NO. 13 - C.M.P. 4-15 13. FUTURE DEVELOPMENT rlUST ENHAI;CE THE ENVIRONtIENT . Land development should respect and enhance the unique nat- al features of the site and the general environmental assets of the community. preservation of natural views, vegetation, drainage end general respect for unique site features always produces more aesthetic results and lasting value for the property rvner and the community than does wholesale alteration of the landscape �.yr mathematical division to the highest possible density. URBAN LAND USE POLICY NO. 13 - C-mt r. z-19 13. RETENTION OF t;ATURAL VEGETATION WILL LIMIT THE IMPACT CF URBANIZATION AS VISIBLE FROM THE LAKE. Building heights will be limitei to less than the typical tree height. Minimum green belts will be provided with pro- hibitions against ^learcuttin4 or excessive thinning of vegetation. Natural vegetation will be preserved st. slopes and retaining walls will be discouraged eac*pt wher absolutely necessary to prevent erosion, in which case they will be screened w_'th natural vegetation. /sl City of ORONO RESOLUTION OF THE CITY CGUNCIL 1U0 2649 11. The granting of the required iria.ices would result in the following violations of Section 10.08, Subdivision 3(a ) of the Zcning Code with which the applicant must first comply before the requested variances can be �rar.ted: a. The granting of the requested variances would appear to serve merely as a convenience to the applicant as there have been no valid hardships demonstrated through the review of this application. b. Tile granting of the application is not necessary for the preservation and enjoyment of the substantial property right of the applicant. C. Granting of the variance will tend to alter the essential character of the locality. d_ The property in question can be put -o reasonable c_e under conditions allowed - y the official controls. Alternative, low maintenance types of ground cover can to established that will eliminate the applicant's stated safety concerns. Adopted by the City C on this 26t.h day of June, 1:0' of the City of Orono, Minnesota, :tam C,rabek, M r 'Ine foregoing instrument was acknowledged before me on this 26th day of June, 1989, by Janes R. urabek 6 Dorothy M. Ha l l in, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrur,.ent was executed on behalf of the City. (, ) 1 Notary pub ccukry .. L My Comissl Pave 6 of 7 City of ORONO S T2 SOTA £S. COUNTY OF HENNEPIN 2ESOLUTION OF THE CITY COUNCIL NO. 2649 k this day of 198_ be:iore rr,� a Notary Public within and ror said county, personal l f npeared known to me to he she person(s) described i and who executed the foregoing instrument, and acknowledge4 that he (the;,) executed the same as h-s (their) free act and de•?d. NOTARY PUBLIC MY COMMIS5-1,5N E::P_RES STAT:1-- OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this _ _ day of __ , 198 , before me a Notary Public �.: thin an, foz said County, personally appeared known to %ie to be the asrson(s; described in and who executed the foregoir.gins:_ument, and acknowledged that he (they) executed the Sarre as his their) free act and deed. NOTARY PUBLIC MY COMMISSI00 EXPIRES page Iof S C-A r r � KFTt�K Q 7 V I e " rOr-) t^k t o wT . 49:9.-Iw- S*CT 10" V ILF " Iwoft *O-k 4j�'A-1,,Ir #--C 4ok V I S WAJ f X&Jr/ a NJ t"'Jejorp- LIF*Vipf- LLllf-pw- - ". P.01, I tA4'-J LTA -75 n. 04 C-w-