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HomeMy WebLinkAboutProject Packet4:f-iV br Receipt CITY OF ORONO - #DIVJOW APPLICATION ------------------------------------------------------------ PROPERTY LOCATION Site Address Undssiyned Property Identific. `ion Number (P.I.D. ) 08-117-23 31 0006-UUD Please check one - Property _ abstract or torrens? Attach logal description to application. --------------------------------------------------------------------------- APPLICANT Phone (home) Name ldreo R. Frdnkl in Development Phone (work) Address: 1.3237 Orchdrd Rd. City: ;1tk,,. Zip: 553•",3 --------------------------------------------------------------------------- OMNER (if different. than applicant) Phone (home) Name Phone (work) Address: City: zip: (attach list if more thai, one) ------------------------------------------------------------------------------ EXISTING LAND USE Number of Tax Parcels I Development Size ;.) Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check) Residential; no. of units ether (specify) r,1C,u,t parts . une Px r,t. residential unit. Present Zoning District --------------------------------------------------------------------------- PROPOSAI, Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sitc•s: Existing Units 20 New Units 20 Total Units Proposed Gross Density: 23 Units per ! Acres 6.67 units/acre,. ,Minimum Lot Size: 1«_OUJ. �q Feet Dry Su:ldable, Land Proposed Use: (chock) Residential Other ( sF c-: f y' MINIMUM MATERIAL NECESSARY POR COMPLETE PRELIMINARY AI'I'LICATION 1. Completed Application Form 2. Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 330' !you must obtain this list from Hennepin County Department of Fin.ince A-603 G(jV': Center 348-3271). '4-:1, Stamped, legal sized envelopes (M10) pre -addressed to each of the names on the above list with no return addresF (use address labels obtained with property owners list). 5. As an addendum to this application, please attach a separate list of any other person- you wish notified of this applicatior. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature Date 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature Date --------------------------------------------------------------------------- rim xx Sketch Pian Review (Class :, II 6 III) $150.00 Preliminary Review (Class 16 II Subdivision) 250.00 Preliminary Review (Class III and all nun -residential) 300.00 + 20.00/Lot Final Plat Review (Class III) 150.00* *(Plus any legal or t—igineering charges) --------------------------------------------------------------------------- The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council ne-essary to process this application and further agrees to pay all additional fees established by ordinance. - ZApplicant's Signature - Date � 15` � � Q Owner's Signature \� �_ _.� �� Date AE,plicant must have all submittals into the City offices 25 days betare tt.e Planning Commission M,etinq. Planninq 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 _n applicant is unable to attend a scheduled meeting, V:lease make arrangements to have ar authorized agent attend in your place ant] to advise the Huil,a•nq 6 7on.nq office of this change prior to the meet:nq. CITE' of ORO NO Nest tlffice Box 66e('rvsual Hay. Minnesota :634 i•Municipal Offices On the North Shoe of Lake Minnetonka CATA PPIVAC'i .ADVISORY In accordance with t:.4. 15.165, "Rights of sub]ects of data", we would like: to inform you that your request for a permit_ or license frcn the City of Orono or any of its departments may require you to furnish certain private or confidential inform- ation. You are notified that: 1. The information you Furnish will be used to determine You- qualification for the per.��it or !:tense requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. ;. ,he inform-- tion -4., be shared wit:; other local, state or federal agencies to the ^x:.ent :ie.ess-iry to process `_!]e ;:ermit or 1ic:ensa. rtques ted '_:erm; t Or l:ct'n. -- : e i-cs i JunCll _ic•n tc apr:ra•:e, son-I.L. :,-,formation ,J:ecoma public. 5, have tertian ri;ncs under M.S. 15.1b� t� review ate data ci: yourself. 6. Ycur full nar'e, 3r,d rate of birth are required to prcc•2ss this application or permit. NARCO 131c'Haxu F'BAa 1!: — - — First ._. st Lim rr A.1 reti 3-4-t)i1 Cate ut birth (maces not apply to bui_ding/?eneral permits) f> iK-4iflt+ - Phune I \Ur4l 'and .fty rinhts as sj,9Tec) above. X �f, /t1A1Vl. ♦' 1 11 • IW MKTRA nU% & MA\!! ♦7 V? 154 0 M BI lu ►►flak♦ 471 ; 3N SM.04 RIGHTS OF SUBJFZ` S OF DATA Subdivision L Type of data- The rights of individuals on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information requited to be given individual- An indvidual asked to supply private or confidential data concerning himself shall be informed of: q) :he 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 consecuence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state o: federal law to receive the data. ;his. recuirement shall not apply when an individual is asked to su. Dlv ir.•:es:icat:ve data, pursuant to section 13.8z, subdivision 5, to a law enforcement o:ficer. The commissioner of revenue may place the notice recuired urde" •s subdivision in t1le unc!v!aual income tax o: property tax re:und ors:ructions irsteac of on :nose corms. Subd.3. Access to data by individuaL Upon request to a responsible authority, an individual shall be informed whether he is the subject a stored data on individual, and whether it is classified as public, private or confidential. Upon further request, an individual who is the su5iect of stored private o: public data on individuals shall be shown the data without ahat datae to him Afte and,if indiv des; -has shall 5e informed of the content and meaning shown the private data and informed of its meaning, the data need not be disclosed to him for six months :hereafter unless a dispute or action pursuant to this section is pen ing or additional data on the individual has been collected or created. Ttie responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible au ,ority may recu:re the al costs of making, certifying, and compiling the requesting person to pay the actu copies. ssible, wlih E 7y request The responsible authority shall comply :-!mediately, if pc made pursuant to :his subdivision, or within live days of the date of the request, exciudinb Saturc.�-s, Suncatis and legal holidays, if immediate compliance s not possible. If he cannot comply with the recues' within that time, he Shall so irfor�m the individual, and may have an additional five days within which to comply wi•h -agues:, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individ"ual may contest the accuracy or completeness of public or private data concerning himself exercise this tight, an individual shell notify in writing the responsible authority describing :he nature of the disagreement. he responsible authority shall within 30 da%s either: (a, correct the data found to 5e :zaccurate or incomplete and attempt :o notify past recipients of inaccurate or incomplete data, including re=ipients named �y the individual; or (b) notify the individual :hat he believes the data to be c^'re::• Data in dispute shall be disclosed only if the individual's stater:!ent of disag'ee.me^::s included wish the ;tselosed data. The determination of :he resxrsibie a:;thor::y may be appealed put -Sun"•: :o provisic;s of :ne acnir.:s:-at, pro^educe act relating to c:r_*estec cases. HARDCOVER CALCULATIC'I Ir'OR r.;;t-' SETBACK ZONE: (CIPC._E ONE) 0-75' EXISTING HARDCOVER I.I ZONE S ------------------------ A. HOUSE 1 x S.F. �Z p LE;IG7H WIDTH 0 z 2 - z x - _ 'LLCM S.F. _ X SOO S.F. 3 X = _ S.F. X = S.F. U) B. GARAGE 2 X - 2 400 S.F.J v %z ul C. DRIVEWAY�� X S.F. pl aL Z � � N lfl 9 - x = S.F. D. SIDEWALK ��? % X S.F. _ O S.F. 3 Z E. ATIO/ x = S.F. y �EC< � � x = 12.1(40G0 S.F. citT F.LANDSCAPE x = S.F. d AREAS �' ck UNDERLAIN%) 'yf 2 Cic= BY X = S.F. p+ PLASTIC F- SHEETING X = .F.� Rol x _ = S.F. v ro �� G. OTHER x S.F = — ~ _ , TOTAL FAROCOVER IN ZONE - TOTAL PRCPERTY AREA IN ZONE ------------- a 27,3'1 S.F. D x '.CQ - _-4-A C AZrvat, 24 Tot Planning Commission Chairman Kelley / Orono Planning-ommission Members City Administrator Bernhardson Fromt Jeanne A. Mabusth, Building 6 Zoning Administrator Date- September 13, 1989 Subjects #1460 Marco Franklin Development Company, 1340 Baldur Park Road - Sketch Plan Review - Suhdivision - Condi*ional Use Permit for PRD Pertinent Ordinance - Section 10.25 - LR-lC zoning district. Specifically review purpose/intent of zoning district as follows: 1. Provide medium density residential development and limited "agricultural" activity. 2. Cannot endanger quality of story+ water run-uff into Lake Minnetonka. 3. Special lakeshore standards are to he employed in the development of property in order to protect the lake. 4. The property must have immediate access to highways and public sanitary sewer. Section 10.25, Subdivision 4 (A) - A conditional use permit required for Flanned Residential Development. Note that such development shall not be limited to detached single family structures. Section 10.32 - Standards for a Pianned Residential Development. Please note the PUD recent ordinance is not available to this area of the City and is only available to the corridor defined adjacent to Highway 12. Section 11.10, Subdivisions 6, 7, 8 - Sketch plan review under the subdivision regulations. Review intent of sketch tian review. Zoning District - LR-IC Application - Residential subdivision/conditional use permit for 20 unit PRI) - sketch plan review. Total Area: Applicant's determination - 122,000 s.f. or 2.8 acres Staff's determination = 118,017 a.f.* or 2.71 acres Zoning File #1460 September 13, 1989 Page 2 of 4 • This area ii- determined at the 929.4 elevation or ordinary high water mark and would include all areas on the pennisula that are either at or above tho 929.4' elevation. Per Section 10.22 and Section 10.55 of the Municipal Zoning Code, this is the only area that can be considered for development purposes in determining allowed densities. Proposed Unit Density - The density allowed (per Section 10.25 and Section 10.32) = 5 units or 23,603.4 s.f. or .54 acres per unit Proposed by IkI,olicaut = 20 units or 5,900 s.f. or .14 acres per unit List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Survey - Designing Building Envelope 6 Flood Plain Elevations Exhibit D - Resolution Exhibit E - Survey Exhibit F - Plan of PRD Review of Application - The applicant's current proposal includes Lots 30 and 31, currently unler set,arate ownership. Staff has been advised by the present owner that they are not part of this application which would result in a reduction in the area calculations noted above. The PRD plan shows a combination of 9 duplex units ai.d 2 single family units. Units 16-20 are totally located within the 75' setback area designated by the dashed line running parallel to the shoreline. Portions of structures 1, 2, 3, 13, 14, and 15 are also located within the lakeshore protected area. Note driving and E;arking areas have also been placed within 75' of the lakeshore. In PRD developments that contain shoreline, the lakeshore protected area may be used to qualify against density, but the lakeshore setback of 75' and hardcover regulations shall be applicable for development as directed in the purpose and intent of the I,R-IC zoning district. Hardcover calculations have not been noted by the applicant but clearly we are dealing with excessive amounts of hardcover within the lakeshore protected area and within the building envelope within the pennisula that consists of approximately .58 acres. Maximum hardcover within that def fined enveiole would be limited to 5,5(10 s.f. Zoning File 11460 September 13, 1989 Page 3 of 4 In early 1982, the City was asked to consider a four -unit PRD of the pennisula area. The City advised the applicant that they would have to deny the four -unit PRD because c. *;o excessive variances sought to hardcover with the application. :n light of the obvious action of the Council, the applicb:,s submitted a revised three -lot plat of the pennisula and wab granted approval in September, 1982. The resolution that granted preliminary approval of that three -lot plat has been enclosed for your review. During that review the City approved extension of municipal sewer lines to the undeveloped property (never assessed for sewer) finding adequate cap,,city for the three additional units. Another issue in that earlier review was the fact that Baldur Park Road did not extend to the east property line of Lot 21. Upon preliminary approval, the applicant was asked to deal individually with each of the these property owners seeking quit claim deeds of a road right-of-way to be extended or connection to a future cul-de-sac within the subject property. The three affected property owners refused to deed the right-of-way as they were opposed to the proposed development of the pennisula area. If the City is to consider further development of this property, the three property owners must once again be contacted for final determination before formal condemnation of the roadway can commence. The City has received no information as to the elevations or floor tolans of the proposed units at this stage of the sketch plan review. There have been no changes in the lakenhore regulations since that first review in 1982 that denied a four -unit PRD. There is nothing in our current review policy or ordinances that would suggest the City would turn around now and approve a 20 unit PRD as proposed on this severely limited site. Staff would be happy to work with the applicant to determine a more feasible and realistic application for formal filing. Applicant may wish to proceed with the three lot proposal originally approved by the City in 1902, but it is questionable as to the current position of the owner of Lots 30 and 31 and if that current owner would choose to join in that three -lot proposal. Please note the existirq house at the point of the E,ennisula is still not served by municipa; sewer. The current owner hate had no success in dealing with the owners of the remaining eastern lots in achievir.q an easement to bring sewer to the property. It may to necessary for the City to condemn both access and sewer Easements for the property. It would be beneficial for all if the current owner of the remaining parcels could work with the property owner to resolve the extension of municipal sewer and legal access to the {•roperty. Zoning File #1460 September 13, 1989 Page 4 of 4 Issues that must be addressed by the developer of the property with formal applications 1. Resclve of density. Need to address lakeshore setback and hardcover regulations within 0.58 acre building envelope. 2. Define actual properties to be inelLded in the formal application - whether current owner of Lots 30 and 31 with join in formal application. 3. Extension of the municipal sewer through now private properties at the east side of the property. 4. Define new public roadway that would extend to the east border of the property - contact with current property owners to see if they would agree to deed right-of-way or City to condemn the property for road purposes and to bring current road to improved status. 5. Will increase in density within subject property. Will require major upgrading of Baldur Park Road. 6. Other considerations from Planning Commission members. If applicant wishes to approve Planning Commission and staff position, applicant may fill a separate appeals application in order to present proposal before the Council. TO f':anninq Commission P141)M: Jeanne A. Mabusth UAT1.: January 28, 1981. SUBJECT: @669 Tonka Lake-.opurci.s, 1340 bildur Park Road Subdivision Application - Subdivision - 4 lot plat Variances 1) Lien aity credit 31.841 (c) 2) hardcover 0-75' 75'-250' List of Lxnlbits Exhibit A - Application Exhibit B - Applicant's letter Exhibit C - Data table Exhibit D - 1978 plan Exhibit E - Preliminary plan Tonka Lake properties has filed a 4 lot plat subdivision application. - note not a PRD - requiring variances and density credit,.. In the following review I have made chances in the applicant's data tables (See Exhibit B • C). I requested that the pre- liminary plans for the formal application designate the flood plain elevation of 931.5 as in Peterson's 1978 application. (Exhibit D) if you review the preliminary plans from application 1466 the 931.5 elevation would take approximately 3,300 of from the buildable envelope area noted by the applicant at 25,300 of based on the 932 elevation. The allowed buildable area at the 75' srtback .area would be changed from 6,325 of to 5,500 of. In addi.ion I have emended the total proposed hardcover calculation for the U-75' setback area from 10,260 sf to 11,040 af. The applicant was asked to designate a road with a minimum width of 18' and he has desicnated 16'. Thic 2' difference created an addition of some 760 sf of hardcover and changed the total haidc- yr Ion thv revised plan to 18,680 at. bT1Ct McL'lerw The plans still show individual riparian outlots. Based on the limitation of the site, I would still sugceat one shared riparian outlot with a single joint use dock whether you recommend a 2. 1 or 4 lot plat. hu..!no can be 1+laced un each newly Created lot meeting all -Qqu.:ed setbacks. l,ot 4 may havc some difficulties once the 9i1.5 elevation to desi,tnated - once again shack the Peterson t }plan of 1976. T04ka Properties LC,n ILVaLe Plat ruad must be designated at an 18' width. If .•, ia•, lina:s .are not run within the ritth: of way of 1)utlot A t.ut alone tha• lower; south shore than of sewer f k)u rlOt Jamllna.eJ and Platted as a 20, easement on the final plat. I•( •11,p11cants seek a density credit for the restricted )t.utvs that . elevation). area (area below the flood 93i5 levation). ordinance 31.841 (c) the credit can not a•xeevd Lull.far,le area of .58 acres. the area of the dry Variancc '1.841(c) .',8 dr} buildat,le .58 maximum area credit for flood Plain 1.16 acres - 2 units allowed Per LR-IC 4 units proposed 3 units a;.pi.:, d n 1978 )lication Thu h.:rdco,ror variances are as follows; 0-'5' setback arL•a Total allowed 0 area 92,717 sf existinq - 8,250 of or proposed 11,040 of or setback allowed - area c Total area 22,000 of ., SQOt;t vxisttn(r - c.r 25. 1'920 sf propun.•J - 7,640 of Val .a►,cv 2,140 or 9. 71 cavarr -Allowed 25% f-r Total of )4.7% a Planr,ir,•; .' ,;gin. , ,i,,r; thl Should address that following issues at 1 2 al Iowa•;) - 2. 2 - ,,«viaw ut rwrc:st:i�,s for ureyuirred .,1 shale Of 1c.t - vaarianceb 61 42.7;' st cr F)wt._nouIa ll : 1®,U17 ur :, acrt's of a tut -Al let area of en•:ar)•.) .• t.': tt.� acres in vxclualed from the building 'S' th. Hr ,hart••, setback u,, .►11 three yl�ie9 of jppri,Ai^.ata 1. saute, vi►or, I.ls acrv. �f fla ., <,d plain long the ,,• � t,ur lair, r ! t ha "' nir'''�la •. a.a•a•rely restricts the :ultra. a _ r.•,.,.r, writ rall ll ur tl.+cal intcrest in th« 4 - Lrtr,•r r.•.flt t. r, Dear cost (If,• extanlin.; :...lrr... .rwwr to ,tr+,at.vcJ t.y fvbruary „ .3... ,;..: 4f i•ubI lc ha•af,n,j !ur t4•.rch 1 4 1669 Tonka Properties Page 2 Subdivision PRD 1'r-s_d unit Denslt; GruS;; and Area Area JLlow des,,2.75 acres na�ed 3 1.25 acres Flood Plain 931.5 Dry buildable Area Above 931.5 1.50 acres Areas of Right of 1r,,y a) Out1Ot A b) Public Cul De Sac "2 acr .18 icre N,:t Land Area a) Exclusive of Outlot A b) Exclusive of Cul De Sac ' 1.28 acres 1.32 Acres Net Land Area 1'10 acres (exclusive of Flood Plain Area ^ 1-25 Outlot A (Density credit Ordinance 31r841es ���te credit could not cue de von land area of 1.exceed given Tota, dreg with 5 acres) Flood Plain Crat:it �� acres Actual f•ro,;,sal i units/2.35 acres net r 1.7 units per acre +)luw,'d unites het acre = 2 units per acry within LR-lC zone. Build n` Lot' and Build,ng Envelope Lot 1 a bui„Tiny envelope should follow existing structure's exterior walla to prevent future en�roacliment into the 75' set 1 doe...raet the .U' s•:tback requirement from the otherback area. LOt Lot neets cr:e 15 metback area, and alsc, the 20, There is au existing Patio that is co to crmoved onstetak hbaclore uir 9 �e n t t. Lot 3 netts all setback requirements. Lot i will li al: metback requtrvments, this lot has an existin wht:., Lou removed. y yarsye All building jut* rxlst lrUtr;i.le the 931.5 1levati;>n. Hardcover Allowrl 5,';0a of Extytin.i 11,170 Yt OW10, A - 7,010 of Lot 1 - 4,225 of Lut . - 5,520 of Lot 3 - 1.620 of Lot J _ 2.210 s, Total f•ruy0awd Plannin,) Comrnistr,n IW-1 : Th_mas J. JacoLs, BU1lUlny nfficial DATE: March 10, 1982 SUBJLCT. 46b9 Tonka Lake Pruperties, 1340 baldur Park Road - PRD Subdivision - Work Session t.ist of Exnibits Exhibit A - Title Opinion - notinq tee ownership Exhibit B - Certificate of Title Exhibit C - Cuok letter (2-4-82) Exhibit D - Olson letter (9-17-80) Exhibit E - Council minutes (9-15-80) Exhibit F - Applicant's Attorney's letter Exhibit G - flan - doted February 24, 1982 The applicant proposes a 4 unit PRD of the total 2.75 acres at the tip of Baldur Park - does this sound tamiliar - this is their third try folks! I have attempted to clear up the questions raised by the Planning Commission of the wetland ordinance in the section immediately below the introductory comments. Once again, star .s beginning to sound like a broken record >ut this property is a,, right for a PRD development. Our major concern will still be the increase in hardcover resulting from any new development. Planning Commission should try to come to a compromise position on either controls over density level or limit of hardcover within each building envelope. The aniy reason 4 units can be propored by the developer is the location of the existing structures in relation to the allowed building envelope. Four units required to meet all setback could never be located within the allowed buildinq envel pe. Plann►nq Ccmjni!csion should ask for a reduction to 3 units based on the existinq riun conforming tes►dentlal structure located outsiJe of :he allowed Luildtnq envelope and on the hardcover inc-eases :esulting from 4 unit level of development. Nppllcant may be given option to remove existing house and pre.ient a plan showing all 4 units within the building envelope. (See hardcover section below) In Conaiderdtion ut ordinance 31.841 - specif►caily (L� & (c) At oi-i last met t.r.j, ,Planninq Commission interpreted section (b) ar not allow►nq any uvvvlopraert within the City of lands involveu with tio%>J plains or wetlands to ever yo below 5 acre of dry t.utld.iWt per unit. Staft has been advised that this section duty i.ut dpl.ly to 1'14D' ., suWkvisionw, etc seeking such credits. :..ttun (Ll i• a tuu; tar staff to Uetermininq the buildability r a I.ral•erty invulv••d with pritected area. The density review bt .uw ► 4 La .w-1 un tr. •: jnJorJs set forth in ur.' • nance 31 .0-i l c ) . d .i N1NJiF•5 UF' 711I: PLANNit.0 ^.O,"ISc•ON MFETI\li OF F'4:bR J;cRY t �hd 'c,.�•l ch.,r "•,r} 1'ece:r:;on wene there alrcddy cxistrd on APPlacant umount of the h ve uru,,tvd prole hardcover, Tht' 1978 Property an hardcover thin the ircposal woulu "tdff current proposal. notttd e:rr„r 1. 1982 Faye 4 culdtlonal s lrr the dppllcdnt's hardcover 1978 -and advlsvd dPPlacant that in cal- ,rouoDal Nath the Present more pro.oYed comparing the } hardcov�•r In thL 1981prouos111 that there Plan. is VI'hui�i noted by th,• tnac this was .r new applacataon ritrla., of toddy. Hardcover submltte;J world Lu relative t:, the c considerations ruvaew. current Plan .en;j � h13 Commiss1on's Peterson noted that this t the neayhLur, bype of . ecause Plan. would upyrad,:d, the road would Le completed dll Plated and Kelley dske.i if this wa road? s i Prlvdte road or a public Peterson stdtecj wa sac but they had t}robw3uldaneapublic upto the cul Y on 8aldur Park Road to coma ac ulrr„q the right access, road of the puillc road P-d rQ sthasked PetersonQve Property' of uWnershi}, he had 1'`•t`•rsolr stated the that an 1978 t t.rr 1vd7i he fee owner. row he ownv! all of c ce H• nested he Owns this. lot too. �ePt Lac 30 but Callat:ad that from h tt.e curr,n+trrtotN::;lrvvl 'hit ,�kanl lc the 1978 plan ,nd smdlleC L,. _rosaon. PVrnt:rsula was 1 ic'tt lna F'e:eetr.;,r, �tse�•,: t:;.,: iceudlly the lu0' ,:r.cv }' had I90C' �.elne the orayanal plaan t Some the early ,••tte:r, ..edt�r: r,l that thu existlnq hardcover d`• anu that the l,etnansula plece: of ery "witdclons. Shu ittat.•I was ha,, t.� Pr,-: `. t 1t that , ro Y ha. , her ,.� dn.+ she. could nothe3 went out en ,ld Lou, lu ,:• Lri this Let how they t'�Metrty, Y thv it Itirt •IiuYauu, (jrl any ,rndl..:e-c1 1+, the t.r' uCh.rr . a ..., w r dc•„ 1, . f � ,r.• , t t,, . yr t Lt ou:,l not. "net, this ""''KA PROPERTIES 1300 baldur Park Subdivision 6664 6 f' d t fj.. •i. 97Y.. i .. .. . •..r.�:-C c:t• III: ortoo r;,:: I. .::.•. •C, T r 10, 1 y 7•i •r:.iJtion - .:.,rch :.'L, r .,ye• 1 79EXHIBIT � . ..�:: .�• !'r'�•:in+:,ar 4 IVISIO:: 'i Gfy i:ern ll.,r,I,.' sut.li CLI'� JOYJI of t!�,. ;r'y�, r,0 :;lath Av, . 'n::s the rolls,.:; , (Continued) of entran:�' pt•rnit frog !l�•nnel,in =•u fty Iti3hway Uenatt�ent. •-•:usslon of re red i.,ur lots t,"us�,s s�t,t- I 5eptic )Ins ,e�.�t i` test lrr1 d•►ta for 1• lc systen,_or to lnsF,rct vxlstinu heveioNur enter into a Conservation an,: Jsuf`lent with City, '1• Piat road �•1uw..;r re,:e.•:pt oftCc,l,�.traviewed b}• City .nginecr I rents, s report on Nr►tra:,cerequire. 0 ion rel u i rr- Council :1usrtu,9 - July 10, 191) MfYor Vah :Jcr:;t Move the Sixthvreiln+r,Jry subdiva�sionrlrele seco`J,•c1, to JI,Prove 9�0 Sixth Avl•nua tlort:: queut of Kern Ho, rcconnc•ndatlons ' per the plannin ) pt•' above. rbtion, Ayes (3n Cc,.-�vsion (Oi . Mr. Man Ulsoh, Clt` Plannel•, efttcrrud into tht• record the ruquCut for a subdivision of 1'utar�en, 1340 13dldur fare, Road 197y Gary wh_ch statdated Jun(_ :n Mr. Petersen h,,s invested L , •fCsl'SS 1:,5, WlCh 11C1e discuss1_I, .Johnson the affected nelghbors7 the ro•,d a bot r) and with s l.rlution h.,s sta f, (•und�r;;�n, Leen •,rjreL- u :•he following poll: The "1,1., t w will bo.- extended a 1 u., the thrnu adlact•nt perties I the road M111 dCtOSS w:11 be �rr:ova�s:ApprovJl on three plotwhi^hetcul` owners 1971) to the cast (south de-4dc %urvey copy, UJldur park ) end per the :. the end o Road w111 b�. June 18, t the axistiny Pavin Paveet re J I,avt:d turnaround will be 4 to the spa �rivs•;�ay' J lI provided, de -sac •+::1 Lam. extend into the peninsula. Craves) +stalled J1on 9 the :shore to Ripthe road. ��'+'• I'l•,tLlf,, protect the ro.,d. 7 •,ncf Fiavl:,rl wall satisfy the C1ty by a":;urinq a fixed the nc c Celt rlght-of-w. 1I:1�X,t� t 1.f 1:.,rc,ur,d, Y rnainton,y,ce to extend °Y and ►„• chin+leg should e • to the new .fit, benefit all I,arties. rG•,d e'hanr 1� increas,s Lc,s 1 0.4i ace,• the ,•ffe•etive lot sizes: - Lot. , - �'J . •,ere 0 ,, Jcrc. sUBDIVisi011 1340 Baldur park ;t,...,. 0466 Gary Petersen (Continued) ar.. I : i l ): C):tON COL':;C 1 J l :.l' 10 . _ r• ; v o i .r-try plat Jl.I,tuv01 �t '.. :C1J 1. •: 7.41.lic road platted acrus:; hour, John:.c.n, t:utttlt rsun, unl: aub3ect property 24' wide with ".0' d:.u.rter cul-de-sac and 18' pavenenL to I.at�:h exi:.ting road. Turnaroun,l to be paved in cul-de-sac per public. Works Supervisor's .6pprova 1. 2. Private driveway to extend fron cul-de-sac to three- building sites, either at, a shared driv I:; L-Iwwn, or platted at; an outlot 20, wide aL shown. 3. Approxmitt:ly 200' of riprappirg to be ir.ntalluti -Along soutt.wc:.t :shore to protect road improve- nt.•Its plus: conditions 2, 3, 4, 5, i 6 noted on ml tfay 14, 19'19 neno. Council tleeting - July 10, tlassungale moved, purr seconded, to approve the prulininury at.lu)iViLaon request of Gary Petersen. 1340 balder park Road, subject to a *T" turnaround inside of the cul-de-nac, park dedication fees being Laid, removal of cabin prior to final plat approval, .and developvrt. agreement for road and sewer itnprcve- .i.rnt.;. Motion, 1tyel; (3) - !Jays (0). Page 11 SUJDIVI: IO:t 1340 haldur Park Ro".. (Conttaued) :lurr oo.Fud, Ma.;%entlale seconded, to approve the VARIANCE variance request. of CharleL Peterson, 1505 North ;05 North Arm Drive Arn+ Drive, I;ulAivet to a screenint) fence rade of 1477 natural matt.rials being installed perpendicular Charles Peterson to the b.ICIP. lot line. ttot ion , Ave!; (3) - trays (0) . Mr. Alan Olson, City Planner, intoned ►he City Council that tht Plannint, Cor,:r+issior recortmends approval of tho :"quest of Mr. L. !. 1.1halen, :535 ;ootch Pine Lane, for a iro:tt yard setback variance of 24' and vacatiu.► of a 50' utility ta•..c•nent, ::uL,t•t•i to the following conditions: 1. A 20 drainaq.• t a!;ement to be granted and filud wit!; Litlt of Lot 3, [Bloch 1, Dicon Ada itIon. 2. foul to to. tra int,d into a tans; truck when requir.•d. Hurr :c,(,ved, !4.I:...t.ngalc seconded, to nvr a 24' t rcii.t yar I Latbark var i anct• to L. .t . I.naLun, -'4)'p :.cotch Vine l anc, and dIrt•t"t Ltatt t Fruparr a ret.-lution for a -.0' utility t•4:.t•ncGt-seatton, I..•r tht• Planninq Comnission rt•,7Ur1n. 'IttJt 4011L. fief i ra. , A•.'va (3) - r.aya (0) . VARIAt)CE/VACATION 2435 Scotch Pine Lant 1478 L. J. Whalen 4 Ernst Associates BALOUR PARK �J i FXK;:_iT__ • 3/29/82 Mr. Al Olson/Pi,nning Department �(W299V 1 6 - E COMPUTATIONS FOR RUN-4 AGE Sq. ft. Acres Coef. 0 • CIA EXISTING SURFACES Structures. existing house, patio garage. shed 3.173 .072 .9 .016 Gravel Drive 8.200 .188 .9 .042 Lawn j Rough areas 108.417 2.489 .3 .187 119.790 2.75 01 .245 PROPOSED SURFACES Structures 2263 2400 2200 2000 8863 8.863 .203 .9 .045 B'* Paring 11.340 .260 .9 .058 Lawn 6 Rough areas 99.587 2.286 ! .171 119,790 2.75 .274 Q- C iA b rain,luo yr. flood • Qp - Qi A .274 - .245 - )[9 x 1.98 . Acre Feet Required .U29 x 1.98 • .057 A(.. Ft of stordye W deep) -057 . 43.560 - 21432.92 sv it. 1 (21500 sq.ft. :' deep) - .4.a 1669 Tonka Lake Properties Page 3 S.ibdivision - PRD Therefore: 8uildabl;• area. 75 ft setback i abeve 931.5 - 22,105 of max allowable hardcover 25% - 5,526 sf existing hse, patio etc approx. 3000 sf a 13.51 (no var. req'd) with second lot add apPTf otal 2400 s- 24.41 (no var. req'd with third lot aOd approx 2200 at Total s 34.31 (9.31 var.) with fourth lot add aFdrox. 2,10 sf Total --§T-Os - 43.411 (18.41 var.) FINAL DENSITY REVIEW 1. Clearly Rome hardcover variance is required to allow any driveway on the property. 2, with the driveway hardcover variance, 2 units (1 existing + 1 new) could be built meeting all other requirements and without further variances. 1. Allowing three units as in the previously apprcved plat would require a nominal 10% hardcover variance dithin the bu•ldable area. 4. Allowing four units as proposed would require a no^inal 204 hardcover variance. Five units as might be allowed by gross lot area density is clearly not phys tally practical within the Retback requirements. i.ec•orrv%ended Considerations for Prelimina_.X Plet Approval 1. Determine r- aaonaule density to be aliowed a) 2 units with drivewa}• hardcover variance only b) t units with driveway and 10% structural hardcover variance ct 4 �urrts with driveway and 20% structural hardcover variance cond i t ioneu upon a) driin.jne im,•ro^uments per plan, including holding ponds, it-lucated and reslopcO driveway, building eaves troughs, maximum hardcover squire footago depending upon density, and •roRie,n cunt rul measurer. MCwD mirRt av,prov- �Irainage plan. t•r nr,w with turnaround per plan 1 r m paved width for 2 units minlmu- ' °' p•iv�cl wi<Ith for r rr 4 init.�. r 1 ,ft,lrC,it ,ir (it nq•t. Cit, cul de Ric and right r•f way ►ncic-Cinrt Ejavine -f strv-t an:! cul de �^ ind r►p r+{-pino Of S0101e ,» )n previous {�; 1 scat ►on.. EXHIBIT _ - TO: Jeanne A. Mdbusth, 2onim,g Administrator t'kuM. Alan A. Olson, Cit! Planner DATE: April 13, 19P2 SUBJEC-. 0669 Tor.ka Lake Properties - Proposed 5ubdivisiu: (PRD) The basic zonin•; on tl,izi property is LR-1C S acre/unit. Because of the r.cninsula location End resultant 3-sided 7" setback requirements, this site is a natural one to consid,. for PRD cluster -type development allowing for defined houb.. pads and common open space close to the litke. The limiting situ ract„r is the lake and rasultant floodpl., area below elevation This defines both zetback anL! hardcover l ire:it.ition�. All building sites including the existing hours are above 931.5 floodplain elevation. Provided an open space/flowny, earement over Outlot B is granted to the City, Section 31.c.. allows this flood fringe area (between 929.4 and 931.5) to : credited for density purposes. All new building sites mevt the 7i' shoreline setback. Th, existing house (ai,d proposed lot) encroaches to about 40' : the shore. It has been demonstrated to staff that 4 lots totally conforminq to the 75' setback are possible if the .:.. house were demolished (lot 2 becomes smaller). The request tc allow thy existing structure to remain where it is. The City could require removal of the existing house and fi: conpiiance with tLe 75' setbaca as a PRD condition. However since 4 conforming lots a_e feasible, the existing substanu... rouse location really has no bearing on determination of V.- approl-riate density. Therefore, based on setback and net lot area factors, the allowable density would be 4 or 5 units (2.75 acres - road U.L.A. .22 a(,ru 2.53 acre = .5 - 5 units by area of i ur.. )practically possible per plan). On the uther hand, hardcover is extremely limiting. Per at&d 14.202. there can be no hardcover below elevation. 931. of within 75' ut the shoreline. And it, the remaining area the rt.txinum h-r,leuver van be no more than 254. The maximu Hardcover all,twed ip therefore only 5526 at. Any amount th s aswunt requi.es a variance. tiAbwd ul. o th.: nou*Le ►izes proposed texcludiny uriveway 'mardc(.ive: ; the m.aximaum density allowed by hardcover liwit., Would Lt. 1 unt not 4. • 0669 Tonka Lake Properties Page 2 Proposed Subdivision - PRD Any development, inclAinq the existing house, requires a hardcover variance for '*•e driveway (and City street) to .:ess the buildinq site. The :leveloper claims various hardships and proposes various. mitigatinq factors in his request for hardcover variances necessary to approve any construction on this property. Hardships 1. Lake on 1 nides - peninsula location 2. Driveway and street must be located within 75' of shoreline and partially below g31.5 eleva..ion in order to reach buildable triangle. r. Only 19.5* of the site is above ►elevation 931.5 and 75' or more from the like•. 4. The existing substandard house location predates the current setback and harAcov•+r regulations. 'elide ating Factors 1. Site topography is such '.hit must all drainage flows south so thrt even though the driveway iw within 75' of the north sh-, the drainage actually flows 95 to 190 ft to the lake. ffoldinq ponds are proposed to retain direct runoff. 1. The drrvewa� will he relocated farther fr(Nm the north shore, and reslohed to assure drainage away frum the near shore to the holding ponds. s. The total hardcover proposed is 16.8% of the aruts land area. rxclu_lin,e driveway .irea, the structural h.-1rdcwer IS 6600 sf. .Q.81 of the buildable area above elrt•,atlon 411.11 and outside of the 75' setback area) - The bottom lint- is that an,- de•.•elopment within the buildable .Ir-a. even one house, will require hardcover variances for lie I avf,way. And the ammo int of driveway hardcover required in r.vt si.nifican•1% different for ore house than for 4 cr S. 1 T! us !� �• snit rral .ihf re�ae'+ in •o mt^imize this driveway hardcover 1 -onsistent wit" access %afety requirements, to redirect driveway r in-f t the !.oldin,o pon,1x and t he.ine south to the lake the nil way•, ap'l to frt-rr•►ne reasonable d •-sity al low.mres by I-I'iew : u.•*ur•el h.sr,lc•nver wi l hin 'he )hur ldat'le area, .n of "., ►,. .�.,, :nr , di i v i--ay h.ar,l, Ernst Associates 1 Mti, ,ItJVI MI Ylu'•" �-- !,W0.1) I•LfJf:IN(: SIAt I ITY Qf ORON OF O R(1M) Ol ; I(A K)x bb LkYstAL ISAY, Mlht k SOTA RI F: LALDUR PARK T(YaA LAKE PROPLAT1Et, ' CONTROI. NO. 669 I4 AR M5. MAYI18 Srt: ,I'a I OUR S•.t It'll PLAN RLVItW UN THE IN JAD+VARY ;'�°: , 1 'PAVE BEEN MADE AWARE TI M Sm PAST DATA 44 THIS PROACT WAS NOT r A1>E C:.t AA TO THE STAFF AND THE l(Wi1061(Y1. Wt A',SL#41) TtWT ALL PARTIES WERE AWARE OF TNt FACT THAT THE EXIST- 1►tt: ',ITk ALREADY rfAS 11,170 S.?.FT. OF H RMOVER AND ONLY 6325 SQ.FT. IS ALLOWED. AS YOU ►S1(1MI Tf *_ VARIANCE THAT ME APPL : CANT WAS RE`(A V, A NC, ON THIS PRGIFCT WAS IN ktFtRU4CE To t ARUrOVtR. W! 440 I': t ►• 11 tMt Ttlt R THL FOLLOWING HARDCOVER DAIIA COWAiRAT IONS FOR CLAR- It Itathr( V.0 rOto INFORFIATION. IN Ttf FOLLOWING WE ARE COWAR ING;EXI STING SITE aMVlflTl w. 11.11ti AI'+'ROV10 BY Tt* CITr (. AMITIONAL HOUSES) IN 1978, PRD PLAN :ftTl KI IIIWtD, B1 fOWI-•,,Itrt U. 18 JANWRY 1M, REVISED CONCUIT PLAN 1'• •; : I.UIVISIM :ATED JAf.IJARY 1992 AND ADJACENT EXIcTI►, SI'/ -E r` - ' RD: ' 3UILGABI.i .;.. •:. S.F, HARDCOVER TIFFS tit'tiAC/_--- ALLOWEU SHOWN GREATER + - ;S, iUfl n, 525 11,170 1.77 ♦77♦ iuu 6, 18, 09U 2.86 +196% i . {'4• ,. ',i 18 ,,'Lit. 14f,. •• + + 0141 k, VItW tua b,32', 22,n15 ).bl .261% .t.. :1 t`, 301) ,900 2.93 #183♦ 1' • i 't, hALD► R 1'ARt ' 'a w I.Aitall,t 1'1 h: 1 (� (IV MAU D) +lkAt 1480) "• 1 $111s 2,824 4.63 #"It rW7/Y't w,.i. N.111 1UAI • \, 11 Y+�Iy+o1A../IIM�N VI\►A6( CtMt�A� tfw HNN�R1Lw�1 1' Ernst Asscciates KkLDUR PAkK -- "JIM JAI+uAR 25, 1982 D `� REVISEv JAr4LMY 2fi, 198' ? r� TA: ITY Uf i►RON ,Q. FT. A!'. 1. TOTAL ACREAtc 118,017 2.71 2. TOTAL EXISTING t-WD COVER 11,17U ASPt1ALT DRIVEWAYS 8,250 .26 STRUCTURES 2,920 3. HUILOAbLE ARtA AT 75' SETBACK OOD 25,300 .58 MAXIMM r"D COVER ALLOWED AT :',� �ff4. 6,�e .IS 5. TOTAL PROPOSED HARD LOVER 11,9Uc bN At T DR I VEWIYS Ill , "t. j - 11, 4'(O If, (pie .41 STRUCTURES 7,64U U. AREA WITHIN 75' SEYdACK SHOWN 92,717 2.13 7, ARILA BELOW 932 ELEVATION AND 60,113 1.38 ABOVE 979.4 8. LOT 1 (1240 SQ. FT. HOUSE EXISTING) 22,360 .51 L7f 2 (20U0 SQ. FT. HOUSE) 22,500 .51 LOT t (1800 ><,. ► T . HOLJSE ) 22,230 .51 ,UT 4 (1000 Vi. f T , rtxrit ) 25,550 .59 9. 1AJTLOT A 10,530 „4 UUTLL,T b 3, $30 .013 OUTLUI C 2,54u .o11 OUTL-Ji L, 3,042 .O1 4U'LOT t 3, 735 .04 S Ernst Associates 9ALDUi PARK / TONKA LAKE HkOPERTIES i CONTROL Nu.6t.9 MS. JEAN MAY13ESH JAMML1kY 26, 1982 PAGE , b. 14US SAL" PARK RD. ra REMDDEL iXISTING ►OUSE G BUILT NEwGARAGE 1979 VARIANCE FOP (.ARAGk , r O R O N O SETBACK FROM 75' TO 54' WAS GRANTED HY Hy CITY 6,25U 1,5f;: 3,140 1.01 +1G: :: PLA( tkFUR it-, '.01t+,11!)1ON ON 1 FEB. 1982 WE wUULL) HOPE THAT THIS INFORMATION IS CLEAR AND IF TtfRE ARE ANY QU=STION5 PLL:. , DO NO' PIESITATt TO GIVE EITrtk GARY PETERSON OR MYSELF A CALL, t3E i T REGARDS. ERN ASSOC I.. � GENk F' . ERNS T GFE!GFf C . �- . TO (ARV Pt , • w,;,t, 91401 Z City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1315 — A RESOLUTION GiLiNTING PRELIMINARY APPROVAL FOR THE PLAT OF B:.LDUR PARK PENINSULA wSiEREAS, a subdivision application for a four -unit Planned Residential Development wa3 filed by Tonka Lake Properties on J,:iu,ary 7, 1962 of a property le.lally described as: Lots 22 to 33, inclusive, Blo-k 1, •Baldur Park', and Lot 21 except that part thereof described as follows: Beginning on the meander line at the Northeasterly corner of said Lot 21; thence Northwesterly on said line a distance of 5C feet to the Northwesterly corner of said Lot 211 thence Southwesterly on the Northwesterly line of said Lot 21 a distance of 23 feet; thence Southeasterly to a point con the Southeasterly line of said Lot 21, 66.5 feet Southwesterly from Northeasterly corner; thence Northeasterly on said Southeasterly line 66.5 feet to the point of beginning, together with all of Nelson Lane, now vacated, and together with that part of Isle Boulevard, now vacated, lying North- westerly of a Southwesterly extension of the Easterly line of said Lot 21, Block 1, 'Baldur Park', according to the plat thereof on file or of record in the office of the County Recorder (formerly Register of Deeds) in and for said County, hereinafter referred to as the property; and �%HEai.AS, after due published and mailed notice in a6�ordance with Minnesota statutes 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing cn April 11f, 1982, at which time:, all persons desiring to be heard concernir;,7 this application were given the opportunity to speak thersoni .lr.j wHE:itLA;, a, the regul"r meeting of the Orono City Council t,uld on 5epte-4ber 13, 1982, Tonka Lake Properties, hereinafter referred t� as the developer, withdrew the four -unit PRD proposal and under ttat same uubdivisi,,n &I•plLcatLori sought Council's preliainary approval of a plat u! throe lots of the property; and WHEREAS,, the Or -)no %un,.il considered the findings of staff and thL comix,.ts .,t P. Gary Petersen, authorized representative o' the dcveloptr, and m.il, the followir,y findings of fact: .•14 r s r r •. City of ORONO RESOLUTION OF THE CITY COUNCIL NO —1115 1. The prupurt% is 10 "Iced within the LR-IC zoi. .1g district requiring - .-.ir1ML, n lot area of 21,780 of or 0.5 acre Lot 1 is JP:. jx'..nately 30,000 of or 0.68 acre Lot 2 is 30,)60 of or 0.69 acre Lot 3 is ap•.: oximately 41,L00 of or 0.94 acre 2. Th, total L," !ding envelop.• of the property 'f- saverely restricted the lakeshort. setback standards of the Oroau 6oain) Code. 3. The building Qnvulupe is aiso restricted by a flood plain, area t.ulow 931.5 elevation, that includes more than one-third of the area of the peninsula. 4. A principal residence with accessory improvements can be located on both newly created Lots 2 4 3, meeting all required setbacks of the LR-lC Zoning District. 5. The new dri%,way to serve all three residential units will Loe cont.tructed so to direct all surface drainage awa;' from tr.e lake; the existing driveway permits surf.,: ru:. �tf direct to north shore of peninsula. 6. 1'M: pr�pos,:_ three -unit density with controlled use of r..,rdcover, ._rict adherance to all setback standards and c ntrol of :.itfac.: drainage will be environmentally more .,i,,,nttgvou. than that of the existing residence. 7. Tn.; . xistl!. on Lot 1 is the only house on saldur Pa:R not y� 7onnected to municipal sewer. r B. The de:ve!ol..: has assur_d the Council that the existing •vid�nc n Lut 1 will to connecte,i to sewer by i982. 9. Thv haz"rdow s stricture on Lot 3 will be rbmoved prior ti) f irwl F : ,- .sppr�val. 10. The PC I.0tw;i three -unit Plat is more consistent with the rxist: ,j pattern of development of the saldur Park L:e I I:IL, r r.o• : . i 'ih. -lit -tv : : e luirud upgradinq of 84ildur Park Road will .url ._Isar,) thv health, saf.rty and welfare .,f the ,a�. J..tv I . Ihborn„A .and qu.^,:Rai put) t.c. r v City Of ORONO RESOLUTION OF THE CITY COUNCIL NO 1415 12. '-he proposed plat and in the enhancin reyu�red iTt,roverrtrnts will g nQlklhborhood °t the property values of result properties. all surrounding or more NOW, THER1 Orono of the findii LedlaboveOi.VED that base] upon either hereby approves , the Clty Council of cityofper survey dated uune 13, preliminary Plat of Caldur Park the Cit ' , subject to Peninsula the following conditions: 1 ��11 lots to be conner b� cun:,ected by No vetalel l0 1982 existing house must A-12527-K, per irrLvOcable letter 2• Ore driveway 1ts. from public road to servo all three residential 3• Removal of existing Removal ofrage on Existin Lot 3 prior to final plat or as a requirement g garage on Lot 3 houc;e on Lot °f lss.-ance of buildin prior to 3 • 9 permit for Weer '1• All lots are riparian to docks located accordin lake Minnetonka and Conservation g to all Cit shall have D-Stri=t ordinances, y and Lake Minnetonka -xtensiun of existing Baldur Park Road to new turn b; �arou of plat extension; includes paving of road turnaro�n 1 aid a r, around road shoulder P.roximJtely �00 feet of r. ra and protection. P p shoreline/ 6• The Council has agreed to gr.int hardcover variances for Lots 2 s 3 as follows; al Lot 2 hall be limit sha l l f limited to L-t 3 s1: hardcover vari t.l , limited to `- —� hardcover variance As for Lot 1, the — no additional duvelopvr is advised that there ma area unless thsru of hardcover within the 75be existing hardcov� • an equal or gruater reduction -2501 •n the cr within the C-75' setback 1n the f0lluwin area. g llr+,rovemont s are requ i r,ud 1 • Ext.•nston o: b+ldur Pat K Ri,ad suIstiNq our ta,-e to Cerminaty E,tvc+ 18, wide to :latch raJ.uy paved surfacu, SJ radiusright turnaround I'r, �ij,.,� i plans f„r rued .,r,J an lght of way. r i d t'y th s t( f roc Cit y drainage •4ork aunt be r' enylneer prior to the I,. F� fw M City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1415 ••• • start of work. All work must be completed prior to final plat approval, or a developer's agreement must be signed with acceptable form of financial se to drsure completion. curity 2. Riprapping of shoreline along Baldur Park Road extenalu:. per DNR-MCwD specifications. City permit will be grant`.: upon approval of plans with no fee required.wp per:._ required. 3. Relocation of existing private driveway beyond turnarour.... Existing driveway to be rip ved and reseeded. Locate t., save existing trees. The following lilt of final s�::mittals must be submitted within the first week of the month to assure required action by the Planning COMMission at their regularly scheduled meet.:. on the third Mondav of the month. 1• Record plat drawings in the form of two (2) mylar copies and one 11) copy reduced to 1` • 2001. Drawings to include: a) Lot lines platted per preliminary survey dated .June 18, 1979. bl Extend plat to i,^.clude 24' minimum right of way for Baldur Park Roa.i along Lots 17-20 inclusive. .1 Plat turnaround at 50' radius as shown on survey (although do not leave private exceptions as rear part of Lit ll► dl Plat na:w (Irivuway as a 20' wide outlot e) DXdicate turnaround and 24' right of way as Baldur Park koad. t) Dedxrate drainage and atil►cy eaaeaents- ! 1 5' ea,•h side of 1c,t lines between lots 11 10' each side of driveway outlot and around cul J.! aac circle )1 minimum 20' wide along route or Proposed sewer (which nay alter 'Ilse of driveway utility uaeesia:.. .above 1 City of oRONo RESOLUTION OF `Ni CITY COUNCIL NO• 1415 g) Dedicate public waters below contour 929.4 MSL as •Lake Minnetonka' 2. Legal documents :=quired: a) Title opinion addressed to th• City. All owners, mortgage holders or others with property interest indicated therein shall •iqn the plat and all other documents affected by said interest. b) Privets driveway easements and stiaintenence covenants. c) Owners and others with property interest on Lots 17-20 affected by Baldur Park Road extension must also sign plats. 3. Fees to be laid. Total duo: $980.00 a) Park dedication fees per current schedule, two new lots (acreage 0.85 acre/lot) 2 X $440 . $080.00 b) Legal review and filing fee ! S100.00 Adopted by the City Council of the City of Orono, Ilinneso at a regular mectinq held September 27, 1962. W iam B. van Nest,mayor" Attest: 11 . T, I, Alberta !M. Strom, City Clark -5- a a 4669 Tonka Lake Properties Page 4 Subdivision - PRD d) sewerage of existinq house not later than July 31, 1982 ($5,000 security check is on file to assure this wi., happen regardless of whether subdivision proceeds or not) e) common open space to be held in undivided joint interest by lot owners, with open space and flowage easement to the Cite. f) joint dockage not to exceed l slip per lot, located as on plan. If 3 or 4 lots approved, then dockage should be divided as shown in which case we recommend no need for a joint uses dock license. q) removal of existinq garage and sheds as shown on the plans (demolition permit required). h) regrading, landscaping and sodding of all disturbed areas. 0 payment of extra fees, depending upon approved density, for ..ark dedication and sewer units. Note that the Cit} should be prepared to condemn any public road right of way as may be necessary to allow extension of public road paving from end of paved road to new cul de sac. The developer should again -ry to privately acquire the necessary right or way, but I do expect public condemnation will br necessary. MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 18, 1999 ZONING FILE i1459-MULVANNY CONTINUED Assistant Planning anI Zoning Administrator Gaffron explained that the Mulvanny's were requesting an average setback and hardcover variance to construct a room addition over an existing deck. Gaffron questioned whether it would be possible for the applicants to remove any existing hardcover. Chairman Kelley asked Mr. Mulvanny what his hardship for the variance is? Mr. Mulvanny replied that their bedroom is 9' x 12' and the kitchen area is also c,site small. Chairman Kelley asked Mr. Mulvanny whether he intended to put a deck on the front side of the house? Mr. Mulvanny replied that he had a deck for so long that he would prefer not to have one any longer. Kelley informed Mr. Mulvanny that if approval is given for this application that it would preclude anyone from adding a deck anytime in the future. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Cohen, to recommend approval of the average lakeshore setback. Planning Commissioner Bellows said that she was having a difficult time finding a hardship for the variance. Planning Commissioner Cohen said that he considered living with less than adequate space to be a hardship. Planning Commissioner Bellows asked Mr. Mulvanny how many bedrooms the house has and what size they are. Mr. Mulvanny said that there were three bedrooms, two of which are 10' x 10' and one is 9' x 12'. Motion, Ayes=6, Nays=O, Motion passed. #1460 MARCO R. FRANKLIN DEVELOPMENT 1320 BALDUR PARK ROAD SUBDIVISION SKETCH PLAIT REVIEW Marco Franklin was present for this application as was Mr. Ed Vogt. The Planning Commission explained the City's position regarding access, water & sewer and the 75' setback zone. Chairman Kelley also noted that the applicant does not own all of the property. Mr. Franklin said that a purchase agreement had been entered into with Mr. David Mess for the property at the end of the point. Kelley said that he would not approve any haricover variances for this very sensitive property. Kelley a� :ed the applicants if they were familiar with the City's hardcover 12 MINUTES OF THE PLANNING COMMISSION MEETING S.;PTEMBER 18, 1989 ZONING FILE #1460-FRANKLIN DEVELOPMENT CONTINUED ordinances? Mr. Vogt said that he was familiar with the hardcover ordinances, but was hopeful that the City would view hardcover in this application as a whole. He said that their proposal would leave 70% of t..e area untouched. Kelley said that the city would look at hardcover proposed for each area. Kelley also observed that the applicant's proposal called for more than 25% hardcover in the 75-250' zone. Mabusth advised the applicant that the City's ordinances would not allow for the consideration of hardcover coverage on the parcel as a whole. Planning Commissioner Bellows noted that the applicant's proposal had not given adequate consideration to the 931.5' elevation. Mabusth said that accessing the property via a public roadway had not been addressed, nor had the extension of sewer to the proposed units. Mr. Franklin said that with the tax structure as it is, and the cost of the land, it would not be economically feasible to build anything less than 10 units. Mr. Franklin said that the area of Baldur Park upon which he wishes to tuild, is currently littered with trash and is a trouble spot fo.- the Orono Police. He felt that his development proposal would b,- beneficial to the City in many ways. Chairman Kelley said that he did not believe that area could support 10 units. Planning Commissioner Hanson said that he too would have difficulty recommending approval of the proposal as it is being presented at this time. APPROVAL OF PLANNING COMMISSION MINUTES It was moved by Planning Commissioner Cohen, seconded by Chairman Kelley, to approve the minutes of the September 6, 1989 Planning Commission meeting. Motion, Ayes=5, Nays=O, Motion passed. PLANNING COMMISSION REPRESENTATIVE It was agreed that Planning Commission member, Sarah Moos, would represent the Planning Commission at the October 9, 1989 City Council Meeting. ADJOURNMENT The September 18, 1989, Planninq Commission Meeting adjourned at 9:45 p.m. 13 ZONING FILE NO. 14b0 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 9/26/89 --------------------------------------------------------------------------- TO: Marco R. Franklin Development COPIES TO: Ed Vogt 13237 Orchard Road The Vogt Corportation Minnetonka, MN 55343 1 Carlson Pkwv, St 260 Minneapolis, AN 55447 TYPE OF APPLICATION: Sketch Plan Review ------------------------------------------------------ DATE OF MEETING: 9/18/89 No Action Required NOTES AND SPECIAL CONDITIONS: Please review the directives of the Planning Commission noted below. The following issues must be resolved upon application for a formal Subdivision/Planned Residential Development: 1. Resolve of density, lakeshore regulations of the City must be upheld with any development of the peninsula area. Note actual building envelope consists of .58 acres. 2. Define actual properties to be included in the formal application. Pased on staff's current kncwledge, the owner of Lots 30 and 31 does not join in your al.piication. 3. Extension of municipal sewer and public road to east side of property. Please contact the Building b 7oning staff so that we may assist in the planning of your formal land use application. THE VOOT CORPORATION ARCHITECTURE ENGINEERING October 27, 1989 0CT 3 l � Jeanne A. Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Baldur Park Peninsula Dear Jeanne: I'm writing to say "thank you" for your time, consideration aril constructive comments at our recent meeting. You have a way of dealing with people most graciously even when points of view .ire quite divergent. Apparently, at this time, the owner feels that the pivotal item of density provably cannot be resolved satisfactorily through further architec+,oral alternatives. I am under the impression that their pre:; -grit- intention is to turn to legal advice regarding determining their options. If they do, it does not represent my a6 vice. I had looked forward to continuing to work through the normal Planning Commission processes. Thank you again for your patient and considerate input. It is a pleasure to work with you. Yours truly, i tht. VllGT CORPORA'1'I ON !� Edward J. Vogt, A.T.A. EJV/wg ) W1 SUITE jtsU (-ANC'j'UN LL N1EN • ONE A4Lc.L)N PAPK WAv • MINN( AV4:1j -, MN Y,441 -!612, 4 7!r 2826