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CITY OF ORONO - SUBDIVISION APPLICATION
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PROPERTY LOCATION
Site Address HALIHIR PARK ORONO PIN_ 71 i:F ;';�"M
Property Identification Number (P.I.D. ) 08-117-31-0006 (Uf_)u7+ 0008,.41F>E19i #
(K)IO + 00011 +00L' + 001.1 + iiu14 + 0016 +uO17 + 0018 Z# A050.04
Please check one - Property abstract or + torrens? :rt7.44
Attach legal description to application. = i�•�
------------------------------------------------------------ __ "10A YX
APPLICANT Phone (home) '� i'-)-47'�t7 = Yvi ?j4:?9
v v
,-; n
c: 7/W
Name `IARCO R. FRANKLIN
Phone (work) SAME
Address: 11'-17
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OltCHARU H.
City:
I'I'6:1. Zip: 55343
OWNER (if different
than applicant)
Phone
(home)
Name ~'"'"'
Phone (work)
Address: _ City: Zip:
(attach list if more than one)
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EXISTING LAND USE
Number of Tax Parcels
Development Size
Present Use (check)
Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Residential; no. of units
other (specify)
Present Zoning District i
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PROPOSAL Division for Tax Purposes
Lot Lire Rearrangement Only (no new building sites)
Subdivision for New building Sites
Number of Building Sites: _ Existing Units
New Units
s Total Units
Proposed Gross Density: Units per 'O,Acres
Minimum Lot Sizei IN �IIA. Sq Feet Dry Buildable Land
ProFosed Use: (check) Residential
Other (specify)
MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
1. Completed Application Form
2. Preliminary Plat information on Certificate of Survey.
3. Certified Property Owners List of owners within 350' (you must obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
4. As an addendum to this application, please attach a separate list of
any other persc;cis you wish notified of this application.
Certification bl Zoning Department that Preliminary Plat Application is
complete.
Zoning Official's Signature
Date
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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
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PEES
Sketch Plan Review (Class
I, II & III)
$150.00
Subdivision of a Lot Line
Rearrangement
250.00
Preliminary Review (Class
16 II Subdivision)
250.00
Preliminary Review (Class
III and all non-residential)
300.00 +
20.00/Lot
Final Plat Review (Class III) 150.00*
*(Plus any legal or engineering charges)
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The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, City Engineer, City Attorney,
Planning Commission and Council necessary to process this application and
further agrees to pax all additional fees established by ordinance.
Applicant's Signature
Owner's Signature
Date
Date
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attei:d a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building i Zoning
Office of this change prior to the meetin<l.
To: Mayor Grabek & Orono Council Members /
Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building & 7,oninq Administrator
Date: August 16, 1990
Subject: 01583 Marco Franklin, Baldur Park Road -
Subdivision/Sketch Plan Review
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map
Exhibit C - Sketch Plan Designating Flood Plain and 75' Setback
Impact. on Building Envelope
Exhibit.
D
- Cook Letter 8/15/90
Exhibit
E -
Wetlands Map
Exhibit
F
- Original 20 Unit Proposal
Exhibit
G
- Hardcover Fact Sheet - Applicant
Exhibit
H
- Site Plan
Exhibit
I
- Preliminary Grading Plan
Exhibit
J
- Plat of Existing Lots - Total 12
Exhibit
K
- 1982 Preliminary Plan of 3 Lots
Total Gross Lot Areas = 120,395 s.f. or 2.76 acres
Area Flood Plain (Area Below 931.51) = 60,113 s.f. or 1.39 acres
Area thin 75' Setback Area = 76,217 s.f. or 1.75 acres
Buildable Area at 75' SetL:ack Line = 22,000 s.f. or .5 acres
Pertinent Ordinances -
1. Section 10.25 - LR-1C 7oninn District. Please review all lot
standards.
2. Section 10.25, Subdivision 4 (A) - Conditional Use Permit for
planned residential development. "This specific aoninq eistrict
shall not be limited to detached single family st.ructures." The
current proposal proposes three single family detached
residences. It is not clear whether A PRD is proposed or a plat.
Certainly it would be to applicant's benefit to develop under a
PRD based on restrictions of flood plain and the 75' setback area
of the peninsula. (Refer to factual findings noted at;ove.
Zoning File 01583
August 16, 1990
Page 2
With PRD format of development applicant. may gain benefit of
total gross area for density credit as long as all structure and
improvements are located behind the 75' setback line.
Total gross area = 120,395 s.f. or 2.76 acres
Allowed density = 5 units
The limitations on density will he the degree of hardcover
excesses allowed with the 75-250' setback area at 22.,000 s.f. or
.5 acres.
Excessive hardcover exists with the existing access road and for
any upgraded road because of its location within the 75' setback
line on the north side of the peninsula.
3. Section 10.32 - PRD Ordinance
4. Sect -ion 11.10, Subdivision 6, 7, and 8 - Sketch Plan Review under
the subdivision regulations.
Review of Application
A plan for three single
family detached units has been proposed
by applicant. Applicant may
ask for density allowance based on 2.76
gross acres. In 1982, the
City gtant.ed
approval of a 3 lot plat
(Exhibit K) that included Lot
31 (lot with
existinq house) in overall
calculations. The issue for
this review
is: Will the City approve
hardcover excesses within the
75-250' zone
to meet a level of dis ty
that can be E ported by overall gross
area? The applicant shows
hardcover at approximately 48p
Based on
staffs buildable envelope
at 22,000 s.f., it would be more at 60%.
Please note this does not
include the hardcover of the
access road
at over 7,000 s.f. in area.
The road hardcover will be the same whether it serves one house, two
houses or three houses as the
entire road
bed will be located within
the 75' setback line.
It would be to applicant's advantage to develop under a PRC) mode
If applicant was to satisfy the standard of a plat under the direction
of the LR-1C district, a plan would be limited to no more than two,
maybe one. The setbacks would use up the already restricted building
envelope.
Plear:e review the engineer's report (Exhibit D). We are once
again reminded tf.at we do not have a legal public road access to these
parcels via the platted property to the east. Public access must be
designated and dedicated on the forma) PRD subdivision proposal. The
City wi l I agk the appl icant to request in writinq for an access and
utility easement from the three involved property owners. If denied,
the City must lao(eed with a separate condemnation action.
Zoning File #1583
August 16, 1990
Page 3
Please Review Exhibit E. In the recent Sketch Plan reviews for
this property, the City staff has failed to note that there are no
designated wetlands on this property. The limitations on the site
remain the 75' setback line and the 931.5' flood plain elevation.
Review Exhibit I. The applicant proposes the filli,ig in of the
f lood plain and matching excavations in other- sections of the f lood
plain. This type of land alteration not only involves review by the
MCWD, but the DNR and the Corps of Engineers and will require separate
conditional use permit and variance application with the City of
Orono.
In reviewing Exhibit I you will also note that applicant has
attempted to ad(:Tess the hardcover excesses by installing catch basins
and dry wells designed to treat run-off before entering lake.
Applicant note: that hardcover from all drives have been directed to
the catch basins. Note the drainage arrows designated on drainage
plan define drainage paths to catch basins.
Staff Comments
First, staff would like to compliment the applicant for
responding to the concerns addressed in the original sketch plan
review (Exhibit F). We have before us a far more realistic proposal,
very similar to the one approved in 1982 by the City for three units.
The following issues must be addressed to provide direction for the
filing of formal plans of development:
1. Access/sewer easements. The City will ask the applicant to
contact the three involved property owners. Depending upon
the individual responses, the City will be obligated to
commence condemnation if necessary. Responses of the
neighbors must be received prior to the filing of the formal
application so that the City may com:hence the condemnation
at the time of filing the application.
2. Approved densities. what level is reasonable for the site?
a. 1n 1982 the City approved three units. The exception
was included in these considerations. The majority of
Lot 31 is located within the 75' setback ar-a. The
inclusion of 31 does not help the density. Remember
gross density is at 2.76. Tiie area of Lot 31 does not
increast, the buildable area of the restricted buildinq
envelope.
h, would you approve three units :f hardcover was reduced?
How does the Planning Commission accept applicant's
counter proposal with the catch basin/dry well
treatment of run-off? Will it affect your decision?
Zoning File #1583
August 16, 1990
Page 4
This type of improvement was accepted by the Council in
1982. Has our policy changed - the ordinances have not
changed?
3. Applicant to be advised that a PRD is the only acceptable or
practical method to develop the remaining undeveloped
portions of the peninsula. Remember the existing PRD code
exclusive of the Highway 12 corridor is very broad and
subject to approval of the Council. Applicant should be
advised to work with staff to develop most efficient plan
for PRD design based on final resolve of density.
lsv
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Engineers & Architects
August 15, 1990
City of Orono
Box 66
Crystal Bay, Minnesota ,323
Attn: Jeanne Mabust.h
Re: Baldur Park Peninsula
Our File No. 139-1583
Dear Jeanne:
We have reviewed the proposed subdivision on Baldur Park Peninsula. The turn
around area should be platted as public right-of-way. The venter landscaping
is not desirable in a public street.
There is some concern by property owners to the south relative to adequate
p0 lic access to this property. This concern should be reviewed and resolved
by the developer.
Drainage and utility easements will be necessary for sanitary sever, wetland
areas and storm drainage.
Please contact this office if you have any questions.
Yours very truly,
BONESTR00, ROSENE, ANDERLIK & ASSOCIATE", INC.
Glenn R. Cook
GRCodh
grc JRA
2335 Wiest Highway 16 • St Paul. Mlnr►e ote SS11 3 • 611 636 4600
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HARDCOvE:;� CALCULATION WOR S)HEcE- --�
SET 3ACx ZONE: (C ; R C:._ ONE) 0-75'� 1 25�7-500' SO0-LOCO'
ExISTING HARDCOVER IN LONE
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ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990
ZONING FILE /1558-ZUCKMAN CONTINUED
This is definitely an improvement."
Johnson said, "I would be interested to see ghat the public
has to say about this proposal. I believe that something like
this would do very well in this location."
Bellows said, "I would like to see the intensity of this
development decrease. I do not object to the proposal for four
units, but question whether reaucing the size of the units would
be an appropriate trade --off."
Rowlette stated that she would be more receptive to the
proposal if the units were scaled down.
Hanson said, "I agree that the units need to be scaled down.
I am impressed with the fact that Mr. Buckman intends to reside
on the property."
Mabusth stated that it will be necessary to grant a
hardcover variance in the 75-250' setback area for this
development. She noted that there will be no hardcover in the 0-
75' setback area and ma]or reductions within the 250-500' area.
Bellows said, "I believe we are willing to look at hardcover
from an overall aspect, rather than concentrating on each setback
area."
Mr. Zuckman said, "Access to the property will add quite a
bit of hardcover. 1 wart the access point to be as far from the
curve as possible."
(tabu _h stated that the County will have to review the
access.
As a last directive, the Planning Commission reminded ;1r.
Luckman that he will need to work with the LMCD regarding boat
silps.
#1583 MARCO FRANKLIN
BALDUR PARK ROAD
SKETCH PLAN OF PRD/SUBDIVISION
1i,irco Franklin was present for this review.
Mabustn Provided the Planning Commission with a summary of
tale ma; or Jssues involved with this application !see Jeanne
Maousth's memo dated August 16, 1990). Mabusth said. "Th.re is
an existing house on Baldur Park. The individual residing in
that house has informed the City that his property is excluded
from this subdivision. Also, with respect to hardcover, the need
for an access road dill require hardcover within the 0-75'
setback area. no matter what the final approvea density allowed."
ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990
ZONING FILE #1583-FRANKLIN CONTINUED
Bellows said. "Before we proceed much further with this, we
need to address the road issue."
Mabusth said. "The City would have to proceed with
condemnation. We would first ask Mr. Franklin to contact the
existing three property owners on Baldur Park Road. If they
indicate that they will not give Mr. Franklin an easement. the
City will have to condemn."
Mr. Franklin said. "'There are currently power lines out on
Baldur Park. I know that there is a problem with the septic
system for Lot 30. The system is heaved out of the ground on one
side. I have gone to great lengths to scale down my proposal.
We have designed a catch basin and gone so far as to consider the
direct runoff from roof tops. We intend to provide a cul-de-sac.
At this time, it would be impossible for a fire truck or snow
plow to turn around at the end of the point."
Hanson asked for the radius of the cul-de-sac.
Mabusth replied that it must be at least 40 feet paved and
50 feet for right -of -,ray.
Hanson said. "I am impressed with this proposal. I would
lake the flood plain issue addressed."
Mabu3t" said. "This application would be reviewed by other
agencies. It would be necessary to provide compensatory filling
for any excavation work done below the 931.5 elevation. Mr.
Franklin is proposing to fill below the 931.5 elevation, but
there will be no structures located within the flood plain."
Mr. Franklin's associate said, "The basements of these units
wi:l be two feet abuve flood level."
71abusth stated that hardcover is the main issue. She said,
"When the Planning Commission reviewed Mr. Franklin's previous
proposal. you indicated that you would not grant any variances
within the 75-250' setback area. This property is very unique
with many hardships. There is a very small building envelope and
variances will be necessary."
Johnson asked Mir. Franklin if he had attempted to acquire
Lot 30?
Pir. Franklin replied. "I have spoken to him several tides.
Each time i talk to him the price of his property increases."
,Johnson asked whether the would be a commons ,area owned by
a homeowner's association.
- 30 -
ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990
ZONING FILE #1583-FRANRLIN CONTINUED
tor. Franklin replied, "I would prefer to have the area
privately owned."
With respect to the road, Mabusth asked, "Would the Planning
Commission prefer to see this private drive as an outlot within
an outlot?"
Hanson stated that he would prefer to see a public road,
rather than private.
Mabusth stated that the City will only condemn up to the
property boundary and that the cul-de-sac world be public.
Bellows said, "There will be four units on this private
road. Will it be necessary to have the road 24' wide?"
flabusth replied. "That has not been determined yet. we can
estimate that the road will be 22' to 24' wide with an 60'
diameter cul-de-sac. ile will need an opinion from the City
Engineer."
Bellows said, "I am impressed also with this proposal. It
has come a long way. However I am st?.11 concerned about Baldur
Park Road, which is sub -standard and unsafe. 1 have a hard time
supporting any intensification unless the City takes
responsibility for the road. I feel that the road issue presents
an unfair circumstance for Mr. Franklin."
Mabusth said, "I believe that if a formal proposal for
development j.s presented to the City, it will have to take a
serious look at the road_"
.;ohnson asked about meeting setbacks and establishing 'it
lines.
Mabusth replied, "Building paas will be created and they
will be called lots. There will be built-in setbacks and defined
lots for each house. Everything around the pad will be an open
space outlot. Your consensus is that you «ant the road that
leads from the cul-de-sac to also be oefined as an outlot."
Bellows said. "The sites would be sold as pre -constructed
Lin-ts."
r.abusth said "That is correct. The individual will buy
what is defined as a lot, a footprint. and a share of the open
space commons area."
Bellows said, "tlhether the individual purchases the
footprint prior to or after constructionit is a un..t he burs.
it is not his option to design a building for that lot."
- 31 -
ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990
ZONING FILE #1583-FRANRLIN CONTINUED
Mabusth said, "That is correct, it will have to all be
designed within that pad."
Johnson asked Mr. Franklin whether he was aware of that
condition.
Mr. Franklin replied, "Two of these wil_. have to be pre -sold
before I begin construction."
Johnson asked whether there will be a joint dock or
individual docks.
Mr. Franklin replied, "I would prefer to have private,
individual docks."
Bellows asked Mr. Franklin if he had received adequate
direction.
Mr. Franklin stated that yes, he had sufficient direction.
He noted that there will be mininal disturbance of the existing
trees and that they will maintain t:ie wilderness, cat -tail area
around the peninsula. He said, "That should alleviate the
possibility of anyone using chemicals to control that area."
Mabusth informed Mr. Franklin that the center island in the
cul-de-sac will have to be removed.
COMMENTS FROM PLANNING COMMISSION REP
RE: COUNCIL. MEETING OF AUGUST 13, 1990
Bellows said. "The Council agreed with all of our
recommendations. In July there were several issues where our
recommendation was over -turned. I do not feel that Council has
to agree with us all the time. At the August meeting, it teas
always made known to the public what tha Planning Commission vote
had been. I thought that was great."
Mabusth asked the Planning Commission to provide a list of
the specific applications that were over -turned by Council.
Bellows said, "Mr. Stubbs' application. the Peterson
application, and the McCourtney application."
APPROVAL OF MINUTES-JULY 16, 1990 PLANNING CONMISSIO&J MEETING
A motion was made by Bellows. seconded by Johnson, to
approve the minutes of the July 16, 1990 Planning Commission
meeting. notion, Ayes-5. Nays-0. Motion carried.
PLANNING COF01ISSION REPRESENTATIVE
it was a,reed that Sara noos would attend the September
1990 Council meeting as a Planning Commission Representative.
- 32 -
CITY OF ORONO ZONING FILE #1583
P. O. Box 66
Crystal Bay, MN 55323 NOTICE OF PLANNING COMMISSION ACTION
473-7357 Date of Notice: 08/29/90
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TO: Marco Franklin COPIES TO:
13237 Orchard Drive
Minnetonka, MN 55343
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TYPE OF APPLICATION: Subdivision/PRD-Sketch Plan Review
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DATE OF MEETING: August 20, 1990 VOTE: No Formal Action was
required of Planning Commission
NOTES AND SPECIAL CONDITIONS:
The Planning Commission did provide the following conceptual direction
to applicant in preparation for filing formal subdivision/PRD application:
1. Easements for access/sewer. The City must ask that the applicant
contact the three involved property owners to the east of the subject
property to determine if it is feasible to acquire easements through
said properties. If applicant fails to achieve agreement with
neighbors, City will be responsible for condemning easements for
access and utilities.
2. Density. The Planning Commission unanimously agreed that the proposed
three unit density was more realistic and suggested that applicant
apply for a three unit PRD.
3. Hardcover. The issue of the access road hardcover was accepted by the
Planning Commission as presented. Applicant was encouraged to reduce
hardcover within building pads.
4. PRD. Applicant should consult with staff prior to developing
preliminary plans and discuss layout of PRD subdivision. It is
strongly recommended that applicant apply for a PRD form of
development because of the severely restricted building envelope and
the ability to cluster homes rather than meet required setbacks of a
formal plat.
S. As filling will he proposed within the flood plain of Lake Minnetonka
for proposed access drive and portions of yard areas along south shore
of property, the following agencies must complete a permit review:
a. Corps of. Engineers
U. Department of Natural Resources
C. Minnehaha Creek Watershed District
d. City of Orono will require a separate conditional use permit and
variance application with PRD subdivision.
Please contact Jeanne Mahusth if applicant seeks additional
information or has any questions pertaining to the directives noted above.