HomeMy WebLinkAboutProject PacketCITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Mr. and Mrs. John Walstedt
3470 Bayside Road
Orono, MN 55356
APPLICATION NO. #2116
NOTICE OF COUNCIL ACTION
Date of Notice: April 16 , 1996
COPIES:
TYPE OF APPLICATION: Conditional Use Permit
DATE OF MEETING: 04/08/96
COUNCIL ACTION -MOTION:
VOTE: 4 FOR 0 AGAINST
To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday through
Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions.
Conditional use approval is subject to the conditions of the approval resolution and as shown on the
approved grading plan. Changes in approved plans are subject to further review by the City. In the
case of projects requiring a land alteration permit from the City, such permit must be applied for
within one year of the date of conditional use approval or that approval will expire (April 8, 1997).
Please advise the City when you wish to meet with the County at the site to review the need, if any,
for improvements within the County right-of-way.
Please contact Jeanne Mabusth if you have any further questions concerning the review of your
application.
lsv
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Jeanne A. Mabusth
Title Building & Zoning Administrator
DATE: March 28, 1996
ITEM NO.:
Agenda Section:
Zoning
Item Description: #2116 John Walstedt, 3470 Bayside Road -Conditional Use Permit -
Resolution
Zoning District: LR-IA
Total area = 2+ acres
Brief Review of Application
The applicant seeks approval of a conditional use permit that would allow the filling of
approximately 600 cubic yards of fill resulting from the excavation for new construction. The
applicant proposes an addition to the west side of the residence and the creation of a walkout
to the lakeside of the residence. Some 500-600 cubic yards of fill will be placed within the
rear yard. Total land alterations involve approximately 1,000 cubic yards of earth movement.
A major swale will be installed along the west side of the residence , review Exhibit I.
No variances are required for the new construction. The majority of drainage from the property
dra ins to the west to the Bederwood watershed. Approximately one acre of surface runoff will
now be dir~cted to Bayside Road. Prior to the City issuing a land alteration permit, the
applicant must arrange for a n~~eting with the Hennepin County Department of Transportation
and the Orono staff to review what changes, if any, will be necessary within the County right-
of-way to treat and maintain additional runoff.
Planning Commission Recommendation
The Planning Commission recommended unanimous approval of the conditional use permit for
John Walstedt that would allow the filling of approximately 600 cubic yards of fill resulting
from the new construction to be placed within the north or rear yard of the property located
at 3470 Bayside Road, subject to the following conditions:
1. Before a land alteration permit can be issued, applicant's contractor shall arrange
for a site inspection with the City staff and Hennepin County DOT to determine
the need for ditch cleaning or any other improvement required to maintain
additional runoff.
Request for Council Action continued
Page 2
March 28, 1996
Zoning File #2116 John Walstedt, 3470 Bayside Road
2. Erosion control must be in place at the west property line near the lower area
and in front of the house prior to any land alterations in order to protect the
lake .
3. The City recommends sodding within sensitive areas on the west and to the
south of the residence in order to minimize potential of erosion .
The enclosed resolution has been drafted per the findings and conditions of the Planning
Commission's approval recommendation.
COUNCIL ACTION REQUESTED:
To either adopt or amend the enclosed approval resolution.
lsv
TO: Chair Peterson and Orono Planning Commission
Ron Moorse, City Administrator
FROM: Jeanne A. Mabusth, Building & Zoning Administrator
DATE: March 11, 1996
SUBJECT: #2116 John Walstedt, 3470 Bayside Road -Conditional Use Permit -Public Hearing
Zoning District: LR-IA
Total area= 2+ acres.
Application
Applicant seeks approval of a conditional use permit that would allow the filling of 500-600 cubic
yards of fill resulting from excavations for new construction on the property. The majority of fill
from excavations shall be placed in rear yard. The filling of the rear yard cannot be authorized under
the building permit for new construction. The following ordinance is pertinent for this review:
Section 10.03, Subd. 19 -Conditional me permit has been required for the filling in excess
of 100 cubic yards not authorized under building permit for new construction.
List of Exhibits
A -Applicatioa
B -Plat Map
C -Property Owners List
D -Survey
E -Hardcover Inventories 75-250' Setback Area
F -Hardcover Map
G -Gustafson Report 3/12/96
H -Elevation Profile
I -Grading Plan
Review of Application
Review Exhibit I, applicant proposes a major addition to the west side of the existing residence and
the excavation of a walkout to the lake side of the existing residence. The excavations for the new
construction will result in approximately 550-600 cubic yards of fill. The majority of fill will be
placed to the north or rear of residence. Additional cutting and grading is proposed along the west
side of residence in order to direct drainage away from the lower level of the walkout and direct
drainage to the south towards Bayside Road. Total earth movement on the property involves over
a 1,000 cubic yards of soil.
Zoning File #2116
March 11, 1996
Page 2
New construction will not require variances as 43% hardcover within the 75-250' setback area will
be reduced to 24.1 %.
Review Exhibit G , the engineer finds the grading plan to be acceptable. The majority of drainage
from this property drains to a low area to the west and north of the property. Runoff from 1 acre of
the property will now be directed towards the south or Bayside Road. The engineer advises that
Hennepin County DOT should review the grading plans to determine the need for ditch cleaning or
any other improvements to facilitate the additional runoff. Applicant's contractor shall be
responsible for arranging for an inspection with the City staff and the Hennepin DOT before a
building permit for the new construction can be issued by the City .
Staff Recommendation
To approve a conditional use permit for John and Lynn Walstedt that would allow the filling of
approximately 550-600 cubic yards of fill resulting from new construction on the property located
at 3470 Bayside Road subject to the following conditions:
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1. Before a building permit can be issued for new construction, applicant's contractor
shall arrange for a site inspection with the City staff and Hennepin County DOT to
determine the need for ditch cleaning or any other improvement required to maintain
additional runoff resulting from the proposed grading on the property .
2. Erosion control shall be in place at the west property line near the lower area and in
front of the house prior to any land alterations in order to protect the lake.
3 . The City recommends sodding within sensitive areas on the west and to the south of
the residence in order to minimize potential for erosion.
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FILE NO. 2116
WHEREAS, John G. Walstedt and Lynn W. Walstedt, husband and wife ,
(hereinafter the "applicants") are the owners of the property located at 3470 Bayside Road
within the City of Orono (hereinafter "City") and legally described as:
Lot 23 , Auditor's Subdivision No . 203, Hennepin County, Minnesota and Outlot
A , Bayside Beach (hereinafter "property"); and
WHEREAS, the applicants have applied to the City for a conditional use permit
to permit the filling of approximately 600 cubic yards of fill and for land alterations involving
approximately 1,000 cubic yards of earth per Municipal Zoning Code Section 10 .03 ,
Subdivision 19 that cannot be authorized under a building permit for new construction.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono ,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2116.
2. The property is located in the LR-IA, Lakeshore Residential Zoning District
requiring two acres in area. The property consists of two-plus acres .
3. On March 18, 1996, the Orono Planning Commission reviewed the application
and recommended approval of the application as proposed based on the
following findings:
a. The placing of 600 cubic yards of fill resulting from excavations for new
construction on the property cannot be authorized under the authority of
the building permit nor can the filling be authorized under a staff-issued
land alteration permit because the filling activities exceed 100 cubic
yards.
Page 1 of 5
b. The changes in elevations on this property will have no impact on the
current drainage pattern of the area nor on adjacent properties.
c. The property presently drains west to a low area near Bederwood Drive.
d . Approximately one acre of surface runoff or drainage will now be
redirected to the south or Bayside Road.
e. Shawn Gustafson in his report of March 12 , 1996 reports that the grading
plan appears acceptable from an engineering standpoint and that the
grades along the west where the drainageway is located are acceptable .
f. Hennepin County shall review and approve the grading plans and shall
make recommendations if applicant shall be responsible for making
improvements within the County right-of-way to maintain the additional
runoff to be received as a result of these improvements.
4 . The City Council finds that granting a conditional use permit to allow the filling
of approximately 600 cubic yards and changes in elevations involving total land
alterations exceeding 1,000 cubic yards of earth movement will not be
detrimental to the health, safety or general welfare of the public, would not
adversely affect light, air nor pose a fire hazard or other danger to neighboring
properties, nor will its use depreciate surrounding property values and that the
proposed level of use of the property will be in keeping with the intent and
objectives of the Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
Page 2 of 5
CONCLUSIONS, ORDER AND CONDIT IONS
Based upon one or more of the above findings , the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.03 , Subdivision 19 to
permit the filling of approximately 600 cubic yards to the north or rear yard of the property
and additional land alterations to the west side of the house defining a new drainageway ,
subject to the following conditions :
1. All land alterations have been approved per plans by R. H. of Hauck Landscape
Development dated February 21, 1996 and as amended by Shawn Gustafson's
report of March 12, 1996.
2. Prior to the issuance of a land alteration permit by the City , applicants'
contractor shall arrange for a site inspection with the Orono staff and Hennepin
County Department of Transportation to determine the need for ditch cleaning
or any other improvement required to maintain additional runoff.
3. Erosion control shall be in place at the west property line near the lower area
and in front of the house prior to any land alterations in order to protect the
lake .
4. Applicant shall install sod within sensitive areas on the west and to the south
of the residence in order to minimize potential of erosion.
5. Authorities granted by this resolution run with the property not with the owner
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 (April 8, 1997).
6. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
Page 3 of 5
7. The undersigned owners have read, understood and hereby agree to the terms of
this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the Chain of Title of the
property.
Adopted by the Orono City Council on this 8th day of April, 1996.
ATTEST:
Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor
Property Owner( s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of April,
1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
Notary Public
Page 4 of 5
Application # c) JI .b
Date Received c;?-0\.;2-9 t;,
Amount Paid q 512. oo
CITY OF ORONO -GENERAL LAND USE 1'1!,c~ 1 -~ (~·-~-
PROPERTY LOCATION -n-~ ..,../.""' _ :~.: \,.~.J f·-i··j
Site Address .3~ ~ u/2-0,,u
Type of Application to be Filed Ct/ E' /Co~ CE:-"2-4-r:J /
Property Identification Number (P .I.D.) O 5 -J 1 7 -~ ~ 1 3 o() 1 i
APPLICANT
Name hfJ/i/c./ b V&tU u/1}1 [T.,.ciJT
Addres~$f7o B/fy5"/4E ,/2aA-/) City
Phone (home) ~/zS:-0 9& ~
Phone (work) d'90 -z 30?
og OtVO Zip S"S3.:£4-,
OWNER (if different than applicant) Phone (home) '/7..,--a 9 & 'f
Name _________________ Phone (work) 890 -2-? of
Address _____________ City ________ Zip ____ _
Date Property Acquired Av?v ST 9.S::::
I (do) ( do not) also own the adjacent parcels' of land.
FEES -CONDITIONAL USE PER1\11TS -
~ $ 75.00 For each variance request with CUP application
~ $175.00 Residential Accessory Use
___ $250.00 Institutional (church, school, etc.)
___ $225 .00 Guest House/Guest Apartments
___ $200.00 Duplex Credit/Bldg
$300.00 Commercial/Industrial Use ---
$250.00 Land Alteration ---
--/'. Grading and filling -designated wetland or floodplain
---
---
---
__lL._ Grading and filling -101 cu. yd. or more
Grading , seawall, retaining walls within 75' of lakeshore
PRD/PID -see Fee Schedule
$150.00 Renewal Fee (no change from original application)
After-the-Fact Fee -Double Current Application Fee
OTHER APPLICATIONS
___ $250.00 Commercial Site Plan Review (+ consultant fees)
$300.00 Vacation ---
$200.00 Easement Vacation ---
$100 .00 Easement Vacation With Subdivision ---
---$350.00 Rezoning (PUD -refer to fee schedule)
___ $350.00 Comprehensive Plan Amendment
___ $100.00 Appeals
Other -see Fee Schedule ---
PRESENT USE OF PROPERTY
Present Zoning District __ __./'------
(month/year)
Present Use of Property \/ Residential ___ Other (specify) _____ _
6
REQUIRED SUBMITT ALS
1. V Completed Application Form.
2. L Describe request in detail.
3 . Certified Property Owners List of owners within 350', labels and plat map (you
must obtain this list, labels and map from Hennepin County Department of
Fi1:a1;c~, ~-~.03 ~ G?_vernment Center, 348-32711 t-,:: · .. :;. ~-
4 . --Certifit:a~·-crs iilveY (sigftett';t>y a ticensed.'.lS urveyor) -refer to handout for survey
information.
5 . Attach legal description to application if not included on required survey.
6. Topographic survey (existing and proposed contours) if land alterations involve
changes in elevation (grades).
7. List of the legal names (include marital status) of all persons with an interest in
the property. This would .include name(s) of applicant(s) if not current owner(s ).
8. __ Construction plan, if applicable (see staff for requirements).
9. As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY
FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS-
SUBMITTED. (Staff will require to scale drawings of all documents , plans , etc . to be
submitted.)
The Applicant and Property Owner must sign this application. Please remember that your
application is not complete if the above information has not been included.
Certification by Clerical Department that Land Use Application is complete.
Initials of Clerical Staff: Date ------------
APPLICANT'S SI GNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or unusual expenses incurred in review of this application , and certifies that the
information supplied is true and correct to the best of his/her knowledge.
Applicant's signature ~ J , ~ Date Z -Z.-/ -''£'?
OWNER'S SI GNATURE
The owner hereby acknowledges and agrees to this application and further authorized
reasonable entry onto the property by City staff, consultants, agents , commission members ,
and Council members for purposes of investigation and verification of this request.
Applicant must ha all submittals into the City offices 25 days before the Planning Commission Meeting .
Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at
all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a
scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the
Building & Zoning Office of this change prior to the meeting.
7
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RUN DATE D2/22/96
BATCH 516
38 05-117-23 12 0013
r PROP ADDR 00200 BEDERHOOD DR
OWNER NAME G L & J H GUSTAFSON
TAXPAYER JOANN H GUSTAFSON
NAME/ADDR 200 BEDERHOOD DRIVE
r· LONG LAKE MN 55356
'..
38 05-117-23 12 0017
PROP ADDR 03415 HIGH LA
OWNER NAME RICHARD G MARKLUND
TAXPAYER RICHARD G MARKLUND
NAME/ADDR 34i5 HIGH LA
.LONG LAKE MN 55356
r 38 05-117-23 13 0004
PROP ADDR 00038 ADDRESS UNASSIGNED
OWNER NAME G L GUSTAFSON ETAL
TAXPAYER GERALD . L GUSTAFSON
NAME/ADDR 200 BEDERHOOD DR
LONG LAKE MN 55356
38 05-117-23 13 0012
PROP ADDR 03420 BAYSIDE RD
OWNER NAME R & HANDERSON
TAXPAYER ROBERT F & HENDY SANDERSON
NAME/ADDR 3420 BAYSIDE RD
LONG LAKE MN 55356
r
38 05-117-23 13 0015
PROP ADDR 00038 ADDRESS .UNASSIGNED
OWNER NAME K BANGERT & V BANGERT
TAXPAYER .K BANGERT&. V BANGERT
NAME/AD DR 3500 BAYSIDE RD
ORONO MN 55391
-38 05-117-23 13 0023
PROP ADDR 00225 TONKA AVE
OWNER NAME CAROLE J WALSH
TAXPAYER CAROLE J HAL$H
r NAME/AD DR 225 TONKA AVE
LONG LAKE MN 55356 -•
(
HENNEPIN COUNTY PROPERTY. INFORMATION SYSTEM
PROPERTY OHN~RS LIST
38 05-117-23 12 0015
00038 ADDRESS ·UNASSIGNED
STATE OF MINN ,
STATE OF MINN ·1DNRJ
(LUCE LINE TRAIL)
38 .05-117-23 13 0002
00215 TONKA AVE
MICKY OLSGARD
MICKEY OLSGARD
PO BOX 1016
MPLS MN 55440
38 05-117.-23 13 0005
00038 · ADDRESS UNASSIGNED
G L GUSTAFSON ETAL
GERALD L GUSTAFSON
200 BEDERHOOD DR
LONG LAKE MN ~5356
38 05-117-23 13 0013
03440 BAYSIDE RD
TM ZIESMER & MT ZIESMER
TODD M & MARIE T ZIESMER
3440 BAYSIDE RD
LONG LAKE MN 55356
38 05-117-23 13 0016
03510 BAYSIDE RD
CH MORRISON & JP MORRISON
CLINTON H & JODY P MORRISON
3510 BAYSIDE RD
LONG LAKE .MN 55356
38 05-117-23 13 0028
00295 TONKA AVE
H & R SCHMITZ
HENRY & ROSIE SCHMITZ
295 TONKA AVE
LONG LAKE MN 55356
REPORT NO. PI435401
PAGE 37
38 05~111-23 12 0016
00038 ADDRESS UNASSIGNED
STATE OF MINN
STATE OF MINN · IDNRJ
(LUCE LINE TRAIL)
38 05-117-23 13 0003
00038 ADDRESS UNASSIGNED
FLORIAN J STERNER ETAL
ROBERTA E VAUGHAN
3440 BAYSIDE RD
ORONO MN 55356
38 05-117-23 13 0011
00220 BEDERHOOD DR
G & J GUSTAFSON
GERALD L GUSTAFSON .
200 BEDERHOOD DRIVE
LONG LAKE MN 55356
38 05-117-23 13 0014
03470 .BAYSIDE RD
JG HALSTEQT & L H HALSTEDT
JOHN G & LYNN H HALSTEDT
3470 BAYSIDE RD
LONG LAKE MN 55356 ·
38 05-117-23 13 0017
03560 BAYSIDE RD .
A & B BALGAARD
ALVIN T/BEATRICE H BALGAARD
3560 BAYSIDE RD .
LONG LAKE MN 55356
38 05-117-23 13 0029
00038 ADDRESS UNASSIGNED
ESTHER MADDISON
ESTHER MADDISON
3382 BAYSIDE RD
LONG LAKE MN 55356
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RUN DATE 02/22/96
BATC .H 516
PROP ADDR
OWNER NAME
TAXPAYER
~AME/ADDR
PROP ADDR
OHNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR.
PROP ADDR
OHNER NAME
38 05-117-23 13 '0030
03400 BAYSIDE RD
D & S ESTERS
DANIEL & SANDRA ESTER$
3400 BAYSIDE RD
LONG LAKE MN 55356
38 05-117-23 13 0043
03444 EASTLAKE ST
DA MONGE & NA.MONGE
DEAN A & NANCY A MONGE
3444 EASTLAKE STS
LONG LAKE MN 55356
38 05-117-23 13 0046
00038 ADDRESS UNASSIGNED
DA MONGE & NA MONGE
DEAN~ & NANCY A MONGE
3444 E LAKE ST S
LONG LAKE MN 55356
TAXPAYER TOTAL BATCH 516 00027
NAME/ADDR
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OHNERS LIST
38 05~117-23 '13 0041
03568 BAYSIDE RD
J H & JP BARTLETT
JEFFREY & JO ANNE BARTLETT
3568 BAYSIDE ROAD
LONG LAKE MN 55356
38 05-117-23 13 0044
03424 EASTLAKE ST
TE RADKE & MA RADKE
,THOMAS E & MARGARET A RADKE
3424 EASTLAKE ST
LONG LAKE MN 55356
38 05-117-23 13 0049 .
00222 BEDERHOOD DR
JEFFREY D MUELLER
JEFFREY D MUELLER
222 BEDERWOOD DR
LONG LAKE MN 55356
/
REPORT NO. PI43540l
PAGE 38
38 05-117-23 13 0042
03464 EASTLAKE ST
M & N HUNSLEY
MA~K A HUNSLEY
3464 E LAKE ST
LONG LAKE MN 55356
38 05-117-23 13 0045
00038 ADDRESS UNASSIGNED
JG HALSTEDT & L H HALSTEDT
JOHN G & LYNN H HALSTEDT
3470 BAYSIDE RD
LONG LAKE MN 55356
38 . 05-117-23 13 0050
00245 TONKA AVE
MARY KAY MCCARTY
MARY MCCARTY
245 TONKA AVE
LONG LAKE MN 55356
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY T~TION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF. . ~,...
DATE _ 2/2~/s~ BY . ~ ,4,q~-
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Certificate of Sur v ey
for Cutting Edge
in Lot 2 3 , Aud. Sub. No. 203
and Outlot A, Bayside Beach
Henn ep in Count y , Minnesota
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Legal Desc ription
Lot 23, Auditor's Subdivision
No. 203, Hennepin County, Minnesota
and Outlot A, Ba ys iJ e Beach.
This survey shows the location of an
e xisting house and deck and~ pro-
posed garage in relation to the east
line of the abov e d e scribed property.
It does not purport to show any
other improvements or encroachments.
•: Iron marker found
o: Iron marker set
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I hereby certify that this survey was prepared by me or under my direct super-
vision, and that I am a duly registered Civil Engineer and Land SLirveyor under
the laws of the State of Minnesota .
~L~
Mark S. Gronberg Minnesota License Number 12755
I
DATE 15-/0-9]
SCALE /''::So /
JOB NO. 93 -25'4
HARDCOVER CALCULATION WORKSHEET y
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 25-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House 3.:2. X 38 = /Z/& S.F.
Length Width ~11 gt«-""-St,, ~;1ot..c.N 1 1./ X ,,. 41' = I t9& S.F. fr.:__ ;f't}
\., ... 'l,~). X = S.F.
'~~"'_>$:" X = S .F .
B. Garage 3 2. X 3 0 L.2/lo S.F . r Q = r~--
-IS 'l.7~iJ
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C. Driveway I 71.) X /S / 9 <Jo S.F.
X = S.F .
fj ~F;,{.'.".·,
D. Sidewalk 2. 5"' ~(.) 2.~0 S.F.
." . _-.,(..J,~..,: ~·,
X = t
X = S.F .
~,. ~~ it ,, II.·,
Patio /Deck lb 38 ~ /) 8. " "·. !;"' E. X = S.F . Fl ·t• '1 \ 1~ f~· llt2 X 30 = ttel) S.F . ~d'~ '\-.;~
F . Landscape r Ad. o µ r "'-' s .1()c f'4..;L!2_s_ = (.a_ tJ. I 2.. S.F.
Underlain X = S .F .
By Plastic X = S .F .
G. Other X = S.F.
TOTAL HARDCOVER IN ZONE L_2.j ~~f? S.F . A
TOT AL PROPERTY AREA IN ZONE 2.~ 'IQD S.F . B
A /2 , i/68 B 2'7) i./00 X 100 = ¥.3 %
J
PROPOSED HARDCOVER IN ZONE
A. House 32. X 38 = 12.1_4, S.F.
Length Width
::5 /.,>/-> jJ () tUI--J l 't. X Ii/ = I 9~ S.F.
X S.F .
19· O I) iTJ u~ 2, z X Z,B -t, = ~ z. 2 S.F .
B . Garage 3 2. X 3g = I Z !~ S.F .
C. Driveway l7Q X L 'S 1s-'(1!£A l'i 9o S.F .
X = S.F.
D. Sidewalk z.s X 3D 7S'D S .F.
X = S .F .
E. Patio/Deck !Ca X 28. = ~D8 S.F .
J l, X J& = re, oR S .F.
F. Landscape X = S.F .
Underlain X = S.F .
By Plastic X = S.F.
G. Other X = S.F.
TOTAL HARDCOVER IN ZONE 7 ~ 2Ll S.F. A
TOT AL PROPERTY AREA IN ZONE 7,,. i 4 (2_/) S.F. B
A 7) 2. I I B 2-f; 4/:-0'0 X 100 = 2 ¥· 2 %
11
3-12-1996 2:50PM FROtvl EH·-IE.STROO ' ASSOC 6 I 2 636 l 31 1 §---P. l
j fl j Bonestroo
~Rosene
bAnderlik&
1 \J 1 Associates
Bonestroo. Rosene. And erl ik and A.s.soci ~1te~. Inc. is an Affirmative Acti on/Equar Opportunity Employe r
Engineers & Architects
March 12, 1996
Ms. Jeanne A. Mabusth ,
Otto G. Bonestroo. P.E.
Rob1?rt W . Ro'..ene, P.E.~
Josep11 c. An,1erlik . r .E.
Marvin L. So r v;ila. P.F.:.
Ricl1ard E. rurnl?r, f'.E.
GJ,s,nn R. Cook, P .~.
Thomas E. Noye?:, P.E.
Robert G. S(hunicht, P.E.
Su sa n M . Eberlin, C.P .A . •
• Senior ConsuJtant
Building and Zoning Administrator
City of Orono
Post Office Box 66
C1ystal Bay, Minnesota 55323
Re: Walstedt Residence
File No. 139-2116
Dear Jeanne,
Howard A . San f ord. P.E .
Kie Ct/1 A. Gordon., P.E .
F:obert R. Pfefferl e, P.E.
Richard W . Fos:te r. P.E.
DdVid 0 . LO.skota. P.E .
Robert C. RuHek, A.I.A.
Jerry A. Bourdo n , P£.
Mark A. Hanson. P.E.
Michael T. Rautmann, P.f..
Ted K. Fi e ld. P.E.
Thomas R. Anderson , A.I.A.
Mlchae:I C L ynct1. P.E.
James r.:. M.1l.1nd. P.E.
Jerry D . Pertisch, P.E,
Sc ott J . Aryan~k. P.E.
Kenneth P. And~r son . P.E.
M<:1 rY. R. Rc,lfs , F'.E.
M~rk A . Seip, P.C .
Gary W. Mo rien , P.E.
Pt1ul J, Gar..,nQn, A .I.A .
Danie l J . Edgerto n . P.£.
A. Rfc l-'. Sd1mil1t, f'.E.
James R. Ro:;enmerkef, F'.E. Dare A. Grove, P.E.
D on31d C . But'g&t f'dt , P.E . Philip J . Caswell, P .E.
Tl1omas A. Syfko , P.E. Mark D . Wallis. P.E.
Frederi( J. Stenborg, PE Mile!: B. J en se n , P.E.
Ismael M a rtinez . P.E. L. Ph iUip Gravel, r .E.
Micriael P. Rau. P.f. Karen L Wiemeri, P.E.
Thc>m<1s W . Pet erson, P.E. Gary D . Kn!;ro rH:z . P.E.
Br"ian K . G.;,ge. P.E.
F. Todd Fost~r. P.E.
Keit/1 R. Yapp, P.E.
Do ugl as: J . Benoit, P.E.
S:l1aw n D . Gustafson, PE
Ct:.c:i ll<.> Olivier. P.E.
Kerit ). W<tgnl:'r. P .I:.
Paul G. Heuer, P.F..
John P. Goraer, P.E .
D a n D . Boyum, P.E.
J e t frey J . Ehlerl nge r , P.E.
JO'.tepll R. Rt'H~in , P.£.
Lf!'~ M . Mann. P .E.
Charh:!!: A 1:::.-i c k:!.c,n
Leo M . Pawelsky
H .1 rJan M. Olson
Agnes M. Ring
James F. Enge lhar d t
\Ve have reviewed the proposed grading plan for the Walstedt residence at 3470 Bayside
Road . The proposal includes excavating approximately four feet along the west side of the
existing house to create a walkout entry and courtyard . The excavated materials will be
used as fill near the center of the property. The grading plan appears acceptable from an
engineering standpoint.
It appears that the majority of the property presently drains west to a low area near
Bederwood Drive. The grading plan shows a new drainageway that will be constructed
along the west side of the house from the existing garage to Bayside Road . The grades on
the drainage way are acceptable . If the disturbed areas are sodded there should be little
potential for erosion . Erosion control measures should be inplace at the west property line
near the low area and in front of the house prior to the grading to protect the Lake.
It appears that the new drainageway will direct approximately one acre of additional
property towards Bayside Road. We have not determined if the.re will be any impacts to
Bayside Road due to this change. It may be necessary to do some ditch cleaning or other
minor improvements to facilitate the additional runoff. The plans should be submitted to
Hennepin County for their review and comment. Depending on their comments, a meeting
at the site may be necessary.
Please contact me at this office if you have any questions regarding this matter.
Yours ve1y truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
~:D.~
Shawn D . Gustafson, P.E.
2335 West Highway 36 • St. Paul, MN 55113 • 612-636 -4600
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DATE: Z,-t.1-corl,
REV :
DR. BY: p.H PROJECT
I HEREBY CERTIFY 1liAT nus PV,N. SPECIF1CATION.
OR REPORT WAS PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION. AND 111AT I AM A DULY REGISl'ERED
I.MiDSCAPE ARCHITECT UNDER THE U..WS OF TiiE STA'll!:
OF MINNESOTA.
WJ).,.Lt:rreor ... :~1~
.. -'4-7Do~;~i ~
~&.JlJ(CJL ll ~A,.1; Dl;YltLO,.MINTI
HAUCIC ASSOCIATES, INC.
3620 FRANCE AVENUE SOUTH
ST. LOUIS FAIUC, MN 55416
(612) 920-5011 PAX (612) 920-2920
MINNESOTA CONTR.t 8242 ~
April 1, 1996
Mr. and Mrs. John Walstedt
34 70 Bayside Road
Orono , MN 55356
Dear Mr. and Mrs. Walstedt:
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The enclosed approval resolution will be presented to the Council for their review and formal action
at their April 8 , 1996 meeting. You are asked to review the resolution and to contact staff prior to
the meeting if you have any questions.
Sincerely ,
):::u~
Building & Zoning Administrator
JAM/lsv
Telephone (612) 473-7357 • FAX 4~10
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
ZONING FILE #2116
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: March 27, 1996
~---~~-------------------------------------------------------------------------------------------------~,
TO: Mr. and Mrs. John Walstedt
34 70 Bayside Road
Orono, MN 55356
COPIES:
---------------------------------------------------------------------------------------------------------------------
TYPE OF APPLICATION: Conditional Use Permit
DATE OF MEETING: 03/18/96 VOTE: 5 FOR O AGAINST
The Planning Commission recommended approval of your application , subject to the three
conditions set forth in the staff memo of March 11, 1996.
Applicant's next scheduled meeting is confirmed at the City Council meeting of April 8, 1996;
the meeting starts at 7:00 p.m. Prior to the meeting you will receive a copy of an approval
resolution ~'. tat will contain the findings and conditions of the Planning Commission
recommendation. The resolution will be presented to the Council for their review and formal
action at that meeting . You are asked to review the resolution and to contact staff prior to the
meeting if you have any questions.
lsv
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18 , 1996
( #7 -#2115 Frank Bennett -Continued)
Hawn asked if any of the spoils would be used on the property. Gustafson said the
majority would be taken off the property to an appropriate , suitable site . Some of the
spoils will be used by property owner to the south with new construction, and applicant
would use some with construction of new road. Mabusth said there was no road or
weight restrictions. as Tonkawa is a County road .
Smith inquired about the slope at the edge of the pond . Gustafson said the 4 : 1 slope
would have a fluctuating water level. He proposes the house side of the pond to be a
cleaner look and a meadow look to the back side of the pond.
There were no public comments .
Peterson moved , Berg seconded, to recommend approval of Application #2115 with Staff
recommendations 1-5 . The applicant is to work with Staff and Engineer to develop a
proper drainage plan in staging. The back side of the pond is to remain natural pasture
land as it now exists . Staff will verify whether the application needs Corps of Engineer
approval before going before the Council . Vote: Ayes 5, Nays 0 .
(#8) #2116 JOHN AND LYNN WALSTEDT, 3470 BAY SIDE ROAD-
CONDm ONAL USE PERMIT -PUB LIC HEARING -8:58-9:03 P.M.
The Certificate of Mailing and Affidavit of Publication were noted .
Mr. Walstedt was present.
Mabusth reported that the new owners of the property propose an addition to the west
side of the residence . It is their intent to dig under the upper level to add a walkout
design : The entire project involves 1000 cubic yards of earth movement. 500-600 c . y.
resulting from the excavation for walkout would be placed in the rear yard. A swale
would also be excavated, which would drain along the west side of the residence to
Bayside, redirecting the flow of 1 acre of the property to Bayside. Mabusth said Staff will
meet with the applicant and County representative regarding improvements to the ditch
area .
Mabusth noted that the application did not require a variance . She further commented
that the proposal would result in a hardcover reduction in the 75-250' zone from 40+% to
24 .1%.
11
1\.flNUTES OF THE ORONO PLANNING CU M.MISSION
MEETING HELD ON MARCH 18 , 1996
(#8 -#2116 John and Lynn Walstedt -Continued)
Gustafson commented on the drainage on the site. The low spot on the property collects
runoff in the wetland and takes it to an area near Bederwood. The change to the drainage
would allow more drainage to the south to the county road . The County will review the
plan for possible improvements on Bayside, but Gustafson felt the drainage by Bederwood
was a larger problem. He did not see any potential for erosion and was in favor of the
swale.
There were no public comments .
Smith moved , Hawn seconded, to approve the conditional use permit for the new
construction and for the erosion control with County review prior to project beginning .
Vote : Ayes 4, Nays 0 .
(Schroeder was not in attendance during this application and did not participate in the
vote. Hawn was excused from the meeting at this time.)
(#9) #2 11 7 THOM AS M CCUNE, 1473 B AY RIDGE ROAD -CONDITIONAL USE
PERMITN ARIANCE -PUBLI C HEARING-9:07-9:12 P.M.
The Certificate of Mailing and Affidavit of Publication were noted .
The Applicant was present.
Mabusth noted that the property has suffered major erosion problems. She recalled the
emergency ordinance of 1987 allowing property owners to make repairs with Staff
approval after a major rain storm . 24' of retaining walls at the northeast corner were
installed at that time. Mabusth commented that it has been the Engineer's
recommendation to install masonry walls but the Engineer has approved the timber wall
design and detail. The timber wall design ties in with what is presently on the property.
Peterson commented on the necessity of the retaining walls with its proximity to the
roadway. Peterson explained that the trend for masonry is being encouraged due to the
eventual failing of timber-type walls. Mabusth said she had informed the applicant of the
need for County permit but added that Dave Zetterstrom of the County had verbally
voiced his approval.
Berg moved , Smith seconded, to recommend approval of Application #2117 for a
conditional use permit with Staff recommendations #1-4 . Vote: Ayes 4, Nays 0.
Mabusth said the application would be on the agenda of the Council meeting of March 25 ,
1996 .
12
~fl~ Bonestroo
_~ __ Rosene
Bonestroo. Rosen e , Anderlik and Associates. Inc. is an Affirmative A c tion/Equal Oppo rtunity Employ er
b Anderlil< &
1 \J 1 Associates
En g in ee rs & A rchitects
March 12 , 1996
Ms . Jeanne A . Mabusth,
Otto G. Bonestroo, P.E .
Robert W . Ro sene, P.E .*
Joseph C. Anderlik, P.E.
Marvin L. Sorvala, P.E .
Richard E. Turner, P.E .
Glenn R. Cook, P.E.
Thomas E. Noyes. P.E.
Robert G . Schunicht, P.E.
Su sa n M . Eberlin, C.P .A .*
• Senior Consultant
Building and Zoning Administrator
City of Orono
Post Office Box 66
Crystal Bay, Minnesota 55323
Re : Walstedt Residence
File No. 139-2116
Dear Jeanne,
Ho w ard A. Sanford. P.E.
Ke ith A. Gordon .. P.E.
Rob e rt R. Pfefferle. P.E.
Richard W . Foster, P.E.
D a vid 0. Loskota, P.E.
Robert C. Russ e k. A.I.A.
Michae l C. Ly nch, P.E.
James R. M a land, P.E.
Jer ry D . Pertzsc h, P.E.
Scott J. Arganek, P.E .
Kenneth P. Anderson. P.E .
Mar k R. Rolfs, P.E.
Je rry A . Bourdon, P.E. Mark A. Seip, P.E.
M a rk A. Hanson, P.E. Gary W . Marien, P.E.
Michael T. Rautmann. P.E. Paul J. G a nnon. A.I.A.
Te d K. Field, P.E. Dani el J. Edge rto n , P.E.
Thomas R. Anderson, A.I .A. A. Rick Schmidt, P.E.
James R. Rosenmerke l. P.E.
Donald C. Burgardt, P.E.
Thomas A. Syfko , P.E.
Fre deric J. Stenborg. P.E.
Ism ael Martinez, P.E.
Michael P. Rau. P.E.
Thomas W . Pe t e r son, P.E.
Dale A . Grove. P.E.
Ph i lip J. Cas w e ll, P.E.
Mark D . W a llis, P.E.
Mile s B. Jense n . P.E.
L. Phillip Gravel, P.E.
Karen L. Wie meri. P .E.
Gary D . Kri st o fitz, P.E.
Brian K. Gag e, P.E .
F. Todd Foster. P.E.
Keith R. Yapp, P.E.
Douglas J. Benoit, P.E.
Shawn D . Gustafson, P.E.
Cecilio Oliv ier, P.E.
Ke nt J. W agner, P.E.
Paul G. He u e r, P.E.
John P. Gorder, P.E .
D an D . Boyum, P.E .
Je ffre y J. Ehle ringer, P.E.
Jose ph R. Rhein, P.E.
Lee M . M ann, P.E.
Ch arles A . Erickson
Leo M. Pawelsky
Harlan M . Olson
Agnes M . Ring
J am es F. Engelha rdt
We have reviewed the proposed grading plan for the Walstedt residence at 3470 Bayside
Road. The proposal includes excavating approximately four feet along the west side of the
existing house to create a walkout entry and courtyard. The excavated materials will be
used as fill near the center of the property. The grading plan appears acceptable from an
engineering standpoint.
It appears that the majority of the property presently drains west to a low area near
Bederwood Drive. The grading plan shows a new drainageway that will be constructed
along the west side of the house from the existing garage to Bayside Road. The grades on
the drainageway are acceptable. If the disturbed areas are sodded there should be little
potential for erosion. Erosion control measures should be inplace at the west property line
near the low area and in front of the house prior to the grading to protect the Lake.
It appears that the new drainageway will direct approximately one acre of additional
property towards Bayside Road. We have not determined if there will be any impacts to
Bayside Road due to this change. It may be necessary to do some ditch cleaning or other
minor improvements to facilitate the additional runoff. The plans should be submitted to
Hennepin County for their review and comment. Depending on their comments, a meeting
at the site may be necessary.
Please contact me at this office if you have any questions regarding this matter.
Yours very truly,
BONEST ROO , ROSENE, ANDERLIK & ASSOCIATES, I NC.
~J)-~
Shawn D. Gustafson, P.E.
2335 West Hi g hway 36 • St. Paul, MN 55113 m 612-636-4600
... ·-·······---·--------·-----·····-·· -------------··-------
.......... :. }·~ ...
. -·' ~~ CITY OF ORONO . . ;. --~·movement and filling i n conjunction with new
2750 Kelley Parkway, P.O. Box 66 . : _ constructj on on the property.. Excess fill
Crystal Bay, MN 55323 results _ from structural improvements and
Phone (612)473-7357 Fax 473-0510 . ·. additions lo the exis_ting residence consisting
· . , . .: of an. addition ··at the west side of the
Affidavit of Publication
. ' ·;. · · .tiQI.ikE ·.-; -: ··-· . ·,·, > reside'nce and lhe excavation of a walkout on
.. .,, . ·.·· ...... _. ··.· :,-., .:,:· '· ·,:.:e ·thesouthsideofth~re~idei:,ce: The purpose St t f M' t C ty f H .
The Planning Cpmmission will hold public :i,-;Of,!he"filling 'in··1h~}ear,ya rd i~ to _,redirect a e O mnesO a, OUn O ennepm.
hearings in .the Councii'Chamberl! at 2780 1--_• i:lrainage away ·from .r.esipence to ·a swale
Kelley P~y .P(l ,Monday, March 18," 1996, -i. }Jlgng the. ~esi ~rl<! ~tJ!h s:d,~.., o!_!he_·~o~rtya, . .
the meeting COO]mences at 7:00 p .m.; on the :..,~"'"" '.,.., .. : ·c-·,-. , · ·• "· ' J,m: :f~ ·" .o · ' :~ 8111 Holm, being duly sworn on oath says that he is
· matter of reviewing the following land use '_.5 . #2117 Thomas McCune --of . 1473 Bay . '
applications: , . . . Ridge Road has filed a ~ondilional use permit , an authorized agent and employee Of the publisher
· · . to allow the mstallat1on of -a two tiered
1. #2113 David and Jean Sahlstrom of 129 .· r.etaining wall for approximately 90 linear feet . of the newspaper known as THE LAKER Mound
Chevy thase _ Drive. seek approval of a side ·.. al9ng County Road 1 ~-Tl:1e-tw9 ,tiereq Yl'.an:wm, . ' '
setback variance to permit construction 01.an· ·-.oo at a maximum.height of s·.;i1ong the north Minnesota, and has full knowledge of the facts
attached garage add ition to the north side of side and !'aper to 6' maximum _height to the I wh'1ch are stated belo .
the principal structure. sQuth . · The proposed retaining wall will · W •
. • · · . . ,. conn~t with ;m existing two tiered timber wall ·
2 . #21·14 Clark Winslow ot:1595 Sohns Point · at · 1he · north lot line · that-exfends .
Road -has filed a conditional use permit and.:· approximately 24 ' /nto appl icant's property. A.) The newspaper has complied with all the
varia,:ice application to permit ihe dredging of Applicant. has also flied for a lakeshore_ ,
approximately 80 cubic yards of spoils and setback variance ·that would 'l!llow the requirements constituting qualifications as a
debris from a designated wetland. · · · installation of a retaining wall to be located 69'
3 . #2115 Frank ·Bennett of 315 Tonkawa
Road has filed a -conditional use permit to
permit the dredging of a pond at
approximately 3/4 to an acre in area located
to the west of the existing residence located
at 405 Tonkawa Road. The land alteration
application also involves the installation of a
connecting __ driveway with Mr. Bennett's
homestead parcefat 3 t 5 Tonkawa Roac:J and
the ex_isting private drive at · 405 Tonkawa : ·
Road.
4 . =21 t ~n and Lynn Waisted! of 3470
Ba yside Road have filed a condit ional use
permit to permit land a lterations involving
approximately 1,000 cubic yards of earth
to 74' frnm the ~horeline where a 75' setback qualified newspaper, as provided by Minnesota
· 1s required . ·.
-. · , · ... · · · · ,: Statute 331A.02, 331A .07, and other applicable
'All persqns wishing to be heard will appear at '
this meeting . Written comments are solicited . laWS, as amended .
Plans are available in the City Offices for / ! let ~ ~ ;;;;· -
rev,e ~, by appointfen'.. . . /(! j . )
City of Orono .. ·, B.) The printed ffll?r~ rJ _ · 'C.. /'{l,'j_
By : Planning Commission . · _ I
Jeanne A. Mabusth
Building & Zoning Administrator
(Published in The Laker and Pioneer, March
2 , 1996)
which is attached was cut from the columns of said
newspaper, and w1s printed and published once
1
each week for successive weeks:
It was first published Monday,
the a day of /f/@diL 19fk_,
and was thereafter printed and published every
Monday, to and including Monday,
the ___ day of ,--:, ._ ~' 19
~~Agent
Subscribed and sworn to me on this
ate In ormation
(1) Lowest classified rate paid by commercial users
for comparable space: $12.20 per inch.
(2) Maximum rate allowed by law for above matter: $12 .20.
(3) Rate actually charged for above matter: $7 .00 per inch.
Each additional successive week : $5 .05.
CERTIFICATE OF MAILING
STATE OF MINNESOTA
COUNTY OF HENNEPIN ss.
CITY OF ORONO
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
c oncerning the matter of #2116, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 28th day of February, 1996.
Jamie · B'
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612)473-7357 Fax 473-0510
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, March 18, 1996, the meeting commences at 7:00 p.m., on the matter of
reviewing the following land use applications:
1. #2113 David and Jean Sahlstrom of 129 Chevy Chase Drive, seek approval of a side
setback variance to pennit construction of an attached garage addition to the north side of
the principal structure.
2. #2114 Clark Winslow of 1595 Bohns Point Road has filed a conditional use pennit and
variance application to pennit the dredging of approximately 80 cu bic yar d s of spoils and
debris from a designated wetland.
3. #2115 Frank Bennett of 315 Tonkawa Road has filed a conditional use pennit to permit
the dredging of a pond at approximately 3/4 to an acre in area located to the west of the
existing residence located at 405 Tonkawa Road. Toe land alteration application also
involves the installation of a connecting driveway with Mr. Bennett's homestead parcel at
315 Tonkawa Road and the existing private drive at 405 Tonkawa Road.
4. #2 116 John and Lynn Walstedt of 3470 Bayside Road have filed a conditional use permit
to permit land alterations i..11volving approximately 1,000 cubic yards of earth movement
and filling in corJunction with new 'construction on the property. Excess fill r esults fr om
structural improvements and additions to the existing residence consisting o f an addition
at the west side of the residence and the excavation of a walkout on the south side of the
residence. Toe purpose of the filling in the rear yard is to redirect drainage away from
residence to a swale along the west and south side of the property .
5. #2117 Thomas McCune of 1473 Bay Ridge Road has filed a conditional use permit to
allow the installation of a two tiered retaining wall for approximately 90 linear fe e t along
County Road 15 . The two tiered wan will be at a maximum height of 8' along the north
side and taper to 6' maximum height to the south. Toe proposed retaining wall will
connect with an existing two tiered timber wall at the north lot line that extends
approximately 24' into applicant's property. Applicant has also filed for a lakeshore
setback variance that would allow the installation of a retaining wall to be located 69' to
74' from the shoreline where a 75' setback is required .
All persons wishing to be heard will appear at this meeting. Written comments are solicited.
Plans are available in the City Offices for review , by appoinnnent.
City of Orono
Pl ·ng Cornczn .. 4 , a/n:<~
Mabusth _,£/ ..e::t:.
Building & Zoning Administrator
To be published the week of March 4, 1996 .
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
DATA PRIVACY ADVISORY
Mailln& Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
In accordance with M .S. 13.04 , Subd. 2 , "Rights of subjects of data", we would like
to inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You are notified that:
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 requires Council action to approve , some
information may become public.
5. You have certain rights under M .S. 13 .04 (see following page) to review private
data on yourself.
6. Your full name is required to process this application or permit.
First Middle
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Address
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City
I understand my rights as stated above .
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State
Last
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Zip
Telephone (612) 473-7357 • FAX 473--0510
8
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Sec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision I. Type of data. The rights of individual on whom the data is stored
or to be stored shall be as set forth in this section.
Subd. 2. Information required to be given individual. An individual asked to
supply private or confidential data concerning himself shall be informed of: (a) the purpose
and intended use of the requested data within the collecting state agency, political subdivision,
or statewide system; (b) whether he may refuse or is legally required to supply the requested
data; (c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and ( d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an individual is asked to
supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement
officer.
The commissioner of revenue may place the notice required under this subdivision in
the individual income tax or property tax refund instructions instead of on those forms.
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored data on individuals, and
whether it is classified as public, private or confidential. Upon his further request, an
individual who is the subject of stored private or public data on individuals shall be shown
the data without any charge to him and, if he desires, shall be informed of the content and
meaning of that data. After an individual has been shown the private data and informed of
its meaning, the data need not be disclosed to him for six months thereafter unless a dispute
or action pursuant to this section is pending or additional data on the individual has been
collected or created. The responsible authority shall provide copies of the private or public
data upon request by the individual subject of the data. The responsible authority may require
the requesting person to pay the actual costs of making, certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within five days of the date of the request, excluding
Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot
comply with the request within that time, he shall so inform the individual , and may have an
additional five days within which to comply with the request, excluding Saturdays, Sundays
and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature
of the disagreement. The responsible authority shall within 30 days either: (a) correct the
data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate
or incomplete data, including recipients named by the individual; or (b) notify the individual
that he believes the data to be correct. Data in dispute shall be disclosed only if the
individual's statement of disagreement is included with the disclosed data.
The determination of the responsible authority may be appealed pursuant to the
provisions of the administrative procedure act relating to contested cases.
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