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Home My WebLink About#2383 Scanned FileBELLEVILLE, ILLINOIS BLOOMINGTON, ILLINOIS CHAMPAIGN. ILLINOIS CHICAGO, ILLINOIS JOLIET, ILLINOIS LISLE, ILLINOIS PEORIA, ILLINOIS ROCKFORD, ILLINOIS SPRINGFIELD, ILLINOIS WAUKEGAN, ILLINOIS WRITER'S DIRECT DIAL NO. (612)295-0660 Christine Valerius 2242 Commerce Blvd. Mound,MN 55364 HINSHAW & CULBERTSON PIPER JAFFRAY TOWER SUITE 3200 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402 612.333.3434 TELEFAX: 612.334.8888 January 5, 1999 Re: Valerius Addition (the "Plat") Dear Chris: FT. LAUDERDALE, FLORIDA JACKSONVILLE, FLORIDA MIAMI, FLORIDA TAMPA, FLORIDA MUNSTER, INDIANA ST.LOUIS,MISSOURI APPLETON, WISCONSIN BROOKFIELD, WISCONSIN LAKE GENEVA, WISCONSIN MILWAUKEE, WISCONSIN FILE NO. 752031 I am pleased to advise you that the Plat was recorded December 31, 1998, in the office of the Hennepin County Recorder as Document No. 7014368. The Recorder rejected the affidavits signed by John Burger, Mary Jane Burger and Gary R. Valerius for recording. Enclosed are three affidavits that have been redrafted. Please have them signed by the respective individuals in the presence of a notary public, have them notarized and return them to me as soon as possible for recording. Thank you for your immediate attention to this matter. If you have any questions, please do not hesitate to contact me. Enclosure cc: Liz Van Zomeren Thomas A. Barrett, Esq. Very truly yours, ~{!)MuJ?~ Nancy L. Chadwick Legal Assistant A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS December 17, 1998 City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 To Whom It May Concern: Thomas E. Casey Attorney at Law 2854 Cambridge Lane Mound, Minnesota 55364 (612) 472-1099 Fax: (612) 472-4771 Today, I received via facsimile from Chris Valerius a certified copy of the Satisfaction of Judgment for the following item contained in my 12/15/98 correspondence: 16. Judgment dated August 22, 1990, docketed September 20, 1990, in the amount of $552.74. (See Willard k Olsen, DBA Olsen Insurance v. Gary Valarius; Case No. 90-16525.) Said Satisfaction of Judgment was filed on December 16, 1998. (See enclosure.) Therefore, the Judgment is no longer a lien against the subject property referred to in my 12/15/98 correspondence. very ['tr,uly j // \'--H/ Tho~as TEC:rf cc: Chris Vale 1ius file Encl. .-. raye.c:..u1, ', 'I , \ '',! :' '' •~ 1 1 , ', •"..c,•:'-,:'~•1•~:,:r•r;.:~i.':, : ;'r L.::':·::::·. :;_ .. :, ....... -... /::\\\_:/;,f :":.:_; .,._ +mmzm i-007 P.01/01 F-018 Plainriff'(s) Vs. 6M-7 f_. V 4t.-t2>e.t\.J) SATISJACTION or JUDGMENT 3'1 TT) l!,f+<-j..5 ,Ot::: Ld 0 ·@C4.mo ~3£k De!eadllll(!) 12/16/98 11 :0lAM 000002#4862 0C( MISFEE $:_;,, PARTIAL SATISFACTION: l, ---------:----.-~ lhe undmip,djudpezn crediior hereby certify that the j udgmem emered at1d docketed in the above--camed court in the above-entitled action on;__ ___ 19---» in favor of _ __,.. _________ and against _________ is partially sattdled in the amoum of s _______ _ and the Court AdmiJustrator sball rceord me same. ____ ....,__ ____________ .,._~---·-·-·-····-_____ .......,..._ ___ _ FULL SATISFACTION: I, VJ1L-lfM,~"-e!'d .ihc-~judgmentcm:Utorhetebycctify that the judgmea1t iaa ~ in rhe above--umcd court in the abave..:titlcd amion on 1: h k • 19 .1.£.., in favol' of Lti) I Lt.NO Q /,SW and aaamst 6 M-t, rt,, J /Me@-kU ,$ is fully saddled in the amount of S E-9ia 11 61 (1 and the C urt Adl:ninistr.Uor sh&ll record tb.c same. ii s ;;J -7 1 Su9scribed aad sworn ro before me dlb __lf_Q_ day of Ce;'e CO Q;'.'X::, , 19_¢ JS,~, 64-04,1 NOW'}' 1CICcwt~ PSL-SMS (IM7) . ~ Smrwe 5-4&. t 5 r-~~---------=l"T"ATE OF MINNESOTA, C.OUNTY OF HENNEf'II h,i11rel::iy ,;ertity thfs I-_ page documen . BR/AN~A J F,LEMMING NOTARY flrM•.Mlb!NESOTA My Com~s ·.J,.n 3j. 2000 ,, b,j)I ;.,_ tru~ and correct copy of th• or1gina n !1!0 .. 1rd of recNd in my office. -. DleJrir.:;t Cq,urt Administrator Dec-14=98 12:58pm From-HENN CTY 01ST CRT +6123482131 T-007 P.01/01 F-017 State of Mbuiesota Couaty of Hennepin i,, (; 1,. 1 r. 11 ·, District Court -' ' ' 1 t. Fourth Judicial District W ILLA-rLO Ol5f3YV . cy : , · I b l{ bD -() I '-Im P,<-c_ i /i,~i,Yj. t; dR::i) .Or fl(! < m /l 2$3 '{2 Pudff'Cs) PARTIAL SATISFACTION: FULL SATISFACTION: SATISFACTION OF JlJUGMENT I. ~ l;J I GlA4AO O / ~ • the ~juqment creditor hereby certify that the judgment mtemi md dodceted in the ~ve-~ court in the above-eauucd action on 2/n.1 .,. 19~ in favor of /;JJ1u,AyV) [)IVY'! and against /(A f-,i 12., V A;L,,l:?i-1 v £ is fully tadsfied in the amown af $ f rn ;2 M Qi,L,L and the C u.rt Administrator shall record the same. BRIANNA J FLEMMING NOTARY PUBLIC -MINNESOTA My Comm. Expires Jan. 31 • 2000 City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 Phone: (612) 473-7357 Fax: (612) 473-0510 MEMORANDUM DATE: September 16, 1998 TO: Nancy Chadwick, Hinshaw and Culbertson FROM: Liz Van Zomeren, City Planner/Zoning Administrator SUBJECT: Valerius Addition Final Plat Please find enclosed the following information: 1. Quit claim deed for driveway easement between John and Mary Jane Burger and D. J. Farr Homes, Inc. (Doc. 6465679). 2. Title Opinion prepared by Lawyers Title dated June 18, 1998 3. Declaration of Private Road and Utility Easements, Covenants and Amendments (Doc. 5444194, 544195, 6039266, 6039267) 4. Preliminary Plat Resolution (Res. 4101) 5. Final Plat Resolution 6. Access Covenant 7. Flowage and Conservation Easement Agreement and Waiver of Damages If you have any questions about filing this final plat, please call me at 4 73-7357. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 2383 NOTICE OF COUNCIL ACTION Date of Notice: September 15, 1998 ______________________ , __________________________________________ _ TO: Christine & Gary Valerius 3750 Bayside Road Long Lake, MN 55356 COPIES: ----------------------------------------------------- TYPE OF APPLICATION: Subdivision ----------------------------------------------------------------- DATE OF MEETING: 9/15/98 VOTE: 3 FOR 1 AGAINST ----------------------------------------------------------------- COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Variance Approval for the lot width is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than September 14, 1999. Final Subdivision Plat Approval -The approval resolution and other required documents and drawings will be filed and recorded with Hennepin County by the City Attorney. You may be contacted by the City Attorney if additional information is required in order for recording to occur. Note that all taxes for the current year must be paid before the County will accept subdivision for recording. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. ch ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14, 1998 PLANNING COMMISSION COMMENTS -JANICE BERG, REPRESENTATIVE Planning Commission Chair Janice Berg had no comments. PUBLIC COMMENTS Jean Bredeson, owner of a small consulting business in Wayzata, would like to relocate her business from Wayzata to 850 Wayzata Blvd., Wayzata Christian Center. She questioned Council regarding the current CUP, and whether her business would qualify under the current CUP. Mayor Jabbour replied that the use of the facility is restricted to residential use, and that schools and churches are an allowed use. Mayor Jabbour also stated that there is no provision for a CUP for her business. ZONING ADMINISTRATOR'S REPORT (#4) #2383 GARY AND CHRISTINE VALERIUS, 3750 BAYSIDE ROAD -FINAL PLAT APPROVAL -RESOLUTION NO. 4156 Gary and Christine Valerius were present. Moved by Goetten, seconded by Peterson, to a adopt Resolution No. 4156 approving the final plat of Valerius Addition for Gary and Christine Valerius at 3750 Bayside Road. Vote: Ayes 5, nays 0. (#5) #2404 OTTEN BROTHERS NURSERY, 2350 WEST WAYZATA BLVD - COMMERCIAL SITE PLAN APPROVAL Cliff Otten was present. Van Zomeren reported that the request by the applicant is for a commercial site plan approval for construction of a greenhouse addition adjacent to the existing principal structure. Otten noted from Gaffron's report that the "agreement is mute as to uses of Outlot C, hence the retaining wall/loading dock must be considered an amendment to the agreement". Otten suggested that if the agreement is mute as to Outlot C, it should be acceptable to put a retaining wall on it. Otten felt the loading dock is screened adequately from the neighboring properties. He also noted that the location of the loading dock is where they have been unloading the trucks for the past 8 years. Otten offered to sign an agreement with the City that when and if a road is constructed on Outlot C, he would remove the retaining wall. 2 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Liz Van Zomeren Title City Planner Item Description: #2383 Gary and Christine Valerius 3750 Bayside Road DATE: September 11, 1998 ITEMNO.: 11 Agenda Section: Zoning Final Plat Resolution for Two Lot Subdivision The applicant has fulfulled all the conditions set forth in the preliminary approval resolution , Resolution No. 4101. The Minnehaha Creek Watershed District reviewed the subdivision and determined that no retention pond was required. The required fees are as listed : Park dedication fee $4,900 Legal Review $ 200 Final Plat Fee $ 200 Sewer Connection $14,665 Total: $19 ,965 Staff recommends approval of the final plat, Valerius Addition, subject to findings and conditions set forth in the enclosed resolution . COUNCIL ACTION REQUESTED: To either adopt or amend the approval resolution . Attachments PAY TO THE ORDER OF City of Orono Bank of Long Lake DATE 9-14-98 72690 75-829/910 $19,965 [Ii) ST ATE BANK OF LONG LAKE 1964 WEST WAYZATA BLVD. 473-7347 LONG LAKE, MINNESOTA 55356 ~ruRE l D b Ill ? 5 ? 11 1 r fl -----------· -- ---------~---· ---------.----------------------. -·· -~-------·-------------------- The applicant has fulfulled all the conditions set forth in the preliminary approval resolution, Resolution No. 4101. The Minnehaha Creek Watershed District reviewed the subdivision and determined that no retention pond was required. The required fees are as listed: Park dedication fee $4,900 Legal Review $ 200 Final Plat Fee $ 200 Sewer Connection $14,665 Total: $19,965 Staff recommends approval of the final plat, Valerius Addition, subject to findings and conditions set forth in the enclosed resolution. COUNCIL ACTION REQUESTED: To either adopt or amend the approval resolution. Attachments JUL-06-1998 17=03 MI HHEHAHA CPEEf< l.,JATEF::::;HED 6124710682 P.04/04 .. . '' ., •Applicant:••·.·c11ri$tilie,:~~~rius. ·Re·pr-eS(lntafiy¢':: Coffin &·Gronberg 482 .. T'amarack ·Avenue ,·.•-:1v:s0.::B~~:dt~~!:~&~c1:·• . .--©r6n6(1v1N'5.53:64: ··• · Liit:d~or(: ·~~~~ S~~~#t~r$Jl~d: Long.L:ake, MN 55356 U.:10 1trri:; ... ds-tf 1·-2s~o:t·· Sub'$ijbwllt¢tshed.: ·Ex:hjbits Received: Si~e plans Runoff calculations P:reliminai:y city approval AppJicationJ~:eceiy~d: .I~e t8,T998. Mailing labels :~ppJkationCoUlpl¢te::1une29, 1998 M~iled to rcsidenJs. "·/in;(jQO' of project on: 7-01-'98 Wetland ConserviltfouA.ctNotice.mailed on: Reviewed by: Mike Panzer, Steve Schmunk, Jim Hafner Project Review Status by Other Governmental Units: Preliminary approval, City of Orono DNR General Permit: Recommendations: Approval. Issue prn11it upon receipt of signed maintenance agreement Review & Summary: This project involves the division of a 4.5 acre parcel into two separate lots. The applicant is proposing to construct a stormwater treatment pond to provide both rate contrnl and water quality treatment. A pond would not necessarily be the preferred method of meeting the provisions of Rule B given the low density of the development and the fact that a significant portion of the site is wetland, but the applicant prefers this method. Review based on: 1. Calculations dated June 27, 1998, and received on June 29, 1998, 2, Plan sheet dated June 27, 1998, and received on Jtme 29, 1998. 1. Rule J Time*: Staff $37.50 Engrs $48.00 Legal __ ~- Mailing costs: 'fotal to date: $35.80 $121.30 i,-Rule J fees cannot be collected frorn public agencies. Fees listed in this report may not be the final total incurred for the application. TCITAL F'. [14 TO: Orono Zoning Department FROM: Rolf Erickson, City Assessor DATE: ] -I 5 _<j 8' RE: Park dedication fee of: CITY of ORONO Municipal Offices Post Office Box 66 Crystal Bay, Minnesota 55323-0066 _ __,__<S_.., '-'('-~=---Acres @ $ 80) 0 O D TELEPHONE -473-7357 • FAX -473-0510 TO: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE: June 11, 1998 SUBJECT: #2383 Christine Valerius 3750 Bayside Road Preliminary Subdivision/V ariance--Public Hearing Zoning District: LR-lA, Single Family Lakeshore Residential District (2 acres) Note: A small portion of the parcel is located in the RR-JA zoning district. However, there is not enough land in this zoning district to have a buildable pad on either lot, only the LR-IA requirements apply to this subdivision. Total Area: 4.51 acres Lot 1 Lot2 Total Area 2.23 acres 2.28 acres Dry Buildable 1.38 acres 1.93 acres Wetland .85 acres .27 acres Driveway Easement .1 acres ----- Application: The subdivision proposes a 2 lot division that includes creating one new lot. A wetland credit and a lot width variance is required for Lot 1. Pertinent Ordinances: Section 10.55, Flood Plain and Wetlands Management, Subd. 15., Land Development and Platting, A. Minimum Lot Area Requirements, (3) Area Credit for Flood Fringe in Sewered Areas Section 10.23, Subd. 6. B.: LR-lA District, Minimum Lot Requirements Section 11.03, Subd. 2.24, Definition of Minimum Lot Area LR-lA Zoning Requirements: Requirements: Lot 1 Lot2 Lot Area= 1.38 dry buildable, needs 1.93 dry buildable, needs 2 acre minimum wetland credit wetland credit Lot Width= 151' at 50' front setback w/o 214' at property line and 50' 200 feet easement front setback 181 at 50' front setback with easement A lot width variance for Lot 1 is required because the 200' minimum cannot be met. Lot Standards The existing homestead will be located on Lot 2 and will conform to minimum lot size requirements. Lot 1 to be created requires a lot width variance because 200' is not available at the front property line nor the 50' front setback line. The surveyor calculated the lot width at the 50' setback with and without the driveway easement. A suitable building pad exists for the new Lot 1 to construct a new residence that can meet all setback requirements. An accessory structure is currently located on what will become Lot 1. Accessory structures are not allowed on lots without a principal structure. The accessory structure will need to be removed. Sewer The current residence on Lot 2 has sewer. A sewer line is located in Bayside Road. Lot 1 can be provided with sewer, subject to the applicant paying the sewer connection charge at the time of final plat approval. Drainage A marsh/wetland exists of the north portion of the parcel. The wetland is approximately 1.2 acres in area. The applicant will need to provide conservation and drainage easements across the wetland. The Minnehaha Creek Watershed District will also need to review the subdivision to determine where stormwater ponding can be provided. Access The existing residence is provided with a gravel driveway from Bayside Road. The surveyor has indicated that Hennepin County will allow a driveway for the new parcel (Lot 1). Engineer Review The consultant engineer has reviewed the proposed preliminary plat and requested the following information: 1. Show the well location on the final plat for the residence on Lot 2. 2. Provide a utility construction plan prior to final plat approval. 3. Provide a grading and erosion control plan for the entire parcel prior to final plat approval. 4. Applicant to consult with the MCWD to determine stormwater requirements. Final plat to incorporate MCWD recommendations. 5. Final plat to show all utility easements and drainage easements. Park Dedication Fee The City Assessor will need to review the plat and determine the fair market value. Staff Recommendation To discuss the proposed preliminary plat and the lot width variance. Attachments A Preliminary Plat B City Engineer's letter C Sewer Map D Minutes from City Council 5/26/98 E Sketch Plan report to City Council (Mike's report) A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION AND WETLAND CREDIT AND LOT WIDTH VARIANCE FOR PROPERTY LOCATED AT 3750 BAYSIDE ROAD -FILE NO. 2383 WHEREAS, Christine M. Valerius and Gary Valerius (hereinafter the "subdividers") on April 16, 1998, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as: Lot 2, Block 1, Burgers Bayside Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on June 15, 1998, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on June 22, 1998, the Orono City Council considered the subdivision application of the subdividers noting the following findings of fact: 1. The property is located in the LR-lA Single Family Lakeshore Residential District and the RR-lA One Family Rural Residential District. For the purpose of subdivision and determination of future building sites, the LR-lA standards were used. The LR-lA District requires a minimum lot area of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains 4.51 acres with 3.31 acres of dry buildable and 1.2 acres of wetland. 3. The proposed plat consists of two residential lots that do not meet the dry buildable minimum lot area. A wetland credit is required to allow the wetlands on Lot 1 (1.38 acres dry buildable) and Lot 2 (1.93 acres dry buildable) to be credited to the required lot size for Lot 1 and Lot 2. Such credit is available to this subdivision per Zoning Code Section 10.55, Subdivision 15 (A) (3) which was in effect at the time of application. Page 1 of 4 4. Lot 2 is currently served by sewer. Lot 1 can be connected to sewer. The subdividers shall be required to pay a sewer connection charge. 5. Lot 2 is currently served by a private driveway. Lot 1 may be served by a new driveway from Bayside Road, subject to final approval by Hennepin County. 6. There is a driveway easement on Lot 1 that provides access for adjacent residential property. 7. Lot 1 does not meet the 200' minimum lot width requirement of the LR-IA District. The proposed lot width is 151' at the 50' front yard setback, excluding the driveway easement. The lot width is 181' at the 50' front yard setback including the driveway easement. A lot width variance of 19' is required. 8. Only Lot 2 shall have lake access via Outlot B, of Burgers Bayside Addition. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Christine M. Valerius and Gary Valerius per plat drawings of Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc. dated March 25, 1998 as revised June 5, 1998, subject to the following conditions: 1. A variance for lot width for Lot 1 is hereby granted. 2. Wetland credit for Lots 1 and 2 as noted above is hereby granted. 3. Subdividers to grant flowage and conservation easement over wetlands in Lot 1 and Lot 2 and to show all utility and drainage easements. 4. Subdividers to provide a utility construction plan and grading/erosion control plan prior to final plat approval. 5. Subdividers are hereby advised that the City cannot grant final plat approval until a permit has been approved by the Minnehaha Creek Watershed District (MCWD) for all grading and drainage improvements on the property. Page 2 of 4 The following list of final submittals shall be submitted to the Zoning Administrator two (2) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of each month. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies ( one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to l" = 200'. Drawing to include: A. Lot lines platted per survey by Mark S. Gronberg of Coffin & Gronberg, Inc. dated March 25, 1998 and most revised date June 5, 1998. B. Dedication of "drainage and utility easements" 10' wide along exterior boundaries of property and 5' along the internal lot line. C. Designation and dedication of drainage easements over drainageways and wetlands. D. The naming of plat. 2. Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. 3. Signed and executed drainage easements over drainageway and detention areas within plat. 4. Signed and executed flowage and conservation easement over designated wetlands. 5. A covenant indicating that no lake access easement can be granted in favor of Lot 1. Page 3 of 4 6. Fees to be paid: A. Final plat fee = $200.00. B. Legal review and filing fees for subdivision and associated documents = $200.00. C. Park dedication fee shall be determined by City Assessor. The subdividers shall be advised as soon as the Assessor's report has been filed with the City. Park dedication fee shall be based on 8%. If the value of Lot 1 exceeds $61,250.00, the park fee would be limited to $4,900.00. D. A sewer connection charge of $14,665.00 for Lot 1. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of June, 1998. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Gabriel Jabbour, Mayor The foregoing instrument was acknowledged before me on this 22nd day of June, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & 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 4 0 ~ "' ~ w in N ;:... 0 z I I I I L S 89°48' 35" E 176.76 D R A I N G £ I " [ ,. I ,iv L I ,_ I I I I I I OF LOT 2, ' r, PRELIMINARY PLAT OF SURVEY FOR CERTIFICATE CHRISTINE VALERIUS BLOCK 1, HENNEPli,J BURGERS COUNTY, BAYSIDE SECOND MINNESOTA N 89°44' 16" W 149.05 0 0 ~ w ~ ;\ ' 0 z I \ I I 1: I' I 11 i ii I EGA! DESCRIPTION OF PREMISES : lot 2, Block 1, BURGERS BAYSIDE SECOND ADDITION o : denotes iron marker Bearings shown ore based upon an assumed datum. I I ~- This survey intends to show the boundaries of the; above described property, and the location of on existing house, shed, and grOvel driveway thereon. !t does not purport to show any other improvements: or encroachments. T"P7,U A,<EA.: -1,5/ :I' A0£.1" L.e.vcrN.1r,.r,10.,_,,r fo'r~rd,;o,· .:.,,;.,1r::: J'/1/..?J .rr,r 0 ,. ,, ,, Mt:i.rr,..~;:;:;;,:r.,,._,,,..~:u.;-;;'f ✓~•N, A:~'r,~_,,'lt,:~:~::i:= ."'"'.':' q, .. .,.._" J('Y,,gz ,~~Hr \ D a::, "' oi .... . _") N .... ' I if) , I 10 1 ? --------~ : . ? r---_(/) I I I A ADDITION DE9GNED REVISION DA TE DESCRIPTION I HEREBY CERTFY THAT THIS PLAN, SPECIFICA flON, DI~ REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANO THAT I AM A DULY LICENSED PROfESS!ONAL ENGINEER UNDER . THE LAWS OF' THE STATE Of MINNESOTA. DRAWN COFFIN & GRONBERG, INC. 1---1-----l-----------------v-oNSUL TING ENGINEERS, LAND SURVEYORS, SITE PLANNERS 482 TAMARACK AVENUE, LONG LAKE, MN. 55356 Cl£Cl<EO 1---le-----1------------------1 612-473-4141 !;)ATE 4' ... 5-u . YN UCENS& NUMBER /,,,? 7S5 1~~ DATE 3-25-98 JOB NO. 98-097 j fl j Bonestroo -~--Rosene b Anderlil<& 1 \J 1 Associates Engineers & Architects June 8, 1998 Elizabeth V anZomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Valerius Subdivision File No. 139-2383 DearLiz: Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer ,g Principals: Otto G. Bonestroo, P.E . • Joseph C. Anderlik, P.E. • Marvin L. Sorvala, P.E. • Richard E. Turner, P.E. • Glenn R. Cook, l'E. • Robert G. Schunicht, P.E . • Jerry A. Bourdon, P.E. • Robert W. Rosene, P.E . and Susan M. Eb erlin, C.P.A., Senior Consultants Associate Principals: Howard A. Sanford, P.E . • Keith A. Gordon. P.E . • Robert R. Pfefferle, P.E . • Richard W. Foster, P.E. • David 0 . Loskota, P.E . • Robert C. Russek, A.I.A. • Mark A. Hans o n , P.E. • Michael T. Rautmann, P.E. • Ted K.Field, P.E . • Kenneth P. Anderson, P.E . • Mark R. Rolfs, P.E . • Sidney P. Wi lli amson , P.E., L.S. • Robert F. Kotsmith • Agnes M. Ring • Michael P. Rau. P.E. • A ll an Rick Schmidt, P.E. Offices: St. Paul, Roch ester, Wi llm ar and St. Cloud, MN • Milwaukee, W I Website: www.bonestroo.com We have reviewed the preliminary plat for the proposed two-lot subdivision for Christine Valerius. The site is located at 3750 Bayside Road (C.R.84) north of Bayside Road and south of the Luce Line Trail in the north half of Section 5. We have the following comments in regards to engineering matters . 1. Access: The existing access to the site is a private driveway off of Bayside Road. A shared driveway located west of the existing access serves two adjoining properties located south and west of the site. The shared driveway crosses the southwest comer of the subject property. It may be appropriate from a safety perspective to combine the two driveways and have just one access onto the County Road. Hennepin County should review and comment on the plans. 2. Utilities: The well location for the existing house should be shown on the final plans. Sanitary sewer exists along the north side of Bayside Road. A service wye will need to be cut into the existing 10 -inch PVC sewer to serve Lot 1. Utility construction plans should be submitted for review. 3. Grading: A grading and erosion control plan for the entire site should be submitted for review. The N\VL and IIWL of the existing wetland on the north end of the property are 932.5 and 934.6 respectively. The basement elevation on Lot 1 should be designed accordingly. Erosion control m easures shouid be in place prior to any grading, particularly along the wetland and County Road. Additional erosion control will be needed during construction of the home on Lot 1. 4. Drainage : The draft version of the City's Comprehensive Storm Water Management Plan (SWMP) shows that the site lies within the Stubbs Bay drainage district. The south half of the site drains southeriy to Stubbs Bay. The north half of the site drains northerly to an existing wetland identified as SB-P9.1 on the SWMP. According to current Minnehaha Creek Watershed District (MCWD) rules , subdivisions larger than 2 acres require the construction of a NURP pond to treat stormwater from the site. This subdivision is larger than 2 acres and the MCWD should review che ph.ms. Phosphorous loadings leaving the site should be limited to a maximum of 0 .:28 pounds/acre/year. A drainage area map with pre and post development calculations ~hould b~ subn'iitted for review. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 5. Easements: Utility easements should be shown 5-feet wide along the interior lot line. Drainage easements should be provided across all wetlands, ponds and drainage ways. 6. Financial Guarantee: When the plans have been completed we will prepare an estimate of the total cost for the site improvements to determine the amount of the financial guarantee required. Please contact me at (604-4863) if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~{~ Tom Kellogw- Cc: Greg Gappa, City of Orono \ ' \ \ \ ' "\ J\ i \ ; \ \ \ \ \ ,, A ~/ '\,, //' \~, I \i,. ~,, '""-' \ "11, 0· -~o " rf'' 0?-i ~ 0 _r,.~ . ~ ... ,v -§,· 't r;,.~ "9 ~ N \ ,, Ov. lO \/ij ~<"'-\~ / / \ ., N >'' .po. // / / / / N vJ 6'> "!i§' ~Q, \ I I 7/ ' .......... \ \ \ \ \ \ \ \ \ \ \ \ \ r,, ,, •• v ....... , ............. ,,, ......... . ' ........ ',,,, ... ',,,,, ', ' ,, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ X . v'- ~() \.,\; 0) \ \ \ r -; :::o !> 11 II 11 II vJ _. ...p.. .po. (JI (X} ...p.. (JI ~~:----io --.J (JI N vJ _. _., _., \ \ \ \ \ \ ·\ .\ . 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I I 11 I I I 11 I I 11 I/ ii I I 11 vJ N I I I I I I -GRA.TRAIL FACE 11 I I I ,, ------OF CULVERT (,.J U1 1 I I I I I I I : I I I I 11 1 1 I I I I II I I II C0 11 I Ii -....J I I t II -,, u-✓ "fl-·----11 \1 I II 11 II :1 I / II I I II 11: I 112· /1 I . \ ,1' I ,: : \ '-,j,1 I I "';(J l \ 8 / / I I I I 11 1 r .. ·rr I ' I I \ I I I I · I I r---------, I I I I I I I I I I L---------J ..... --~ ....... -, ..... -----.. ·-- SPRING 'm111 s, I ii jS EE SHEET 20 I 0 I I ! I I . ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ]) (#10) #2363 William H. Bockmann, 1130 Loma Linda Avenue'." Variances -continued · Beckmann asked if they could add 1' to· the two-car garage if they have to .eliminate one stall. The two-car garage would be 21' wide. He stated that Mr. Gountanis had convinced Council that 22' was a State standard. Peterson responded that she did not wish to amend her motion. (#11) #2365 CHRISTINE VALERIUS, 3750 BAYSIDE ROAD -SKETCH PLAN Christine and Gary Valerius were present. Gaffron reviewed the proposal to create one additional lot from a parcel that contains 3.31 acres of dry buildable and 1.2 acres of wetland, and take advantage of the wetland credit. The applicant wanted to submit a preliminary plat application but staff suggested a sketch· plan because of the following issues: 1) whether the property would be considered 'sewered' since only one unit was assessed with the Stubbs Bay project, and 2) whether the City's intent with the Stubbs Bay sewer project was to create the possibility for wetland credits in the two acre zone to allow subdivision if it were not possible without the wetland credit. Since the City is proposing to take away the wetland credit, it was difficult to advise the applicant how to proceed if the credit were taken away prior to preliminary subdivision approval. Gaffron indicated another issue is that a neighboring property on Landmark Drive was given the same credit that the applicant is proposing to use. An additional sewer unit was given to the second lot and a connection charge was paid. Planning Commission reviewed the application and referred to Council noting concern about the width variance. The front lot lines proposed at the 50' setback are 185' and 214' where 200' is required. Options available to the applicant include acquiring additional dry buildable (but there is none available to make up two acres in each lot); asking Council to declare the lot sewered property, grant the wetland credit and lot width variance; requesting a rezoning; or selling a portion of the property to an adjacent owner to get the value out of the property. The applicant wants to proceed with the application as proposed and use the wetland credit. Valerius filed a formal plat application on May 21, 1998. Council needs to address the following issues: Is the property considered sewered, and if not, will Council allow it to be considered as sewered and grant the wetland credit: Should a moratorium be placed on the use of wetland credits, which would basically block the applicant's request? Is granting a lot width variance a possibility? 9 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 (#11) #2365 Christine Valerius, 3750 Bayside Road -Sketch Pl~n -continued Gaffron added that there would be park dedication fees and sewer connection fees totaling approximately $20,000. Gaffron confirmed that the entire property is within the MUSA boundary. Christine Valerius distributed a handout stating her position and a letter supporting the subdivision signed by the neighbors. She compared her proposed subdivision to that of Mr. Evans on Landmark Drive noting that he was only granted one sewer unit; both her lots have more dry buildable than his; he had one lakeshore lot and so does she; access is off Bayside Road for both subdivisions; standards of the LR-IA zoning district are met; and she had twice as large a buildable envelope as Evans. She referred to the 15' width variance stating that the existing driveway was the reason for the configuration. She could redesign the lot lines so that only a 1' variance would be required, but it is aesthetically more pleasing to leave the driveway as it exists. She asked Council to declare the property as sewered and grant a variance for lot width. She expressed her concern that Council was changing the ordinance at the same time as her application. Jabbour commented that the applicant was proceeding with the thought that Council was against her proposal. He explained that the consideration to eliminate wetland credits was a result of the recent Carpenter subdivision. The City does not want to provide a vehicle to allow greater density in the two acre zones. The City was not aware that her application was coming before Council. Gaffron confirmed that discussions about the applicant's proposed subdivision had taken place prior to Council's request to look at eliminating wetland credits. Kelley asked about the hardship for the width variance. Valerius responded that she wants to be able to sell the property and not have to change the driveway. Kelley stated he was not in favor of the subdivision and was not on the Council when the Landmark drive subdivision was approved. He did not feel the present Council was bound by decisions of past Councils. Jabbour stated that the applicant has the right to proceed with the subdivision under the existing code and she should be allowed to proceed and get the wetland credit. He added that proceeding with the application did not mean the subdivision would be approved. Peterson agreed that the subdivision request should be considered as an application prior to any code changes. 10 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 (#11) #2365 Christine Valerius, 3750 Bayside Road -Sketch Plan -continued . . - Flint questioned if there \Vere other subdivision applications in a similar situation. Gaffron responded that the only other application he was aware of is the Brook Park Realty proposal. Flint indicated he would not oppose this proposal but did not want to set a precedent if there were more applications before the City. Gaffron reiterated that staff had advised the applicant to proceed with the subdivision as a sketch plan to proyide direction to the applicant. A public hearing would be held to address the lot width variance as part of the subdivision process. Jabbour suggested that the applicant proceed with the proposal and attempt to do whatever is possible to have no variances. Valerius confirmed that the next step was to meet with Gaffron to continue with the preliminary plat application. (#12) #2367 LAWRENCE GLEASON, 140 HACKBERRY HILL -VARIAN CE - RESOLUTION NO. 4082 Mr. Gleason was present. Van Zomeren presented pictures of the house and reported that the property is in the Jl-lB, ½ acre district and conforms to the lot area. The applicant is requesting a side yard variance to add 6' to the existing house on the north side, which encroaches 2' into the 10' side yard setback. She noted the house is on a slope, and the proposed addition is in a logical place. The Planning Commission recommended approval on a vote of 5 to 0. Flint asked if living close to the park was a problem. Gleason responded that they love the park and enjoy the children and families who use it. They see the park as an asset. Peterson moved, Kelley seconded, to adopt Resolution No. 4082 granting a side yard variance of 2' for the propertylocated at 140 Hackberry Hill. Vote: Ayes 4, Nays 0. =-·- Gleason asked if he ever wanted to sell his property if the City was interested in purchasing it. Council confirmed that they were very interested. 11 Gray Freshwater Center Hwys . 15 & 19 , Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone : (612) 471-0590 Fax : (612} 471-0682 Email : admin @mi nnehahacreek .org Web Site: www.minnehahacreek.org Board of Managers Pamela G. Blixt James Calk ins Lance Fisher Monica Gross Thomas W. LaBounty Thomas Maple , Jr. Malco lm Reid II\ Printed on recycled paper containing \a;I at least 30% post cons ume r waste . Minnehaha Creek Watershed District Improving Quality of Water, Quality of Life July 10, 1998 Christine Valerius 3750 Bayside Road Orono, MN 55364 RE: MCWD Permit Application No . 98-98 Dear Ms. Valerius : lUl 1 4 1 9 (.,, l, VI a The Minnehaha Creek Watershed District Board of Managers reviewed the above mentioned permit application at their Board meeting on July 9, 1998 . It was the action of . the Board to approve this application and grant a variance concerning the MCWD Rule B requirement for a stormwater retention pond. Therefore neither a stormwater pond nor a contribution in lieu of a pond will be required for th is project. This action was based on the fact that this project involves single family residences, total impervious surface is minimal, and the potential for infiltration of stormwater runoff is high. The following conditions apply: • Reimbursement of mailing costs in the amount of $35 .80 • Payment of Rule J fees in the amount of $85 .50 . Due to the size and complexity of certain projects , the Board, by Rule J , requires that site inspections be conducted . In these cases , the applica nt is required to pay to the District, a fee equal to the actual costs of analysis of the project , field inspection, engineering services, legal services, and any subsequent monitoring of the work. These costs are referred to as Rule J fees . Once the above conditions have been met staff will issue the permit. You are reminded that work on the project cannot begin until the permit has been issued . Please call me at 4 71-0590 with any questions. Sincerely, ~! .0 -·-·· .. 'Jf,.___,CJ)~ , Hafner D istrict Technici a n c: Mark Gronberg, Coffin & Gronberg Liz Van Zomeren, City of Orono Steve Schmunk, Wenck Associates Gray Freshwater Center Hwys . 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior , MN 55331 -9 578 Phone : (6 12) 471-0590 Fax: (6 12 } 471-0682 Ema il: admin@minnehahacreek .org Web Site: www.min nehahacreek.org Board of Managers Pam ela G. Bl ixt James Calkins Lance Fisher Monica Gross .. Thoma s W. LaBounty Th omas Maple , Jr. Malcolm Reid ~ Printed on recycled paper containing '<I',/ at least 30% post consumer waste. Minnehaha Creek • Watershed District Improving Quality o/Water, Quality of Life Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements and information contained in the permit application, correspondence , plans , maps, and all other supporting data submitted by the applicant, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below for use and development of land in the Minnehaha Creek Watershed D'istrict. Issued to: Christine Valerius Location : 3750 Bayside Road, Orono Purpose : Stormwater management plan Date of Issuance : 07/27/98 Permit No : 98-98 Date of Expiration : 07/27/99 By Order of the Board of Managers C ~ .. \ ,0_ '•k2::J~-Y YI ~es M. Hafner,C trict Technician This permit is not transferable , and is valid to the date of expiration . No activity is authorized beyond the expiration date . If the permittee requires more time to complete the project, an application for renewal of the permit is required . The applicant is responsible for compliance with all District Rules and for the action of their representatives , contractors , and employees . Conditions: Project to be completed as described in plans submitted to the MCWD office on June 29, 1998 and according to the provisions of this permit. (Statement concerning fees for inspections , violations , etc ... on reverse) JUN-18-1998 17:44 Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (612) 471·0590 Fax: (612) 471·0682 Email: admln@minnehahacreek.org Web Site: www.minnehahacreek.org Board of Managers'. John E. Thomas President C. Woodrow Love Vlce President Pamela G. Blixt Treasurer Monica Gross Secretary Thomas W. LaBounty Thomas Maple, Jr. Malcolm Reid District Office: Oiane P. Lynch District Administrator MI HNEHRHR CF.EEi< 1..JRTER::;HED 6124 71 Clt:.E:2 F'. [11.•· C13 Minnehaha Creek 9 Watershed District Improving Quality of Water, Quality of Life Date:l)uf\t_ /Q1 ,qr g ·- To: /;/1_ Jan ---Z.0nJnt.-~ From: Jim Hafner, District Technician · We have received the attached permit application for a project within your city. This applica( n is tentatively scheduled for a MCWD Board of Managers meeting on / _,, · C/, . .• If you have any concerns, comments or objections regarding this project please contact Jim Hafner, District Technician; at 471-8226 within five days of receipt of this notice. You may also FAX comments to 4 71-0682 or send a message via E-mail to: jhafner@minnchahacreek.org Thank you for your cooperation. Jl_lt,1-H::-19'3E: 1 7: 45 t·l I tU1EHHHA CF'EEf< t-.lATEP:::;HED E:.12471[16::::2 F'. CG [13 I '-I COMBINED JOINT NOTIFICATION FORl\1 -WATER RESOURCE APPLICATION appl · Use this form to notify/apply to the Minnehaha Creek Watershed District (MC':'/D), their engi~cering consult_an~s, the. DNR, and the Hertnepin Conservation District of a proposed waterh•rntland pro.1ect or work wluch may fall ,~1tlun th~1r jurisdictictn.:. These agencies should advise you of their jurisdiction or pennit requirements within 10 days. Fill out_ this form completely mail a copy, with plan, maps, etc ... the MCWD, Gray freshwater Center, Navarre, 2500 Shadywood 'Pu;jlt'1 1 14111¥ 'a7 1 B,.._l1l«1t; MN Uiil, Keep a a;opy_for )'~Ur rci;:mds, YOU MUST 0BTAlN A.LL REQUIRED AUTI-IORIZA"MONS BEPOM BEOINNINOWORK. · . . ·· L Applicant's Name (Last, First, M.L) r 1u #li1J'r/µ Address (Street. RFD, Box#, City, State, Zip) · 37Sa E' ~,,;, o t? ;,./ 2. Location of proposed project (Attach drawing w/directions to site): ____ · COUNTY QTR SECTION(s) SECTrON(s) TOWNSHIP(s) RANGE(s) Lot, Block, Subaivisiori'""~--•-- /llf vµfnµ ...vlv 5 1 I 7 2..3 2 1 6'uA.C€,it.J d;1't'J1,N· PROJECT ADDRESS: ]7 5 () '/ /I.ii 6 .tf.,.,:J JI} .fN'4,.vtJ ,iJl 71/J,.._., 3. LENGTH OF SHORE AFFECTED (in feet):,Vt?Vf" VOLUNIE OF FQ:.LOR EXCAVATION (Cubic yards); AREA FILLED OR EXCAVATED IS Acres, OR Square Feet. 4. TYPE OF PERlviIT BEING APPLIED FOR: (Check all that apply): ,. ~T0RMWA TER MANAGEMENT PLAN O FLOODPLAIN ALTERATION □SHORELINE IlVlPROVEl½ENT a. ORIPBAP, ' b,OSANDBLANKET c,ORET AIN1NG WALL OST0RM SEWER OUTFALLS □rcE RIDGE REMOVAL □BRIDGE & CUL VERT CROSSINGS 0 WETI.AND AL TERA TI0N 0 EXCAVATION (DREDGING) a.□ WILDLIFE b.□ NAVIGATION. c.Q BIOENGINEERING 0TIIER (DESCRIBE) ___ ~--------------~-------~--~- 4a, AP?J.JCAl'lT'S REPRESENTATIVE: (Licertsed Contracto Enginee etc, .. ) Include name, address & phone number. . ,11,J,tk. 61<.tJµ,lft/l.C, {C'tJ;;",C'/v? C.1.PJ/,!~,ec ,/,;.v,:-_ 3/.? l 7..1.H J-<A.C K A J/(.,vw ~ fJp',;._jAk.,"€ µ f 5 J 5' (' 5. PROJECT PURPOSE (why is this project needed -what benefits will lt provide?) //vliJJ)./t:: 1'W ( /,(,1P(.I. l'r 7'.{) C.J.('1'1t c).Ut _.v,LL.., t t1-r "J'"',!l C"O /4//7/21 -rll( t:)µ6 €':X1.M1.Jtt pdt'(Jf'. 6. ALTERNATIVES (describe any other sites or methods that could be sued to achieve the purpose of your project whjle avoiding or minimizing water/wetland impacts. Attach additional sheets, if needed. ,,(../ "o oJ tf· '"'""" / ,,( A. 6 d f i/4/ r: / JL( / A ( 7 F LJ 7: DATES: Proposed·stan of activityM.c'~~ f.U,ot,.. fF.,, / 1 'IF Proposed completion: . (Identify any completed work on a~a~efrala~n{)""-' ,1. dffn.:f 'i:I~. 8, NA11ES & ADDRESSED OF ADJOINJNG PROPERTY Q\VNERS (Attach list if more) Jr-:'f ✓mt'N(./ (;.-U"r c.c.-'l.;vrF,<. / 11,/' ,:l'A tVNC.,,...i ('1'r /,f .IPJ.t.J ,t, AW/(,,.r i)i',-' 9, PERWTS HA VE BEEN RECEIVED (R) OR APPLIED FOR (A) FROM; DNR ARiv1Y CORPS OF ENGR __ COUNTY 6 CITY __ :tvrN POLLUTION CONTROL AGENCY -- -,: :,, :,, ',,(t>J.,/, (., P. r "~ 17. o ,c..,:,1(./',1.' c.r. "' /.:?,-<.,". .. I hereby notify the recipients of this fonn of the project proposed herein and request I be advised of any permits or olher dete · · o ~eming this project that l must obtain, I understand that proceeding witli work before all required authorizations · ed ubject to Federal, State and/or local administrative, civil and/or criminal penalties Daµ;rtf. ----., rnTHL F'. 03 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Chris Valerius 3750 Bayside Road Long Lake MN 55356 APPLICATION NO. #2383 NOTICE OF COUNCIL ACTION Date of Notice: June 24, 1998 COPIES: TYPE OF APPLICATION: Variance (Lot Width) and Subdivision -------------------------------------------------------------------------------------------------- DATE OF MEETING: 06 /22/98 VOTE: 3 FOR 1 AGAINST --------------------------------------------------------------------------------------------------- COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you with the additional condition that no new curb cuts will be created and the newly created lot will be accessed through the existing driveway easement. 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. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit application must be submitted no later than 6/22/99. Preliminary Subdivision Plat Approval -Applicant must provide to the City all information and/or B-provements required for final plat approval as noted in the preliminary plat approval resolution. / ::!liminary plat approval expires 1 year after the date of the resolution. Note that prior to filing of t} final plat after final subdivision approval , all taxes for the current year must be paid. If you desire certified copies of the official Council minutes , they are available from the City Clerk after review and approval by the City Council. jig ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22, 1998 (#6) 2364 John Serena, 46Q7 Watertown Road -continued . . Van Zomereii reported ten acres are necessary, with an addition t~ the findings that the z~ning codes allow accessory structures where there isn't a density requirement. This structure is classified as a pool house, but is listed on the conditional use permit application form as a guest house. Mayor Jabbour suggested the term guest house be deleted to avoid confusion and classify it as an accessory structure. Goetten noted she did not have a problem with deletion of the term guest house. Van Zomeren stated she will amend the resolution to reflect that change. Goetten moved, Flint seconded, to adopt Resolution No. 4100, A Resolution Granting a Conditional Use Permit for John and Joan Serena, 4607 Watertown Road, with the resolution being amended to reflect pool house instead of guest house. VOTE: Ayes 4, Nays 0. (#7) 2383 CHRISTINE AND GARY VALERIUS, 3750 BAYSIDE ROAD -PRELIMINARY CLASS II SUBDIVISION -RESOLUTION NO. 4101 Christine and Gary Valerius were present. Van Zomeren stated this application is proposing a two lot division that includes creating one new lot, with a wetland credit and lot width variance being required for Lot 1. City Council reviewed the sketch plan previously. The property is zoned LR-IA in the front portion of the property with the remainder being located in the RR-1 A zoning district, but for purposes of this subdivision, only the LR-IA requirements apply. The property consists of 4.51 total acres, with 3.31 acres. dry buildable and 1.2 acres in wetland. .. - The Applicants are proposing to create a new building site on Lot 1, which meets all of the · LR-IA zoning requirements with the exception of the lot width requirement. The surveye>r · calculated the lot width at the 50' setback without the easement to be 151' and with the driveway easement to be 181 '. A variance is needed because 200' is not available at the front property line nor the 50' front setback line. The Planning Commission did recommend that the lot width variance be granted as well as a wetland credit. 8 ORONO CITY COUNCIL l\.'.IEETING MINUTES FOR JUNE 22, 1998 (#7) 2383 Christine and Gary Valerius, 3750 Bayside Road-continued The Resolution grants the subdivision with the lot width variance conditioned upon certain iten1s · being submitted before final plat approval as well as a wetland credit. Goetten indicated she was in favor of this application. Kelley stated he is against this subdivision because he thinks this application is being approved based upon a technicality in the ordinance and not on a proven hardship. Flint expressed concern over the possibility of two driveways contained within the subdivision and the dual entryways on County Road 84. Christine Valerius stated she has spoken with Dave Zetterstrom from Hennepin County who informed her that Lot 1 may be served by a new driveway from Bayside Road or to keep the private driveway going to Lot 2, which would be their choice. Mayor Jabbour recommended keeping the existing curb cut and not adding to it. Flint suggested adding the condition that driveway access would be the existing common driveway serving the other two houses to the west with the newly created lot sharing the same driveway access to avoid additional hardcover. Kelley questioned why the City Council should pass this application. Flint noted that the Applicant was requesting this subdivision before the City Council passed the new wetland credit ordinance. Goetten commented the City Council has passed applications similar to this one in the past. .. Goetten moved, Flint seconded to approve Application 2368 and adopt Resolution #4101, a Resolution Granting Preliminary Approval of a Class III Subdivision and \Vetland Credit and Lot Width Variance for Property Located at 3750 Bayside Road, with the inclusion of language in the Resolution restricting driveway access to the present driveway. VOTE: Ayes 3, Nays 1, Kelley opposed. 9 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22, 1998 (*#8) RICHARD AND MARIE BROWN, 2685 SHADYWOOD ROAD -CONDITIONAL USE PERMIT -RESOLUTION NO. 4102 . . Goetten moved, Kelley seconded, to approve Resolution No. 4102 granting a conditional use permit to allow repair work to level an existing boathouse by replacing structural support posts on the property located at 2685 Shadywood Road. VOTE: Ayes 4, Nays 0. (#9) 2377 JOHN CHENOWETH, 3850 SHORELINE DRIVE -FINDING OF SUBSTANTIALLY SIMILAR USE/COMMERCIAL SITE PLAN REVIEW John Chenoweth was present. Van Zomeren stated the Applicant intends to purchase the property at 3850 Shoreline Drive which is presently being operated as Bay Furniture. The Applicant wishes to continue to operate a furniture and accessory store but has raised concerns about the restrictive nature of the B-5 zoning district which he would like addressed in the future. The Applicant is required to submit a landscaping plan, restripe the parking lot, and comply with the signage ordinance. Van Zomeren noted she did not find any previously prepared resolutions for a commercial site plan and finding of substantially similar use, so a resolution has not been prepared at this time. Kelley inquired why the Applicant needed to submit an application when the conditional use permit continues with the property. Van Zomeren stated the code presently reads gallery and has not been amended to read furniture store. The Applicant wanted to ensure that the City Council would not be opposed to the continued operation of a furniture store with the addition of home accessories at that location. Chenoweth stated the zoning district should be updated to accommodate other businesses that are compatible with the neighborhood. He expressed concern about future uses if the current business doesn't succeed. Mayor Jabbour commented the Applicant needs to realize the restrictive nature of the B-5 zoning district before he purchases the property, noting that the City Council is not prepared to make major changes to that zoning district. 10 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2383 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 16, 1998 ---------------------------------------------------------------------------- TO: Christine and Gary Valerius 3750 Bayside Road Long Lake MN 55356 COPIES: Mark Gronberg 482 Tamarack Drive Long Lake MN 55356 Jim Hafner MCWD Gray Freshwater Center 2500 Shadywood Road Navarre MN 55331 TYPE OF APPLICATION: Variance, Subdivision and Wetland Credit ------------------------------------------------------ DATE OF MEETING: 06/15/98 VOTE: 6 FOR O AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council June 22, 1998; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. jlg ORONO PLANNING COMMISSION MEETl\"IG MINUTES FOR JUNE t:i, 1998 (#2 -#2368 Kirk Otteson -Continued) Upon inquiry from McMillan, Van Zomeren noted that the City Engineer has not reviewed this property nor made any calculations on how the drainage would be impacted if this addition was built. . Stoddard stated the City Engineer may need to review this property to ensure that the drainage concerns are adequately addressed. Otteson stated he would be willing to reduce the current hardcover by possibly removing the deck on the lake side and would prefer living space to a deck. The applicant stated he would like to stay away from the bluff line as much as possible, noting that he has attempted to comply with the Planning Commission's requests. He questioned the top of the bluff line since the area under discussion was very flat. Van Zomeren confirmed that the top of bluff was determined by a surveyor . McMillan stated she also is concerned about setting a precedent with the bluff ordinance if this application is approved as submitted . Chair Smith suggested tabling the matter until later in the meeting to allow the applicant more time to consider the various options open to them . Hawn stated she would like to see hardcover stay the same or be reduced, no encroachment into the bluff, and enclosure of the back deck . Ha,m commented the new ent~,,·ay is fine ·, ,vith the proposed addition not extending beyond the red line . Lindquist stated he would be in favor of extension to the red line unless tl~e bluff line changes. McMillan noted agreement with Lindquist. · Otteson stated he would be willing to comply ,vith the red line and would subniit revised drawings. Van Zomeren noted the proposed hardcover is at 29%, and recommended tabling the matter to allow City Staff time to review the revised drawings. Lindquist moved, Smith seconded, to table Application 2368 to the July 20th Planning Commission meeting based on City Staff recommendation. VOTE: Ayes 6, Nays 0. (Agenda Item #3 follows Item #4.) SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#4) #2383 CHRISTINE AND GARY VALERIUS, 3750 BAYSIDE ROAD -PRELIMINARY CLASS II SUBDIVISION, 7:40 p.m. -7:51 p.m. Christine and Gary Valerius ,vere present. Van Zomeren stated the preliminary sketch plan has been reviewed by the Planning Commission at their May meeting and City Council at its May 26, 1998 meeting . The applicants arc proposing a two lot division that includes creating one new lot . A small portion of the parcel is located in the RR-IA zoning district, with the remainder lying within the LR-IA zoning district . Van Zomcrcn noted the total lot area for Lot I consists of 2.23 acres, with 1.38 acres being buildablc . The newly created Lot 1 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 (#4 -#2383 Christine and Gary Valerius -Continued) \\ill require a variance for wetland credit and lot width. Lot 2 consists of 2.28 acres, \Yith 1.93 acres being buildable. Wetlands comprise a total of 1.2 acres for Lots l and 2, \Yhich will require standard drainage and ,vetland easements. Council had directed that the new lot could be se,,-cred. An application has been made to the Watershed District for stormwater review. Van Zomeren stated the existing access to the site is a private driveway off of Bayside Road. The applicant needs to supply a well location map and a utility constrnction plan prior to final plat approval. Christine Valerius stated she will be requesting a wetland credit. Valerius stated Hennepin County has approved the driveway access. Stoddard questioned the need for a lot width variance. Van Zomeren stated the combined lots fall five feet short of the required 400 feet for lot width. No additional land is available for acquisition to avoid the need for a variance. Van Zomeren noted only Lot 2 would have lake access. There were no public comments. Lindquist moved, McMillan seconded, to approve Application #2383 for a two lot subdivision of the property located at 3750 Bayside Road that includes creating one new lot, a lot width variance and wetland credit per Staff recommendations. VOTE: Ayes 6, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#3) #2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD -VARIANCE AND CONDITIONAL USE PERMIT, 7:52 p.m. -9:04 p.m. Mr. and Mrs. O'Keefe were present. Gaffron reported that the Planning Commission previously reviewed the application at its May 18, 1998 meeting. The applicant is requesting a hardcover variance as well as a variance and conditional use permit for grading within five feet of a lot line and within the 0-75' lakeshore protected area to permit construction of a new residence to replace the existing residence. Gaffron stated the 0-75' protected area exists on both sides of the lot which might constitute a hardship. At its last meeting the Planning Commission recommended that the Applicant limit the hardcover to 40% in the 75-250 setback, if possible, and to eliminate the walkout. The Applicant has submitted a revised site plan which reverses the layout of the house and eliminates the walkout, with some proposed changes to the drive,rny to reduce the hardcover. Gaffron stated a hardcover variance, a conditional use permit and variance for excavation arc required. Staff recommended limiting hardcover to 6765 square feet, with the allowable hardcover in the 75-25d zone limited to 25%. Gaffron noted the revised plan calls for 42.8% hardcover. If the 75 foot setback on both ends of the parcel is taken into account, the proposed hardcover ,,·ould be around 33%. In order to grant a variance, the Planning Commission must detem1inc whether a hardship exists \Yith regard to the side setbacks. ,, ,, ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 (#10) #2363 William H. Bock.mann, 1130 Loma Linda Avenue -Variances -continued . . . . . . . . · Bockrnann asked If they could add 1' to the two-cat garage if they have to eliminate one stalL The two-car garage would be 21' wide. He stated that Mr. Gountanis had convinced Council that 22' was a State standard. Peterson responded that she did not wish to amend her motion. (#11) #2365 CHRISTINE VALERIUS, 3750 BAYSIDE ROAD -SKETCH PLAN Christine and Gary Valerius were present. Gaffron reviewed the proposal to create one additional lot from a parcel that contains 3 .31 acres of dry buildable and 1.2 acres of wetland, and take advantage of the wetland credit. The applicant wanted to submit a preliminary plat application but staff suggested a sketch · plan because of the following issues: 1) whether the property would be considered 'sewered' sine~ only one unit was assessed with the Stubbs Bay project, and 2) whether the City's intent with the Stubbs Bay sewer project was to create the possibility for wetland credits in the two acre zone to allow subdivision if it were not possible without the wetland credit. Since the City is proposing to take away the wetland credit, it was difficult to advise the applicant how to proceed if the credit were taken away prior to preliminary subdivision approval. Gaffron indicated another issue is that a neighboring property on Landmark Drive was given the same credit that the applicant is proposing to use. An additional sewer unit was given to the second lot and a connection charge was paid. Planning Commission reviewed the application and referred to Council noting concern about the width variance. The front lot lines proposed at the 50' setback are 185' and 214' where 200' is required. Options available to the applicant include acquiring additional dry buildable (but there is none available to make up two acres in each lot); asking Council to declare the lot sewered property, grant the wetland credit and lot width variance; requesting a rezoning; or selling a portion of the property to an adjacent owner to get the value out of the property. The applicant wants to proceed with the application as proposed and use the wetland credit. Valerius filed a formal platapplication on May 21, 1998. · . . Council needs to address the following issues: Is the property considered sewered, and if not, will Council allow it to be considered as sewered and grant the wetland credit: Should a moratorium be placed on the use of wetland credits, which would basically block the applicant's request? Is granting a lot width variance a possibility? 9 ., ' ORONO CITY COUNCIL IvIEETING MINUTES FOR MAY 26, 1998 (#11) #2365 Christine Valerius, 3750 Bayside Road -Sketch Plan -continued Gaffron added that there would be park dedication fees and sewer connection fees totaling approximately $20,000. Gaffron confirmed that the entire property is within the MUSA boundary. Christine Valerius distributed a handout stating her position and a letter supporting the subdivision signed by the neighbors. She compared her proposed subdivision to that of Mr. Evans on Landmark Drive noting that he was only granted one sewer unit; both her lots have more dry buildable than his; he had one lakeshore lot and so does she; access is off Bayside Road for both subdivisions; standards of the LR-lA zoning district are met; and she had twice as large a buildable envelope as Evans. She referred to the 15' width variance stating that the existing driveway was the reason for the configuration. She could redesign the lot lines so that only ;:t 1' variance would be required, but it is aesthetically more pleasing to leave the driveway as it exists. She asked Council to declare the property as sewered and grant a variance for lot width. She expressed her concern that Council was changing the ordinance at the same time as her application. Jabbour commented that the applicant was proceeding with the thought that Council was against her proposal. He explained that the consideration to eliminate wetland credits was a result of the recent Carpenter subdivision. The City does not want to provide a vehicle to allow greater density in the two acre zones. The City was not aware that her application was comll)g before Council. Gaffron confirmed that discussions about the applicant's proposed subdivision had taken place prior to Council's request to look at eliminating wetland credits. Kelley asked about the hardship for the width variance. Valerius responded that she wants to be able to sell the property and not have to change the driveway. Kelley stated he was not in favor of the subdivision and was not on the Council when the Landmark drive subdivision was approved. He did not feel the present Council was bound by decisions of past Councils. Jabbour stated that the applicant has the right to proceed with the subdivision under the existing code and she should be allowed to proceed and get the wetland credit. He added that proceeding with the application did not mean the subdivision would be approved. Peterson agreed that the subdivision request should be considered as an application prior to any code changes. 10 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 _ (#11) #2365 Christine Valerius, 3750 Bay_side Road -Sketch Plan -continued Flint questioned if there were other subdivision applications in a similar situation. Gaffron responded that the only other application he was aware of is the Brook Park Realty proposal. Flint indicated he would not oppose this proposal but did not want to set a precedent if there were more applications before the City. Gaffron reiterated that staff -had advised the applicant to proceed with the subdivision as a sketch plan to proyide direction to the applicant. A public hearing would be held to address the lot width variance as part of the subdivision process. Jabbour suggested that the applicant proceed with the proposal and attempt to do whatever is possible to have no variances. Valerius confirmed that the next step was to meet with Gaffron to continue with the preliminary plat application. (#12) #2367 LAWRENCE GLEASON, 140 HACKBERRY HILL -VARIANCE - RESOLUTION NO. 4082 Mr. Gleason was present. Van Zomeren presented pictures of the house and reported that the property is in the_R-lB, ½ acre district and conforms to the lot area. The applicant is requesting a side yard variance to add 6' to the existing house on the north side, which encroaches 2' into the 10' side yard setback. She noted the house is on a slope, and the proposed addition is in a logical place. The Planning Commission recommended approval on a vote of 5 to 0. Flint asked if living close to the park was a problem. Gleason responded that they love the park and enjoy the children and families who use it. They see the park as an asset. Peterson moved, Kelley seconded, to adopt Resolution No. 4082 granting a side yard var_iance of 2' for the property located at 140 Hackberry Hill. Vote: Ayes 4, Nays 0. Gleason asked if he ever wanted to sell his property if the City was interested in purchasing it. Council confirmed that they were very interested. 11 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 (#13) #2371 TIM AND LORI LINE, 4415 FOREST LAKE LAND -CONDITIONAL USE PERMIT -RESOLUTION Nb. 4083 Mr. and Mrs. Line and Blake Bichanich were present. Van Zomeren distributed pictures of the property. She reported the application was for a conditional use permit to alter the lakeside yard which is in a floodplain. They propose to scrape off 1" of topsoil and redeposit it in another area on the property. Approximately 55 yards of cut and fill is proposed. The applicant has been in touch with the appropriate agencies and received approvals. The Planning Commission recommended approval of the proposal on a vote of 5 to 0. Lori Line added that they were proposing to move fill to a low area where rip rap was. Flint asked if there were any similar previous applications or if this would be setting a precedence. Van Zomeren was not aware of anything similar. Bichanich added that the reason they were scraping is because the Minnehaha Creek Watershed District required the size of the basin to remain the same. 70' of shoreline is being rip rapped . to be able to access the area where the dock is. Mitigation is basically taking place on site. Kelley moved, Flint seconded, to adopt Resolution No. 4083 granting a conditional use permit to allow alteration of a lakeside yard in the floodplain and redistribute above the 934.5' ~elevation for the property located at 4415 Forest Lake Landing. Vote: Ayes 4, Nays 0. (*#14) #2374 BUSSE CONSTRUCTION ON BEHALF OF: A. GREG & MYRA KARLEN, 630 DEBORAH DRIVE -RESOLUTION NO. 4084 Kelley moved, Flint seconded, to approve Resolution No. 4084 granting a conditional use permit for construction of a berm on the property owned by . Gregory T. and Myra J. Karlen located at 630 Deborah Drive. Vote: Ayes 4, Nays 0. -· B. LARRY & JAN McCARTNEY, 755 HUNT FARM ROAD -RESOLUTION NO. 4085 Kelley moved, Flint seconded, to approve Resolution No. 4085 granting a conditional use permit for construction of a berm on the property owned by Larry and Jan McCartney located at 755 Hunt Farm Road. Vote: Ayes 4, Nays 0. 12 SKETCH PLANS ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#16) #2365 CHRISTINE VALERIUS, 3750 BAY SIDE ROAD Gaffron reported this is a proposed subdivision for property that contains 3.31 acres of dry land. Wetland credit is requested for subdividing the property . The proposed subdivision will create one new lot containing about 1.3 acres of dry land and just under one acre of wetland. There is a vehicle easement which cannot be counted in buildable acreage for Lot 1. Lot 1 requires a variance for lot width. ff coun~il agrees with the premise that the property was not assessed a second sewer unit and is not 'served with sewer', then a lot area variance is required . Council may choose to grant the wetland credit, if it concludes the property is sewered, but it is staffs understanding it is not their current intent to grant wetland credit for properties in the 2-acre zone. The existing shed would have to be removed because it becomes an accessory structure without a principal structure. Lot 2 would have lake access, but Lot 1 would not. Park dedication fee vs. land dedication, and sewer connection charge prior to plat approval are other issues, but this is a sketch plan. Another option for applicant , is to sell some land to the neighbor. . . . . . . Because this is a sketch plan, no formal action is necessary. Staff will take this sketch plan directly to Council, along with the proposed wetland credit amendment. Applicant noted she has submitted a petition signed in support of her plan by neighbors wf thin 300 feet, except for one . Stoddard noted the coincidence in the timing, and would like City Council to look at this proposal and the proposed amendment at the same time. If not approved, the City Council should look at refunding the money . Stoddard noted the City receives many requests for width variances , and not many pass . The applicant stated she was told by the City that she would be able to subdivide once sewer was available to the Stubbs Bay area . . (#17) #2375 PARK LAND CO. -2525-35-45 SHADYWOOD ROAD V ~ Zomeren reported this is a sketch plan with an option for 40 unit apartments . She distributed pictures. This property has three separate parcels, two in front with B-4 zoning , and one back lot which is zoned LR-lB residential with a proposed density of 14.1 units. Van Zomeren stated the Comp Plan calls for this area to be urban service area. The big issue is the proposed density. Several options are available to amend B-4 to allow apartments. Cr eating a new zoning distri ct may be inconsistent with Comp Plan. A proposed overlay district could be drafted that would allo w apartment buildings with commercial uses. 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#17 -#2375 Park Land Co. -Continued) Park dedication fees for this property range from a minimum of $2,900 to a maximum of $4,900 per unit according to Gaffron. Van Zomeren stated another issue is sewer and indicated 4 units, while applicant thought there may be six. Smith asked if the overlay plan has been discussed with City Council to which Van Zomeren replied it hadn't, but it had been used a lot in other cities. She wouldn't recommend that unless it met the Comp Plan. Lindquist asked if it would take change in how it is set up. Van Zomeren said now the highest density is 3 units per acre, and this is closer to 14. Lindquist replied that the proposed use realistically would not happen. Smith said it doesn't reflect on quality, but it doesn't fit on how it is zoned. Steve Young said he realizes he is asking for more units than the current zoning code allows. He questioned what could be reasonably developed there and he appreciates comments that it is not an intent or design base. Smith asked Young if he would consider other uses. Applicant said there is not a lot of interest in retail or business, that housing is the market, and condominium units may be possible. Gaffron said the staff was directed by the City Council to put on a high level burner looking at B-5 zoning, and he thinks we should be looking at the entire Navarre area. Stoddard said he liked the plan, but it comes down to zoning and density and the current zoning is the best fit for the neighborhood. The applicant asked if the Commission believed office use is best. Stoddard replied current zoning is the best for that area. Smith suggested the applicant change the target market. The applicant said he was looking at possibilities, and looking at a target market for seniors that would be a definable-project. Stoddard said it all comes down to density. Applicant mentioned the State's 1 0+ year moratorium on nursing homes and discussed the complex issues of having senior housing available. PLANNING COMMISSION COMMENTS (#7) #2364 JOHN SERENA, 4607 WATERTOWN ROAD -CONDITIONAL USE PERMIT Smith moved, McMillan seconded to table agenda item (#7) #2364, John Serena, 4607 W~tertown Road; conditional use permit. Vote: Ayes 5, Nays 0. -· 16 CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2383, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 3rd day of June, 1998. Pl~~).(}~~ Mary ~ohnson tf/ CITY OF ORONO 2750 Kalley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (6 12)473 -7357 Fax (612)473-0510 The Plann i ng Commission will hold a public hearing in the Counc il Chambers at 2780 Kelley Parkw ay on Monday , June 15, 1998, beginning at 7:0 0 p.m. on the maner of appl icat ion #2383, a request by Chr is and Gary Valerius for prelim inary Class II subdivis ion approval to create an additional building site on the property loc ated at 3750 Bayside Road legally described as follows : Lot 2, Block 1, Burgers Bays ide Second Additi on, Hennepin County, Minnes ota . PINS#05-117-2 3 21 0020 The property is zoned LR -1A, One Family La keshore Residential District, where the minimum lot area requ ire ment is 2 acres . The parcel contai ns 3 .3 1 acres of dry buildable land and 1 .2 0 acres of wetland. The applicants may request a second sewer unit, a wetland cred it, and a lo t area variance. All persons wishing to be heard shall appear at this time. Written comments shall be submitted to the Zoning Admin i st rator be fore June 8 , 1998 . A copy of the proposed subdiv isi on is available in the City Olfices for review . City of Orono By : Plann ing Commission Elizabeth A. Van Zomeren Zoning Adm inis trator /City Planner (Publishe d in The Laker and Pioneer May 30, 1998) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed -~A...,P...,P~l~i~· c=a=t=i=o=n~#~2~3~8~3~_ Valerius Request which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks: It was first published Saturday the 3 O day of_~M=a=-y,.___ __ _ 19..2JL, and was thereafter printed and published every Saturday, to and including Saturday, the ___ day g//ffe 19 __ ; 7 Authorized Agent Subscribed and sworn to me on this · CITY OF ORONo · :•-·.-· 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone · (612)473-7357 Fax · (6121_473-0510 ~ The Planniri{ Commission wi1·1 hold a public hearing in the Council Chambe rs at 2780 Kelley Parkway on Monday. June 1 5 , 1998, beg inning at 7 :00 p.m . on the mauer of application #2383 , a request by Chris and Gary Valer.ius for preliminary Class II subdivision approval 10 · create an add it ional building site on the property located at 3750 Bays id(l Road legally descri bed as follows : Lot 2 , Block 1, Burge rs Bays ide Second Addition , Hennepin County, Minneso ta . PINS #05-117 -23 2 1 0020 · · The property is zoned LR-1A , One Family Lakeshore Res idential District , where the minimum lot ar ea requ irem ent is 2 acres . The par.eel contains -3 .31 _·ac res . of dry buildab le land and 1.20 acres of wetland . Th e applicants may request a second sewer un it, a wetland credit, and a lot area variance . All -persons wish in g to 0 be heard sha ll appear at this time . Wr illen comment s shall be subm itted · to the Zoning Admini st ra tor before June 8, 1998 . A copy of the proposed subd ivis ion is ava ilable in -the City Offices for rev iew. · City of Orono By : Plann ing Comm i ss ion El izab eth A . Van Zo meren Zon ing . Ad mi nistra iortC ity Pfan ner ( Publ is hed in Th e· La ker and Pion eer May 30 , 1998) Affidav it of Publication State of Minnesota, County of Hennepin. Bill Holm , being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualificat i ons as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A .07, and other applicable laws, as amended . B.) 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C/30-2:£:L/$3. ®i-WJe (9t:-c;N~ -bo p~,N~ ~~of. - "{CJ y~f'v[//U~ ~~ 5<('bietA--lwA-ni<- f-0f'J~110 (=:, I.).) 1 /A_ fse /U~ sD . IF-1.,--/ s -- /U~) ~/U fetJU1~-~ /4-S1~ ~IN~ ff-MJ 1 77~ ~,,A&P ~ PoA..Jl. /5. '.j!/Ct..L-r,~ ~~ c_Ad!._eJ.1,L~~ t--er ~A-. rw■w,,~ I • .i,/ 1-■=-■- @,wyem litle Insurance @rporation NATIONAL HEADQUARTERS , RICHMOND, VIRGINIA COMMI'l'MlmT FOR TITLE INSURANCE SCHEDULE A Nt4"(; $39-5615' I 1. EFFBC'l'IVE OATS: June 18, 199:8 at 7 A.M. I I 2. POLI~ OR POLICIES TO SE IS~Olm: (a) --·:· i I x A1i'l'A'OWNl!:R.'S POt.ICY-(10-11-92) A1if~ RESIDSNTIAL TITLE IN$URANCS POLIC't-(6-1-87) PROPOS!D INS'OlUID: I TO :BE Dll:TERMINEI:> , ' ; ' (l:,) ALTA :t,OAN POLICY-(l0-17-92)1 PROPOSBt>.INS'URSD1 J,\ '. ''j -,, .... CASE NO. 44645 . AMOUNT$ TO BE DETERMINED AMOUNT$ 3. TITLB 'l'O THE FEE SIMPLE ESTATE OR INTEREST IN THE I.AND DESCRIBED OR REFERRED I • TO IN THIS COMMITMENT IS AT Tim EFFECTIVE DATE HEREOF VESTED IN: I James Todd and Paericia To4d, husband and wife (as to parcel l), John Burger and Mary Jane Burger (as to parcE:l 2) I ! 4. THE UlND Rli:J'li)RRED TO IN THXS COMMITMENT IS LOCATBI> IN THE COUNTY OF Hennepin I STATE OF MINNESOTA ANO J,E~l,Y DESCRIBED AS FOLLOWS : I I SEE;A'l'TACHED SCHSDTJLE A ! i I I I ! I I fOt:IN'J:.SRSIGNBD AT Guaranty Titl~' Inc. \ ! .-r...;~ic:,11.➔l,-...J...L(.~~...::iA!l.,g~;n~t ~ COMMITMENT NO. 44645 Sohedule A.-Page 1 THIS COMMITMENT IS INVAI..ID um.ESS TRB INSURING PROVISIONS AND ~ ---.. -------·-- - ff If Jft I It I/• I /,I I 1/I 1 //, I ll / / 1 1 J / ,, j I lt J j j , J j< I j jt J 'J I JI( { I l, I f ,, , ! 1 I , , 11 1 \ I , / 11 ,_; I • h I j' 1 • I f I JI' I I l! Form 100 O3S-0-1O0-0011 Lltho in u.S . .t> I' . JUL 30 ·,98 0~:~ jHRANTY ]J,T~MP[.~ ■-N-IMMNIMIMA ■ -.1■11111 ■ ■aw MIHHIMiMMMIMNIM■IMliNIMIHMNMIIM~. 2/NIWP @_wyers Jtle }nsurance@poration NATIONAL HEADQUARTERS IUCtU.IOND, VlftGINIA SCHEDUU: A CONTINUED PARCEt. 1: i t.ot l, ~lock 1 an~ Outlot A, Burger's Bayside Second Addition, according to the recorded plat thereof, Hennepin CO\lllt~,, ~innesota, I (Abetract prope~ty) NOTS: Guaranty Title, Inc., prepared this commitment from an examination of the public ,records and ilil not i:1 ppssession o:f an Abstract of title for the property in question. PARCEt, 2 :- t.ot 2, Block 1 and OUtlot B, sJrger'a aayside second Addition, according to the recorded I • plat thereof, Hennepin county, ,Minnesota. (Abstract property) NOTE: . . Guaranty Title, Inc., ~repared this commitment from an examination of the public records and is not j,n possession of an Abstract of title for the property in question. \ i I ! SCMBDtJLE A•PAGS 2 COMMI'l'MENT NO, 44645 , 11 1 r.1 1 , it t 11 l 1 •1 1 Ji • .11 1 l r· I 11' Ill lll• ll,1 l'II ti, IJ 11 ~II\ !IL flt 111{ lf 1 1'1 II• .lh If,< l;f< (/1 IL 111 J/J Jt• Form 100 1t41" n 4Ml\ft11 Litllo in U.S .. i / IQb' 4~Hl'l l,;,l!Hi...:Hl'i I T I l I Lt. l'lt-'L~ NPNWl ■ll--■IIPllfPLMIININHMIMNitJIIPIWIIIPPIMIIYPl■lPIUPrr . ..:S/ J ■n«ter ■c- 1 ! 1 fu,wyem Jtle Jnsurance@poration NATION•L HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE 8--SECTION l REQUIREMENTS ·, THE FO~t.OWING ME Tlm REQOIRE:MENTS TO BE COMPLIED WITH: I ITEM (A) PAYMENT TO OR FOR ~'HEiACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATS OR l:NTJFREST TO BE INSURE%). ITEM (S) PROPER INSTRUMENT(~;) ~REATING THE SSTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND l:>ULY FI1,!D FOR RECORD TO WIT: I l. Insurable interest to bo established of reeo:rd. I ! THIS OOMMITMBNT IS INVA:t,ID UN~SSS THE INSURING PROVISIONS AN!1 : SCHEt>ULBS A AND B AAE ATTAC~ED. ! 111 ! I' 11· 111 I t'I I 'II !]1 l fl I Form 100 ru\5,0-100-OO11 I ! scmrn~E B-SECTION l•PAGE ~-COMMITMENT NO. 44645 litho In U.S.I NMMiit.6Wkw,ie4,wiWi~1,,;,:.,t.~i.t! .. ,Y-Lb:l::J;ltk-.¼Mi+N■1+1••••••••1■,,.,,,,,,1e,,e,,,-,,,,,,.... 4/ (,..,,_,_ ! fu.,wyers '}itle Jnsumnce@rporation NATIONAL HEADQUARTERS IUCHMOND, VIRGINIA SCHEDULE S•-SECTION 2 EXCEPTIONS nm POLICY oa POLICIBS TO S! ISSUED WILL CONTAIN EXCSPTIONS TO THE FOLLOWING UNLESS THE I SAMS ARE DISPOSED OF TO THE ~iAT;SFACTION OP 'l'HE COMPANY. l. 2. 3. 4. s. ~elects, liens, encumbrunces, adverse claims or other matters, if any, created, first appearing in the public re~ords or attaching subsequent to the effective date bereof but prior to the date the p::oposed insured acquires for value of record the est~te or intarei,t or mortgage th«~rei,n covered by th:1.s Commitment. I Any lien, or right to a li~n, for services, labor or material heretofore or hereafter furnished, imposed by l;lW ~nd not shown by the public records. i Rights or claims of par~ie~ in poi,session and easements or claims of easements not shown by the public rec•~rd~, boundary line disputes, overlaps, encroachment~, and any matters not of record W:~icµ would be disclosed by an accurate survey and inspection of the premises. I ! Taxes due and payable in ~998. ' Special assessments, if any. I 6. Mortgasie: _ Dated: Noveml)er 30, 1994 i Filed: February 1, 1995 Document No. G393994 MoreSJagor: Jamee Todd an4 Patrieial Todd, husband and wife Mortgagee: Chase Manh2tti,n Finance Center, Inc. I To i,ecure an indebtednE•ss I of $440, ooo. 00 payable under the term,. t~ere0f. and any other .urns which may become due and 7. Illl'I : j Mortgage; . Date4:" October 7, 199!i Filed: January S, USE; 't>ooument No: 6521000 . Mortsiagor: Jamee Todd and Patricial Todd, husband .Moregagee: First Sank. N~tional ~ssoeiation and wife To secure an indebtedn1iss!of $20,000.00 and any other sums which may become due and payable un~er the tertM tf ereof . ! THIS COMMITMENT IS INV.At.It> CJNili:SS THE INSORING PROVISIONS AN!) I SCHEDULSS A AND 13 ARE AT'l'ACKE1:! SCREDULE a-SECTION 2-PAGS 1-COMMITMENT NO. 4464$ l fl• ]j, l II! , Ill I JI J lj• rJ, 1 J,! l I\ [It 1r11 I [1 /l( 111 ,Ill (]'1 ltj( 1r.1 llh ~f/1 llf' l'I\ flt Ith 1(1 11,, l./1( I_/( 11: l i 11·, Forn'I 100 · 036.()-100·0011 Litho In U.SJI ; Id \Tl« fi1 Ill! 11• tlP l_llt 'Tit tlL I l'.Jc;j • "l-:'Hl'l \::,L 1Hl"'.HI 11 I I .I. I L.C. l'IJ-'L.=i ll■lll■■GIPNIIIIIWPiiMIMNMitWNMil■MIPe«eeu_,.,.,, •• ,_,+tn ■r • ...)F ( •.. - ( \,', 9 •• Mortgage: oated: octo0er 11, l~95 Filed: January 5, 199i6 Document No, 6521112 Ltwyers Jtle }nsurance@rporation NATIONAL HEADQUARTERS IUCHMOt,10, VIRGINIA EXCEPTIONS CONTINUED Mortgagor: James lodd and Patricial Todd, husband and wife Mortgagee: First E,ank of South Dakota (National Association) I I To secure an indebt.e&?,ese of $38, ooo. 00 and any other ~ums which may become due and , payable under the terms thereof. I I I contract for Deed hy ~d between John Burger and Mary Jane Burger, husband and wife, as seller, and Gary K; Valer:i.us and Christine M. Valerius, husband and wife, as purchasers, dated november 4, 1993, filed NovemDer l2, 1933, as Document No. 6181589. (as to parcel 2) 10. Mortgage: , Dated: October 7, 19~6 ~iled: December 3, 1~96 Document No. 667130~ Mortgagor: Gary~-V;alerius and Christine M. Valerius, husband and wife M~rtgagee: state ean!k of Long Lake To secure an indebtedness of $35,ooo.oo and any other sums whioh may become due and payable under the teDms thereof. . I ' 11. Minerals and minetal;rights reserved by the State of Minnesota, as shown on the certificate of Title! / ·12. · Rights of the· State and the public in that pa.rt lyins with Lake Minnetonka .. 13. Driveway easement:s) :over that part of ~ot Sl, Auditor's Subdivision No. 2031, lying South of Lot 52 in said Auditor's Subdi~ision No. 203 and the South line of said Lot 52, extended Eastorly to the Westerly line of County'Road No. 84 as contained in Document No. 398Hl4i. 14,, Utility and drain,lge; easement(s) as shown on the recorded plats of Burger's Bayside Second Addition. / I'll ·1 ' , !I< l jl( I II• ll• I!! I :1, f I' i I/, ' / /, I ) / / I! I '!I J /• I J 1 1 / ]t I i L , I H I 1 It I I l\ I I 11 I I 1, l 'I I I, I I Ji I I I I \1 I l 11 I l I• I I• Form 100 0l\5.0•100-0011 1.ltho in U,SJ _ -.~ '~ 11~4AM GLIARHN I Y 111 ~ MP!,...l;i -IHIIIIW WMi~m,1Vll'tlfP■1Sw1,.,r-,m AFIIWMifEMNIMiiMIIMIMIIM ■Wl ■l■l'91eµ. 6/7111_,ILIIII ' -i I 1 fu,wyers Jtle Insurance @rporation NATIONAL HEADQUARTERS IIIICHMOND, VlftGINIA EXCEPTIONS CONTINUED I ' is. Driveway easement(s) +er the southerly 16,5 fee~ of Lot 2, Block 1, Burger's sayside Second Addition as contained in Document No. 646$679. I I lEf. ' Terms and conditions !of Declaration of covenants, Conditions and Restrictions recorded August 17, 1989 as Document No. 5444195 ae amended by Document No. 6039266. / i 17. Terms and conditior..s ~f Declaration of Private Road and Utility Easements and Covenant for Road ~aintenance recorded August 17, 1988 as Document No. 5444194 as amended Dy Document No. 6039267. I • ' i This Commitment was prE:pa1ed by Thomas McManus. If there are any questions regarding the terms of the commitment please call (612) I 339-5813. i -' -... ~-t. ! . $ • l'•·,; ,. -' I I I I I I I I i I I I i I I ! I i I I I I I I ·!\ -._:,,.,' ,-. ,1,,:,,, I 1 ', 1 ' l 1 l 1 , I l l I '1 I I, t I 11 I ' I~ I , • t li I I I , 11• I I 1\ I I I\ l I I I I I I I I• l I II I , I , I l• l I Jl I I I j1 f 11 I I fi I I If I I I Ii I l , f I• f I Form 100 n~i;-0.100-0011 Litho in 1J.$..A. Application # 2 ~83 Date Received 5_/-i--2-/ '1 g Amount Paid ~So ~ ~ CITY OF ORONO -SUBDIVISION APPLICATION PROPERTYLOCATION . , r17 I) Site address 37 Th ~:;;' ,g..<!_ lc.-4' , {Sh,yua Property Identification Num~ D) OS -//7 -§3-Z.l--b 6 ,2--0 Please check one -Property _){_ abstract or __ torrens? Attach legal description to application. APPLICANT Name --\cc::::,,-"H,=.......:..L...!;.__~-'-"____:__-=---.:~-=---~~-------------- A d dress ---',!f---'--=:..i.....<----"'~-1-f,J.-!aLl~-----l~:..,__----Phone (home) lfY9:'fib lJ ~ City ZipS-539:,Phone (work) L/-74 .... ~ 32_ OWNER (if different than applicant) Name ----------------------------'---Address __________________ Phone (home) ___ _ City ________________ Zip __ Phone (work) ___ _ ( attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size ·· Present use ( check) Present Zoning District PROPOSAL J /· '2-- u~I x Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units ---- Other (specify) ___ _ LO. -I A-..;. t2f2.=I ,4 Division for Tax Purposes Lot Line Rearrangement Only (no new buildling sites) Y--... Subdivision for New Building Sites _N_um_b---1~~,_o...,.,f~Building Sites _ __,_ __ Existing Units Proposed Gross Density Minimum Lot Size Proposed Use (check) f New Units ---- ;}-..._ Total Units J, Units per -1l1' Acres • · -----"'-..,__.___Sq.Ft. Dry Buildable Land ;). ;;).-7/ o-·~ V Residential -;-,<+4 -0ther (specify) ___ _ ---- 10 ~ . ' ,· ~-;:_; MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION I. Payment of fees (refer to "application fees" listed below. 2 . Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. 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). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application . Zoning Official's Signature___________________ Date ______________ _ MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable ). 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. Zoning Official's Signature __________________ _ I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: Sketch Plan Review (Class I, II & III) $250.00 Subdivision of a Lot Line Rearrangement $350.00 ,,< Subdivision Applicatioii -(Class I & II) $350.00 Date --------------- Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential) ___ Final Plat Application (Class III) $200.00 ___ Legal Review and Filing : ___ Subdivision only $75 .00 ___ Subdivision w/easements and covenants min. $200.00 Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $200.00 (No change from original application) ___ Renewal of Class IH , Preliminary Subdivision Application $200.00 (No change from original application) Renewal of Final Class lII Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: __ Proposed Private Roads $600.00 + $.50/lineal ft.; ___ lin. ft. x .50 = $ __ _ Proposed Public Roads $900.00 + $.50/lineal ft .; ___ !in. ft. x .50 = $ __ _ Request for City to Accept Existing Private Road $900 .00 Proposed Sanitary Sewer Main Extension $250 .00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x ___ new lots C. Flexible Application Fees/Misc. Fees Variance $220.00 ($50 .00 per each additional variance) ___ Easement Vacation Associated with Subdivision $100.00 -~-.PRD Application with Subdivision $30.00/Dwelling Unit The applicant hereby agre Planning Commission • ti o pr vide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, · to process this application and further agrees to pay all additional fees established by ordinance . Date :S /2{ /c;? Owner's Signatur Date-:..___....:.::#'------'-Lx~/J.~>y __ _ Applicant must have all submittals into the City Office 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 to advise the Building & Zoning Office of this change prior to the meeting. 11 TRANSACTION REGISTER Page 20 6823 Type Normal Tendered so. pate 05/22/98 Time 07:16:11 Sub Total 350.00 Checkl 35.0.00 os RO Total Discount 0.00 Check2 0.00 customer VALERIUS ----------Check3 0.00 Sub Total 350.00 Cash 0.00 check #1 No. 9466 Total Tax 0.00 Credit 0.00 Change Check #2 No. ---------------------------- Check #3 No. Total Amount 350.00 Total 350.00 0.00 Stock Number Description Units Price Each Sub-Total Discount Tax Total -------------------------------------------------- SERVICE LAND USE APPLICATION 1 350.00 350.00 0.00 0.00 350.00 COMMENT #2383 -3750 BAYSIDE 1 0.00 0.00 0.00 0.00 ------------------------------------------- 2 350.00 0.00 0.00 350.00 Trans. No. 6824 Type Normal Tendered Trans. Date 05/22/98 Time 07:35:02 Sub Total 30.00 Checkl 30. 00 Clerk ID 03 JG Total Discount 0.00 Check2 0.00 Customer NONE ----------Check3 0.00 Sub Total 30.00 Cash 0.00 Check #1 No. 3189 Total Tax 0.00 Credit 0.00 Change Check #2 No. ---------------------------- Check #3 No. Total Amo.unt 30.00 Total 30.00 0.00 Stock Number Description Units Price Each Sub-Total Discount Tax Total -------------------------------------------------- SERVICE GENERAL TAXABLE SALES 1 30.00 30.00 0.00 0.00 30.00 COMP PLAN BOOK 1 0.00 0.00 0.00 0.00 ------------------------------------------- 2 30.00 0.00 0.00 30.00 Trans. No. 6825 Type Normal Tendered Trans. Date 05/22/98 Time 07:38:00 Sub Total 36.39 Checkl 36.39 I Clerk ID 02 CH Total Discount 0.00 Check2 0.00 Customer #10·251 405 OXFORD RD ----------Check3 0.00 Sub Total 36.39 Cash 0.00 Check #1 No. 10353 Total Tax 0.00 Credit 0.00 Change Check #2 No. ---------------------------- "" Check #3 Total 36.39 Total· 36.39 0.00 No. Amount Stock Number Description Units Price Each Sub-Total Discount Tax Total -------------------------------------------------- SERVICE PERMITS -GENERAL 1 0.00 0.00 0.00 0.00 0.00 SERVICE Base Fee 1 35.00 35.00 0.00 0.00 35.00 SERVICE Plan Review 1 0.00 0.00 0.00 0.00 0.00 SERVICE Mail in Fees 1 0.00 0.00 0.00 0.00 0.00 SERVICE State Surcharge 1 1.39 1.39 0.00 0.00 1. 39 SERVICE SAC Charge 1 0.00 0.00 0.00 0.00 0.00 T -------- .... .. RUN DATE 03/06/98 BATCH 504 PROP ADDR OWNER NAME TAXPAYER NAME/AD DR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 05-117-23 21 0005 03780 'BAYSIDE RD CL & R J WICKLUND CRAIG L & RENEE J WICKLUND 3780 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 21 0013 03630 EILEEN ST DH ILSE & SL ILSE DAVID & SHEROKEE ILSE 3630 EILEEN ST MAPLE PLAIN MN 55359 38 05-117-23 21 0020 03750 BAYSIDE RD JOHN & MARY JANE BURGER CHRISTINE & GARY VALERIUS 3750 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 22 0013 00038 ADDRESS UNASSIGNED D S PERKINS & PM PERKINS DANIELS & PATRICE M PERKINS 55 LANDMARK DR ORONO MN 55356 38 05-117-23 23 0036 00038 ADDRESS UNASSIGNED LANDMARK DR HOMEOWNERS ASSOC LANDMARK.DR HOMEOWNERS ASSOC C/0 LEE C HARREN 175 LANDMARK DR LONG LAKE MN 55356 38 05-117-23 24 0070 00038 ADDRESS UNASSIGNED J B MAUS & J E MAUS JAMES B & JOANE MAUS 3700 BAYSIDE RD LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 05~117-23 21 0008 00038 ADDRESS UNASSIGNED STATE OF MINN STATE OF MINN (DNR) (LUCE LINE TRAIL) 38 05-117-23 21 0016 03700 BAYSIDE RD J B MAUS & J E MAUS JAMES B & JOANE MAUS 3700 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 22 0010 00055 LANDMARK DR D S PERKINS & PM PERKINS DANIELS & PATRICE M PERKINS 55 LANDMARK DR ORONO MN 55356 38 05-117-23 22 0014 00185 LANDMARK DR R F & K A KYLE RICHARD F & KATHLEEN A KYLE 1140 TONKAl'lA RD LONG LAKE MN 55356 38 05-117-23 23 0037 00255 LANDMARK DR MARK L & KARENA S CASEY MARK L & KARENA S CASEY 255 LANDMARK DR LONG LAKE MN 55356 38 05-117-23 24 0082 00038 ADDRESS UNASSIGNED DANIEL P CAHILL MRS DANIEL CAHILL 224 N 5TH ST DELAVAN WI 53115 REPORT NO. PI435401 PAGE 10 38 05-117-23 21 0012 03625 EILEEN ST JOHN G PIDGEON & l'lIFE JOHN & MAGDALEN PIDGEON 10912 GLEN WILDING LANE BLOOMINGTON MN 55431 38 05-117-23 21 0019 00050 LANDMARK DR JAMES & PATRICIA TODD JAMES & PATRICIA TODD 50 LANDMARK DR ORONO MN 55356 38 05-117-23 22 0011 00175 LANDMARK DR LC HARREN & J M HARREN LEE C & JULIE M HARREN 175 LANDMARK DR LONG LAKE MN 55356 38 05-117-23 23 0035 00038 ADDRESS UNASSIGNED MARK L & KARENA S CASEY MARK L & KARENA S CASEY 255 LANDMARK DR LONG LAKE MN 55356 38 05-117-23 24 0069 00038 ADDRESS UNASSIGNED J B MAUS & J E MAUS JAMES B & JOANE MAUS 3700 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 24 0105 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 -.. RUN DATE 03/06/98 BATCH 504 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 05-117-23 24 0111 03775 BAYSIDE RD GR & CE ROWLETTE GERALD L ROWLETTE 3775 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 24 0119 00038 ADDRESS PENDING JOHN & MARY JANE BURGER CHRISTINE & GARY VALERIUS 3750 BAYSIDE RD LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 05-117-23 24 0115 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 TOTAL BATCH 504 00022 /', REPORT NO. PI4,35401 PAGE 11 38 05-117-23 24 0118 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION'OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOl'ILEDGE AND BELIEF: l /, <:""'-s DATE 31919B BY, VIA<, ·~ ( I V ~~ "--~ ~~ '"--~-~ ~cl ~ N59•2 1 • I S"W "'-34. 02 ,. 282 8 "'-! \ "' N ! \ • 3 N89 "44 ' 16'W i \ 347. 14 NB9•35• 41 'W PT OF LOT 53 ( 14) I :8 149. 03 662.83 S!\9"44' IS"E 4<l (I) ( 5) 316 EI L .97 N86 "W ~ EEN c ~ 13. 96 320. 47 '- I ( 11) 4@@1i ~ --.l (§Y rz~-1-A ~ -~ I ( 10) ~ .,..~ ~ 4, ~ 'I.. ~ t::::::::!J \Jal2.f~0\ ~ 3,'Sb . ---2 i ~- ·.:,;, lP--f f\ l..o ,::i"I. ~ .":fl• ( 16) :" --PT or LOT S3 ~ ~ ~ ~ U'f) n ~ ... , D C :< 2 ro· .-( I I) ~, ,,, ~@ • ~ .. ·@ ~ ;;, s~ ~l r..J° .. ..,._ IT A :so• I, 6 !\ -'• ~ I I I I I I PRELIMINARY PLAT CERTIFICATE OF SURVEY FOR CHRISTINE VALERIUS S 89°48' 35" E 176.76 I OF LOT 2, BAYSIDE SECOND MINNESOTA BLOCK 1, BURGERS HENNEPIN COUNTY, ADDITION 0 " CD I'") w LO N -... ... D R \II 1/V A I N r [ A G E: T I A I ,_ r-1 ~ I ~1 ~ E: ME: N N 89°44' 16" W 149.05 0 i, I /-, . --, / ,~ -, EDGE OF ETLAND _) ' , V--,,. na _ _ _ _ /4<l> Y,'oo '-,. /'" /-.;".l'l,,· '1 ~ 'Y~S :--------'-.. / /':, /' / / 'I,, I ,, ) ?);;.--'-,. A',f-/4 ZOM;,vc; ~. / 7'°:x / --.-+--<z::----~---:::----;---...., -----7~ -------~ 10: I ' 197~ ----z,<-/A z,.,,,,,;Y _,--,-/ / I --...._ /' / / l7o I '-.. ----/-------/ 0 0 c:i '<!- '<I- w ~\I ,n: I , /1,.:,J'.-.---, I -t:· ,/1, / : _.,,-SUR,VE'f \;/ /.. . . ' ' / : ./ / .. l' 1 / • ~•1 .l I \ I _-,Jc \ .. · , 1 , ◄ / .-· 01 .-·1 · I \ fl I .10 _,. / .. •' / I \ / 30 . · 13 0 \ / ,, ·,·r)f / I -..._.---, fy:/_✓-~-/ / ~ I !Ii•\" / '/ I ~ : 1 ; ' 1 2 .,,8 I I , : / "\.., 2.zet.,c. ~ I I 2,z:,_4,:. ' . "«'l!~c ,,.l 1'11,/ I /,JIIAc.ur I' , : : : 1' \ / ,,o l/ /1 . I 1 / I / /I I I / f 1: \ ~ -" Ir >;. I ' \1 .P,... I "- ,-I I \1 I , 1\ . = , ) \ I I \ : : I I ~ . ,s, . '] I I -• • / '\ l /f \ ,,,:: / / ~ L I I I . ' ) I I / '· \ ), ': I \ I I 10 : "r· \ l I I \ \ ; ; \ \_ ----"---------I I \-.. '\. ---- \ : ·.• I '\ ----"- / I ', -g',O '-.. " '\,,) ' f(Tl,l(lt '--.. (X) (0 oi '<1- ..._I") ~ N '<I- in 0 a 0 V) I 10\ ~...._ ·, r6U£,-..._ -..._ ', , I \ .,.. · """1. --._ -_ _ ~Js · r-- \+ -----------~ I l'-1 \. ~"\_;~---110 \ ~ ~~ -.;:,'\ I __, ------r W I \ .r;, _ :--:-·,-:-;;,....----=---=--~;,,-----------I s 8 9044 1 16" E 148.50 LO NO -+---- ;_~L-----=-::~-::::?~ ""'0T84: \BAYSIDE ROAD) b... N 89 a 35 ,41 11 w 236.71 ,.,,. z I rO• ..= I e-= 1 ' ' ' ~ \ \ \ V ~ii i 35 I 30 ' \ LEGAL DESCRIPTION OF PREMISES : Lot 2, Block 1, BURGERS BAYSIDE SECOND ADDITION o : denotes iron marker Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house, shed, and gravel driveway thereon. It does not purport to show any other improvements or encroachments. TPTAi A;tEA.::: -1.5/ f AO~f .. .. OEsiGNED ■ REVISION DATE DESCRIPTION I HEREBY CERTIFY THAT THIS PLAN. SPECFICA TI0N. OR REPORT WAS PREPARED BY ME OR UIOER MY DIRECT SUPERVISION AND DRAWN COFFIN & GRONBERG, INC. 1--------11-----------------tr-.oNSUL TING ENGINEERS, LAND SURVEYORS, SITE PLANNERS THAT I AM A DUL y LICENSED PROFESSIONAL ENGIIEER UNDER I I Tr£ LAWS OF THE STATE Of' MINNESOTA. DATE sC~LE_ 1"•§1( ct£CKED l-l----l---------------7 ta-<l117 482 TAMARACK AVENUE, LONG LAKE, t.t-l. 5!5356 612-4-73-4-141 ~-✓- DATE ,l-u-z, MN LICENSE IU.4BER ~ 3-25-98 JOB NO. 98-097 . .. . . • Form No. 28-M-OUIT CLAIM OEEO l ndividual {sl to Corporation or Partnership .6465679 No delinquent taxes nnd bransfer e~to eel; CerUficute of Real Estate Value ( . ) filed ( ) not required Certificate of Real Esta~e Value N ·------•· ___________ ,19 __ _ PATRICK H. 11'CBNNOR IICJJ l!allM¥it ,,..,'Nfali- by ~~dllor . Depiify•- STATE DEED TAX DUE HEREON: $ LG5 Date: March 15 , 19 95 lllnnltn ( lll7R) . ,:,..,.:, . -,, le..':., ••,b ,. .. ,... --~--... -- " . . OFHCE Of C{Ji!'i1{q,Y~Gr&P.!i.11n HENN'EFIN CDUtnY, M,NNES01 A neap~:'" CERilFIEO FILED Mm OR R~CORDEP OR , .. . 95 nUG 22 AM to: 02 ASOQCUMEKT# 646567. 1 ~if :..,,,,J-CO. RECOROEn (l JW~y · 22AUG9510: 01 G6465679 · SCO $4 .50 '· 22AUG9510:01 C646.$679 22AIJG9510=01 C64'55679 CC!H $5.00 DOC $15.00 (reserved .£Qr recording data) FOR VALUABLE CONSIDERATION, John Bu"r9er and Mary Jane Burger husband and wife , Gran tor (s), {marital status) hereby convey(s) and quit.claim (s) to D.J • F.arr HollJeS, Inc. -:. _ . . . , Grantee, a corporation under the laws of the state of Minnesota real property in Hennepin Coun_ty, Minnesota, described as follows: Lot 52, Auditor's. Subdivision Number 203, according to. the recorded plat thereof Hennepin County; Minner;ota, togeth-ar with a uuu-exclusive easement fo-r driveway over the southerly 16.5 feet of Lot 2, Block 1, Burgers B~yside Second Ann~~1n~, . ~ : ;T: I am familiar with the property described in this instrument and I certify the status and number of wells on the described real pr~.-·· ve,~c ~~since the last previously filed well disclosure certificate._~..::;,·=-e,;..::_~e--i~½~~"--6-~~--==-=-- •. -.~·--· _,,..-... =•· . •. .,. • • -. " • • • .• . .• . . . l .. . . . , .. -. ... . . . . .. ' . .,. .... __ ,. "The total consideration, of this transaction is $500.00 or less" (if mora space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. AH.ix Uec:d Tax Stump Uere STATE OF MINNESOTA COUNTY OF Hennepin } ~- .··' The foregoing instrument was acknowledged before me this lSth day of March , 19 95 , by John Burger and Mary Jane Burger, husband and wife __________________________________ , Gr~ntor(s). NOTAltlAL STAMl' OR SEAL (OR OTHEit. TITLE OR RANK) - THERESA EMRY NOTARY PUBUC-MINNESOTA CARVER COUNTY My Commission Expires Jan. 31, 2000 Tax Sta.tementt for the real p.t:ope'rtv/doicrlbt1d In thl ■ ln1trwnent 1hould be sent to (lnd~d;e ... n~~ !n.c'J. addreir'ot Gnnt&e}: O:~:\r.:;.t :~Farr· Hornes, Inc. 11,4;0<~•1,•-::5.,9,1~\1 Place North Plymoitt'If;. MN 55442 ''THlS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Chicago Title One Carlson Pkwy Plymouth, MN 55447 C, 11, t~ENNEPIN COUNTV MN D~ED TAH PAID 08/22/95 9:37AM PAID $1.6 ..... ' -., ---.......... -...... ' ' -· ·-. ·, "---·•-·• .... ····-····--· ·-··-'•"·---·-··-··-·-......;.-- . ., , .?:-·.:::, 0. Q) .o