HomeMy WebLinkAbout#2365 Scanned FileAPPLETON, WISCONSIN
BELLEVILLE, ILLINOIS
BLOOMINGTON, ILLINOIS
BROOKFIELD, WISCONSIN
CHAMPAIGN, ILLINOIS
CHICAGO, ILLINOIS
CRYSTAL LAKE, ILLINOIS
FT. LAUDERDALE, FLORIDA
JACKSONVILLE, FLORIDA
JOLIET, ILLINOIS
LAKE GENEY A, WISCONSIN
LISLE, ILLINOIS
Christine Valerius
2242 Commerce Blvd.
Mound,MN 55364
HINSHAW & CULBERTSON
PIPER JAFFRAY TOWER
SUITE 3100
222 SOUTH NINTH STREET
MINNEAPOLIS, MINNESOTA 55402
612.333.3434
TELEFAX: 612.295.0398
Nancy Chadwick
Direct: 612.295.0660
Nchadwick@onrampinc.net
February 12, 1999
Re: Valerius Addition (the "Plat")
Our File No. 752031
Dear Chris:
MIAMl, FLORIDA
MILWAUKEE, WISCONSIN
MUNSTER, INDIANA
PEORIA, ILLINOIS
PHOENIX, ARIZONA
ROCKFORD, ILLINOIS
ST. LOUIS, MISSOURI
SAN FRANCISCO, CALIFORNIA
SPRINGFIELD, ILLINOIS
TAMPA, FLORIDA
""''"""',""· ILLINOIS
As of this date, I have not received the re-executed affidavits of John Burger, Mary Jane
Burger and Gary R. Valerius which I sent to you on January 5, 1999. Please call me to let me
know when we can expect to receive the re-executed and re-notarized affidavits.
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 J. Barrett, Esq.
Very truly yours,
Nancy L. Chadwick
Legal Assistant
To: Chairman Kelley and Planning Commission Members
Ron Moorse, City Administrator
From: Michael P. Gaffron, Asst. Planning & Zoning Administrator
Date: October 9~-1992
Subject: #1764 Austiri Evans, 255 Landmark Dri~e -P~el{~i~ary
Subdivision -Continuation of Public Hearing
List of Exhibits
,5(,(tM.t ~ B 'I
~rwcAJJ-r~
5.,. 2/.,p _tt 5
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Exhibit A -Revised Survey
Exhibit B -Planning Cornmision Action Notice 9-23-92
Exhibit C -Planning Commission Minutes 9-21-92
Exhibit D -Memo and Exhibits of 9-18-92
Discussion
After discussions with the DNR, applicant's engineer, and the
City Engineer, staff has concluded that it would be appropriate in
this case to credit as "flood fringe" area portions of the wetland
above the 929.4' elevation contour.
Also, DNR staff indicated that they would not necessarily
consider that the shoreline of Stubbs Bay continues through the
culvert, and left it to the City's discretion as to whether we should
treat it as such. I have taken the conservative approach and asked
the surveyor to define a 75' setback from the 929.4' contour line on
both Lots 1 and 2.
Based on the above, proposed Lot 1 contains 2.06 dry buildable
acres; proposed Lot 2 contains 1.20 acres above the 931.5' elevation,
with an additional 0.92 acres creditable above the 929.4' contour, for
a total lot area of 2.12 acres above the 929.4' elevation. This would
appear to meet the intent of Section 10.55, Subd. 15 (A-3} regarding
credit for flood fringe lands.
The resulting building envelope for Lot 2 ranges from 60' to 120'
in width and 120' in depth, ample room for development of a residence.
Additional Factors
Following are additional points noted in the September 18th memo:
~l.
The property is served with sewer but was assessed only one.-··
unit as part of the Bayside Noz;,th project, and this
assessment would logically be assigned to Lot 1.·
A sewer stub can easily be provided to .serve Lot.2. Note
that the sewer unit for Lot. 2 would be charged the full unit
price not the reduced price, since the lot is not buildable
without sewer. This connection charge would be collected at
the time a building pe~mit•is issued for Lot 2. Council
..
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3201
A RESOLUTION GRANTING
PRELIMINARY APPROVAL OF A
TWO LOT PLAT FOR THE PROPERTY LOCATED AT
255 LANDMARK DRIVE
FILE NO. 1764
WHEREAS, Austin Evans (hereinafter "the applicant") on August 28,
1992 filed a formal subdivision application with the City of Orono
(hereinafter "the City") for approval of a 2 lot residential plat of
property legally described as Lot 1, Block 1, Bayside Landing, Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with
Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and
Planning Codes, the Orono Planning Commission held a public hearing on
September 21, 1992 and October 19, 1992,. at which times all persons
desiring to be heard concerning this application were given the opportunity
to speak thereon: and
WHEREAS, at their regular meeting held on November 9, 1992,
the Orono City Council considered the subdivision application and noted the
following findings of fact:
1.
2.
3.
The property is located within the LR-lA Single Family Lakeshore
Residential Zoning District requiring a minimum of 2 acres of
contiguous dry buildable land within each newly created lot.
Because the property is served with municipal sewer as part of
the Stubbs Bay Municipal Sewer Project, the applicant is
proposing to use 0.80 acr~s of wetland area defined as "flood
fringe" as credit towards the required 2 acre dry buildable area
requirement, as allowed in Zoning Code Section 10.55, Subd. 15
_(A) ( 3) •
The property contains a total of approximately 6.45 acres. Both
the proposed residential lots meet the 2 acre area requirement as
follows:
Lot 1 = 2.06 acres dry
Lot 2 = 1.20 acres dry plus 0.92 acres creditable flood
fringe: Total= 2.12 acres
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3201
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 a~proves
the preliminary plat application of Austin Evans per the survey dated
8-28-92, revised 9-18-92 and 10-8-92, by Mark S. Gronberg of Coffin and
Gronberg, Inc. subject to the following conditions:
1.
2.
Gtf)3.
4.
Lot 1 shall gain access via Landmark Drive and shall remain
subject to the covenants and obligations associated with that
private road. The existing driveway access from Lot 1 onto
Bayside Road shall be regraded to the satisfaction of the City to
eliminate all future a ·ccess at that location before a building
permit will be issued for Lot 1. Lot 2 shall gain access to
County Road 84 subject to submission to the City of an approved
Hennepin County driveway access permit prior to final plat
approval.
The under lying conservation and f lowage easment .shown as
"drainage easement" on the plat of Bayside Landing shall remain
in effect over both Lots 1 and 2.
Lot _l_ is granted lakeshore access via Outlot A of Bayside
Landing and shall be subject to the existing covenants and
restriction regarding said outlot. Lot 2 shall have no lake
access via Outlot A. Applicant is advised that Outlot A may not
be used for parking of motor vehicles per the conditions of the
covenants and special lot combination documents governing said
outlot.
The existing building foundations on proposed Lot 1 shall be
removed within 6 months of the date of f ina 1 plat approva 1, or
prior to · issuance of a Certificate of Occupancy for a new
_residence on Lot 1, whichever comes first.
S. All construction shall be within the building envelopes defined
on the preliminary plat drawing dated 8-28-92/revised 10-8~92.
6 . The extent of grading and filling that will be allowed for any
residence developed on Lot 2 shall be regulated by the pertinent
requirements of Municipal Code Section 10.03, Subdivisions 19, 20
and 21.
Page 3 of 6
·,
CITY of ORONO
RESOLUTION OF .THE CITY COUNCIL
NO. 3201 ·
4. Both lots are served with municipal sewer. The property was
assessed one sewer unit as part of the Bayside North sub-area
within the Stubbs Bay Sewer Project. A second sewer unit wi 11
be collected as a connection charge at the time of construction
on Lot 2.
5. Proposed Lot 1 is intended to be accessed via a dr i veway from
Landmark Drive. Proposed Lot 2 is intended to be accessed via a
driveway directly onto Ba y s i de Road (County Road 84). The
existing direct driveway access from Lot 1 to Bayside Road is
intended to be eliminated. No additional right-of-way is
required for Bayside Road.
6. The existing conservation and flowage/drainage easement over the
designated wetlands on the property will remain in effect.
7. The City will require granting .of a continuous 10' bike trail
easement over the south 10' of the property adjacent to Bayside
Road, in addition to the standard park fee less the value of said
trail easement.
8. Both newly created lots have been found to meet the standards of
Ordinance No. 101, 2nd Series, An Ordinance Establishing
Regulations for the Management of Shorelands within the City.
Ali proposed structures shall meet the required 75' setback from
the 929.4 creek elevation, said creek being considered for
setback and hardcover purposes as contiguous with Stubbs Bay.
All proposed structures shall further meet the required 26'
setback from the wetlands, the boundary of said wetlands defined
as coincident with the boundary of the existing conservation and
flowage easement, shown as a drainage easement on the underlying
10.
plat of Bayside Landing •.
Both lots have been found to meet the minimum standards of the
LR-lA Lakeshore Residential Zoning District, and a single family
residence can be constructed on each lot without the need for
variances.
Only Lot~ shall be granted lakeshore access via Outlet A of
Bayside Landing. Lot 2 shall have no riparian access rights via
Outlet A.
Page 2 -of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3201
7. Applicant shall grant the standard drainage and utility easements
along all lot lines (10' along exterior lot lines, 5' along
interior lot lines).
8. Applicant shall grant to the City a 10' bike trail easement over
the south 10' of the property adjacent to Bayside Road, and shall
additionally pay the standard park fee less the value of said
trai 1 easement.
9. The previous one unit sewer assessment as part of the Bayside
North sub-area of the Stubbs Bay Sewer Project shall be assigned
to Lot 1. One unit connection charge as part of the Stubbs Bay
Northwest sub-area shall be paid for Lot 2 at the time building
permit is issued for Lot 2, in an amount according to the City
fee schedule at that time.
FINAL PLAT SUBMITTALS
The following list of final submittals must be submitted to the Zoning
Administrator two weeks prior to the regularly scheduled Council meeting on
the second and fourth Mondays of the month:
1. RECORD PLAT drawings in the form of two (2) mylar copies and one
(1) copy reduced to 1"=200'. Drawing to include:
A. Lot lines platted per preliminary survey by Coffin and
Gronberg, Inc. dated 8-28-92/revised 10/8/92.
B. Dedication of drainage and utility easements 10' wide along
all perimeter property lines and 5' each side of internal
property lines -omit along the creek and wetl~nds.
C. Designation and dedication of a drainage easeme~t over the
wet lands and drainageways · within Lots 1 and· 2 per the
underlying conservation and flowage easement dedicated with
the plat of Bayside Landing. The conservation and flowage
easements shall be carried on and documented in any
documents that transfer title to the property.
Page 4 of 6
2. LEGAL DOCUMENTS required:
A. Title opinion addre
holders or others wi·t.-
shall sign the plat and a_
interest.
... -·.:..~=-:: ... ,
ga E
:re r
SU r
B. The applicant must provide certit..1... /ies of all record ,c
easements currently affecting the pro~ rty.
C. Executed bike trail easements, City to provide document.
3. FEES TO BE PAID: Total Due $200.00*
A. Legal review and filing fe.es of $200.00
*B. Park Commission has determined that a park fee will
required in addition to dedication of the bike tra
easement. The City Assessor has been asked to determine 1 1
fair market value of the undeveloped lands within t 1
subdivision so that a park dedication fee can be determin· l
The park fee shall be adjusted to exclude the value oft 1
bike trail easement. Applicant will be advised as soon a
Rolf Erickson, the City Assessor, has submitted liL
findings.
Adopted by the City Council of the City of Orono, Minnesota a 1
meeting held this 23rd day of November, 1992.
Barbara A. Peterson, Mayor
Page 5 of 6
Orono City Council
Subdivision: 3750 Ba
May 25,1998
I understand that the main duty of the Orono City Council is to represent the people
in the community. I have enclosed a signed letter from all of my neighbors within
350' feet of my property giving full support in our endeavors to subdivide our
property.
I am asking to be granted the same considerations as my neighbor was in 1992
concerning using the wetland credit. I am fully within the scope of the law by using
this zoning code to subdivide my property; in fact, Mr. Evans used this zoning code
in 1992. You will note that my situation mirrors Mr. Evans situation in every way
except for the 1' to 15' width variation.
1. He was originally assessed only one sewer unit, as was I.
2. A sewer stub can easily be provided to serve lot# 1, as it was for Mr. Evans
3.Both of my lots actually contain more dry buildable land than the lot subdivided for
Mr. Evans. I have 1.38 acres and 1.93 acres, he had 1.20 acres.
4. His lots have one lakeshore lot, one not lakeshore lot, as do I.
5. He is accessed by Bayside Road, as am I.
6. His lots met the minimum standard ofLR-lA Lakeshore Residential Zoning
District for a single family home without additional variances, as do mine.
7. I actually have close to twice as large of a buildable envelope ofland as Mr. Evans.
In reference to the width variance, my lots are 185' and 214' .I am only asking for 15'.
I can redesign the division and in doing that I would only need 1' variance. I would
have to change the end of our existing driveway to curve to the east. Ascetically, it
would look better to leave it.
The neighbor to the east has an existing width of 150.19'. The neighbor to the west
has an existing width of 148.5'.The neighbor behind us has an existing width of
176.76. The neighbor directly in front of the neighbor to the west has less than¼ acre
total land. Our new lot with a 15' width variance will still be wider than all abutting
neighbors. Note that the two newest holl)es that abut our property are not two-acre
lots.
I am prevailing upon the Council to declare this to be sewered property and grant
the wetland credit and lot width variance (as requested). I feel that Council has
already proven by virtue of it's own actions that this subdivision is well within the
boundaries of the Zoning Code.
I have proven that I have the full support of all the neighbors that would be affected.
Both lots would be consistent with other lots in the area as far as width and depth.
Some of the members of the Planning Commission noted that Council has given far
more variances for other properties and that this would be the best use of this
property. Changing the Law at the same time as my application is unfair and more
than a coincidence when in fact I had my application in before this came before the
Planning Commission. If Council wishes to eliminate the wetland credit, it would be
after my subdivision is complete.
I have proceeded in good faith based on the laws in effect at the time of my
aeplication. I deserve to have this a plication approved tonight. Thank You.
This letter is regarding the property we own at 3750 Bayside Rd.
We purchased this property in 1992 with the intent of subdividing
after the sewer was put in. At the time of purchase, we spoke with
Jean at the city and were told we had to wait until the sewer was in.
We have hired a surveyor and have divided the property in a
manner consistent with other properties in the area. We are asking
for your support in our subdivision. Thank You
Name 5 e.-J. 5 tt-,C,, fc ~ ~ 1· gnature
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Thank you for your support
Christine & Gary Valerius
To: Chairman Kelley and Planning Commission Members
Ron Moorse, City Administrator
From: Michael P. Gaffron, Asst. Planning & Zoning Administrator
Date: October 9, 1992
Subject: #1764 Austin Evans, 255 Landmark Drive -Preliminary
Subdivision -Continuation of Public Hearing
List of Exhibits
Exhibit A -Revised Survey
Exhibit B -Planning Commision Action Notice 9-23-92
Exhibit C -Planning Commission Minutes 9-21-92
Exhibit D -Memo and Exhibits of 9-18-92
Discussion
After discussions with the DNR, applicant's engineer, and the
City Engineer, staff has concluded that it would be appropriate in
this case to credit as "flood fringe" area portions of the wetland
above the 929.4' elevation contour.
Also, DNR staff indicated that they would not necessarily
consider that the shoreline of Stubbs Bay continues through the
culvert, and left it to the City's discretion as to whether we should
treat it as such. I have taken the conservative approach and asked
the surveyor to define a 75' setback from the 929.4' contour line on
both Lots 1 and 2.
Based on the above, proposed Lot 1 contains 2.06 dry buildable
acres; proposed Lot 2 contains 1.20 acres above the 931.5' elevation,
with an additional 0.92 acres creditable above the 929.4' contour, for
a total lot area of 2.12 acres above the 929.4' elevation. This would
appear to meet the intent of Section 10.55, Subd. 15 (A-3} regarding
credit for flood fringe lands.
The resulting building envelope for Lot 2 ranges from 60' to 120'
in width and 120' in depth, ample room for development of a residence.
Additional Factors
Following are additional points noted in the September 18th memo:
1. The property is served with sewer but was assessed only one
unit as part of the Bayside North project, and this
assessment would logically be assigned to Lot 1.
A sewer stub can easily be provided to serve Lot 2. Note
that the sewer unit for Lot 2 would be charged the fu 11 unit
price not the reduced price, since the lot is not buildable
without sewer. This connection charge would be collected at
the time a building permit.is issued for Lot 2. Council
Zoning File #1764
October 9, 1992
Page 2
must determine whether Lot 2's connection charge will be
based on the Bayside North sub-area rate, or as part of the
Stubbs Bay Northwest sub-area. Since Lot 2 will connect
directly to the trunk rather than the Bayside North lateral,
it justifiably is part of the Stubbs Bay Northwest project
and should pay the full Stubbs Bay Northwest unit rate.
{Note that the 9-18-92 memo indicated no payment for second
unit would be due until the second house is built. Further
discussion with the Finance Department indicated in this
situation that would not be applicable).
2. The Park Commission has requested the standard park
dedication fee plus a 10' bike trail easement over the 10'
drainage and utility easement adjacent to Bayside Road. The
park fee would be adjusted to compensate for the easement.
3. Hennepin County Department of Transportion has verbally
indicated they would approve a driveway location located
adjacent to the building envelope. Applicant should be
advised to make a formal application to Hennepin County for
an access permit, such permit to be obtained prior to final
plat approval.
4. The City is requesting an easement through Lot 1 for
municipal sewer lines extending northwestward to serve the
house at 185 Landmark Drive. Applicant is requested to
finalize the easement at the earliest possible date in order
that sewer construction can commence immediately.
5. As noted in the September 18th memo, applicant should
designate which lot will be assigned the existing lake
access rights.
Staff Recommendation
Staff recommends approval of the subdivision as proposed, subject
to the following conditions:
1. Lot 1 shall access via Landmark Drive. The existing driveway
access onto Bayside Road shall be regraded to eliminate all
future access at that location before a building permit can
be issued for Lot 1. Lot 2 shall gain access to County Road
84 subject to submission to the City of an approved Hennepin
County driveway access permit prior to final plat approval.
2. The underlying Conservation and Flowage/Drainage Easement
granted with the plat of Bayside Landing shall remain in
effect over both Lots 1 and 2.
Zoning File #1764
October 9, 1992
Page 3
ch
3. Prior to preliminary plat approval by Council, applicant
shall declare which of Lots 1 or 2 shall be granted the
lakeshore access via Outlet A of Bayside Landing, which will
be documented in the final plat resolution.
4. All construction shall adhere to the building envelope
defined on the survey dated 8-28-92/revised 10-8-92.
5. Applicant is advised of Municipal Code Section 10.03, Subds.
19, 20, and 21, which define the extent of filling and
grading that will be allowed for any residence developed on
Lot 2.
6. Council should certify which sub-area will be the basis for
the sewer connection charge for Lot 2. It is recommended
that the previous assessment for one unit as part of the
Bayside North sub-area be assigned to Lot 1, and that Lot 2
be subject to a ful 1 unit connection charge as part of the
Stubbs Bay Northwest sub-area, to be paid in an amount
according to the City fee schedule at the time a building
permit is issued for Lot 2.
7. Applicant shall grant to the City a 10' bike trail easement
over the 10' drainage and utility easement adjacent to
Bayside Road, and shall additionally pay the standard park
fee less the value of said trail easement.
8. Granting of the standard Drainage & Utility Easements along
all lot lines (10' along exterior lot lines, 5' along
interior lot lines).
/
To: Chairman Kelley and Planning Commission Members
Mayor Peterson and Orono City Council
Ron Moorse, City Administrator
From: Michael P. Gaffron, Asst. Planning & Zoning Administrator
Date: September 18, 199)..
Subject: #1764 Austin Evans, 255 Landmark Drive -Preliminary
Subdivision -Public Hearing
Application: Request to split off a 2 acre building site from Lot 1, Block
1, Bayside Landing.
Zoning District: LR-lA, 2 acre minimum.
Pertinent Facts
Lot Area: Dry
Wetland
Total
Lot Width:
List of Exhibits
Exhibit A -Application
Exhibit B -Plat Map
Lot 1
(House)
2.06 Ac.
2.24 Ac.
4.30 Ac.
250'+
Exhibit C -Property Owners List
Exhibit D -Survey
Exhibit E -Comments from City Engineer
Lot 2
(New)
1.20 Ac.
0.95 Ac.
2.15 Ac.
520'+
Exhibit F -Copy of Section 10.55, Subd. 15(A-3) and
Flood Fringe/Floodway Definitions
Issues
1. Section 10.55, Subd. 15(A-3) allows (for unsewered property) a density
credit for "flood fringe" lands equivalent to the amount of dry land,
to meet the acreage requirement. Applicant proposes to credit .95
acres of flood fringe with 1.20 acres of dry buildable land to meet
the 2 acre requirement for Lot 2.
2. Few subdivisions in staff's recollection have made use of this code
section since its adoption in 1979. In perhaps two or three cases,
existing lots of record have used the wetland credit for sewered
property.
Staff has initiated discussions with the applicant's engineer, the
City Engineer, and the DNR in attempting to determine whether all of
the proposed wetland area to be credited falls within the definition
of "flood fringe". Flood Fringe is defined as the area between the
floodway elevation (not strictiy defined for this wetland as of this
Zoning File #1764
September 18, 1992
Page 2
3.
4.
.... ~ ', /',f ,.,~
6.
7.
8.
writing) and the flood plain elevation (established at elevation 931.5
based on the culvert contiguity with Stubbs Bay). If the floodway is
defined at an elevation near 930.0 or higher, the flood fringe credit
may not be available.
Under the assumption that enough flood fringe area is available to
meet the 2 acre lot area requirement, the proposed lot boundaries
allow for adequate area and width for this to be a legitimate building
site, although it at first viewing would be perceived as relatively
low land. There is a likely buildable envelope approximately 120'
deep and 130' wide. One other unresolved concern is, if the 929.4
contour continues from Stubbs Bay through the culvert and up the
creek, whether a 75' setback must be required. If so, this would
reduce the building envelope width to perhaps 115', still leaving
substantial area to develop a residence.
The property abuts municipal sewer, and is within the MUSA boundary as
recently amended. Only one sewer unit was assessed to the property,
intending to serve Lot 1. A stub can easily be provided to serve Lot
2. A.JD Tl:'.' : <;e'c.o,•.)\... _c>: , ; , 'i, · ,,--· l,c..,C)'_I l.~ 'L ~~ L. ,r r:?J.L L Pl':.' Cf<; r _) ~ ~-
' / ' , _.,' ; • ~ • .' .n :, ',-i --(,-,,, / • .,: --, ;' • .,: • l :: / _j ,.__r,-~-/ • • ~-/~ J_ ', l. ·-• I ' •-
\/'City policy is to collect the second sewer unit at the time a building
I permit is issued for the second residence on the property, regardless
' of which lot the second house .i_s bui 1 t on. (/J 2-;.c: .:___ ,-7 '::> l----:-:-' , •r n----:·, _
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The Orono Park Commission has requested that, in addition to the
standard park dedication fee, a 10' bike trail easement be granted
over the 10' drainage and utility easement adjacent to Bayside Road.
The park fee would be adjusted to compensate for the easement.
A copy of the proposed plat has been forward to Hennepin County
Department of Transportation for review of a driveway location for Lot
2. We have no response as of this writing. The City Engineer notes a
potential concern on driveway location and sight distance, hence any
recommendation for approva 1 must be contingent on driveway location
approval from Hennepin County.
The City has requested an easement through Lot 1 for municipal sewer
lines extending northwestward to serve the house at -~85 Landmark
Drive. The originally proposed easement location was down the old
driveway corridor through the center of the lot. Applicant has
discussed with Public Works a re location of that easement to reduce
the impact on Lot l's building site.
Since Bayside Road is considered a scenic parkway but not an arterial
road within the Comprehensive Plan, there is no requirement that
access to Lot 2 be provided by an interior roadway system.
Zoning File #1764
September 18, 1992
Page 3
9. Regarding lake access, recall that this property was one of two lots
gaining access to Stubbs Bay via Out lot A of Bayside Landing, based on
the shoreline width. Under the new Shoreland Regulations, the
definition of lot width would be a straight line and only one of the
Bayside Landing lots would have gained riparian access. For this
reason, it is staff's recommendation that no additional lots can gain
lake access over Out lot A, but Mr. Evans should be given the choice as
to whether Lot 1 or Lot 2 is assigned the existing access rights.
Staff Recommendation
Given the unresolved issues of the creditable flood fringe area, the
location of the 929.4 as it continues through the culvert, and the question
regarding driveway location, staff would recommend tabling of this request.
Since this is a public hearing, public comments should be heard and any
additional issues found by the Planning Commission should be brought to the
attention of the applicant.
ch
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3201
A RESOLUTION GRANTING
PRELIMINARY APPROVAL OF A
TWO LOT PLAT FOR THE PROPERTY LOCATED AT
255 LANDMARK DRIVE
FILE NO. 1764
WHEREAS, Austin Evans (hereinafter "the applicant") on August 28,
1992 filed a formal subdivision application with the City of Orono
(hereinafter "the City") for approval of a 2 lot residential plat of
property legally described as Lot 1, Block 1, Bayside Landing, Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with
Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and
Planning Codes, the Orono Planning Commission held a public hearing on
September 21, 1992 and October 19, 1992, at which times all persons
desiring to be heard concerning this application were given the opportunity
to speak thereon; and
WHEREAS, at their regular meeting held on November 9, 1992,
the Orono City Council considered the subdivision application and noted the
following findings of fact:
1. The property is located within the LR-lA Single Family Lakeshore
Residential Zoning District requiring a minimum of 2 acres of
contiguous dry buildable land within each newly created lot.
2. Because the property is served with municipal sewer as part of
the Stubbs Bay Municipal Sewer Project, the applicant is
proposing to use 0.80 acres of wetland area defined as "flood
fringe" as credit towards the required 2 acre dry buildable area
requirement, as allowed in Zoning Code Section 10.55, Subd. 15
(A) (3). --
3. The property contains a total of approximately 6.45 acres. Both
the proposed residential lots meet the 2 acre area requirement as
follows:
Lot 1 = 2.06 acres dry
Lot 2 = 1.20 acres dry plus 0.92 acres creditable flood
fringe; Total= 2.12 acres
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3201
4. Both lots are served with municipal sewer. The property was
assessed one sewer unit as part of the Bayside North sub-area
within the Stubbs Bay Sewer Project. A second sewer unit wi 11
be collected as a connection charge at the time of construction
on Lot 2.
5. Proposed Lot 1 is intended to be accessed via a driveway from
Landmark Drive. Proposed Lot 2 is intended to be accessed via a
driveway directly onto Bayside Road (County Road 84). The
existing direct driveway access from Lot 1 to Bayside Road is
intended to be eliminated. No addi tiona 1 right-of-way is
required for Bayside Road.
6. The existing conservation and flowage/drainage easement over the
designated wetlands on the property will remain in effect.
7. The City will require granting of a continuous 10' bike trail
easement over the south 10' of the property adjacent to Bayside
Road, in addition to the standard park fee less the value of said
trai 1 easement.
8. Both newly created lots have been found to meet the standards of
Ordinance No. 101, 2nd Series, An Ordinance Establishing
Regulations for the Management of Shorelands within the City.
All proposed structures shall meet the required 75' setback from
the 929.4 creek elevation, said creek being considered for
setback and hardcover purposes as contiguous with Stubbs Bay.
All proposed structures shall further meet the required 26'
setback from the wetlands, the boundary of said wetlands defined
as coincident with the boundary of the existing conservation and
flowage easement, shown as a drainage easement on the underlying
plat of Bayside Landing.
-· -~.
9. Both lots have been found to meet the minimum standards of the
LR-lA Lakeshore Residential Zoning District, and a single family
residence can be constructed on each lot without the need for
variances.
10. Only Lot 1 shall be granted lakeshore access via Outlet A of
Bayside Landing. Lot 2 shall have no riparian access rights via
Outlet A.
Page 2 -of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3201
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 Austin Evans per the survey dated
8-28-92, revised 9-18-92 and 10-8-92, by Marks. Gronberg of Coffin and
Gronberg, Inc. subject to the following conditions:
1. Lot 1 shall gain access via Landmark Drive and shall remain
subject to the covenants and obligations associated with that
private road. The existing driveway access from Lot 1 onto
Bayside Road shall be regraded to the satisfaction of the City to
eliminate all future access at that location before a building
permit will be issued for Lot 1. Lot 2 shall gain access to
County Road 84 subject to submission to the City of an approved
Hennepin County driveway access permit prior to final plat
approval.
2. The under lying conservation and f lowage easment shown as
"drainage easement" on the plat of Bayside Landing shall remain
in effect over both Lots 1 and 2.
3. Lot 1 is granted lakeshore access via Outlet A of Bayside
Landing and shall be subject to the existing covenants and
restriction regarding said out lot. Lot 2 sha 11 have no lake
access via Outlet A. Applicant is advised that Outlet A may not
be used for parking of motor vehicles per the conditions of the
covenants and special lot combination documents governing said
outlet.
4. The existing building foundations on proposed Lot 1 shall be
removed within 6 months of the date of final plat approval, or
prior to issuance of a Certificate of Occupancy for a new
residence on Lot 1, whichever comes first.
5. All construction shall be within the building envelopes defined
on the preliminary plat drawing dated 8-28-92/revised 10-8-92.
6. The extent of grading and filling that will be allowed for any
residence developed on Lot 2 shall be regulated by the pertinent
requirements of Municipal Code Section 10.03, Subdivisions 19, 20
and 21.
Page 3 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3201
7. Applicant shall grant the standard drainage and utility easements
along all lot lines (10' along exterior lot lines, 5' along
interior lot lines).
8. Applicant shall grant to the City a 10' bike trail easement over
the south 10' of the property adjacent to Bayside Road, and shall
additionally pay the standard park fee less the value of said
trai 1 easement.
9. The previous one unit sewer assessment as part of the Bayside
North sub-area of the Stubbs Bay Sewer Project shall be assigned
to Lot 1. One unit connection charge as part of the Stubbs Bay
Northwest sub-area sha 11 be paid for Lot 2 at the time building
permit is issued for Lot 2, in an amount according to the City
fee schedule at that time.
FINAL PLAT SUBMITTALS
The following list of final submittals must be submitted to the Zoning
Administrator two weeks prior to the regularly scheduled Council meeting on
the second and fourth Mondays of the month:
1. RECORD PLAT drawings in the form of two (2) mylar copies and one
(1) copy reduced to 1"=200'. Drawing to include:
A. Lot lines platted per preliminary survey by Coffin and
Gronberg, Inc. dated 8-28-92/revised 10/8/92.
B. Dedication of drainage and utility easements 10' wide along
all perimeter property lines and 5' each side of internal
property lines -omit along the creek and wetlands.
c. Designation and dedication of a drainage easement over the
wet lands and drainageways within Lots 1 an_d_ 2 per the
underlying conservation and flowage easement dedicated with
the plat of Bayside Landing. The conservation and flowage
easements shall be carried on and documented in any
documents that transfer title to the property.
Page 4 of 6
2.
CITY,,
./._?···-:::::--·
RESOLUTIC ·<}~7'\-,~
I'' !\~)\:.-V < ~:~~/
LEGAL DOCUMENTS required:
A. Title opinion addre
holders or others wh.~
shall sign the plat and a_
interest.
.. · ... -;·
,.. :.,: .~; ... ,
gage
irein
such
B. The applicant must provide certit.1. _ ;ies of all recorded
easements currently affecting the prvt rty.
C. Executed bike trail easements, City to provide document.
3. FEES TO BE PAID: Total Due $200.00*
A. Legal review and filing fees of $200.00
*B. Park Commission has determined that a park fee will be
required in addition to dedication of the bike trail
easement. The City Assessor has been asked to determine the
fair market value of the undeveloped lands within the
subdivision so that a park dedication fee can be determined.
The park fee shall be adjusted to exclude the value of the
bike trail easement. Applicant will be advised as soon as
Rolf Erickson, the City Assessor, has submitted his
findings.
Adopted by the City Council of the City of Orono, Minnesota at a
meeting held this 23rd day of November, 1992.
Barbara A. Peterson, Mayor
Page 5 of 6
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Approval:
Name: Michael P. Gaffron ~
Title: Senior Planning Coordinator
Date: May 21, 1998
Item No.: //
Agenda Section:
Zoning
Item Description: #2365 Christine Valerius, 3750 Bayside Road -Sketch Plan
Zoning District: LR-lA, Single Family Lakeshore Residential, 2-acre
Application: Sketch Plan Review of proposed subdivision to create one additional
building site from this parcel containing 3.31 acres of dry buildable land plus
1.20 acres of wetland. Each of the 2 resulting lots are proposed to take
advantage of the wetland credit per Orono Municipal Zoning Code Section
10.55, Subd. 15(A)(3).
List of Exhibits
A -Memo and Exhibits of May 11, 1998
B -Plat of Bayside Landing Second Addition (1992)
C -Petition of Support Submitted By Applicant 5-18-98
Please review the memo and exhibits of May 11. Applicant was advised by staff in early April to
proceed with this proposal as a sketch plan rather than as a formal preliminary plat, given the issues
of:
1. Whether the property is considered as 'sewered' given the fact that only one unit was
assessed as part of the Stubbs Bay project, for the existing house; and
2. Whether the City's intent in sewering Stubbs Bay was to create the possibility for
wetland credits in the 2 acre zone to allow subdivision of properties which are not
subdividable without the wetland credit.
The fact that the Council is concurrently reviewing a zoning code amendment to eliminate the
wetland credit makes it difficult to advise the applicant on whether she should proceed with a formal
plat application. Staff does not wish to be in the position of having potentially usurped an applicants
rights to come in under an existing code section by our recommendation to start the process with a
sketch plan rather than a formal plat application.
The issues noted above are perhaps somewhat muddied by the fact that virtually the same type of
£
#2365 -Valerius
May 21, 1998
Page 2
request was approved for a property in this neighborhood in the same zoning district in 1992, for a
property which was only assessed a sewer unit for the existing house as part of the Stubbs Bay
project. The only difference between that application and the current application is that the current
application requires a lot width variance, although the proposed division line could be moved
eastward to make the width variance very minimal.
Planning Commission Recommendation
Planning Commission reviewed this as a sketch plan on May 18. They referred it to Council for
consideration in light of the concurrently proposed ordinance amendment. Some members expressed
concern about the width variance, noting that we attempt to avoid these where possible but do grant
them occasionally for cul-de-sac lots and in unique situations.
At the Planning Commission meeting applicant presented a petition of support signed by
neighboring property owners.
Staff Recommendation
Approval of a lot area variance is not recommended due to the precedent that would set. The
applicant's options absent such a variance include:
1. Acquiring additional dry buildable (none appears available);
2. Prevailing upon the Council to declare this to be sewered property and grant the
wetland credit and lot width variance (as requested);
3. Requesting a rezoning of the site;
4. Selling a portion of the property to an adjacent owner (lot line rearrangement).
Applicant wishes to proceed with the subdivision as proposed and on May 21 filed a formal
application for preliminary plat approval.
Council is requested to provide direction regarding whether this subdivision should proceed. City
Attorney Tom Barrett has been requested to review the legal issues surrounding the concurrent and
conflicting requests for use of/ elimination of the wetland credit. Council should address:
whether the property is considered as se~~ot, will Council allow it to be
sewered and the wetland credit grante~. V ~s~ ~) \--------whether the issue of granting wetland credits is so critical that a moratorium should
be placed on use of the credit. A moratorium would have the effect 9r-ol~cldii~ -
approval of the applicant's request if Council feels that is appropriate. { )
I ///
~ __ ,,.,,,, whether the granting of a lot width variance is
To:
From:
Date:
Chair Smith and Planning Commission Members
Ron Moorse, City Administrator
Michael P. Gaffron, Senior Planning Coordinator
May 11, 1998
Subject: #2365 Christine Valerius, 3750 Bayside Road -Sketch Plan Review
Zoning District: LR-lA, Single Family Lakeshore Residential, 2-acre
Application: Sketch Plan Review of proposed subdivision to create an additional
building site from this parcel containing 3.31 acres of dry buildable land plus
1.20 acres of wetland.
Pertinent Code Sections:
1. 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:
This code section allows the City Council to grant a credit for use of wetland toward the dry
buildable area area requirement for "residential properties served by municipal sanitary sewer". Staff
interprets this to mean properties which have been assessed for and provided with sewer. Mere
inclusion of a property in the MUSA does not necessarily mean it is "served by municipal sanitary
sewer". A large property assessed for one sewer unit is not necessarily 'served by sewer' to
accomodate a subdivision unless the City Council chooses to grant additional sewer units to that
property.
2. Section 10.23, Subd. 6B: LR-lA District Minimum Lot Requirements:
Minimum Lot Width = 200'
Minimum Lot Area= 2.0 acres
3. Section 11.03, Subd.2.24: Subdivision Code Definition of Minimum Lot Area
(Excludes 'wetlands' and 'vehicular or pedestrian easements' from inclusion as credit
toward calculated minimum lot area)
List of Exhibits
A -Application
B -Plat Map
C -Preliminary Plat (Sketch Plan ) Drawing
D -Sketch Plan with Staff Notes
E -Pertinent Code Sections
#2365 -Sketch Plan
May 11, 1998
Page2
Background
This 4.5 acre parcel was created via subdivision in 1993. The existing house was provided with
sewer as part of the 1992-93 Stubbs Bay project, but the property was assessed for only one sewer
unit. There was no intent by the City at the time sewer was provided to reach a conclusion as
whether this property was further subdividable. Only a stub to serve the existing house is shown on
the sewer As-Built plans.
The applicant had her surveyor lay out a proposed subdivision that exhibits the following lot
dimensions:
Gross Area
Wetland
Lot 1
2.23 acres
0.85 acres
Dry Buildable Area 1.38 acres
Less Veh. Easem't -0.10 acres
1.28 acres
Defined Lot Width* 185'±
Lot2
2.28 acres
0.35 acres
1.93 acres
214'±
Total
4.51 acres
1.20 acres
3.31 acres
399'±
* As measured per ordinance at the 50' front setback line
Lot 1 requires a variance for lot area and lot width.
Lot 2 requires a variance for lot area.
Lot Width Variance Analysis
The proposed width of Lot 1 is approximately 185' by definition ( as measured at the 'rear of the
required front yard', i.e. at the 50' front setback line). However, the functional width of Lot 1 as
measured perpendicular to the side lot lines is about 142'. With the required 30' side setbacks, a
house approximately 80' in width could be placed on the lot without requiring setback variances.
Lot Area Variance Analysis
Staff is aware of only two lot area variances granted by the City since 1975 in relation to new
residential subdivisions. In one case, this was the result of a City-motivated downzoning to
eliminate the Stubbs Bay Marina. The second case resulted from a 1980 agreement related to the
Minnetonka Bluffs sewer project and the potential need to condemn land for a lift station. Both
#2365 -Sketch Plan
May 11, 1998
Page 3
these area variance cases were quite unique and the Council found them to be justified. In virtually
all other residential subdivisions since 1975, the City has held strictly to the minimum lot area
requirements.
The use of the wetland credit for sewered properties has been used in only a relatively small number
of residential subdivisions since the credit came into effect in 1970. It has also been used for at least
one identifiable 'existing lot of record' (West Ferndale Road). However, the City Council has
indicated that the provision of sewer to existing residences in the LR-IA district to solve pre-existing
septic system problems, must not be construed as an intent to suddenly allow the subdivision of
otherwise unsubdividable parcels in the 2-acre zone. In fact, staff has been able to identify no such
approvals occurring since the 2-acre zones were created in 1975.
Applicant's property contains only 3 .31 acres of dry buildable land, of which 0 .10 acres is a driveway
easement serving homes at 3770-3780 Bayside and is not creditable toward minimum lot area. The
property clearly does not not contain enough creditable area to be subdivided under the LR-IA
standards, unless one of the following occurs:
1. Applicant acquires additional adjacent contiguous dry buildable land (however, there
does not appear to be excess dry buildable in any adjacent property).
2. Council agrees to grant a second sewer unit and grants the wetland credit (which
Council has indicated is not their general intent for newly-sewered 2-acre zones; note
that Council has directed that a hearing be held for a zoning amendment to eliminate
the wetland credit entirely, which is scheduled for the May 18 meeting).).
3. The Council finds there is sufficient justification to grant a lot area variance (which
is unlikely because there is nothing unique about this situation as compared to the
two cases noted earlier).
4. The property and surrounding area is rezoned for smaller lot sizes (the Council has
consistently indicated over the last 20 years that zoning of the 2-acre districts will
not be changed just because sewer is provided).
Other Subdivision Issues/Factors
The site is served by a single driveway within proposed Lot 2, which could function as a shared
driveway for both Lots. The access situation would require review and approval by Hennepin
County since Bayside Road is County Road 84. Bringing a third user to the existing easement
driveway serving 3770-3780 is also an option for consideration, but brings up the issue of the need
for improving that to a private road standard.
#2365 -Sketch Plan
May 11, 1998
Page 4
An existing shed on Lot 1 would have to be removed as a condition of subdivision approval since
it becomes an accessory structure without a principal structure.
Only Lot 2 would have lake access via Outlot B of Burger's Bayside Addition. Lot 1 would not be
allowed lake access because Outlot Bis only 122' in width. A covenant would be filed with this
subdivision indicating no lake access easement can be created in favor of Lot 1.
The subdivision would be subject to park dedication of either 8% of the land or a park fee of 8%
of the fair market value of Lot 1. If the value of Lot 1 exceeds $61,250, the park fee would be capped
at $4,900 per City ordinance.
If the City ultimately approved this proposal, a sewer connection charge of $14,665 (1998 fee
schedule) would be due at final plat approval.
Staff Recommendation
Approval of the lot area variance for this new subdivision would be inconsistent with the City's past
practice and is not recommended. There are no unique circumstances here, and no hardship making
it impossible to use the land, since the land is being used for an existing residence.
Approval of the lot width variance is a secondary issue. The City has granted lot width variances
for subdivisions where additional land is lacking but a home can be built that meets all setback
requirements. If the lot area issue could be resolved, a lot width variance might be justifiable.
One option for applicant to consider is to sell a portion of the property to an abutting owner, which
would require a Lot Line Rearrangement. This might allow applicant to retrieve some value from
the excess land while making an adjacent property more conforming to lot area standards.
Planning Commission Direction Requested
This is a sketch plan request which doesn't require formal action, but the applicant does need
direction as to whether Planning Commission will recommend the granting of a lot area variance in
order for this subdivision to occur. If not, would you recommend the alternative of a lot line
rearrangement with a neighboring property?
This item will be presented to Council on May 26 if applicant so requests, or if Planning
Commission recommends in favor of the area variance.
A
Application # c1"3, ::>
Date Received 4 /J <,e 19 7
Amount Paid :s e15o.o-iJ
--
CIT
PROPERTY LOCATION
Siteaddress 3,SV folrt 5>;orc f..o/ OR.ONO
Property Identification Number (PID) Q_y //]--:-23 -2 / ~00"2. 0
Please check one -Property X: abstract or · torrens?
ttach legal description to , pplication. --
APPLICANT
Name C Aers-h~e= /h . cJ Mf?fZLv'{. -~'-'-'-'=-'--"'---____..:;;..----'---'"-'--'--'-=.:..=;.:_=---='--------------r----
Address _3-,7--'-=SV-=------'13"--~'---l=-_:....;:;o::...::'E=--__,f2,,o'-=--'-==---------Phone (home) Lf '-!, -~ 7
City Jeof\)Q) ff\,,u Zip 5S'3TI. Phone (work) l/7J:-!2a:3 r
OWNER (if different than applicant)
Name -----------------------------Address __________________ Phone (home) ___ _
City ________________ Zip __ Phone (work) ... -,e••
( attach list if more than one)
EXISTING LAND USE
Number of Tax Parcels
Development Size
Present use ( check)
Present Zoning District
PROPOSAL
I
$ . .?/
/. 2
X
Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Residential; no. ofunits ___ _
Other (specify) ___ _
~.A-/~ .t-fil(-hf
Division for Tax Purposes
Lot Line Rearrangement Only (no new buildling sites)
X Subdivision for New Building Sites
Number of Building Sites I Existing Units
New Units -~--
'2.. Total Units
.I
~ . ,i
'!
_,,
Proposed Gross Density
Minimum Lot Size
Proposed Use (check)
Z Units per /:" Acres
--=---Sq. Ft. Dry Buildable Land (;/, 23/2 z9' t4-c
---'-X__,___ Residential
____ Other (specify) ___ _
10
MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION
, >
1. Payment of fees (refer to "application fees" listed below. • ~". ·,,. l,,.,..,..5 ~
/ Completed application form. . ~ .µ,,u;,~ Vl.(..A., v,;c ~.'
3. Preliminary plat information on Certificate of Survey. (W/vt. //;UV .---
/ 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 IU:QUIRED FOR COMPLETEFINAL 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 Application (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 $200.0Q (Np change from original application)
Renewal of Class III, Preliminary Subdivision Application·-$200.00 (No change from original application)
Renewal of Final Class III Subdivision Application $150.00 (No change from original application)
B. Special Improvement Fees:
Proposed Private Roads $600.00 + $.SO/lineal ft.; ___ lin. ft . x .50 = $ __ _
Proposed Public Roads $900.00 + $.50 /lineal ft.; ___ lin. 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
Owner's Signature
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
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CERTIFICATE OF SURVEY FOR
CHRISTINE VALERIUS
S 89°48' 35" E 176.76 I OF LOT 2, BAYSIDE SECOND
MINNESOTA
BLOCK 1, BURGERS
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Lot 2, Block 1, BURGERS BAYSIDE SECOND ADDITION
o : denotes iron marker
Bearings shown are based upon an ass umed do ,um.
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This survey intends t o show the boundaries of the ab o ve de sc r ib ed property.
and the location of an existing house, shed, and grov el driv eway there on. It
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DESIGNED ■ REVISION DATE DESCRIPTION
DRAWN
Ct£CKED --------1--------------------1
98--007
I HEREBY CERTIFY THAT THS PLAN, SPECFICA T10N, OR REPORT
WAS PREPARED BY ME OR I.HJER MY DIRECT SUPERVISION 1'iE COFFIN & GRONBERG, INC.
,ONSUL TING ENGINEERS, LAND SURVEYORS, SITE PLANNERS
482 TAMARACK AVENUE, LONG LAKE. MN. 55356
612-473-4141
THAT I AM A DUL y LICENSED PROFESSIONAL ENGNEER lHlER I A TE I
THE LAWS OF THE STATE OF t.llt,f;ESOTA. D
SC~LE
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3-25-98
JOB NO .
98-097
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PRELIMINARY PLAT
CERTIFICATE OF SURVEY FOR
CHRISTINE VALERIUS
OF LOT 2, BLOCK 1, BURGERS BAYSIDE SECOND ADDITION
HENNEPIN COUNTY, MINNESOTA
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DESIGNED I REVISION DATE
DRAWN
I EGAL DESCRIPTION OF PREMISES :
Lo t 2, Block 1, BURGERS BAYSIDE SECOND ADD ITI ON
o : denotes iron marker
Bearings shown ore based up on an assumed datum.
This survey intends to show the boundaries of the abo v e described property,
and the location of an existing house, shed, and gravel driveway thereon. It
does not purport to show an y other improvements or encroachments.
/PTA /. A,,(£A.:: ,,f,5 / f Ar',l~f
DESCRIPTION
COFFIN & GRONBERG, INC.
Ct£CKED 1---+-----+-------------------1
ONSUL TING ENGINEERS, LAND SURVEYORS, SITE PLANNERS
482 TAMARACK A VENUE, LONG LAKE, t.N. 55356
6124734141
N-<>97
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I HEREBY CERTIFY THAT THIS PLAN, SPECFICA TI0N. OR REPORT
WAS PREPARED BY ME OR lHlER MY DIRECT SUPERVISION !NJ
SC~LE_
1"-p,(
THAT I AM A DUL y LICENSED PROFESSIONAL ENGt£ER lNlER I I
THE LAWS OF THE STATE OF ~SOTA. DATE
~.../.
DATE J-u-u t,t,j LICENSE NlM:IER ~
3-25-98
JOB NO.
98-097
\t1
§ 10.55
A. Minimum Lot Area Requirements. The minimum lot
area requirements of this Chapter shall be interpreted to mean that
all of the required land area for each building site shall be in
one contiguous parcel undivided by Floodway or Flood Fringe and no ·
land within the protected area shall be included in determination
of minimum lot area, except as specifically provided for herein:
1. For properties not served by municipal
· sanitary sewer, the minimum lot area may be divided by Flood Fringe
lands provided at least 2.0 acres of land not within the protected
area is included in one contiguous .parc~l and legal access is
available to that building site without encroachment on the
·protected area.
2. For properties served by municipal sanitary
sewer, the minimum lot area may be divided by Flood Fringe lands
provided at least one half acre of land not within the protected
area is included in one contiguous parcel and both municipal sewer
and legal access is available to that building site without
encroachment on the protected area.
3. For residential properties served by
municipal sanitary sewer, a limited density credit may be . allowed
for inclusion of Flood Fringe lands as part of the required minimum
lot area for purposes of complying with the land use density, open
space, building unit to land area ratios or other similar
requirements of the land development and zoning provisions. The
owner or developei of such property will be credited with an amount
of his land within the Flood Fringe equal to, but not exceeding,
the amount of his adjacent land which otherwise qualified for
development under this Chapter. Such credit shall be conditioned
upon dedication of perpetual open space and flow age easements to
the City over all protected areas so utilized for density credit.
Subd. 16. Special ,\ssessrnents. The land area in the
Flood Plain and Wetlands Conservation Area which is not to be
developed and is not used for credit as in Subparagraph A, Item 3
of Subdivision 15, and which is dedicated as an easement shall not
be subject to special assessments to defray the cost of other
municipal improvement projects, including but not limited to trunk
sanitary sewer and water mains and storm sewer improvements.
Subd. 17. Nuisance. Any filling, alteration,
construction or artificial obstruction of the Flood Plain and
Wetlands Conservation Area is declared to be and to constitute a
public nuisance unless a permit to construct and maintain the
obstruction has been obtained in the mqnner provided herein.
A. Removal of Artificial Obstruction. If an
artificial obstruction is found after investigation by the City, an
order shall be issued to the owner, following ten days written
notice and hearing thereon, for removal within a reasonable time as
ORONO CC 371 ( 4-1-84)
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§ 10._23
Subd. 2. Hard Cover, and Tree
Removal Regulations.
Lakeshore Set Back,
(See Section 10. 22) .
. Subd. 3. Permitted Uses. Within the "LR-lA" One Family
L~keshore Residential District, no land or structures shall be used
except for one or more of the following uses:
A. Any permitted use as regulated 1n the "R-lA"
District.
Subd. 4. Conditional Uses. Within any "LR-lA" One
Family Lake shore Residential District, no -structure or land shall
be used for the following uses except by conditional use permit:
A. Any conditional use as regulated in the "R-lA"
District.
Subd. 5. Accessory Uses. Within any "LR-lA" One Family
Lakeshore Residential District, the following uses shall be a
permitted accessory use:
A. A _1y accessory use as regulated in the "R-lA"
District and 'private docks' subject to the City Code and other
applicable regulations, including boat storage density regulations.
Subd. 6. Area, Height, Lot Wi6th and Yard Requirements.
A.
2-1/2 stories or
Section 10.75.
Height.
thirty
No structure or building shall exceed
feet in height except as provided in
B. Lots. The following minimum requirements shall
be observed:
Lot
Area
2 acres
Lot
Width
200 feet
Front
Yard
safeet
Side
Yard
~eet
Side Yard
Adjacent to
Street
50 feet
Rear
Yard
safeet
SEC.·l0.24. LR-lB ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT.
Subd. 1. Purpose. The "LR-1B" One Family Lakeshore
Residential District is intended to provide a district which will
allow a combination of medium density residential developments and
limited agricultural activity. Planned residential developments
may be allowed by conditional use permits. The proposed land use
may not endanger the quality of storm water runoff into Lake
~innetonka or Long Lake. Because of the location of the district
near Lake Minnetonka or Long Lake, special regulations are
necessary to protect these natural resources from the effects of
dense development. This district shall have immediate access to
highways and public sanitary sewer~
ORONO CC 284 (4-1-84)
--
1 ··
'
21. "Improvements, Private" -Any
required b y this Chapter, which improvement the City
shall construct at subdivider's expense and for which
not assume any responsibility for its maintenance and
which shall not be dedicated to the City.
§ 11.03
improvement,
or subdivider
the City will
operation and
22. "Improvements, Public" -Any improvement,
required by this Chapter, which improvement the City or subdivider
shalt construct at subdivider's expense and for which the City will
ultimately assume the responsibility for its maintenance and opera-
tion upon issuance of the certificate of satisfactory completion.
23. "Lot" -A tract, plot or portion of a
subdivision or other parcel of land intended as a unit for the
purpose, whether immediate or future, or transfer of ownership or
for building development. Every platted lot shall be a buildable
lot or an outlot .
24 . "Lot Area, Minimum" -Each lot shall contain the
minimum area required for each proposed lot as prescribed in the
Zoning Chapter of the City Code. In rural zones not served by
sanitary sewer, each lot must contain a minimum of two acres of:.
contiguous dry buildable land exclusive of wetlands, public and
private rights-of-way, vehicular or pedestrian easements, surface
areas below the ordinary high water mark of any surf ace water or
areas at or below the flood plain elevation for a specific
property . All rural lots must compl y with the City's on-site
septic system provisions of the City Code. In urban areas served
by sanitary sewer, each lot must contain contiguous dry bu ildabl~
land equal to the minimum areas as prescribed in the Zoning Chapter
of the City Code or half-acre, whichever is less, (exclusive -of
public and private rights-of-way, ... vehicular or pedest1:j .an . ease-
ments, surface areas below the ordinary high water mar k of any
surface water wetlands or areas at or below the flood plain eleva~
t1on for a specific property) and ha v e legal access to the building
site without encroachment of a wetland or flood plain area.
25 . "Lot, Buildable" -A lot or combination of lots
or outlots which meet all of the requirements of the Zoning Chapter
of the City Code and this Chapter for the intended purpose.
26. "Lot, Outlot" -A lot which is intended only for
public or private roadways, open space or other use, wh ich use must
be· restricted by the appropriate easement and which use must be
approved by the City at the time of final plat approval. The use
of the outlot will thereafter be . restricted by the appropriate
restrictive covenant or open space easement .
27. "Lot, Corner" -A
intersection of two (2) streets, the
intersection not exceeding 135 degrees.
ORONO CC 419
lot situated at
interior angle of
the
such
(4-1-8 4 )
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May 18, 1998
City of Orono
Enclosed you will find a signed petition from all of the neighbors that would be affected
by a subdivision of our property giving us support in our endeavors. Only one person on
the list of properties within 350' feet did not sign. The person who did not wish to sign is
not an owner of an abutting property, they simply were not happy with the variances you
granted to other new homes in the area. The two newest homes that both abut our
property do not have two acre lots, they also do not have 200' ft width. You will find that
this subdivision would be consistent with the other properties in the area-actually our lots
each would be bigger than both of the lots of the two new homes.
Thank You
Christine & Gary Valerius
This letter is regarding the property we own at 3750 Bayside Rd.
We purchased this property in 1992 with the intent of subdividing
after the sewer was put in. At the time of purchase, we spoke with
Jean at the city and were told we had to wait until the sewer was in.
We have hired a surveyor and have divided the property in a
manner consistent with other properties in the area. We are asking
for your support in our ~ubdivision. Thank You
Nam~ f ;/ t,=1c 1~~ignature , .
I. /l:'--'-'L-;J JZJ 3 7 t d be;~£{ ~cl
2. to I{ ._____.,.__.... ~ 31,0 84-tf;.·t'~·.
M 1v · J.. <;"S-t cui d 1 ,'14'fC1'-Dr 1 .}.,(. • 3 . I I /.f llt/.., ~A \b-:1 <
4. /r T Gdcl .'.5D La=! VJAa..vf<_.. ~iv€_,
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6. {j M~· Q ~aiR_, 3. 7 7 5 (3 ~ r cf_e_, /x.cR
7. 'D ' .O~ y , ~ {· S-7 ~ ~iv-\) V';~
8.
9.
10.
11.
12.
13.
14.
15.
Thank you for your support
Christine & Gary Valerius
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
DATA PRIVACY ADVISORY
Mailing Address:
P.O . Box 66
Crystal Bay, MN 55323-0066
In ai:cordance vvilh M.S. 13.04, Subd. 2, "Rights of subj eels of data", we would like to inform
you that your request for a permit or license from the City of Orono or any . L1f its departments may
require you to furnish certain private or confidential information.
You are notified that:
1.
2.
3.
4.
5.
6.
The information you furnish will be used to determine your qualification for lhc
permit or license requested.
You may refuse to supply data, but refusal may require thal the City deny the permit
or license.
The information may be shared with other locai, state or federal agencies to the ~ '-(:;£1.;;,; 't
extent necessary to process the permit or license. .:0 ~":~.-,
If your requested permit or license requires Council action to approve, somr l~
information may become public. \&, (l
You have certain rights under M.S. 13.04 (see following page) to review private dat~\ ..:lJ
on yourself. \ ~-¢Jf
Your full name is required to process this application or permit.
'
c_he1s+itvL MAu1L JA1-eg w s
First Middle Last
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Address
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City / State Zip
I understand my rights as stated above .
. ea~
Signature
Telephone (612) 47'3-7357 • FAX 473-0510
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CERTIFICATE OF SURVEY FOR
CHRISTINE VALERIUS
OF LOT 2, BLOCK 1, BURGERS BAYSIDE SECOND ADDITION
HENNEPIN COUNTY, MINNESOTA
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I EGAL DESCRIPTION OF PREMISES :
. Lot 2, Block 1, BURGERS BAYSIDE SECOND ADDITION ----·--·-
o : denotes iron marker
Date:
To:
Fax:
Re:
Sender:
Ciry of Orono
2750 Kelley Parkway
P.O. Box66
Crystal Bay, MN 55323
(612) 473-7357
Fax: (612) 473-0510
FAX TRANSMISSION COVER SHEET
YOU SHOULD RECEIVE _____ PAGE(S), INCLUDING THIS
COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES,
PLEASE CALL 473-7357.
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PRELIMINARY PLAT
CERTIFICATE OF SURVEY FOR
CHRISTINE VALERIUS
s a9°4a• 35" E 176.76 I OF LOT 2, BLOCK 1, BURGERS BAYSIDE SECOND
HENNEPIN COUNTY, MINNESOTA
ADDITION
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LEGAL DESCRIPTION OF PREMISES :
Lot 2, Block 1, BURGERS BAYSIDE SECOND ADDITION
o : denotes iron marker
Bearings shown ore based upon on assumed datum.
35
This survey intends to show the boundaries of the above described property,
and the location of on existing house, shed, and grovel driveway thereon. It
does not purport to show any other improvements or encroachments.
7'7TAt A,,tEA::; -1.5/ .! AC.l~J"
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DESIGNED ■ REVISION DATE DESCRIPTION I HEREBY CERTIFY THAT THIS PLAN, SPECFICA TION, OR REPORT
WAS PREPARED BY ME OR lHlER MY DIRECT SUPERVISION ~
DRAWN
COFFIN & GRONBERG, INC.
I :oNSUL TING ENGINEERS, LANO SURVEYORS, SITE PLANNERS
THAT I AM A DULY LICENSED PROFESSIONAL ENGNEER UNDER t--,D,,..,..,T"'E:---11
THE LAWS OF THE ST ATE Of' Ml~ESOTA. A
SC~LE_
1"-~
CHECKED1---1------JI-----------------,
482 TAMARACK AVENUE, LONG LAKE, t.4N. 55356
612-473-4141
D&--007
-~.J.
D.UE J•/.r-u MN LICENSE NUMBER /.? 7S'S
3-25-98
JOB NO.
98-097