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CITY OF ORONO, MINNESOTA 1 ��5�i14 La seJApDlication 507S_5.3.36 L(u-ATION OF PROPObYAL (or pro ) " Addr^_ss `T y "L 'PE OF APPLICATION Sketch Plan Review $50 Subdivison $150 + $10/Lot I Conditional Use Permit Legal Description /•urn :'/'} t /;cJ, )� ��� �' �c►`='��; L $30.00� APPLICANT !Jame_ yi ��1., � r.� - yr��') �%. 00 Mailing .1% C 1 ' (Rezoning $250 Address e12'16 4 j /61A`'1 �'` �. �'`�� � ``�� ` �/''� ,'�/�� Vacation $100 (Minimum) OWNER Name �" i��'t Tel # FEE - Mailing Date Rec'd_ Address By — Present Zoninq Present Use Zoning Ordinance Section Relating to Request Specify Ordinance Requirements t AA Y I K -- Explain your request and reasons for same ��� '•" �'�l'�-- 1,16 , .3 10 VARIANCE required - extent of nonconformity Lot Area c. Setback Front Side A—' Rear V Width rlther, explain Specify hardships to property SUBDIVISION application Residential Other, explain No. of Lots CONDITIONAL USE AND OTHER - explain proposed use of property in detail MINIMUM %iATERIAL NECESSARY FOR COMPLETE APPLICATION (Must be submitted 10 days prior to Planning Commission meeting) Application completed Plat map section . Certificate of survey cat property sketch location and setbacks of pl c-rx)sa 1 4. co,7struction plans, if applicable Certified Property Owner' list of owners within (300') (150') - i ram. Hennepin Co. Dept. of Finance A-603 Government Center Staiaped, legal sized envelopes (*10 pre -addressed to each of the names on the above list. DATE &i) l� `- Applicant's Signatur, _ 7 --- - DATE Owner's Signature L 4 � _ ____ __.._ _. g Applicant hereby �Jgrev. to provide all i4format' requir rEque,ted by the Zoning Administrator, City Engineer, City A torne�.-, P1, i.ing Commission and Council necessary to process this application and. fur`_ its,r agreva ' to pay all fees as established by ordinance. 5/78 5. 6. PROPERTY OWNERS LIST ^1►RTMIL" 7 OF FINANCE - - 1 CERTIFY THAT THE FACTS REPRESENTED ON THIS A-603 GOVERNMENT CENTER CERTIFICATE ARE AN ACCURATE AND TRUE REPRE- SENTATION Of INFORMATION AS IT APPEARS THIS MINNEAPOLIS, MN 55487 DATE ON THE RECORDS Of THE HENNEPIN COUNTY LIST SIZE 30a/ FEE OWNER t N ELSO A/ IN-CLN7 - A— LARWN --- J AM E S K. /M e-C Lf A?- y _ MA16EL AM Ross "U Y_ K USI t SCNLwT?_- _"S'THEX /H . ADIDIUN tb1tl ( J . M E N i.R - - Vlft1C I N i N L,ARSWV _ I. FINAFCE DIVISION, TO THE BEST OF MY KNOWLEDGE AND BELIEF HENNEPIN CO FINANCE DIVISIONBy U4 TAX PAYER/i PROPERTY ADDRESS ID MAILING ADDRESS 'I - I» ie-23 /3 L . Sr. rzeN Ld IV �tNN t S IVI c Cc I? t-- k V Y --- w 'PE-fuL C MEver-z- iiiiF- - --- w E R,SIEVLNJ I MAA F ftb -j - UJAL-TLV- -SAAA 3 40 -z 5 4 C. C, C- D A IF-' —.—,MINNt.TONK,4 LAK.L -A t. I..A A 5 4 (S LA K-t�� c !;Ol HEIALO(A ldw"Vc Wltl IV (�v 11 1 r !Cl% P19 LY AVk- 145 qi L-.4N k. C L AK.L AXZ T NCES /%A IDA u, buLLI,�i tj AV- 1? lEL E 401 L..,A.K L 3 35 3(o go ,31 37 49 37 .35 33 52 3` HC 123? PROPERTY OWNERS LIST APARTMENT OF FINANCE --- I CERTIFY THAT THE FACTS REPRESENTED ON THIS A-603 GOVERNMENT CENTER CERTIFICATE ARE AN ACCURATE AND TRUE REPRE- SENTATION Of INFORMATION AS IT APPEARS THIS MINNEAPOLIS, MN 55497 DATE ON THE RECORDS OF THE HENNEPIN COUNTY FINANCE DIVISION. TO THE 8E37 OF NY KMOMLEDGE AND BELIEF 14ENNEPIN CO FINANCE DIVISION LIST SIZE DATE _ my - FEE OWNER TAX PAYER / PROPERTY ADDRESS I D MAILING ADDRESS IV1l.LIAM _4.-_SVLL,I AA1 STA1E 0f Ai INN H A" N G H AL, DER. 50,E -,I AME S �_ ^T2 N Cla- `LS CREW I view Je � IONK/k AL(; I A4V- AVC s :-J ryhv— 5`, /u -31fv -TO N I(,t A VL- - 4 Lam- L NN C_ CHARCsDw_--- ` ° - 5!5 V-L 3! _41 41 4z ZZ d�„r2w LB �...� -330 1G9!IS JG91 S 3 iei `,� -' ram. f o• o 0 2E t4 3 t,,p ` I gyp. -- W - —•--�- > _. w 1,S> r—� sk ` i3 —4 .4 O�a sib C. qp So •• ° a ��� a '� . • > . of -s ••c v2y� =;� j - e 3•o39 Cd6� 3 319 �E 'C • 7 . 'T 2 s�� ;� � 1. f,n� ewe • y QvC 13 EA--AKE 5T i1 ip 9 f I '- F ti- to Or � Q� I 42 S yC 2Np 1 A 0 p d- - `9 p ^1 Q e�rsiee �t� mrmr. of 4d ri AV,& A—Ji.r♦Y pl, 6- 5,roofs P—w .od r/.l fr ♦.....r., �s ..r M. .w A— A( , a o 4 — .. A4. ram+ Malt e& sffr 0 r sofiv W R Wf'/N trMalwfivs a LAW SuftvfrOt LONG LAKE. &tWMSon bat rwo—i`_ i��i �ir bob of s go n�� air �M of � tBttt� Btu to • SWOON 00 ttAuwit. r'! 4,iad or o 1 t. dew.. a so.w..ww L� 41 - " ILt So SOM I.�i...ur me so .w ig , L�r�'Li��r""f+ r"'•41 to �oA Now Me ft a it or •�� �rlttBAg�B titter thb man • OWN to as sot at U& 4wr. �r Lyn+... am 1A�r • !r �nnowas tt#b tb b�u at an tlg ommew "No at rtt��j MUW low torShe S along sou DLLs dLIAd bhhx lhAe M qrm wn[da at 10010ow dbe be al. ou is asnrr•r Ydiviefte r[w M. noww"n comm. Blaarbe, em oodift to us SIM tthgtwf eh Hie or of resaad L tun I"sm ad up Ong as*~ (tW%Wls rWatw of bads) An W ter low" vunr. Lee Crwilu 1. rtren aw /lour$& A. Get,.. ataber add Otte, preprtatere, und Jana L ideClsory, elmos, rantru t' parvde6 r of UNfsUarlog.dowrlid trnparb sttunt" IS as Nato of llaunfota area too C.omy b of heeeapgd, oat, Boor 7. •mm"Ids Arnim, r Logo Nome4tbe•, aoandleg to the rupee plot unroof. knw aaaead tar for to r serve"" sad pLatt" as 16111111 IN CN , and do Welp drat. w dodisto to W public far Public Ore ferwer MO rood. W tau dralaawe a» valuty medesdto no obey as this put. Is tAtuneo wharm.' acid Jame 9. mocianrl, slaw Lo, bno bar onto ash his bane and owl this dal of _ 1N_; Mid Mdfoet Sudaral bariega bad War lo.elatlor+ of tamerSWUM. • Solted gtstw sor7eratlea, boo salad trfo preoeets to s stgtrd y !4 areprr efttaare, aid l4 srrrpe.ets art tto to horuunta atftrd ulo day of lw_: Old Orvtlls A. Neirer. ,ad plods A. So "me, bsbaof sad rife, berg rnr�.nrc not their hands d arlo halo gay of 19! and rid pint Sa•.toeel bad of myna. a rttoael Orrda. aeaaelatlar., ro sense tams iseowrts to d slgaad ba its proosr afflore, aid its wrinreto am. to be rrounte a"Is" tale dy of Iw 1gWT NATION" W[ Ol eAliatA OOR, ►IMMtRDTA TRls plat et AAISIM WACM me •ppr•+.ed and se.eptdd B La :t!y C/une11 of Drove. M:Naewta, a•. a rvralar unetlag thereof bole this _ - guy 'f Cm 4gigtC2: M oKfeO, IC SlowfA dNrietn for PIDA?T TdLTIOb .A*ARVVM. %ww;lr. Co.ety, rtimemote I LWGW fortify test tben are sr dollepmat toata for ell leers prior to for land desvribe er this out. 38 has _ day of vt_ tferrr.r Nyp, :Araetor y -- — — Tax -lark • SOWD 21715100, beeapls county. rtimrou ►w~t to Chapter OV , NLmomm :am of 19A9, tau plot has beer. approved this _ day of __• 19g_ �\ Robert .. der. Samspdn omty Sit—s-sr .-.M y Janes L. arcleary, I_ Mato of pineeaole, Oreille L. SainnCj§w'jL -- rov ty of 110000D!s' R !onr• i toast was resee.l- ploosir A, dsSrar M1IrgST r•3LuAr SusIW.S af5 :L)Ar Lt IATIOM C► r:1MR)LIS Ai _- and o! Kldwet hdsrs: SMV1 go W Lana Adree lot[oa o! rineepolls, a ualted Stator r10 an, b,+oEan�: and MIS?MP .1 TITLZ' Nasaeair County, etieewta I how` certify tint the rtthin plat o! MrSlm ![ACM use filed in Nis office two __ dy - _ 118_ at o•elock A. Dho Carlene, Registrar of Mier by -t'Irrt At.:' A ih, Naarnptr County, kterrs- : horetiy Certify Lot the within. plat of RAISID[ tgACP was filed for rote rd Jr. Leo offles this say of at C'Cloek _— A. Or "arlow, Cota:ty Sacerder IV J aptrt adgad kKon r tr!r .�a� :y6o. kp Jars [. MrClaary ■legla . burl ►�l.ir, Ysrreple: y, •, •• • - r.. q •^Julio'" as�tret ��..,..... 5 hats o! Ili reewL County of IYreepin � fereaalq L t w a�mo.l- aAged r!nn r a1.■ aq o. 19g//. !i/ '4vlllr _ Le 41nn and pools A. 41 veto, bury L•, Younapin Lount► rj e000ltaloe osirea �. ,. � � �• Stets of ►lrrnwla; County of darspls) Tin !erv,.r in. Sastrs.rt we of odgod tofOT a► tl:!a � r: 6rr7 M�lr. i&iaaple h, 11. Iltg�rwM N monlealen eepirea !lets of t►Sasseta County of reorpin. Tho foregoing Instrument ms arwc.l- odgad batsre r tells _ bay of :9g—,1w ano of /fret National bank of .ysat., a rttonal basting pwrlotios, on ENO:' of the aseor is t Son. Salary N.bltr, Annneple Comy, MSnna�:.0 bat► r00loslor aartres I here` so. Ily that : have surveyed and Patted ter prepary deecribad os this plat as baTSID[ OWN . tint tots put is s wrwet wpnsrtattos o: Old sersy; that all dLleeroo are correctly obotr iD feet and hand odtas of a foot; Lot a,I �to hew be" correctly plosaaf in the C"wo as awwo. that the outside boundaries are rreoty ma[gpsted. and us: Lan an no vat loswe to us drWL _ i_ »� forioa A. C.ff!o Nlnn. tretlon Me. State of Mom ant& County of Norapls) babe sr..yor's esrtifl mw me sub - sari Dad and affirmed r,r tefore r, a notary pr1[a VIane for rid county and s4tf, Nis4/day o/!� , 19lp h�iNiarra/x t.a"�e►/ lb" Pe -- - Bspga COMWI Bi ft IV want-l- mosm" aft Nun wk BAYSIOE CAL V" B EA CH *kgoow A CO+/ re r...aw •. ad* b....A .MI . Aft amino* " a ,..gp#.. ft. 1 j i Awe Awd ..- Abs do �� .r.. � r ... •w• •. r� «ter• w i 1 ., r•.r r .. Jr. � • BAYS/DE BEACH SCALE tov rrr r A— Wi.opj GORDON R. CorclN 0 4.40vo SURIlroqs Af LONG ICOUNTY AoAo 09 41 A4 GIL sail, zoor vo cown,or obt., AwA— f, Am --k 46 to I -\7j� q, V, e .W RIEDEj" COMPANY to Numbe 104 203 s7tie65 BAY� ADD ®r. BY 2V4 9AWCT .0 c% I At- wq _..,o,_ C fir, Oil MAP sloloWlKIC9 S-01"WISS SAY MAROVA fAoPep-ry 9-2 To L12-IA Li ItEe-fit/lA.16 MA(LED NOTI < L OF He4JQ WG o I- ?-v TO .t GATE �-" TIME � Whil"you,Wer.e Gu t M d- /—,to JPX OF PHONE TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTED TO SEE YOU RUSH M E SSA G E, --.i- - i 41 OPERATOR I IN111 11timAhIn"'Pristting, & (01MVo Cosollwo 6956 BROOKLYN BLVD.—BROOKLYN CENTER, MN. 55429 TELEPHONE I612? 561 -4470 Established 1954 ... .. ..... Couniy Z PIZ- ICY coo Its 3. 06 lop, 06, :40: \ \ �o /� East ; .70 A� VER 4 Loke 5treel 1 ` I ♦ �r1 . \ mop, C-O"02f I -: n y 2 a I NL - c o s! L a,( t S beef 00, k• BA YSlDE BEA Ch, 0- GORDON R COFFIN !•.G %f " a ,evp LuNLlVEINS t in f• Alt r ♦%fSO►I 7 .. _. per`„ y., ��, •� 1 � a_ \ E El sort v ` t ► C. %C, r •, r F 1 t IY I• KNOW A.aw IY= :THESE PRESENTS, That the undersigned, MIDWEST FEDERAL SAVINGS �ND LOAN AS60dtAT16N OV' MINNEAPOLIS, a corporation organized under the lows of the United , States of America, havinp'its principal place of business in the City of Minneapolis, State of Minnesota, owner of the mortgage hereinafter described, for a valuable consideration, receipt whereof is hereby acknowledged, does forever discharge and release the tract_ of land lying and being in the County of Hermegin , State of Minnesota, described as follows, to -wit: That part of Lot 22, Auditor's Subdivision Number 203, and thAt part of .:escr i bed as t - .. .1 Bence East alcuig the Nor t3 of�=.i;�id the .Notit s .otiriter.fhereof ; thence South al:.re th' ::a.! rnt 23 and its'-efctansion to the 'Northeast corner of said Lot 22; thence deflecting to the right 48 degrees and 30 minutes to the shore of Stubbs Bay, Lake tlinnetonka; thence Northwesterly along said shore to its intersection with the extension South of the West line of said Lot 23; thence North along the West line of said Lot 23 and its extension to the point of beginning except said Lot 23, according to the recorded plat thereof. `•�:'�1��':: is �t,. .. � •-6:i�•.' t F.'�L.•.. from c'i claims and liens of and under thet certain mortgage dated the_ day of April , 19 74 , executed by James K . McCleary MI OF MINNEAPOLIS as mortgagor_ to ... !71� FEDERAL SAVINGS AND. LOANASSOCIATION/as mortgagee, filed for record in the office of the Regist rwr of Ti ti pn in and for said County on the 24th day of- April 1q '4, as Document No 1105116 from cSi claims and liens of and under thct certain mortgape dated the_.. __.. '' day of April , 19 74 , executed by James K. McCleary. MII)GJEST,� , OF MIMQFFAPOLIS as mortgagor_ to J41{IO191> QI C•FEDERAL SAVINGS AND. LOANA�MOCIATION/as mortgagee, filed for record in the office of the RFgist ►,ar• of Ti tl PS In and for said County on the 24th day of- April 74 1105116 _� 19 , as Document No , and t,,�o�n},page 504558 covering the above described and other land. IN TESTIMONY WHEREOF, said MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MINNEAPOLIS has caused 0me esents to be executed In its corporate name by its Assistant V!ci p•�s!:..•. C_a .t:_ �e,M••� Secrete ry, and its corporate seal to be herecnto affixed this 15-h dAj►�QF`,, III Presence r.,.. 11 r I+w. 11 661—Imp. MID_ %r15T FEDERAL SAVINGS AND LOAD! ASSOCIATION OF MINNEAPOLIS By-- �—�• Ih1 _ sswan; V,;g _Presidem 1 I J Secretary /TE OF MI►dNESOTA /COUNTY OF HENNEPIN is On 6-is— 15th _day of_ _ I)ecr niter 19 "�_, before me, a Notary Pubiic within and for said County, personally appeared_— ---- — and--_-__— "rK c^!Ut19 , to me personally known, who, being each by me duly d., sworn, did say that they are respectively the- r,ssc°_ President and the Secretary of the MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MINNEAPOLIS, and agi;;sd !n said instrument is the corporate seal of said corporation, onr� that said instrumen• was signed and sealed in1 behalf of said corporation by authority of its E. ord o,' Directors, and said R ). LOKHOaS —and JACK C0 I IPi4 nckno �edQed said instrument to be the free act and deed of said corporation. THIS INSTRUTAENT WAS JRAFTFO 3Y MIDWEST FEDERAL SM: Y^,S ;,1J) LOAN ASSOCIATION Or 11:':cic: •ROL'S, i — 801 Notary Public C� ��'n' MINNEAPOLIS. lAiNNC•..1 fr: 5��U2 rY ic—_- ` I}i1t1i'�M� �tANAEri1z� My CommIsslon eepir ov—% ,i!Ki' NNEp1N Cl),Nl9i<S, y Nt Cumwu�a (�P„e� `h fn+� Mitt^,N�r'r•�n'�~~"r'�ti-r.v�^�^ N C C •> a 40. N G o a N �) a cu C C j � d .�i C f i V a A RESOLu'PION APPROVING THE PLAT OF BAYSIDE BEACH WHEREAS, the City of OrorLk, :_ a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat by JE_n�s McCleary hereinafter referred to as the subdivider; and WHEREAS, on Jun~ 1980, the City of Orono together with the subdivider entered into an agreement in which one of the agreed upon conditions granted the following variances to the standards of the LR-lA zoning district, such variances are valid through June 27, 1990: 1) Lot Area: The LR-lA zoning district requires 2 acres or 87,120 sf of area; the subdivider was granted an average minimum lot size of S acre or or 21,780 sf. 2) Lot Width: The 1,21-1A zoning district requires a minimum of 200 feet of width; the subdivider was granted a minimum lot width of 75 feet. 3) Street Setback: The LR-lA zoning district requires a 50 foot setback for all structures; the subdivider was granted a 20 foot street setback. 4) Sideyard Setback: The LR-lA zoning district requires a 30 foot setback for all principal structures; the subdivider was granted a 10 foot sideyard setback; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1) Dedication on the plat of drainage and utility easements. 2) Dedication on the plat of right of way for a public road shown as County Read No. 84. 3) Dedication to the City of an open space easement over Outlot A, a substandard lot located in the LR-lA zoning district to be combined with a buildable parcel of land within 2,000 feet, said easement limits the use of the riparian outlot to she construction of one single family residential deck only if a residence exists on the buildable lot described above. Page 2 4) The creation of a shared commons area shown on the plat as Outlot B, said outlot will contain the follOW4 ng improvements: a) A separate sand/mound berm for the treat- ment of each of the three residences' graywater; toilet wastes from each of the residences shall be collected in holding tanks located on individual lots 1, 2 and 3, Block 1. b) A private driveway will be constructed to serve all three residences; a single, new curb cut will be created on Eastlake Street. 5) Concurrent with the creation of this shared rnmmons area, the subdivider has created a non exzlusive private sewage treatment system ease- ment over and across Outlot B for the mutual benefit of Lots 1, 2 and 3, Block 1 including a declaration of certain maintenance covenants wherein each of the benefiting lot owners covenants a.d agrees to permanently maintain and pay the cost or maintenance for said private sewage treatment system. 6) Payment to the City for legal review and filing fees of $50.00. NOW, THEREFORE BE IT RESOLVED that the City Council of the Cit of Orono hereby approves the plat of BAYSIDE BEACH, Hennepin County, Minnesota; subject to the following conditions: 1) The well/hand pump located on the above described property must be filled and sealed prior to the issuance of the first building permit. 2) The existing access to County Road 84 must be removed and ground cover restored at the time of the construction of the shared driveway located in Outlot B. 3) If at any time in the future, any one of the individual sewage disposal systems on Outlot B fails to meet the required standards of the Orono on site septic code, the City will require the immediate replacement and installation of an appropriate sized holding tank. i Oage 3 4) The minimum floor level of any building on this property shall be 932.5 feet MSL as required by the Flood Plain Management Ordinance and the State Building Code. All proposed structures and additional improvements must meet the 75' setback from the lakeshore. 5) The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office together with a certified original copy of this Resolution and executed copies of the additional documents noted above. Adopted by the Cite Council of the City of Orono, Minnesota this day of , 1981. William B. Van Nest, Mayor ATTEST: Alberta M. Strom, 7 ❑ CASH F UND -- REMARKS [:]CHECK AXCT CITI'of ORONO ORONO. MINNESOTA P O CRYSTAL BAY. MINN. 55323 0��9 v s i0cr MARS • Pow T0: Aran 1'. Olson, Village PPar►tett_--P < - _'3 9 FROM: Michael P. Ga „ton, Septic System Inspector DATE: December 24, t979 S08JECT: Soil Bozinq.s - St„tH Bay Matina Property Five soil borings tee'ce made on the ,MaAina ptopetty :-n Decembet 21, 1979. These were dtilted with a 10-12" conti►luou.s n'figh.t aaget and were d-iffed to depths o6 36-42". Borings trere made mainly en the highct gAound along East Lake S.tteet. Locations o6 existing wells weAe noted as well as depth to watet table (see attached drawing). The boil type bound teas mainly black Loam 6aitll! uni6erm 610m the 6ut6aee to the bottom o6 the bonings, atthouc,h a 6" sand tayen was bound about 20" down in Boning B-4. R'ateA table deptha averaged about 30" below the 6uAjaee in bonings 1-4 and about 15" in boAina 5 in the marshy aAca on the nertheast side ol the ptopeAty. No motttiny was ebsC-rued, but mottling is taAe in this type o6 da•tk loam since it is sat;►.tated to neat the su46ace much o6 the .tune and has a high o"ga►lic co►atent. Mottting Witt not show up except possif-£c, i11 the c.nair tram ateas befew the depth observed. We could expect a peAcolation late 06 ,tvm 30 to 90 minutes pet 61ch in the upper tayets e6 this soft which would be acce;,tabte bon a standard op-, mound system ::ndeA notmat conditions. Ho:veve.t, .the craters table depth i6 sea.sonabty 1 to 2 beet Eelow the sut6ace (mote likely in the spring) which would not quati6y the site bon a mound system 6ottowing the standa.ads set in cut code. A mound system would be much more acceptable than the standard sy_stemA cuAtentfy in use on the nearby East Lake p4ope4tie6. Note that the "existing" dtai.ntiiefd on the ,lklaAina site was appaAc►htty encountered in boAing B-3 at a depth or abeu.t 24-30" op, Just in the obberved water table. This drain6ietd :could not be attoteabte 6oA use in the 6utu4e. Pant IiI, Section 2.2h vA .tile Dcsinn Manua£ states as 6ottows: h. SeveAety RestAietive Soils: lo;r£and and mazshy so.its phese►tt extaemetr/ 6eve•te .tma tl011Is o-t a►t1i dtzin�,.icfd instatlati.en due ,o high gAaund wateA table depths, 6tooding hazards and extremely stow percolation Aates. Every reasonable e16ort must be made to ptectude these soils 6.tom consideration 6aA drain6ietd instattatcon. Witete such soils must be considered due to existing tot con6iguiations the pAopo6ed designs shaft be caAe6utty eng.incete.d and could be expected to inctude methods such as cem;:letr soif r.epfacemc►lt mounding, and other innovatierls. The City E►:uince: must approve att such designs and the Cite is u►hdet no ob£i('{atio►1 tc app•tovc• an►r drain�'ield on these 6oif s. Uecembe& 24, t979 Soil So.tings - Stubbs Say Matina PAopctty Page 2 Any d.,ain'.i.efd app,cved scA i►lstaff atic►, cn these coifs shaft be Subject .to .the mete•ting o,� xate4 i► 6kow, and ier(utai p.ivund Xate, t .Aatity testing. Cettisicates os Cor-pt ia►lce shaft be issued en a one -yea,. •tcn.t,'abte substandard system basis and mace be revoked at ano time that aicund wate_n onatittis ctt+ld to be detetietating. The Sot totciny snit eta ssi �icatien s.• zics raft with ('it this tcStIicti.•e. category: Gfeneve - Cc Ha►nef Loam - Ha Lake Feacticr - Lc, Ld Mats{t - Ma — P,,aty Muck Pa, Pm ,My con6611cied opinion is that a ece tain en-.-i- i:rrentaf tisf:. as teeft as a shaft tish cj system bai£une tj,'ou£d be i►1;;c`.e+tt in a mound system on this site. The envitv►tmentat Aish, is .that tri.th the high watet tabfe some untreated yr ,'a ztiatty treated septic e ,•'fuent may e►itept ,the watcA table, and at tltis point treatment stvps. This is a pot£ution ,isle move .than a diAect heafth haza,d, as £000 as wc£ts a&c Dept deep enough. The tong term essects oil the deep. water suppfy, say 50-100 years hence, ate subject to specufativn. The wish, o6 sits -ten Jaitute is that i6 the wate•t table. is veAy high, nv.tma£ usage v�, tltc mound might cause saturation in the suAsace tacfc•i.s and possibte seepage on the suAsace, which is a potential heatth haza,d. Mound .sy.stems soh one of pessibty t.cec buildings, of a simile mound `o serve two units, might be reasibttl developed on the south side os the ptopetty with pAvpeA design and stoodpnoos.ina methods. A tibciat intetpneta.tion cs out code cvould suggest .that ;rem the observed water table and pLobabte pe,cvtatio►1 ?a.te a mound would be acceptable. Front the .insetned site conditions v� a hiu(t Ovate, table teith.in 1 to 2 sect os the suASace (4.tom soil 6u&v(,.y intetptcta.tion) a mound troutd net be acceptable. A mound coutd be desic;ned to minimizze the e►lv.ctonmentat •fish bit including a decpe.r sand far+et. One po.ssibte aftetnative soA an acceptable system might be a hotdi►la tank/giteywatet mound cc+rbinatien. The tvitet wastes and garbage ntirdL"t wastes woutd be piped to a hotdi.►lg to►lk which tecutd lave to be pumped c•it Aegufv-,ty. For a 5 membeA 4amity at 5 �lus(les pe•t person pen day at 3 gattons pen stush this is 75 gaftons pen day vt 27,000 gallons pe: year. With a 2,000 gatton tank :the puml:,out cos t.s teoutd be app•toximately $806 peA yea&. The u.reywateA (sinks, shower, bathtub, faundit woutd be pumped to a mound 6116tcm a►1 the 11 ,g11 pci►lt cs each tot. The use os a ctteytaatet system signisicantty dec,eases the amount t-; SOV and phv6phates and nea:ft, eliminates the ni.ttvaen cvntpott►tds (Page 71 - Manuat v6 G,cywatet T,catment P&act.icel. Sort. $or¢tNlsS /2 ,� 21 — '701 � • - - DEPTH To viATER TABLE \� (4 hours after boring) B-1 — 3211 B-2 30" B-3 — 30" B-4 - 3411 ` 1411 70 3 E \ r/ � •�,r\\ Y i � / ' ���y�t1c Ifs!,,' __,1. \ { � mIts 3y� , 3403 O P-4 'AFi se- t a, N,, — i0P �•• 12c�►J i n� S. E T'QWTz. CoiZ EL. 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SILTY CLAY 4(z��N�C �QoSt-I• GP_AY 51i_;y. CLAY M-Y Fr'vE_ S�"-> --tR. �'P PC--* -bizz. C-E_kY CLAY - (2ZGANkC - iOpT bt GRAY SIB i Y CLAY C � RZ h (3-►o-81� &AOC S Ic. %Y CLAY , G SAY S I STY CLAY SoF ► - V&ZY RCS i t C 'D C- -Z CL AY SC A,-i S c)� Men S A► Ci - 4--3-8 U-T Gr r^r; = T = 1 A t_ MA a Ij C-0 J .J % t� t" fi LL � U e. 1 ►JG 5 'P t l-. L . M u � ZECy . ��C�• C ASK LAKE. QT. —- SEE �n���G' h�ouND LAYOUT FILL t\io`Tr-- v1rsuAL WILL C�FJt, IQca TK10 Wt1At � W k t_-- A-P -=AV- Z O $ E O 1-1 C., J -3 O Z• KtL i J : �.3`(_(. O c `SEA,-fr Ai1TN V Vk C-C.Z—TE F U L L P.Vobt_ UL, 19811 1pf,,.(-,L -3 o F 3 c—Z" kKc%,_= H:�� LtO,1.4 �__U. \ n, V - GP_E1 vJKTF_ W►�s�� 1 ���:: 1 - TOtL P,S;'c 1��� ,� Q EF r �_v Ea pit nP �►.; G VTR . ; H - 2ooa CAI. S F_%� KU Fow- \' �OUO Glu.ywA rCR SKsT EM F - lyt, -Pv C -PUE5S U RE O��iR�P��Tto� SYS'�'trn E hs-c t_ ohm taou�t I ��QUSSs ; C t� HpoSn s- GENEZRL ��� 1�.� �- ! ��t-D .. '�=�ttCS MU�.r•st� ?t CaiZE`!'��hT im I i R.IL t SQL �RJNQ M0; A4(,3U; r GYP I '�� ... .. • i� s � Carr. SELaC-tD O!6rlu:� t�b 0 T f—; ob 0 y C, L LL L c- f e- V rj� C Ai� -3,JT j N7 v) AR fx ty Zo iJ t i- cl;iuy ANrf.r, County _ . _ - - - - •+� _ _ - - - - - - - - - - _ R�Od . �� p�u� �. 't ',NCB 1 y . � i• ' as S /reef v; _ ��Ocl qi p® , A4� �i TO: Jeanne Mabusth, Zoning Administrator FROM: Michael P. Gaffron, On Site Systems Manager DATE: October 28, 1980 SUBJECT: Review of Stubbs Bay Marina Property On -site Sewage Treatment Possibilities Attached is my entire file of field notes and sketches on the water table/soil types and drainfield system possibilities for the McCleary property. Since no actual percolation testing has been done, I must recommend that a series of at least four percolation tests be done to determine that the percolation rate is in fact acceptable for a mound system although the design of the proposed mound system really is independent of percolation rate and is based on the sewage flow anticipated. As has been previously noted, the black -water (toilet wastes) for the three lots will be segregated from the grey -water and piped to a holding tank for regular pumpout. The grey -water (sinks, dishwasher, shower, clothes washer) is proposed to be :.isposed of in a mound drainfield system serving all three houses. TO: Planning Commission and Council FROM: Jeanne A. Mabusth, Zoning Administrator DATE: November 25, 1980 SUBJECT: #k589 James K. McCleary, Stubbs Bay Marina (3445 Bayside Road) SUBDIVISION Toning District LR-lA Work Session - Prcliminary Subdivision Area - 2 acres (240' of lakeshore) Review the enclosed rezoning agreement for the Stubbs Bay Marina. The agreement notes the special standards established for the unique subdivision. In your review of the subdivision, use the following check list to see if those standards are fulfilled. 1. Limit of three residential lots. 2. Graywater system contained in special outlot serving all three residences - Outlot B. 3. Lot standards - variances run with property for ten years: lot width - 75' road setback - 20' side setback - 10' minimum distance between house - 20' ??? 4. Outlot A is subdivided as separate parcel of land to be combines' with a buildable lot within 2,000 ft. - open space easement to assure placement of one single family dock. Applicant is to submit the required testing for graywater system on Outlot B (see Gaffron memo). Agreement does not appear to waive park fees - what does P.C. recommend? Access for Lot 2 must be addressed, at. this point it appears to be landlocked. Access for Lot 1 must be approved by Hennepin County Highway Department and Lot 3's access off East Lake Street must be reviewed by Public Works Department. Public Hearing will be scheduled for January 19, 1981. ��L�d�D nc COMB --:'D EXhIBITS A & 8 REZONING AGREEMENT Dated March 28, 1980 APR 11 - t or -, vy for K. rCl,!:i:-y t.0 of W:.• CITY OF OROM0 and 1114.n -I an. :'.u'-AvJFjon I*o. 2G3 County, Hr.11z�Otr. *111 .-ep"00 e of 'Vol' 0" -C, C, Lot A Area described in-7 Item 7 of F-15 76 Lot B Lot C YJ X# LAKE AV jA 5 rotEx r Area described in Item 5 G \ l rcrfiflente c-l' .-;uvrv: 4-his ir #1 tyn:.- rwi rorrort rn-)rnnetn: ticr of rlor'. 7, 004tion V) 1-.1nnc-- 21 ;.rO :'u--!.v.:r 2,03, ro,int •It 6w-,:; not mirport to t-how i:-xro!-c.-vents or V.jjrrr,-,urll_nt:-. 100, Go n on Ji. Cc:'fir. I , e i: Dni-n : 12-11-71) 1p.nzi 3urve-vor and !'*l;!llljer o : Iron ivirlker i,onr Lrjj-e, Miraiesoto �! fly ' 7'' , T 1. DI +~ 1Al.il� Z�I �+iin+iV r REZONING AGREEMENT FOR PROPERTY PI, KNOW, -AS THE STUBB'S BAY ;MARINA PROPERTY P4� Oil w THIS AGREEMENT, made and entered into this .-A—day of %_L�"✓`��___�.�._+ �7L 1980, by and between .lames K. McCleary and Carolynne M. McCleary, their heirs, successors and assigns who are the owners of the property, legally described on Exhibit A attached hereto and incorporated herein by reference, hereinafter re- ferred to as "Owners" and the City of Orcno, a municipal corporation, hereinafter referred to as the "City." WITNE:SSETH: WHEREAS, Owners have requested she City to change the zoning of the above described property from. B-2: Lakeshore Business District to an LF.-IA: One Family Lakeshore Residential District to allow for the development of the above -described property consisting of approximately two acres and 240 lineal feet of shoreline on Lake Minnetonka, into three separate single family lots with homes thereon, and WHEREAS, the City has found that the proposed rezoning of said property pur- suant to this rezoning agreement would be in the public interest and would promote the he<.lth, safety and welfare of the public, and WHEREAS, in order to induce. the City to change the zoning of the above -described property and to grant the variances related thereto as provided for herein, the Owners agree to lay out, develop, maintain and restrict the development of the above - described property as hereinafter - t forth; NOW, THEREFORE, it is agreed that for and in consideration of the City's adopt- ing an ordinance rezoning the above -described property from B-2: Lakeshore Business District to LR-IA: One Family Lakeshore Residential District with variances granted as set forth hereinafter, the Owners agree to restrict the development of the above - described property as set forth herr-Inafter: 1. The development of the property shall take plac,- generally in accordance with the concept plan, a copy of which is attached hereto as Exhibit B. 2. A preliminary and final plat in conformance with Exhibit B shall be sub- mirtad to the City for its approval As soon as possible by the Owners. 3. That prior to final plat approval, the Owners will comply wi' all the applicable rules, regulations, ordinances and laws of the City and will submit all information necessary as usual for the review and approval cif a preliminary and final plat. 4. That the above described property will he restrictcd to the de•velopmecct of that property into no more thin three sin};le family homes e-ach of which will be built f on its individual lot. 5. Any homes built on the above -described property shall comply with the following: n A. The r.ini,num elevation for the ryrounl 'loor of the hr►^,eo wiliti,jitrtjfq shall he one foot ahove the n i i r)cen t f i n inhe i r ?roun,l level or o.'�?,5, whichever i~ hi •.her". r B. The homes shall be built at least 75 feet from the lakeshore of Lake Minnetonka. __O!_ C. The homes must meet the State Building Code. D The homes must comply with the applicable rules, regulations, ordinances and laws of the City consistent with the variances pranted herein.. F. Each home shall be constructed in such a way so that the grav water from each home will be treated in a gray water on -site disposal system, subject to approval by the City, which system will be located as shown on Exhibit B. That area shall be sufficient in size to allow for the primary treatment site and an alternative site. F. Each home shall he built so that the toilet wastes shall be collected in a holding tank, subject to approval by the City, which holding tank shall be pumped as necessary 'y the owner of the home. G. The area to be utilized for the Fray water disposal ;n-site system shall be described in an easement for the benefit of the three lots or shall be a separate outlot, the ownership of which shall be by a homeowners' association, or some other legal arrangement to insure that the owners of the three lots share equally in the cost of the ownership of that lot or easement, the maintenance, repair or replacement of the gray water on -site disposal system; the agreements therefor shall he subject to the approval of the City Attorney. 6. Variaaces are hcrt-by r.r.tnt(-d for Inch of the propc ;c-i Lots nr, F!±rt,n on Exhibit B as follows and shall tic, valid for ten years: A. Lot Area: The average minimum lot area shall he 21,7HO square feet including its share of the outlot for on -site sewer system. B. Lot Width: The minimum lot width shall he 75 feet. C. Minimum setback from Private or !'ublic koads: ?0 feet. D. Mini►rum setback from Side Lot lines: 10 fet.t. E. Minitrtm Distance Between House: ?0 feet. 7. The area on Exhibit it with approximately 100 feet of lakeshorc hetween the road and the la — at the %orthwest corner of the property may he subdivided off as a separate parcel of land in such a way that it can be combined with a buildable parcel of land within 2,000 feet of said parcel as an accessory nutlo for the purpose of gix,ing the buildable lot access to Lake Minnetonka. StHd sel4. A the t ima of t1ie sff 4e 0f E6e �:_.., , p. , , e *1 -a-"ot-1wr-4m+44.4r►14-t- This parcel of property shall be subject to an open space easement, in a form acceptable to the City, to insure that it can only be used for the placement of one single family dock, and only after combination with a buildable lot. a•; above. 8. During the calendar year 1980, the Owners may apply for a permit to allow {� for the use of the property and the existing docks in front thereof as a limited commercial marina, and the City shall grant a permit for 1980 for the marina which commercial marina shall be limited as follows: A. No more than a total of 55 boats may be stored on the premises or at slips attached to the dock or moored in front of the property during 1981). B. There may be no winter storage of boats on the property. C. 110 Structure shall be constructed, erected or placed above or upon the property, including without limitation, docks, piers, signs, billboards, hard- cover or roads of any nature whatsoever, accessory buildines, or any other structure or improvement which is not presently existing on the property, which is limited to one storage shed and the present docks, except that portable toilets as necessary and a garbage dumpster may be erected. D. The present docks may he reconstructed in the same position that they are presently and in such a way as to make them safe for the 1980 boating season subject to plan; to be first approved by the City. 9. During any time period in 1980, when the property is used in any way for commercial marina purposes, no occupancy permits for single family residential structure can any nortior. of the property will be granted. 10. As of December 31, 1980, all commercial marina activity of any nature shall have ceased and all docks and piers in front of the property shall have been removed, all boats and boating materials and other structures related to the com- mercial marina activities shall have been removed from the property. 11. In addition to any other remedy the Cit-y may have, the covenants and restrictions contained herein may he enforced by injunction. 12. Any violation by the Owners of the restrictions and covenants herein shall constitute a misdemeanor and may be punishable by up to $5O0 penalty and 90 days in -jail for each day of offense and violation. 13. All the provisions hereof shall run with the property and shall bind the heirs, successors, representatives, grantees or assigns of the Oknerti and the owners agree that this agreement or a short form thereof at the City's discre- - 3 — 4 tion, may be filed in the chain of title for the property and the Owners agree to execute whatever documents are necessary to insur•. the filir, of this agreement or a short form thereof. 14. The above described property is hereby rezoned from B-2 to L.R-lA. 15. Owners hereby release the City, its employees, agents and elected representatives, from any and all prior and present causes of action, known or unknown, including but not limited to the rezoning of this property as provided for herein, the denial of the 1979 marina license for the property, and the negotia- tion for and execution of this agreement. 16. The variances granted herein and the approval of the final plat for the property shall be rescinded and be null and void if the Owners breach the terms of this agreement and the oviers fail to cure the breach within 10 days of notice thereof. ii snelsae tge, fnterm devei" 111 a ne of tit --preip rty shnj1• be ' mit d to �,,;.{.'...�-5.:.:� �:• l=i_..m�i*lr ^� ham...-� ��.o•.a.... �,'' 1� 17. In the event Owners submit a final plat in 1980, in compliance with this agreement and the City has not approved the final plat within 90 days thereof, as provided herein, then this agreement shall be null and void and the change of the property from B-2 Lakeshore Business District to LR-lA One Family Lakeshore Residential District shall be invalidated and the zoning: of the said property shall revert back to B-2 Lakeshore Business District use. 13. This offer by Owners shall remain open f r ac tance and shall he binding upon the Ownt•rs if signed by the City by -- ----� -a - ---- - 19. City releases Owner for having operating a Marina in 1979 without a permit and waives any rezoning fees and licensing fees due under the terms of this a went. CITY OF ORONO Wi11iam B. an Nest, Mayor And - - - - _ - -- - - Wa1ter Benson, 'lerk Administrator ,lame: McC i c: Ca ?lvnn''r('lvary PLANNING COMMISSION MINUTES OF DECEMBEP 1, 1980 - PAGE 3 2. Plan for single story boat house - showing final CORTLEN CLOUTIER altered structure to be reviewed by staff. 2480 Casco Point Road 3. Fair market value of boat house as of 1-1-75 if CONDITIONAL USE PERMIT less than $3,000 than structure may have to go. VARIANCE (#555) Cont. Motion seconded by Hammerel. Vote: Ayes (6), Nays (0). Motion passed unanimously. The applicant was not present. New members questioned certain conditions of the Stubbs Bay Marina Rezoning Agreement. Most of the concerns dealt with the extent of the variances necessary in an LR-lA zoning district. The Chairman advised that these were minimal compared to the violations cited against the marina operation. This agreement was the result of many compromises on the part of the property owner and the City and that concerns raised by this body will nevez c;-lange conditions of that agreement. Staff advised that the Commission should review the proposed plan to see if additional information is needed to complete review. Staff will require septic testing for gray water system. Access road should be designated for three residential units to be consistent with City's policy. A public hearing is scheduled for January 19, 1981 at 7:30 P.M. The applicant was not present. Staff advised that the applicants were required by a rezoning agreement to complete a subdivision for the subject property. The unapproved division occurred when the original owner sold a portion of the lot without the required City approval. A public hearing has been scheduled for January 19, 1981 at 7:45 P.M. JAMES K. MCCLEARY 3445 Bayside Road SUBDIVISION (#589) Work Session JAMES P. RIVERS 1440 Shoreline Drive SUBDIVISION (#590) Work Session The City of Orono proposes selling a three ar.re parcel CITY OF ORONO of land to the DNR to be used as a parking lot. The Ringe Route Project parking lot will be available to the users of the S� Section 31 Luce Line. The subdivision will be a metes and SUBDIVISION bounds division of a total 30 acre parcel into two (#591) lots. The 3 acre lot is substandard for the RR-lA zoning district. Planning Commission asked staff to check with DNR for plans that may be available for the proposed parking lot. A public hearing is scheduled for January 19, 1981 at 8:00 P.M. CITYof ORONO Control No. 589 _ 'bat Office Bo: 66 • Crystal Bay, Minnesota W23 • Municipal Offices - Telephone 473-7357 Variance Conditional Use Permit M J _X Subdivision, Preliminary r. antes McCleary 4240 Reiland Lane Shoreview, Minnesota 55112 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting December 1, 1980 Votes: For Against Planning Commission recommends the following: Date of Notice 12-3-80 Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study X No action required NOTES AND SPECIAL CONDITIONS A public hearing is scheduled for your suhdivision on Ja.ivary 19, 1981. You will be required to submit the necessary septic information for the grey -water mound drainfield (treatment for sinks, dishwashers, showers, clothes washers, etc.). Please call it you have any questions. This information should be submitted by January 9, 1981. — 1X1 Applicant's next scheduled meeting is confirmed as: Planning Commission January 19, 1981 _ Council Applicant's next scheduled meeting is dependent upon receipt of t-1 additional information. Deadline for the meeting is — --- - or ----- -- ---- ------ --- for the _ meeting. In all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoniruj Administrator. If you desire certified copies of the official Planning Commission Minutes they are available from the Building and Zoning Secretary upon review and approval by the Planning Commission. TO DATE - SHIP VIA: QUANTITY I I THE CITY OF ORONO IS A TAX EXEMPT AGENCY TAX EXEMPTION NO 9033059 ORIGINAL -VENDOR CANARY ACCTS PAYABLE CITY of ORON P.O. BOX 66 CRYSTAL BAY. MINNESOTA 553 TELEPIIONE 473-735h PURCHASE ORDER _ 3. DATE - `_.DATE REQUIRED ___ _ PLEASE USE ABOVE NUMBER ON INVOICES. BILLS OF LADING, ETC., AND ALL CORRE- SPONDENCE PERTAINING TO THIS ORDER. CHARGE TO 1 - - - --T -TERMS. STOCK NUMBER/DESCRIPTION 1 BY ACCOUNTING DISTRIBUTION AM0u��T -DATE REQUIRED: PRICE PERT TOTA PINK--DEPT GOLDENROD -NUMERICAL FILE 0 LAKE MINNETONKA SU AFFIDAVIT OF PUBLICATION NORTH SHORE EDITION NO East Lake Street Wayzata, Minnesota State of Minnesota County of Hennepin 1) K MOHTENSO%. berm{ duly sworn. on oath says he is and dur.,ig all times here stated has been the cIce president and general manager of the newspaper know as The Lake Minnetonka Sun -North Shore Edition and has full knowledge of the facts herein stated as follows t. I Said newspaper is printed in the English language in newspaper format and in column and sheet form-quivalent in printed space to at least 900 square inches (2) Said newspaper is weekly and is distributed at least once every week (3) Said newspaper has 5013 of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication a d is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipalities which it purports to serve. has at least 500 copies reguiarly delivered to paying subscribers. has an average of at least 751'. of its total circulation paid or no more than three months in arrears and has entry as second-class matter in its local post -office t5) Said newpaper purports to serve Wayzata. Orono. Medina. Mound. Plymouth. Spring Park. Minnetonka Beath. Minnetrista. Maple Plain and Long Lake in Hennepin County and it has Its known office of issur city of Wayzata in Hennepin County. established and open during its regular business hours foi . c gathering of news, sales of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular busmess hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto (e) Said newspaper flies a copy of each issue immediately with the Slate Historical Society (7) Said newspaper is made available at single or subscription prices to any person. corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1. 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a not 'ry publa stating that the newspaper is .t legal newspaper He further states on oath that the printed- _.l7Q.Li OP of Pahl i n 14pjn hereto attached as a part hereof was cut Irvin the columns of said newspaper. and was printed and published thereon in.thc English language. once each week. for.One successive weeks. that it was first -o pubh.hed on .Wed.•___the-- 1.l.Jtis_--day of.-. Jan. 19_ 81 and was thereafter printed and published on every.__ _-__.__ lit and including of_. -___ ___. IV_ -_-_.—and that the following is it printed copy of the lower case alphabet front A to 7.. both Inclusive. and is hereby acknowledged is being the size and kind of type used In the composition and publication of said notice. to wit atx•deIXhgklmnopyrootuvw.yr Subscribed and .worn to belore nie this........7th. dry of_.---._.SZILs__-.. IS__BL. :'Lz 14 "� MEP,D':L M. HEDELOM it ,. ,Iq • r CERTIFICATE OF MAILING STATE OF MINNESOTA ) 1 COl1:.TY OF HIENNEFIN j ss. VILLAGE OF ORONO 1 I, Jeanne Mabusth, Zoning Administrator, of the Village of Oronc, Henneein County, Minnesota, do hcrebv certify that a Notice of Public is Hearing concrrnine Jame_s_.1C._ McCleary 4pplicati.9n_ fors. prQp4*_e_.three subdivision of prerty _located at44.5__Ba"j(t Rgad, _form_gr _site_ of Stubbs Baia Marina, was railed tc tt:e attachee: list of property owners. In Witness Whereof I have hereunto set my hand and seal this 7th_ dad• of January r_ , 1981 . ak.ust1,, Zonlnc: .. rr�nlst r3trr ft PLANNING COMMISSION MINUTES OF JANUARY 19, 1981 The Planning Cu,,.ntission met on the above date. The ATTENDANCE following members were present: Chairman Hammerel, 7:30 P.M. Goetten, Jabbour, Frahm, and McDonald. Mabusth represented the City staff. Mabusth noted for the record theaffidavit of public- V JAMES MCCLEARY ation and certificate of mailing. Robert Hoium. of 3445 Bayside Rd. 3440 Bayside Rd. was resent. The applicant was not SUBDIVISION present. The Planning Commission once again noted Public Hearing - the need to designate an access road. Members agreed 7:30P.M.-7:40P.M the road outlot rather than ar easement would best (#589) satisfy the standards for the 3 lot plat. The com- mission noted that the proposer. subdivision did follow the guidelines spelled out in the rezoning agreement. Hammerel movee to recommend preliminary approval of the Bayside --Ach Plat, reaffirming the variances granted for the LR-lB zoning district as set forth in the zoning agreement for Stubbs Bay Marina and based on the follow- ing findings: 1. Each residential unit's toilet waste shall be served by an individual holding tank located on etch homestead lot. 2. The three residents' graywater shall be treated by a single on site mound disposal system to be located on outlot B. 3. All Marina use has been discontinued. and subject to the following conditions: 1. A twenty feet wide road outlot should be designated in outlot B, the commons or shared outlot. 2. Applicant to submit percolation test information for graywater systems. 3. The park fee schedule would require $440 for each lot a total of $1320.00. 4. Drainage and utility easements should be designated for outlots A & B, 10-feet along exterior lines and 5-feet on interior lot lines. 0 PLANNING COMMISSION OF JANUARY 19, 1981 PACE-2 5. Variances granted in rezoning agreement dated June 27, 1980 4-ill be valid through June 27, 1990 a5 follows: Lot width 75' Road setback -)Of Side setback 10, minimum distance between houses 20 feet. 6. City to acquire on open space easement over outlot A allowing for one residential . ck, future owner must live within 2000 feet of subject property. Motion seconded by Jabboui. ate: eyes (5), Nays (0). Motion passed unanimously. Mabusth noted fur the record the affidavit of public- ation and certificate of mailing. The applicants were not present. Chairman Hammurel noted for the public in attendances this subdivision was required b•.• a re- zoning agreement entered into by the City and the ap- plicant. The original owner of the subject property sold a portion of the lot without ai,,.roval. This subdivision allows for an adc review as required by ordinance and clarifica f the tax records. Frahm moved to recommend approval c- ames Rivers' metes and bounds division of a property dentified as 11-117-23-22-003, such division required by the City of Orono in a rezoning agreement approved October 28, 1980, and suAiject to the following conditions: 1. An open space easement over easterly portions of parc-1 11-117-23-22-003, 11-117-23-22-0041 ll-tt7-23-22-005; such easements shall limit said a_ -ea to landscaping and prohibit the following: A. No permenant structures can be erecter. B. No Marina parkins; permitted. C. No exit or entranc? to existing or future docks will be alleged from specified area. 2. Separate agreement to be drafted by City attorney requiring Jack Lehtinen to tie his remaining com- mercial property into a "special combination" with east protion of 11-117-23-22-003. Such agreement will prevent future sale as a single separate lot with riparian access and formally recognize re- lationship of specified parcels to commercial marina operation. JAMES RIVERS 1440 Shoreline SUBDIVISION Public Hearing 7:45 P.M.- 7:50 P.M. (4590) 3. To approve a lot area and lot w-(Ith variance for LR-lA • Office Box 66 • Crystal Bey. Minnesota b5323 • Municipal Offices Telephone 473.7357 James McCleary 4240 Reiland Lane Shoreview, MN �5112 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting 1-19-81 Votes: 5 For Against Planning Con '.ssion recommends the following: Control No. 5R9 Variance Conditional Use Permit Subdivision, Preliminary Date of Notice 1-20.-81 Approval: As submitted x Approval: Subject to conditions noted at Planning Commission Meeting' Approval: Additional information required before Council meeting _T Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS aApplicant's next scheduled meeting is confirmed as: i.�dy .� Planning Commission �___ `! q t Council February --,a,- 19R1 ' <.E-Lug �=X� DApplicant's next scheduled meeting is dependent upon receipt of additional information. Deadline fur the meeting is __ or for the — meeting. In all cases, the application must be con,inued with the submittal of requested information within or the City will consider the application as formally withdrawn. If tnt at.plicant has trouble obtaining additional information, please contact the Zoning Administrator. if ju desire certified copies of the official Planning Commission Minutes are available from the Building and Zoning Secretary upon review and approval by the Planning Conunission. TO: Council and Planning Commission FROM: Jeanne Mabusth, Zoning Administrator DATE: January 12, 1981 SUBJECT: #589 -es K. McC! :y, Stubbs Bay Marina, 3445 Bayside Road, Publi tearing - i .vision Staff recommends preliminary al-proval of the Bayside Beach Eiat reaffirming the variance granted for the LR-IA zoning district as setforth in the Rezoning Agreement for Stubbs Bay Marinc and based on the following findings: 1. Each residential units' toilEt waste shall be served by an it, '`v'lual holding tank located on each homestead lot. 2. Thf three residences' gray water shall be treated by a single on site mound disposal system to be located on Outlot B. 3. All marina use has been discontinued. and subject to the following conditions: 1. Access road ott East Lake SLteet should be de,ignated in Outlot B. Planning Commission should decide if an outlot or easement would be favorable --what about width of the. iccess easement or outlot. Applicant to submit percolation test information for gray wa.dr system. 3. Park Fees ed tck The park fee schedule would require $440.00 for Qw +,. total of $1,320.00. 4. Drain: -be and utility easements should i, de;:ignatEd for OutIois A and B, -- 10 feet along exterior lines .t:td 5 feet on interio. lot line 5. Variance:granted "ezoning Agreement dated Jt.ne 27, 1980, will be valid throught June 27, 7G as follows: lot wic..4--75 fe4 t road setback--20feet side setback--10feet minimum distance between homes--20 feet 6. Acqu, C open space easement over outlot A - a )wing for one residential dock. Future owner must live within 2,000 feet of feet property. CITY OF ORONO N O T I C E The Planning Commission will hold a Public Hearing in the Council Chambers at 1275 South drown lroad, on Monday, January 19, 1981, at 7:30 P.M., c,,- tip, matter of James K. McCleary's application for a proposed three lot residential subdivision of property located at 3445 Bayside Road, former site of Stubbs Bay Marina. All persons wishing to be heard will appear at this time. Written, comments are solicited. Plans are available for review in the City offices. City of Orono Planning Commission JeaAne Mab Zoning Ad-i,. TO: Jeanne A. Mabusth, Zoning Administrator FROM: Michael P. Gaffron, On -Site Systems Manager DATE: January 21, 1981 SUBJECT: #589, McCleary Subdivision, Stubbs Bay Marina Property Update A review of action to date on the sewage treatment issue for this proposed subdivision: - 12-24-79 Memo from Michael P. Gaffron discussing soil borings, water table depth and soil types as identified by City staff. indicated that a graywater mound system might be an acceptable alternative to total holding tanks based on proper design ar,c construction of the mound. 03-28-80 Agreement between McCleary's and Citv that each home to be built will use a holding tank for toilet wastes and a graywater on -site disposal system for gray water; and that the area in common use for the gray water System shall be described as a seperate outlot or in an easement; and ownership of the arf-a will be by a homeowners association or other legal arrangement to insure the proper management, repair, replacement, or maintenance of the graywater system. 10-28-80 Memo from Michael P. Gaffron recommendinq that City require actual percolation testing be done prior to preliminary approval, to show whether a graywater mound is in fact feasible for the site. As of today, 110 soil testing report has been submitted to the City, nor has any homeowners as;ociat.ion agreement been submitted for review. I believe it is imperative for the protection of both the City and the applicant that the following items be completed prior to granting or subdivision approval: I. Applicant should hire a consultant to p Form percolation tests and soil borings in the ax,:a of the proposed graywater treatment system. 2. Based on the data from this site evaluation, the applicants' agent should design a graywater treatment system to serve in common the 3 proposed residences, as well as design the individual holding tank system for each residence. The site evaluation and system design should be reviewed and approved by staff prior to ?preliminary? approval. page 2 TO: Jeanne A. Mabusth FROM: Michael P. Gaffron DATE: January 21, 1981 SUBJECT:#589, McCleary Subdivision, Stubbs Bay Marina Property Update 3. The following sewage treatment system factors should be addressed as part of a homeowners association or some other legal arrangement; 1. Ownership of the system and the property it occupies 2. Responsibility and schedule for maintenance of 1. Individual tanks and pumps etc. 2.. Com.aon system 3. Responsibility for repair should failure occur 4. Responsibility for replacement should failure occur 5. Method or :node of connection to the system should development on individual lots be non -concurrent This agreement should be reviewed by staff. and City Attorney prior to subdivision approval. Completion of the above items will help to document the rationale for allowing the graywater system/holdinq tank combination on this site and will ensure that responsibilities for proper func- tioning of the system are well defined. In lieu of completion of the above items, I would recommend that a total holding tank system be required to serve the 3 proposed residences. TO: Walter R. Benson FROM: Jeanne A. Mabusth DATE: February 6, 1981 SUBJECT: #589 James McCleary, 3'45 Bayside Road - Preliminary Subdivision Zoning District - LR-lA Subdivision - 3 lot plat Area - 2 acres (240 lineal feet of lakeshorel The Planning Commission's review and approving recommendation have been based on the standards and conditions set"orth in the rezoning agreement for the Stubbs Bay Marina propert,�. (enclosed in your packet) The 3 lot subdivision; followp all the guidelines conceptually approved by Council durint, t4ic rezoning review as follows: 1. Average lot area of 21,780 square `eet. - limit of three residential lots. 2. Lot width 75 feet. 3. Outlot A designates separate parcel to provide lake access for a property owner within 2000 feet. 4. All three lots r-parian to Lake Minnetonka and subiect to all standards of the L.M.C.D. Please review the Planning Commission minutes of December 1, 1980, and January 19, 1981, for background discussion and approving recommendation. Planning Commission's one concern was that a separate private read outlot (20 feet width) affording access to 3 residential lots should be designated within Outlot B. This designation will clearly show all access must be via East Lake Street. The plat should designate drainage and utility easements along exterior and interior lot lines of Outlots A and B. The applicant was not present at either of the two meetings. All contact with applicant has been with staff over the phone. The Planning Commission required a park dedicat;on fee because the rezoning agreement did not: waive a park f- -jplicant states that he is not required to pay park dedicatirn The percolation testinn has not been submit because McCleary plans to ask Council to waive that requirement. fie would prefer page 2 #589 James McCleary, 3445 Bayside Road - Preliminary Subdivision the contractor who buys the property and constructs the houses to supply the testing information for the on -site mound system. Council should note Gaffron's last comment in his memo of 1-21-81. If the applicant refuses to submit the necessary testing, septic design and "legal document" defining ownership, maintenance, repairs etc. then a total holding tank system may be required to serve the 3 proposed residences. The percolation tests are required to determine if there is suitable and sufficient land available to support an on -site mound system. If test information is not available, Council's preliminary approval may be conditioned on a total holding tank system. The following recommendation merely setsforth options available to Council for their consideration. The amending of the original Planning Com.,, ssion recommendation results from applicant advising staff of his position after the January 19th meeting. To recommend preliminary approval of the Bayside Beach Plat reaffirming the variances granted to the LR-lA zoning district setforth in the rezoning agreement for Stubbs Bay Marina based on the follnwin- findings: 1. All marina use has been discontinued. 2. Standards setforth for preliminary plat approval have been met. And subject to the following -ondit:ions: 1. Options for treatment of wastes both black and gray waters. a. A total holding tank system to serve the three residental lots b. Provided necessary test information received before final plat apprc,va- 1. Black water for each residential unit contained in holding tank, on homestead lots 2. 3 residences qray water treated by a single on -site mound disposal system located on Outlot B. 2. Options on access a. Design separate road Outlot within Outlot B as requested by the Plannina Commission. b. Allow Outlot B to remain as designated for access and treatment area for gray wester. page 3 #589 James McCleary, 3445 Bayside Road - Preliminary Subdivision 3. Park Fee a. waive park fee as requested by applicant b. Park dedication fee for 3 lots in Lit-lA a 2 acres $200.00 total $600.00 C. Park dedication fee for 3 lots @ 2 acre or 21,780 square feet = $440.00 total $1,320.00 4. Drainage and utility easements designated for Outlot A and B, 10 feet along exterior lot lines and 5 feet along intr-1:ior lot lines. 5. Variance granted in rezoning ag:-eement dated .Tune 27, 1980, will be valid through June 27, 1990. 6. City to acquire an open space easement over Outlot A allowing for one residential dock, future owner must live within 2000 feet of subject proAerty. 1. '0 ONO l'o%t I)ffu.• It, W-O'nst.11 Pa). %1innV,t^.36NIunicipal Officer Telephone 473 7357 James Mcclea -y 4240 Reiland Lane Shoreview, MN 5511Z NOZICE OF PLANNING COMMISSION ACTION Date of Meeting _ 1-19-81 Votes: For _ Against Planning Commission recommends the following: Control No. 589 Variance Conditional Use Permit x Subdivision, Preliminary Date of Notice 2-2_81— Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission I study No action required NOTES AND SPECIAL CONDITIONS The Council's meeting night has been changed from February 9.g _t(1_FPhruar)z t t--- I hI Applicant's next scheduled meeting is confirmed as: Planning Commission Council Februarv`11, 1981 (-j Applicant's next scheduled meeting is dependent upon receipt of LL�_11 additional information. Deadline for the meeting is _ - --- or -------- ---- for the meeting. In all cases, the application must be continued with the of requested information within _ — _ ------ - or the City will co- ider thc• appli ion as formally withdrawn. If the applicant has troub)e obtaining additional information, ple.3se contact the Zoning Adrn,inistr '(,r. If you desire certifir-1 cl f th• o.fici -il Ylanr:in(i cr):-:•ii:-: i c n Minutes they are availabl- from• t: revi,-h and approval by the Planr►i . REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 11, 1981 Page 10 "Mr. Moen stated the permit review was based only on a single family residential use. A temporary roadside stand would have required a different review based on commercial standards. In "that area" a right turn lane and a by-pass on south lane would have most certainly been required. The access width required would have boon at least 24' to 28'. The primary review would have also checked the local zoning to see if there were a conflict. Mr. Moen asks that Mr. Harvey reapply for an access driveway permit if Council approves the commercial use. " Mayor Van Nest: It appears that there is not supportive data to justify a roadside stand or to meet requirements for accessory uses. Mr. Fred Harvey, n . Robert Harvey, and Mr. y Mrs. Lurton were present to discuss their application. CONDITIONAL USE PERMIT 3580 Wayzata Boulevard (Continued) Mayor Van test moved, Hurr seconded, to conceptually approve resolution to tic drafted by the City sta-f for the February 23, 1981 Council meeting approving a conditional use permit for the planting of crops, as set forth in Sections 32.410, 34.032, 30.020, and 32.340 of the City of Orono zoning code and denial of retail sales of crops, since the City Council has found the encouragement of commercial uses would be detrimental to the safety, health, and welfare of the general public and is not consistent with the cit.y's Comprehe::sive Plan. Motion, Aves (5) - Nays (0). Jean Mabusth, Building & Zoning Administrator, /CONDITIONAL USE PERMIT reviewed with the City Council. her memo regarding 3445 Bayside Road the preliminary subdivision request of James McCleary, #589 3445 Bayside Road, dated February 6, 1981 which is fames McCleary on file in the City Clerk's office. Mr. James McCleary was present to discuss his application Mayor Van Nest moved, Hannah seconded, to grant preliminary approval of the subdivision requ-st of James McCleary, 3445 Bayside Road, subject to: 1. Waive park dedication fees 2. Favorable on -site testing analysis prior to final plat approval 3. Drive entrance, location, and other conditions as per March 28, 1980 agreement. Motion, Ayes (5) - Nays (0). CITY of ORONO Pt I "64-v Mix 6hoCrv.4tal Hay. Minnesota 553236 Municipal Wfive, On the North Shure of Lake Minnetonka February 13, 1981 Mr. James K. Mc Cleary 4240 Reiland Lane Shoreview, Minnesota 55112 Dear Mr. Mc Cleary: This lett_= will attempt to outline the conditions and submittals required that Will bring the Bayside Beach plat to the final approval stage. This office has received the mylar copies of the final plat; the minor changes deemed necessary by the City can be easily performed by your surveyor in thin office. The customary drainage and utility easements need to be continued along Outlots A and B. N new copy of the plat, scale 1" = 2001, must be submitted to the City reflecting all r_hang, s. Review of Conditions of Preliminary Approval 1. All three residential lots to use Eastlake Street for access: Lots 1 and 2 via Outlot B Lot 3 v:a Outlot B or Eastlake Street 2. City will require an open space easement o'.�r Outlot A to insure that ?* can on1v be used for the placement of one sincle family dock. Outlot A may be combined with a buildable parcel of land within 2000 feet. 3. The toilet waste or black water from each home will be collected in a holding tank en each of the homestead lots. 4. The gray water disposal on -site systen. .all be located in Outlot B, the ownership of which shad be by a home- owners asses ation or some other legal arrangement to insure that the owners of the three residential lots share equally in the cost of the ownership of Outlot. B; maintenance, repair or replacement of the stray water on -site disposal system. 5. The legal document selected to confirm the above should also deal with maintenance, repair etc. of access road in Outlot B. H111 I)IN(. & /0'%1%(, 471.11,7 • AIAII%IS IRA110%& 1 IN %NCI 413 7358 • 1 HI.l( %%ORK% 4'4 71a ASSI SSI%(.' Mr. James K. Mc Cleary February 13, 1981 page 2 6. Variances for the three residential lots are reaffirmed to be valid until June 27, 1990. Improvements Required Once the septic test information has located the primary and alternate drainfield sites, the access road should be staked and the drainfield sites staked and protected throughout the construction period. The Bayside access must be removed. All this -gust be completed prior to final plat approval. Unfortunately, this was not reviewed by Council at their meeting of February 11, 1981, but staff will ask Council for confirmation. You will be informed within next week if Council does not agree to the condi*=in. Legal Documents Required 1. 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 4nterest. 2. Open space easement allowing only a single famS.ly dock (easement enclosed for vour review). 3. Homeowners Agreement or other legal arrangement for City Attorney' s review. / 6 _S f-e The City will require a fee of $50�VR>vcorder's o cover the cost of u• M filing your plat with the Hennepin office. -?!�- //,S "�- Please call my ,,)°fice i` you have any questions conc.rning these requests. Sincerely, Jeanne A. Mabusth Zoning Administrator c(-: Walter R. Benscn William B. Van Nest Norman Paurus Mary Butler Jo Ellen Ifurr Gregg Hannah Mr. James Y. Mc Cle"ry q February 13, 1931 J page 2 6. Variances fo: the three residential lots are reaffirmed to be valid until June 27, 1990. Improvements Required Once the septic test information has lc::ated the primary and a','rnate drainfield sites, the access road should be staked and the drr.infield sites staked and protected throughout t2,:! ccnstr,a^tion poriod. The Bayside access must be removed. All this mus `�e cnmUleted prior to final plat approval. Unfoz> .nately, this was not reviewed by Council at their meeting 3f rebruar•✓ 11, 1981, but staff will ask Council for conf-rmation. ,.o►. will be informed within the next weer if Council loc - iot agree to the cor.dit',,n. Local -Documents Required 1. Title opinion addresser? to th-, C' ty. T.11 owners, mortgage holders or others with property _,:serest irlicared therein shall sign the plat -nd all other documents affgcte-a by C souUch►*ri�nt�e �,.`��.`��'°�1 � ��' 2. Open°space easement al'_cwing ,only a single far.ily dock 'easement en -:losed for vcjr review) .yam . cr.-�.�..�- Aatu"I.a ..w.� 3. Homeowne_.-i Agreement or W er legal arrangement for City Attorrn�ey' s review. ka,•-,.,.,,4 IY � 4 J .. F" G Vie City will require a fee if $50.00 to cover t.,e c1F.t f ling yriir plat with the ?icnnes.:in Countv Recorder's ^`rA. i please call my o.`ficc it you have any na- stions, s:�ncer-Ii ;c� ,h<:se requests. Sincerely, Jeanne A. Maburth Zoning Administrator cc: W,'lter R. Be .son William B. Van Nes+- Norm,�n Faur-s Mar•: Butler JO F.11e:-. Hurr Greg ; 'a.nrah C- CLE-Axr Oak Z"Pt,wr—, Vi4ollj 0 'r e4-m - A,- At r�� --Ole -ICE X2 C-- o A I 1--t l'-f I i, I PPS TO: Jeanne A. Mubusth, Zoning Administrator FROH: Michael P. Gaffron, Septic System Inspector DATE: May 4, 1981 SUBJECT: Septic Testing, McCleary Pronerty, 3445 Bayside Road #589 I have reviewed the site evaluation report submitted by Carl Borg on behalf of Mr. McCleary, and wish to make the following comments: 1. Testing was done the beginning of April. In nearly all holes the water table was found to be at a depth of 1.0-1.8 feet below the surface. This coupled with my borings in December 1979 indicate that the water - table fluctuates, but is probab.�v at least 1 foot below the surface during most of the year in the areas tested. (which are the highest portions of the property) 2. Percolation tests were taken at a depth of 15", and where water table was below the hole an average percolation rate of 17 mirutes per inch was found. The black silty organic clays of the site are underlain by seams of sand and gray silty clay. 3. Based on the above findings, it seems that th,2 major limiting site factor is the water table, which normally for a mound system would have to be at least 2 to 3 feet below the surface as a minimum. The design proposed by the applicant's site evaluator includes adding a layer of fill from the site over the natural surface to increase the depth to water table to 2 feet or more. This appears to be the best method as long as A) the material used for fill is essentially the same organic silty clav as that on the drainf.ield site; and B) the fill material and existing soil are flowed or scarified to minimize any layering effect that could occur, which might create a permeability boundary and cause lateral seepage. 4. The proposal incorporates a separate rockbed for each house within a single sand mound/berm. This method will allow for separation of each residence's effluent and will help to determine liability should system failure ever occur. 5. The existing well/hand pump system should be properly filled and sealed prior to anv constructi(n on the site. • Septic Testing, McCleary Property May 5, 1981 page 2 6. Inherent in the design proposed are individual separate septic tanks and holding tanks for each residence. These should be located on the individual lots so that the only pipe(s) crossing lot lines are the three pressure distribution manifolds from the residences. 7. The proposed design meets criteria for a mound system within the sheet flow floodplain area. 8. Further items needing to be addressed include: a) Can the proposed layout be constructed %"ithin the applicant's proposed lot line arrangement and still allow for a drivewav on the common lot? A scaled site plan should be submitted for review, showing all proposed improvements. b) What are the provisions for an alternate drainfield site? If none exists, I would recommend that if failure occurs, the hold.inq tank system for all waste would be required. c) Subheading (3.) of my memo of 1-21-81, still needs to be addressed. (Ownership and responsibility for maintenance and repair) For the record, the technical justification for allowing a graywater mound/holding tank system on this site is a) adequate area exists for a mound system; b) adequate percolation rates were demonstrated where the water table permitted; c) the proposed system is designed to compensate for the high water table. (Note that, normally, no system would have been allowed in this area, and holding tanks as well as the mound system are a variance to the on -site ordinance) d) the holding tank/graywater combination will reduce the on -site treatment required for: BOD - by approximately 50% N - by approximately 80% P - by approximately 50% Total water use by approximately 40% (Based on Manual of Grav_ Water Treatment Practice Table 8 p. 77) Hence the system will not have as great an impact on the soil/water system of the area as a total mound system would, and should not create anv_ undue pollution or health problems for the area. 1040 Garland Lane Wayzata, Minnesota 55391 (61.2) 473-9194 May 22, 1981 Mr. Jim McCleary 4240 Reiland Land Shoreview, Minnesota 55112 Subject: Sewage Treatment - Stubbs Bay Marina Property Dear Mr. McCleary: Enclosed please find design drawings (2 sheets) for the above project. Please call if you have any questions. Yours very truly, Carl Borg CB:kf enc. cc: Michael Gaffron Gordon R. Ccffin CITE' or OR()N() IIt-x Iih*Crvs1aI ka%. %Iinneseitit 55.12.39MumcipaI (Wict-. I Lakv .tifr►lnrlortka k Mr. uic.K Peterson { Best and Flanagan 4040 IDS Center Minneapolis, MN 55402 Re: McCleary Subdivi.son, Bayside Road Dear Mr. Peterson. As per our phone conversation of May 19, I am listing the items which the City of Orono would like addressed as part of a homeowners agreement or ether legal arrangement regarding the on -site sewaqe treatment systems for the McCleary property: 1. Ownership of the system and the property it occupies. 2. Responsibility :and schedule for maintenance of each individual property's system. 3. Responsibility for repair or failure occur. replacement should 4. 'Method or mode of construction of mound systems) should development on individual lots be non -concurrent. Some general comments: Each house will have a holding tank for toilet. waste (and possibly garbage grind(ar waste); and two seti_tic tanks with a pump tank; all located on each individual lot. Each house will also be connected to a separate graywater mound system located on the commoi property. The agreements, then, should discuss the construction, maintenance, operation, and repair of the individual (yet adjacent) mound systems on the common property. i believe our main concerns are, in the case that one of the graywater systems fails to function correctly, how does it affect the other systems, who is responsible for the problem, who will repair .it, who is responsible for damage to the adjacent systems if they are disturbed during repairs to one system, etc. c�tc. Also, protection of the graywater mound systems should br, di:3CUSsed; i.e. No traffic is allowed on them; grass cover must .3e maintained; kids can't use them as a sandbox etc. etc. BUILIANGAZOM"ttC 471•-157 • ADMINISfAM10%A FI\AVCF. - 471735M • YI BLIC wUkKS 473-7159 1551•SSI\(, Mr. Dick Peterson May 28, 1981 page 2 I suggest that you contact Bruce Malkerson, City Attorney (335-9331) for his comments on this. I am also enclosing a copy of Orono's standard private road maintenance agreement which may help you as to format. Please call if you have further questions. Sincerely, .4 . n+. Michael P. Gaffron Septi: Systems Inspector Encl: NA-02622-01 (W-541 (Rev 74) STATE. OF MINNESOTA UEPARTMENr of NATURAL RESOURCES f��C�C�C�C►vl: r11 : IN 51991 APPLICATION FOR PERMIT 'ro WORK IN PUBLIC MAIERS L L ITY OF OROtowN` �.' - ` the o r of 'arid in Government ;at l s S _� print or type appiteant /T J/- V-- A(.4—r.i1 quarter section(s) section(s) township nc (s) rangets'_ 31/�4- 4� (fire nc.,r L,. -^r a rese n!, .oc� 4 - — county(ies; which is riparian to S44� / -(ndvV, .a a or array applies pursuant to Minnesota Statutes Chapter 105 and other applicable statutes for a permit to wort, in the public water(s) named above, accordance with all data, maps, plats, and other information submitted herewith and made a part here.,[ PROPOSAL 1T IS PROPOSED TO: cavate, [Q fill, = construct, L-r remove, .'check) j2r install. J= abandon, or t= other(epecify) THE FOLLOWING: = dam, /= shore -protection, = shoreline, [Q harbor, -;! channel, '1-J bridge, (,-heck) L:7 culvert, v wharf, [::7 obstruction, or = other(ape,•iiy) JUSTIFICATION Explain why thisrproject is needed: � 4F/iN/� e-4411�1,/ tI l L 44,JQ ENVIRONMENTAL IMPACT 1. Anticipate! changes in water and re;ate,', land resources / W.k- 2. Unavoidable but anticipated detrimental effects. "AC, 3. Alternatives to the action proposed: /VUWV PROJECT SITE DATA 1. Describe the type and amou nt of aquatic vegetation present: 2. Describe the natu a of the material beneath the water. �K a 3. Describe the nature of the upland area: G14js 4. Describe type and amount of nearby shoreland development: A144ft/ S. ENCLOSE SKETCH DESCRIBING WATER LEVEL FLUCTUATIONS. ("a instrwetions) ATTACH EXTRA SHEETS IF NECESSARY (continued on rover" side) MA-02622-01 C►mm..eilime Teta1 length (feet) - - - - - - - Longo in lawatremm (feet)- - - settr VWth (feet) - - - - - - - sift SAMP t IPMWO) - - - - - - Average depth (foot)- - - - - - - Gradient (9) - - - - - - - - - - Aaistise (•-s4) COMINIM014 DATA Woo attach ok*Wh or d mp(V) (Rev 74) proposed Alterations alone she" trepeaN Distance along sAoee (feet)- - - - - -- Distance waterward (,let)- - - - - - -�� Thickness of fill material (feet)- - - Depth Of exCAYit►On (feet) - - - - - - D 1. OeseriM type of � ion equipment to he used, if known: �k O 2. Describe location ({no rasp) and characteristics of spoil disposal site proposed, '74- 3. )Would maintenenee excavation be necessary? (ohook) Q YES C311P-N�o Explain e. Volts of material to be removed initially (cubic yards): Awk or silt Sod or gravel (v Rock or stone O ATTAO:Nffs 0 SIS.00 filing fee, Q photographs, Q other 'ffl.vo�iju) Afflitamt declares that information submitted herewith and statements made herein are a true and correct replo mtation of the facts, and that the filing of this appl uati.,n and information with the Commissioner of Natural Resources is prise facie evidence of the orrectnes% rhareof. 0"LlTE APPLICATION SUBM-17ED 10, cl) 0ko 4of city own r to• p ----- Ar, kt _ street a poet Office Lee (Z) 14 14 vmw o .k:t,rrs ie Hatrtct --- (S) Shorela Management Admini tutor I of /✓ — _ County Dated this l J� 'lay of S i tned 4kei 19&— (applioant) Addrrs+ City State � Zip code 5—S71 7i ss. county of AFFIDAVIT Phone ) — on this day, 19�� before me personnally appeared who being first duly sworn a to me known to be thr person wbb ctecuted the foregoing app11catios, acknowledges) that executed the same rs o" free act and deed and that the statements, maps, plans, documents, and other support-ia '^ta are true and correct according to vest knowledge and belief. Count, Ay ;Ono :s;i a..c;.:: _ g `mac --� i-7 ,7 -- MA•02670-01 (Rev 7 STATE OF MINNESOTA (Rev 4) DEPARTMENT ?` NATURAL RESOURCES NOTIFICATION OF PERMIT APPLICATION INSTRUCTIONS FOR THE APPLICANT Miaweaota Statutes, Section 10S.44, Subdivision 1, requires you to supply a complete copy asd all supporting data of your water permit application to the following: A) The chief executive officer of the city or township within which the project is located. B) The secretary of the Board of Managers of the watershed district, if any, within which your project is located or which your project may affect. You MIST certify having served the complete applicd «on on the above in the box on the back side othe application form M-S4. IN ADDITION, if your project is NOT located in a city, a complete copy and all supporting data of the application should be submitted to the Administrator of the Shoreland Manage- ment Program for the affected county. Complete this fors for each notice served on a local government official. SECTION I (TO BE CONP=D BY APPL_ _ANT) TO: A) C,.h�i ,cAccutive officer of the (sham Ly, city, Q township of v)la0 print or t1rpe roans B) Secretary of the board of managers of the a 44 watershed district. print or type none C) Administrator of the Shoreland management program of (K! /*-- county. prr.nt of@ type none FROM: �C Date: C t 19 Tint or Atype ee of app ieant INSTRUCTIONS FOR THE LOCAL GOVERNMENT This report from provides you an opportunity to submit input to the Department of Natural Resources to assist in deciding whether to grant, modify, or deny the requested pen,lit. It is NOT absolutely necessary for local agencies to officially approve or disapprove the project or make any recommendation, although this may be done if desired. It is requested that local agencies indicate the following, as applicable: A. The relationship of the proposed project to local plans for the affected water and related land. B. The relationship of the project to local land use controls including flood plain and/or shoreland regulations. (continued -)r reverse aide; %A-U:O/U- (W-221) ;Rev 'a) C. Any possible effects of the proposed project on the water resource, navigation, fish and wildlife, conservation, pollution, and the general public interest. D. Any recommended modifications in the proposal or other alternative way of achieving the desired objective which would reduce undesirable effects. E. Any pertinent factual data available concerning the water body or the proposed project. F. Reasons for any local objections. Please complete this form and return to the address shown in the lower left corner of this page within 15 days, if possible, or inform the department if additional time is needed. SECTION II (TO BE COMPLETED BY CITY, T00SHIP, WATERSHED DISTRICT Oii COUNTY) The applicant named on the opposite side of this form submitted a copy of his water permit application on 19 It has been reviewed and the following comments are submitted for consideration by the Department of Natural Resources. (Attach additional sheete if neceseary) Dated 19 Gov't Official's name RETURN TO: (pr-:,:t or type) DEPARTMENT OF NATURAL RESOURCES Division of Waters METRO REGION - WATERS 1200 WARNER ROAD ST. PAUL, MINNESOTA 55106 Signature Title Address WANT, It I.F„'T% ( ItARtF+ S HTt.LOM,A .1OltN R (ARROLL .FAME. D OL.0'1* ARt-N1t1ALD SPEN'FER NI,I,r..HT SKAR►: N11Nr.RT CRo%DIV I.EON-ANU M ADDIXESION RODS'NT R HANTH N NAI.TFR (111#%2*1 A1.LFN 1) HAINNAH.1 1211'11ARD A I•FTt HxO\ I11A�H COW MATISNI'x %% \•AK PtrTTFp..IH IA++F•. C DINACLrx I.,•1F • A HORNID BEST K FLANAGA\ ATTORNEYS AT LAN tua(1 11) , CENTER INNEAPOIAS. ,�IINNESOTA .;raou Mr. Bruce Malkerson City Attorney City of Orono 4344 IDS Center Minneapolis, Minnesota June 12th, 1981 55402 RE: McCleary Subdivision, Bayside Road Dear Mr. Malkerson: ItOPt'.RT •1. FNATTt RnflrRT L MT.LLr R. •I/t ( IIARLT% C. g►P'J"I%T SCOTT D. ELLEN (ir.."Wbr. O. Lurx-m/. II1 E Jo%rPR I.AFA`T. tll PATRII'H B. Hr%*%'r%%V o/ COL'Nx6L CT.ONUT !►1•.LONT.T LT4NA RP N. St.NnNET IA,tI 1. BEST 1•w.,r I,MA N"HI HT J FLANAr+Aw In•.r. ,uv� Enclosed is the proposed draft of the Declaration of Private Sewage Treatment System Easement and Declaration of Covenants for Maintenance of same. Please jive me your comments on this. If the Declaration is acceptable we will prepare a final draft. Youre truly, Richard A. Peterson BEST S F'LANAGAN RAP:rys Enclosures cc: Mr. Michael P. Gaffron Mr. James McCleary DECLARATION OF PRIVATE SEWAGE TREATMENT SYSTEM EASEMENT AND DECLARATION OF COVENANTS FOR MAINTENANCE OF SAME KNOW ALL MEN BY THESE PRESENTS: WHEREAS, James McCleary and husband and wife, (hereinafter "the subdivider") are the fee owners of that certain parcel of real estate located in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows: Outlot B, according to the -plat of that name on file and of record n the offer of the County Recorder, in and for Hennepin County; and WHEREAS, the Subdividers now desire to create a non- exclusive private sewage treatment system easement over and across Outlot B, (hereinafter "the easement) for the mutual benefit of Lots and 3, Block 1, NOW, THEREFORE, in addition to any easements created by any other Declaration of Covenants, Conditions, Restrictions and Easements, the Subdividers do by this Declaration for themselves, their heirs, successors and assigns, hereby create a non-exclusive easement for sewage treatment purposes over and across the easement as described above for the mutual benefit of Lots 1, 2 and 3, Block 1 (hereinafter "benefited lots") ; an WHEREAS, the Subdividers are the sole owner of Outlot S and all the benefited lots; and WHEREAS, the Subdividers intend that Outlot B will be conveyed to the owners of the benefited lots as tenants in common subject to this Declaration: NOW, THEREFORE, the above owners, their heirs, assigns and successors (hereinafter referred to as owners or owner) hereby covenant and agree as follows: 1. The owners of each benefited lot shall construct on Outlot B a separate Graywater Mound System in the respective approxi- mate locations shown on the diagram attached hereto as Exhibit "A". 2. Each lot owner shall be responsible for the costs of construction, maintenance, repair and operation of the lot's Graywater Mound System, and for any damage caused to the systems of the other lots caused by such construction, maintenance, repair and operation. 3. No activities shall be permitted on the mounds of the Greywater Mound Systems that might damage the systems. Prohibited activities include, but are not limited to the following: a) Vehicular traffic. b) Digging or excavating except in connection with construction, maintenance and repair. c) Gardening. d) Construction and maintenance of improvements or buildings of any kind. e) Parking. 4. The owners may use Outlot B for and other purposes not prohibited by or inconsistent with this Declaration or local, county, State or Federal law. 5. No improvements may be constructed or made on Outlot B without the consent of all of the owners. The costs of construction, maintenance and repair of any improvement will be paid 1/3 by the owners of each of the benefited lots. 6. Each owner's share of such costs shall be due and payable on the date such posts for construction, maintenance or repair are due and payable to the person or entity rendering an account therefore. Each owner's share of such costs shall bear interest at a rate of eight (8) percent per annum from such due date to the date of payment. Any owner may bring action, on behalf of the non -defaulting Owners, to collect a iefaulting Owner's share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. 7. No Owner may exempt himself from the liability for assessments by waiver of the use or enjoyment of Outlot B or by the abandonment of his Lot. 8. In the event tha; the Owners of each Lot described herein fail to maintain, repair o- replace the Greywater Mound Systems as provided for herein, it is agreed by all parties that the City of Orono may undertake to maintain, repair and replace the Greywater Mound System as provided for herein, and that such actions by the City of Orono will not result in the Greywater Mound System's becoming a public easement, and that each of the Owners will pay to the City of Orono the proportionate cost incurred by the City of Orono within thirty (30) days of the receipt of such charges, or else such charge shall become a lien upon each Lot at the proportion as provided for herein. Said proportionate share is to be determined by dividing the total costs of maintenance, repair or replacement, by the number of Lots set forth above, and that each Owner shall become liable for said proportionate share from and after the date of this Agreement. 9. Each of the Owners of a Lot described herein hereby covenants with each of the Owners of all of the other Lots described herein, and each Owner of a lot described herein, by acceptance of a deed therefore, whether or not it shall be so expressed in such conveyance, shall be and hereby is deemed to covenant with the then owners of all of the other Lots described herein, that he/she/they shall pay promptly when due his/her/their proportionate share of the costs described in the preceding paragraph. The costs described in the preceding paragraph shall be a personal obligation of the person or persons who are the owners of such Lot at the time when such costs were incurred, and said obligation shall not paid to his/her/their successors in title unless expressly assumed by them. 10. Any Owner may delegate his right of enjoyment to the private road to his tenants who reside on a Lot, to the members of his family and his guests and to his invitees. 11. This covenant shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. 12. There may be no amendment to or release of the terms of this easement and declaration, without the prior written cr 'int of the City council or the City of Orono. IN WITNESS WHEREOF, the parties have hereto executed this easement and covenant the day and year first above written. STATE OF MINNESOTA SS. COUNTY OF HENNEPIN James McCleary McCleary The foregoing instrument was acknowledged before me this day of 1981 by James McCleary and husband and wife. Notatry Public Cp4r,- �C�p C3OW I / 000 -41 city of Orono Document Form November 1979 THIS 3 Aty of _ OPEN SPACE EASEMENT wade a d ggtered into this by and between ." heirs, assigns, successors hereina ter co lect ve y re erred to as the Grantor (s)) and the City of Orono. its successors and assigns, a taunicipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee). wITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict and Grantor(s) agree to limit and pre- clude the use, improvement and development, under the conditions and covenants herein contained, the following described Land. in the County of Hennepin and State of Minnesota: outlot A as shown on the plat of Bayside Beach as follows: 1. Grantor(s) hereby covenant and agree(s): A. No structures other than one single family residential dock shall be constructed, erected, or placed upon, above, or ber,?ath the Land including without limitation, principal or accessory buildings, fireplaces, steps, docks, piers, hard- cover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the Land. Persons seeking a building permit for construction of subject dock must submit proof of ownership and combination with a buildable lot within 2000 feet of Outiot A. B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. C. No earth, loam, peat, gravel, soil or any othei natural material or substance shall be moved or removed from the Land and there shall be no grading, dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. d. No so:l, sAnd, gravel or other substance or upon the material as landfill shall be placed, dumps d sLand and no waste, trash or garbage shall. be placed, dumped or stored upon the Land. 1 of 2 E. '.o use steal: be nade of the Land except uses, if any, which kill not change or alter the natural condition of the Land, an:: no use which would tend to change the drainac:, flood control, water conservation, erosion control, soil con- servation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. F. Grantee may enter upon the Land for the purposes of inspectio:i and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. G. Not withstanding any of the above provisions, the Land may be used for agricultural purposes including pasturage of horses consistent with all Zoning Code requirements, therefore, which use may include the erection of fences, corrals and watering or feeding stations for such animals except no b:.'-n, stable shall be permitted thereon without specific written consent of Grantee. 2. This Open Space Easement or any provision contained herein may be released by Grantee but only by adoption of a Resolution to that effect by the City Council. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. The Grantor(s) herein certify that the Land herein descr e� are fr a an clear of all encumbrances except: All the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties ,hereto. STATE OF MINNESOTA) -- s s . COUNTY OF HENNEPIN) ✓ On this day of before me, a Notary Pu is within an o i my and State, personally appeared known td me to e e person s s ribed in an who execute the foregoing instrument, and a nowledged that they executed said instrument as their own free act and deed. State Owed Tam thw hereon: Iatimpt TAl• tnotr,." nt .as drafted by: P.�P11AM, IIAIP, M`. M�1Clt, 11A1'IWAX DUT►, Ltd. .1:1 I1,-r°11 ',Notary u is e O'NEILL J. GRATHWOL 1905•1974 JAMES N '�RATHWOL LOUIS e. 06ERMAUSER ROeERTK.RANDALL JOHN W. HENDRICKSON, JR TIMOTHY O. GRATMWOL KURT D. SCHUMAN AMY M. SILSERSERG GRATHWOL. OBERHAUSER & RANDALL. LTD. ATTOR'NEY3 AND COUNSELORS A T LA W 1421 E WAYZATA BOULEVARD - SUITE 210 WAYZATA MINNESOTA 55391 CITY OF ORIOND P. 0. BOX fife Crystal Ray, Minnesota 55323 Gentlernen: August 28, 1981 11 D gu 1 612 1475.2401 41310 Re: Title opinion Our File: 4113-11 Pursuant to the request of .lames K. McCleary, we have examined the title to the premises situated in Hennepin County, Minnesota, described as follows: 'That part of Lot 22, described as ca nnencing at the Southeast corner thereof, thence North along the East line of said Lot to the Northeast corner thereof, thence making an angle to the left of 131 degrees, thirty minutes and running to an intersection with the ordinary high water line of Lake Minnetonka, thence Southeasterly along said Uri to its intersection with the South line of �;.iid lot, thence East along said latter line to the point of beginning; also Lot 21, all in Auditors Subdivision Ntmlber 203, Hennepin county, Minnesota, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. This examination was based upon a Registered Property Abstract .owering Certificate of Title 481523, dated August 31, 1972, registered in Volume 1595, page 4,91523, in the office of the Registrar of Titles for Hennepin County, Minnesota, last certified to on August 28, 1981, by Title Insurance Company of Nfinnesota, and from such examination we are of the opinion am] find that on said last named (late, Orville E. Keiran aml Flossie A. Keiran, husband wife as joint tenants, were the owners of a good and marketable title, in fee simple to said laml, free aril clear of all encumbrances except the following: 1. Taxes for 1979 aml prior years, paid; Taxes for 1%1 in the arouont of $4, 425.78, second one-hal f, not paid aril in the amount of $541.72, second one-half., not paid. CITY OF (I OW August 28, 1961 Page Two 2. Itie mortgage from said free owners to First National bank of Wayzata, a Minnesota corporation dated August 25, 1972, filed August 31, 1972, Document No. 1043957, which mortgage was given to secure the principal sum of $8,000.00 3. A Contract for Deed fznn said fee owner to James K. McCleary, dated April 14, 1973, filed November 8, 1978, Document No. 1302864 which mortgage was given to secure the principal balance of $68,000.00. Such ownership is subject to the following: a. Rights, if any, of the parties in possession jother than said owner; b. Mechanic's lien rights, if any, for recent improvements upon said premises or property connected therewith; c. Special assessments, if any, which may be levied upon said premises; d. Public zoning, building, or environmental ordinances and regulations; e. Matters which an accurate survey of the property would disclose. We are forwarding a copy of this opinion to James K. McCleary. WLe will retain the Registered Property Abstract in our file. -.Youri) very truly, N. JNG/ejw cc: James K. McCleary TO: Planning Commission FROM: Jeanne A. Mabusth DATE: September 18, 1981 SUBJECT: #589 James K. McCleary, 3445 Bayside Road - Final Subdivision Mr. McCleary has furnished all submittals requested for final plat approval. Staff recommends approval of the Bayside Beach Plat subject to the conditions and findings setforth in the enclosed resolution. MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1981 The Planning Commission met on the above date. The following ATTENDANCE members were present: Chairman Hammerel,Goetten, McDonald, 7:30 PM Rovegno, Jabbour, and Adams. Norman Paurus was present from the City Council. Jeanne Mabusth ant. Thomas Jacobs represented the City staff. Applicant was not present. Adams was concerned about the 10 V AMES MCCLEARY year variance expiration. Staff noted that it would be reason- 3445 Bayside Rd. able to assume that in the future, if the lots werc not built on Final Subdivisior the City would likely follow the same pattern in granting the 0589 variance. Goetten asked if there were any park iedication fees. Mabusth stated that Council waived the park fees. Hammerel moved to approve the McCleary final subdivision subject to the findings and conditions setforth in the staff resolution. McDonald seconded. Vote: Ayes (6), Nays (0). Charles Van Eeckhout was present. Adams wanted to know how the line of the wetland was determined. Van Eeckhout stated that the actual wetland is a meandering line but a straight lire was drawn for simple description purposes. Adams questioned how wide the road was that serves the 7 lots. Van Eeckhout stated the road outlot is 50' wide with a 100' cul de sa- but that the finished road surface would be about 20'. C.E. VAN EECKHOUI 1025 North Brown Preliminary Subdivision 4626 Jabbour noted that Lot 1 lacked the necessary 200' width along the proposed road but since the average lot widths of the remaining 6 lots is adequate and slid not appear a problem especiali;, since there is some 400' of frontage alone; Brown Road. Adams moved to approve the 7 Lot plat of Charles Van Eeckhout in granting a lot width variance to Lot 1 based on the following hardships: 1 - Adequate 465' of lot side yard alone Brown Road 2 - There is adequate width 112' along building line in consideration of the 50 and 30 ft side yard setback. such approval is subject to the following finding: 1 - All lots meet the standards of the City's on site septic code and that each lot meets the lot standards of the RR-lB zoning district. and subject to the following conditions: 1 - City to take underlying road and utilities easements over Outlot A - road outlot 2 - City will require applicant to enter into a maintenance agreement to divide cost of upkeep and maintenance of said road between all seven lots. CITY of OROAN P—t t lffier Ho% We Crystal Flay. M1nnemota :1-M2AeMunu•tpaI (lfticrn (ht the .Viprth Shore of Lake Minnetonka September 23, 1981 James McCleary 4240 Reiland Lane Shoreview, MN 55112 Dear Mr. McCleary: At their September 21, 1981 meeting, the Planning Commission voted unanimously to recommend final approval of the Bayside Beach Plat subject to your completion of the following prior to scheduling the plat for formal action by the Council: 1) Copy of the revised plat, cale 1" = 200' - your surveyor should be advised. /Wt, J 2) A complete title opinion that covers the entire property (as noted on the mylars and listed below). a) Lot 23 and that part of Lot 22, Auditor's Subdivision Number 203, and that part of Government Lot 3, Section 5, Township 117, Range 23, all described as beginning at the Northwest corner of said Lot 23; thence East along the North line of said Lot 23 to the Northeast corner thereof; thence South along the East lino ^f said Lot 23 and its extension to the Northeast corner ci- said Lot 22; thence deflecting to the right 48 degrees a 30 minutes to the shore of Stubbs Bay, Lake Minnetonk< hence Northwesterly along said shore its inter ;tion with the extension South of the West .•.ie of said Lot 23; thence North along the West line of saiu Lot 23 and its extension to the point of beginning, except said Lot 23, ,according to the recorded plat thereof, b) That part of Lot 22 described as commending at the Southeast corner thereof; thence North along the East line of said lot to t.ie Northeast corner thereof; thence making an angle to the left of 131 degrees, thirty minutes, and running to an intersection with the ordinary high-water line of Lake Minnetonka; *hence Southeasterly along said line to its intersection with the South line of said lot; thence East along said latter line to the point of beginning; also Lot 21, all in Auditor's Subdivision Number 203, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the County Recorder (formerly Register of Deeds) in and for said County, HLILDM,&/(1%1\G '157 • H\Iltt%x 11%%,.(I 1')'JSN • 111 HLII %ORKS 4'3-3510 ISSI SSI\t, Page 2 c) Block 7, "Bayside Addition to Lake Minnetonka", according to the recorder plat thereof, The title opinion dated August 28, 1981, submitted to this office covers the following described property: That part of Lot 22, described as commencing at the Southeast corner thereof, thence North along the East line of said Lot to the Northeast corner thereof, thence making an angle to the left of 131 degrees, thirty minutes and runninq to an intersection with the ordinary high water line of Lake Minnetonka, thence Southeasterly along said line to its intersection with the South line of said lot, thence East along said latter line to the point of beginning; also Lot 21, all in Auditors S-_ibdivision Number 203, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of deeds in and for said County. Note that the title opinion excludes Block 7. Thank you for sending the discharge and release dricument for midwest Federal and Loan Association pertaining to the portion of the property described in section (a) as noted above. The City's concern is that the plat shows a dedication of 66' of right of way for County Road 84. The legal description for that described portion of Lot 23 suggests that your ownership goes to the centerline of the road. The opinion should cover that portion of Lot 23 that includes the north 33' of County Road 84 that is being dedicated to the City. 3) The open space easement over Outlot A reflects an interest by Daryl and Pat Carlson. The Carlsons have not signed the open space easement. Not having a complete title opinion of the property, it is difficult to determine if the Carlsons would also have to sign off on the plat. I will retain the open space easement until a title opinion confirms that their signatures are necessary. 4) Payment of a $50.00 filing fee. The deadlines for all mittals for the Council meeting of October are as follows: a) October 14th rr. ig is October 2, 1981 Note: Wednesday b) October 26th me,..ing is October 16, 1981 Please call. my office J.f you have any questions concerning the above request. Please note have sent a copy of this letter to your attorney and your surveyor. Page 3 Sincerely, r Jeanne A. Mabusth Zoning Administrator cc: James Grathwol Gordon Coffin O'NEILL J. GRATHWOL 1905-1974 JAMES N. GRATHWOL LOUIS B. OBERHAUSER ROBERT K. RANDALL JOHN W. HENDRICKSON. JR TIMOTHY O. GRATHWOL KURT D. SCHUMAN AMY M. SILBERBERG GRATHWOL. OBERHAUSER & RANDALL, LTD. A TTORhEYS AND COUNSELORS A T LAW 1421 E WAYZATA BOULEVARD - SUITE 'O WAYZATA MINNESOTA 55391 October 16, 1981 Jean A. Maybusth, Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Our File: 4113-11 Dear Ms. Maybusth: I am enclosing a title union for Lot 23 and a part of Lot 22, Auditor's Subdivis__n No. 203, as requested in your let- ter of September 23, 1981 to .Tames K. McCleary. We have not, at the time of writing, located the abstract for Block 7, "Bayside Addition to Lake Minnetonka", according to the recorded plat thereof. As soon as locate this abstract and have it extended we will furnish you with an additional opinion as to the title to said premises. `_'ours truly, 612 1 475.2401 l "4ES N. GRATM16L 1 JNGrf C.C. James K. McCleary l O'NEILL J. GRATHWOL 1905-1974 JAMES N. GRATHWOL LOUIS B. OBERHAUSER ROBERT K. RANDALL JOHN W. HENDRICKSON, .N TI'.-OTHY O. GRATHWIJL KURT D. SCHUMAN AMY M. SILBERSERG GRATHWOL. OBERHAUSER & RANDALL. LTD. ATTORNEYS AND COUNSELORS A T LA W 1421 E WAYZATA BOULEVARD - SUITE 210 WAYZATA MININESOTA 55391 October 16, 1981 City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 4113-11 612 r 475.2401 Gentlemen: Pursuant to the request of James K. McCleary, we have examined the title to the premises situated in Hennepin County, Minnesota, described as follows: DESCRIPTION: Lot 23 and that part of Lot 22, Auditor's Subdivision Number 203, and that part of Government Lot 3, Section 5, Township 117, Range 23, all described as beginning at the Northwest corner of said Lot 23; thence East along the North line of said Lot 23 to the Northeast corner thereof; thence South r.lonq the East line of said Lot 23 dnd its extension to the Northeast corner of said Lot 22; thence deflecting to the right 48 degrees and 30 minutes to the shore of Stubbs Bay, Lake Minne- tonka; thence Northwesterly along said shore to its intersection with the extension South of the west line of said Lot 23; thence North along the west line of said Lot 23 and its extension to the point of beginning, ac- cording to the recorded plat thereof. This examination was based upon a Registered Property Abstract covering Certificate of Title No. 504558 issued Apqil 24. 1974, registered in Volume 1672, in the office of the Registrar of Titles for Hennepin County, Minnesota, last certified to on September 11, 1981, by Title Insurance Company of Minnesota, and from said examination we are of the opinion and find that on sa ri last named date, .Tames 1_ McCleary was the owner of a good and marketable title, in fee simple to said land, free and clear of all encumbrances except the following: 1. Taxes for 1981 in the amount of $359.88 second one-half not paid on Lot 23, Auditor's Subdivision No. 203 and $74.94 paid on the balance of the premises. City of Orono James N. Grathwol, Esq. Re: James K. McCleary Our File: 4113-11 Page 2 2. A mortgage from said fee owner to Midwest Federal Savings & Loan Association dated April 19, 1974, filed April 24, 197e document number 1105116, which mortgage was given to secure the principal sum of $27,950.00. 3. A Contract for Deed from James K. McCleary and Carolynne McCleary his wife, to Daryl R. Carlson and Patricia M. Rowlette, as joint tenants, dated June 1, 1178, filed March 2, 1979, document number 1319648, which contract was given to secure the principal sum of $32,000.00, and covers Lot 13, Auditor's Subdivision No. 203. 4. The sovereign and governmental rights of the State of Minnesota in the land lying between the ordinary high water mark and the ordinary low water mark of Lake Minnetonka. 5. Such ownership is subject to the following: a. Rights, if any, of the parties in possession other than said owner; b. Mechanic's lien rights, if any, for recent improvements upon said premises or property connected therewith; C. Special assessments, if any, which may be levied upon said premises; d. Public zoning, subdivision, building, or environmental ordinances and regulations; e. Matters which an accurate sitrvc+y of the property would disclose. we axe forw. copy of this opinion to James K. McCleary. We will retain the Registe, perty Abstract in our file. Yours truly, JAMES N. GRATHWOL JNGrf c.c. James K. McCleary O'NEILL J. GRATHWOL 1905-1974 JAMES N. GRATHWOL LOUIS B. OBERHAUSER ROBERT K. RANDALL JOHN W. HENDRICKSON. JR. TIMOTHY O. GRATHWOL KURT D. SCHUMAN AMY M. SILBERBERG GRATHWOL. OBERHAUSER & RANDALL. LTD. ATTORNEY! AND COUNSELONS AT LAW 1421 E WAYZATA BOULEVARD - SU:T. E 210 WAYZATA 1I11NNESOTA 503 November 27, 1981 Jean A. Maybusth, Zoning Administrator City of Orono P.O. Box 66 Crystal tray, Minnesuta 55323 Re: Our File: 4113-11. Dear Ms. Maybusth: 612 1 475 2401 D L9C0j«U\-V/L�!, i DEC - 21981 :'ITY OF ORONO I am enclosing a title opinion for Mock 7, Bayside Addition to Lake Minnetonka. As I understand, tris is the last of the pieces of property covered by the Plat of Bayside Beach. Yours truly, % � 1 /JAMES N. GRATHWOL JNGrf enc. C.C. James McClaary GRATHWOL. OBERHAUSER & RANDALL, LTD. ATTORNEYS AND COUNSELORS AT LAW O'NEILL J. GRATHWOL 1421 F WAYZATA BOULEVARD . SUITE 210 1905-19T4 WAYZATA MINNESOTA 5539. 16121 475-2401 JAMES N. GRATHWOL LOUTS B. OBERHAUSER ROBERT K. RANDALL JOHN W. HENDRICKSON, JR TIMOTHY O. GKATHWOL KURT O. SCHUMAN AMY M. SILBERBERG November 27, 1981 City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Our Client: James McCleary Our File: 4113-11 Gentlemen: Pursuant to your request we have e::umined the title to the premises situ- ated in Hennepin County, Minnesota, described as follows: DESCRIPTION: Block 7, Bayside Add_.tion to Lake Minnetonka This examination was based upon an Abstract cf Title to said land last certified to on November 6, 1981, by Title Insurance Company of Minnesota, and from such examination we are of the opinion and find that on said last named date Orville E. Keiran and Flossie A. Keiran, husband and wife as joint tenants, were the owrers of a good and marketable title, in fee simple to said land, free and clear of all encumbrances except the following: 1. Taxes for 1980 and prior years paid; taxes for 1981 in the amount of $388.40 paid. A mortgage from said fee owners to First National Bank of Wayzata, a Minnesota corporation, dated August 25, 1972, filed September 1, 1472, document number 3968479 Hennepin County Records, which mortgage was given to secure the principal sum of $8,000.00. 3. An unrecorded Contract for Deed in favor of James Mc Cleary. 4. The interest of Carolynne McCleir-, spouse of James E. McCleary. 5. Such ownership is subject to th> following: a. Rights, if any, of the parties in possession other than said owners; City of Orono James N. Grathwol, Esq. Re: James McCleary Our File: 4113-11 Page 2 b. Mechanic's lien rights, if any, for recent innrovei,,tcnts upon said premises or property connected therewith; c. Special assessments, if any, which may be levied upon said premises; d. Public zoning, subdivision, building, or environmental ordinances and regulations; e. Matters which an accurate survey of the property would disclose. We are retaining the Abstract in our file. You? truly, 'JAMES N. GRATHWOL JNGrf TO: Walter R. Benson FROM: Jeanne A. Mabusth DATE: December 9, 1981 SUBJECT: #589 James K. McCleary, 3445 Bayside Road - Final Subdivision At their September 21, 1981 meeting, the Planning Commission voted unanimously to recommend final plat approval subject to findings and conditions setforth in the enclosed staff resolution. The long delay in bringing the subdivision to Council for action was caused by many delays in obtaining the title opinion. The City is in receipt of the complete title opinion. Imo' - City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 1341 A RESOLUTION APPROVING THE PLAT OF BAYSIDE BEACH WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, e::onomic and safe development of land within the City; and WHEREAS, the City Council has cons-dered the application for a subdivision plat ly James McCleary hereinafter referred to as the subdiv'der; and W:?EPEAS, on June 27, 1980, the City of Orono together with the subdivider entered into an agreement in which one of the agreed upon conditions granted the following variances to the standards of the LR-lA zoning district, such variances are valid through June 27, 1990: 1) Lot Area: The LR-lA zoning district requires 2 acres or 87,120 sf of area; the subdivider was granted an average minimum lot size of � acre or or 21,780 sf. 2) Lot Width: The LR-lA zoning district requires a minimum of 200 feet of width; the subdivider was granted a minimum lot width of 75 feet. 3) Street Setback: The LR-lA zoning district requires a 53 foot setback for all structures; the subdivider was granted a 2U foot street setback. 4) Sideyard Setback: The LR-lA zoning district requires a 30 foot setback for all principal structures; the subdivider was granted a 10 foot sideyard setback; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1) Dedication on the plat of drainage and utility easements. 2) Dedication on the plat of right of way for a public road shc,wn as County Road No. 84. 3) Dedication to the City of an open space easement over Outlot A, a substandard lot located in the LR-lA zoning district to be combined with a buildable parcel of land within 2,000 feet, said easement limits the use of the riparian outlot to the construction of one single family residential dock only if a residence exists on the buildable lot described above. s City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1341 4) The creation of a shared commons area shown on the plat as Outlot B, said outlot will contain the following improvements: a) A separate sand/mound berm for the treat- ment of each of the three residences' graywater; toilet wastes from each of the residences shall be collected in holding tanks located on individual lots 1, 2 and 3, Block 1. b) A private driveway will be constructed to serve all three residences; a single, new curb cut will be created on Eastlake Street. 5) Concurrent with the creatic , of this shared commons area, the subdivider has created a non exclusive private sewage treatment system ease- ment over and across Outlot B for the mutual benefit of Lots 1, 2 and 3, Block 1 including a declaration of certain maintenance covenants wherein each of the benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private sewage treatment system. 6) Payment to the City for legal review and filing fees of $50.00. NOW, THEREFORE BE IT RESOLVED that the City Council of the Cit of Orono hereby approves the plat of BAYSIDE BEACH, HAnnepin County, Minnesota; subject to the following conditions: 1) The well/nand pump located on the above described property must_ be filled and sealed prior to the issuance of the first building permit. 2) The existing access to County Road 84 must be removed and ground cover restored at the time of the construction of the shared driveway located in Outlot B. 3) If at any time in the future, any one of the individual sewage disposal systems on Outlot B fails to meet the required standards of the Orono on site septic code, the City will require the immedi-ite replacement and installation of an appropriate sized holding tank. . r 0. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1341 4) The minimum floor level of any building on this property shall be 932.5 feet MSL as required by the Flood Plain Management Ordinance and the State Building Code. All proposed structures and additional improvements must meet the 75' setback from the lakeshore. 5) The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office together with a certified original copy of this Resolution and executed copies of the additional documents noted above. Adopted by the City Council of the City of Orono, Minnesota this 14 day of December , 1981. i William B. Van Nest, Mayor ATTEST: Alberta M. Strom, City Clerk STATE OF MINNESOTA COUN OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting City Clerk of the City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution passed by the City Council of the City of Orono on December 14 , 19 81, approving The Plat of Baysi a Beach on file in the office of the City Clerk, City of Orono. Dated this — (Sell) Alberta Strom, City Clerk 14 day of December — 19 81 REGULAR MEETING OF T11E ORONG COUNCIL, DECEMBER 14, i981 rage Butler moved, Burr secondel-1, to adopt Resolution Ri:SOLUTION #1340* #1340, A Resolution Directing Staff To Issuo A Chaska Marina Li,:ense Commercial jock Licens,2 To Chaska Marina, subject To Conditions Noted Herein For The Period Of September 1, 1981 To Decembor 31, 1981. Motion, Ayes (5) - Nays (0). Butler moved, Hurr seconded, to adopt Resolution C/�EOOLUTIJN 41341* #1341, A Resolution Approving The Plat Of Bayside Sayside Seacii Plat Beach, for James McCleary, 3443 Bayside Road. 3445 Bayside Road Motion, Ayes (5) - Nays (0) . -*sI? Jeanne Mabusth, mooning Administrator, reviewed CJNDITIONA� USE PERMIT with the Cite Council the a_`ter-the-fact conditi)n,il 1965 Tamarack Drive use permit of James Thaxter, 1965 Tamarack Drive. "7644 James Thaxter Mr. Thaxtor was not oresent. Hurr roved, Frahm seconded, to tabl.= the ;ifter- the-=act conditional use permit application of Janes Thaxter, 1963 Tamarack D-rive, subject to Mir. Thaxter providing a flowage and conservat4.on easement bofore January 11, 1982 and authorized staff to issue a violation tag on January 11, 1982 if the easement has not been provided by that ?ate. Motion, Ayes (5) - Nays (0) . The City Council discussed increasing the fees AFTER -THE -FACT FEES for aftar-the-fact applications, and requested staff to review and make recommenddtions to the City Council at a future meeting. Jeanne Mabusth, ''mining Administrator, rcviewod .with SUBDI`IISION the City Council :.he preliminary subdivision request 1917 E. Wayzata Blvd. ref Scott Goldsmith, 1917 East llayzata Boulevard. #653 Scott Goldsmith Mr. Goldsmith was ores,=r.t. Hurr moved, Butler seconded, to approve the request of Scctt Goldsmith for a preliminary subdivision at 1917 East Wayzata Boulevard per the Planning Com.nission recommendations of November 16, 1981, subject to providing a flowage easement over the drainage ravine that floras west and thence south. Motion, Ayes (5) - 14ays (0) . Jeanne M•abasth, Zoning Administrator, reviewed with SUBDIVISION the City Council the preliminary subdivision request of 2710 Walter's Port %an, Michael Pluhm, 2710 Walter's Port Road. T657 Michael Pluhm Mr. Pl.uhm and his attorney were present. (Continued) CITY of ORONNO Control No. 589 gat Office 114t► Mi0Cryar1 HaN. %linne•xuta it 'A*%1univtpa1 Offices Telrphune 4:3 7357 TO: James McCleary 4240 Reiland Lane Shoreview, MN 55112 Copies to: Meeting Date 12-14-81 Notice Date 12-15-81 Variance Conditional Use Permit Subdivision, Preliminary x Subdivision, Final ��k:tit:'x�:�L�:'.';;:r:Yi'c.•.;:':Y.�•�•k:';::-kiY•k�'''�'':,.. i.,.....i''�Y���iY::'•.`.^".::Y�-i�'.:xiY�''�'�Y::ki`."X:';k::•�•�iY :'iY;Y-:: � e... COUNCIL ACTION Vote: 5 For Against Abstention MOTION to approve the plat of Bayside Beach subject to the findings and conditions setforth in the enclosed resolution. The plat and accompanying documents will be filed by the City Attorney's office. You will be contacted by that office if additional information or changes in any of the final documents are requir since many of the signatures were obtained in 1980 ana the current title opinion reflects changes in interests in the property. C7� � �i 7�*� Fy� � •� •n i': •n c i�n C � n .i�� i�iC n � ;Y � � i� � � i�i.i'� ����'�' .T�J��x ��Ti C n k n�•� � n � ��C .i G"�C T if DEADLINE DATE for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). for Work ?ermit for work to begin for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certification of ..ch recording returned to the City by leadline daT:e. _ Certified copies of official City Council Min•=tes may be obtained by contacting the City Clerk. Allow at least three weeks from meeting date. � r JAN 27 DATE- >t�i%si CLOSER _ ACCOUNT NUMBER 101112.3 _ INVOICE NO. 6 5 0 4 8 6 D iy7 WMI- SS?AACT OF TITLE � �i�TA'�IIj •��. ESMIPTION : _ CUSTOMER REF. 9N INV. NO Ld: !1� I�011� :silo tl�. gq .5)W .��.`...... j Z -3 / o l� _ REGIS OWNER'S' MORTGAGOR'S rOR FEE OWNER'S) NAME: AGEE , �S� "AUNTY STATE This is to certi that I have examined the records in the officeofthe Village Clerk, Village of Q_—_, Hennepin County, Minnesota, and find that the 'e above described tract or parcel of land has the follo,,.,ing im;?rovements as indicated by CHECK MARKS: Water Main Main Trunk Sewer Lateral Sewer Storm Sewer Sidewalk Curb & Gutter Street Grading Alley Grading — Street Sprinkling Street Paving Alley Paving Garbage Collection —_ Tarring Street I further certify that according to the records of said office, the following ass-ss- ments appear unpaid. - Kind of Impv't Runs Beginning Original VTotal Amt. Unpaid Amount ,� Subsequent to current Ye84, VUPj NRV.15n I further certify that according to the records of said office, the following improve- rnents are contemplated or pending after having been approved, and are now in the process of planning or completion. Kind of Impv't Approx. date Approx. Cost of Completion of Improvement Dated this C>: ,Q __ day o?red The above Information is consaccura but the Village shall have no liability for errors or missions. Corn letiob) dates and assess �/'Iiage Cler r A�rrj sst. P /msnts for in am Pend g' provements are estlrtiate!. �'rllageor Ci of only and may Okinge substantially before corn 3 03 8 Jf 911. X-1 32 3 41 3k 40, its �F .10 jib 11,9125 47 .15 4c 2 28 (SA) 37 14 3 ,7 y1213, �'.27 L- 20 ' t2l, 5 6 2 16 3 A z 0 4 -3 5 40 ;b 3N5 rA (35T LAKE 11 to 9 21% 34. !S!BPS CITE' of ORONO N+,st IMice Hux W,•t'Lay. Minnrr.,,t,cMunicipal (1lfice, Un the North Shore of Lake .lfinrle•ttr)nka January 11, 1982 Richard A. Peterson Best & Flannagan 4040 IDS Center Minneapolis, MN 55402 .1e: McCleary Subdivision - City File it589 Dear Mr. Peterson: I have enclosed an amended draft of the original Declaration of Private Sewage Treatment System Easement and Declaration of Covenants for maintenance of same. Please contact my office if you have any questions concerning the noted chances. The final draft must be executed by all parties .!ith interest in the subject property as required by the City of Orono to permit the filing of the subdivision. Please send the executed document to the City Attorney's office, Bruce Malkerson, Popham, Haik, Schnobrich & Doty, 4344 IDS Center, Minneapolis, MN 55402. Sincerely, 1: Je nne A. Mabusth Zoning Administrator Enclosure HtItD1\c.LE/IINI\(, 4,i'1,' • tlIU\,tI1\1*1BIif %MRK\ 4-I-j., \\\I \'.I\I. January 28, 1982 _sLLFT) FIw I" Rt�rar- ---q7i �i FEB Mr. Bruce malkerson City Attorney City of Orono -"- 4344 IDS Center Minneapolis, Minnesota 55402 Re: McCleary Subdivision, Bayside Road Dear Mr. Malkerson: Enclosed is the Declaration of Private Driveway and Sewage Treatment System Easement and Declaration of Covenants for Maintenance of Same with tl e changes requested by the City. If there are any comments please call. Yours truly, Richard A. Peterson BEST 5 FLANAGAN f iAaRm DECLARATION OF PRIVATE DRIVEWAY AND SEWAGE TREATMENT SYSTEM EASEMENT AND DECLARATION OF COVENANTS FOR MAINTENANCE OF SAME KNOW ALL MEN BY THESE PRESENTS: WHEREAS, James McCleary, unmarried, contract purchaser, and Orville Kieran and Flossie Kieran, husband and wife. fee owners, and First National Bank of Wayzata, a National Banking Association, Mortgagee, (hereinafter "the Subdividers') are the owners of that certain parcel of real estate located in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows: Outlot B, accor nid g to tNe plat cl that name on file and of record in the office of the County Recorder, in and for Hennepin County; and WHEREAS, the Subdividers now desire to create nonexclusive priv&te driveway and sewage treatment system easements over and across Outlot B, , (hereinafter "the easement") for the mutual benefitf Lots 1, 2 and 3, Block 1, ; NOW, THEREFORE, in addition to any easements created by any other Declaration of Covenants, Conditions, Restrictions and Easements, the Subdividers do by this Declaration for themselves, their heirs, successors and assigns, hereby create a nonexclusive easement for sewage treatment purposes over and across the easement as described above for the mutual benefit of Lo-s 1, 2 and 3, Block 1 (hereinafter "benefited lots") and WHEREAS, the Subdividers are the sole owners of Outlot B and all the benefited lots; and WHEREAS, the Subdividers intend that Outlot B will be conveyed to the owners of the benefited lots as tenants in common subject to this Declaration: NOW, THEREFORE, the above owners, their heirs, assigns and successors (hereinafter referred to as owners or owner) hereby covenant and agree as follows: 1. The owners of each benefited lot shall construct on Outlot B separate indiv:3laa1 Greywater Mound Systems in the rEspective approxi- mate locations shown on the diagram attached hereto as Exhibit "A". 2. Each lot owner shall be responsible for the costs of construction, maintenance, repair and operation of their own individ- ual Greywater Mound System, and for any damage caused to the systems of the other lots caused by such construction, maintenance, repair and operation. 3. No activities shall be permitted on the mounds of the Greywater Mound Systems that might damage the systems. Prohibited activities include, but are not limited to the following: a) Vehicular traffic. b) Digging or excavating except in connection with construction, maintenance and repair. c) Gardening or planting of trees. d) Construction and maintenance of improvements or buildings of any kind. e) Parking. 4. The owners of each benefited lot shall mutually construct and maintain a single common private driveway within Outlot B, which driveway shall not encroach upon or disturb the individual Greywater Mound Systems as described above, and which driveway shall serve to connect public East Lake Street with each benefited lot as the sole vehicular access to each lot. 5. The owners may use Outlot B for any other purposes not prohibited by or inconsistent with this Declaration or local, county, State or Federal Law. 6. No improvements except for the individual Greywater Mound Syste.ns and driveway described above may be constructed or made on Out - lot B without the consent of t.11 of the owners. The costs of construc- tion, maintenance and repair of any improvement except for the individual Greywater Mound Systems will be paid 1/3 by the owners of each of the benefited lots. 7. Each owner's share of such costs shall be due and payable on the date such costs for construction, maintenance or repair are due and payable to the person or entity rendering an account therefore. Each owner's share of such costs shall bear interest at a rate of eight (8) percent per annum from such due date to the date of payment. Any owner may bring action, on behalf of the nondefaulting owners, to collect a defaulting owner's share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. 2 8. No owner may exempt himself from the liability for assessments by waiver of the use or enjoyment of Outlot 8 or by the abandonment of his lot. 9. In the event that the owners of eacn lot described herein fails to maintain, repair or replace the Greywater Mound Systems as provided for herein, it is agreed and understood by all parties that the City of Orono may order such maintenance, repair or replacement pursuant to enforcement of the City's On -Site Sewage Treatment ordinances and that such system failure may require replacement with a sealed holding tank instead of the Greywater Mound System. 10. Each of the owners of a lot described herein hereby covenants with each of the owners of all of the other ]-_:s described herein, and each owner of a lot described herein, by acceptance of a deed therefore, whether or not it shall be so expressed in such conveyance, shall be and hereby is deemed to covenant with the then owners of all of the other lots described herein, that he/she/they shall pay promptly when due his/her/their proportionate share of the costs described in the preceding paragraph. The costs described in the preceding paragraphs shall be a personal obligation of the person or persons who are the owners of such lot at the time when such costs were inc-rred, and said obligation shall not be paid by his/her/their successors in title unless expressly assumed by them. 11. Any owner may delegate his right of enjoyment to the private road to his tenants who rEside on a lot, to the members of his family and his guests and to his invitees. 12. This covenant shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. 13. There may be no amendment to or release of the terms of this easement and declaration without the prior written consent of the City Council of the City of Oronc. IN WITNESS WHEREOF, the parties heve hereto executed this easement and covenant this day of _ , 1982. James McCleary Orv--i _1 r e Kieran Flossie Kieran 3 FIRST NATIONAL BANK OF WAY2ti7-A By Its By Its STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The forgoing instrument was acknowledged before me this day of 1982, by James McCleary, unmarried. Notary Publ c STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1982, by Orville Kieran and Flossie Kieran, husband and wife Notary Pub icl STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN 1 The foregoing instrument was acknowledged before me this dal of 1982, by ,and `"- — Pr'esident and respectively, of First National Bank of Wayzata, a National Banking Association, on behalf of the Association. Notary Public 4 CITY of Ult()NO • + h+a OIflra• itr.% IAi*1•ra,tai Ray, Minne•,++tl (Iffie•r. O;I fin, .`'nrllt Shore 4 Luke' Altnnoonka February 19, 1982 Mr. David Daven •.,rt Lindquist and Vennt,m 740 East Lake Strc_t Wayzata, MN 55391 Dear Mr. Davel.port: This letter is written to confirm that James McCleary has completed all the necessary submittals and complied with all conditions setforth by the City of Orono to allow final plat approval of the Bayside Beach plat. The Council formally approved the plat at their December 14, 1981, meeting subject to the findings ana conditions setforth in the enclosed resolution no. 1341 The plat will b. I by the City Attorney's office as soon as Mr. McClea. oletes the execution of the documant known as Decl )n of Private Driveway and Sewage Treatment System and De ition of Covenants for maintenance of same. Please contact my office if you have any additional questions. Sincerely, J_anne A. Mabusth 7.oninq Administrator 111II1)I\+.A /U11\I. ! , • 0 \11\I\lir�l A 11\1\II !'+ • I'1 )tll a++i1tA� 1' %',"I 1\1\+. WAYNE G POPHAM RAYMOND A. HAIK ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MINISH ROLFE A. WORDEN G. MARC WHITEHEAD BRUCE D. WILLIS FREOE41CK S. RICHARDS G. ROBERT JOH N SON GAR' R. MACOMBER ROBERT S. BURK FREDERICK C. BROWN THOMAS K. BERG BRUCE O. MALKERSON JAMES R. STEILEN JAMES B. LOCKHART ALLEN W. HINDERAKER CLIFFORD M. GREENE OF COUNSEL. FRED L. MORRISON POPHAM. HAIK. SCHNOBRICH. KAUFMAN 6 DOTY, LTD. 4344 IDS CENTER MINNEAPOLIS. MINNESOTA SS402 TELEPHONE AND TELECOPIER 612-333-4600 D WILL -AM KAUFMAN DESYL L. PETERSON MICHAEL O. FREEMAN THOMAS C. D'AOUILA LARRY O. ESPE:L JANIE S. MAYERON DAVID A. JONES SALLY A. JO4NSON LEE E. SHEEHY LESLIE GILLETTE MICHAEL T NILAN ROBERT C. MOILANEN DAVID J. EDOUIST CATHERINE A. POLASKY STEVEN G. HEIKENS JOHN R. WILCOX KATHLEEN M MINOER NANCY J TURBAK JOHN C CHILDS THERESE AMBRUSKO Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 May 21, 1982 Re: Bayside Beach Plat Our File Number 3643-047 Dear Jeanne: 2660 PETRO-LEWIS TOWER DENVER.COLORADO 80202 TELEPHONE AND TELECOPIER 303-825.2660 SUITE 802-2000 L STREET IN W WASHINGTON. D C.20036 IELCI-ONE -0 1ELC:: i; PI[w 202 HE67 ,!S �._�1IR@NU\Y/ I Tj11 � �Lg '; MAY 24W Y OF ORONO Please be advised that the mylar plat and Open Space Easement for the Bayside Beach Plat has been recorded in the office of the Registrar of Titles of Hennepin County. The plat document number is 1466916, the easement document number is 1466917. The Registrar's office does not record city resolutions. The resolution has been presented to the County Finance Division to alert that department to the change in land structure. I will not be returning a recorded easement to you because this is torrens property. The Registrar's Office retains originals of documents filed in that department. Very) truly yours, - L"ncy. Husnik, Legal AsGistant NEH:rj cc: Mr. Louis B. Oberhauser