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CITY OF OROpa
BALDUR PARK PENINSULA
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CITY OF ORONO, MINNESOTA
Land Use Application.
64
t,OCATION OF PROPOSAT, (or
Address
11r,& 1)011 e
Legal Description Lots a1429 *- ��3 lam
APPLICANT NameTel #_qn-- 43-4
Mailing
Address a811
OWNER Name C-,1a� C AWN Tel #y'11-9t�iU
Mailing
Addres6 1-,�ST• S'�__
Present Zoning ZA Present Use
Zoning Ordinance Section Relating to Request
Specify Ordinance Requirements
,TYPE OF REQUEST
v Subdivision $150+$5/Iot
_ Conditional Use $50
Variance $50
Rezoning $250
Riprap $15 ($65)
FEE �k5.0 0 *q %/S
Date Re ' d
By .
Explain your request and reasons for same
.,
VARIANCE required - extent of nonconformity
Lo rea Setback Front_
Width Other, explain
Specify hardships tb% roperty
Side Rear
LI/ SUBDIVISION application V Residential Other, explain
No. of Lots _
VARIANCE required - extent of nonconformity
Lo ea Setback Front Side Rear
Width Other, explain
Specify hardships Eb%jpoperty
v/ SUBDIVISION application ✓ Residential Other, explain
No. of Lots
CONDITIONkLL USE AND OTHER - explain proposed use of property in detail
MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION
(Must be submitted 10 days prior to Planning Commission meeting)
1. Application completed 5.X Certified Property Owner's list of
„'2. Plat map section owners within (300') (*W )- from
3. Certificate of survey of property Hennepin Co. Dept. of Finance
sketch location and setbacks of A-603 Government Center ?4'W 3 z-71
proposal 6.- Stamped, legal sized envelopes(#10)i
4. 0 --plans, -f -applicable pre -addressed to each of the names
on the above lis .
DATE 1- 31-'l`1 Applicant's Signature
DATE Owner's Signature 4__.�.�°
Applicant hereby agrees to provide all information,_xequ•red or requested by
the Zoning Administrator, City Engineer, City Attorney, Planning Commission
and Council necessary to process this application and further agrees to pay
all fees as established by ordinance.
5/76
"`s'` DEPARTMENT OF FINANCE
A-603 GOVERNMENT CENTER
-� MINNEAPOLIS, MN 55487
66
PROPERTY OWNERS LIST
inn rT 61^^ ,co mo _ _Iv
FEE
DESCRIPTION
NAME
TOY PleSEc
ADDRESS
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records of the H-oo i.:'i+.
tn me best a! tv's
ard b0l,,f.
Plat of Survey
for Grry P. meterron
of i4t 3U, Block 1, Brldjr Park
Hernepir. County, Ydrncsota
(-t.
In
Certificate of Survey : '
I hereby certify that this is a true and correct representation of a
su--eey of the boumdaries of :,ot 30, Block 1, "Baldur Park", and the
location cf ad. existIng bail in*;s thereoc. It does not purport to show
other irprovemeatt or encroachments.
t�J i •
t
Scale: 1" = SO' ;,orlon h. Coffin P.e
:ate : ; -78 Suz-v*cr and Pl-riser
c : Ircn =a--Xer tong Lake, Ydmnasota
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47C
MINUTES OF A PLANNING COMMISSION MEETING HELD ON MARCH 12, 1979
Page 8
Mr. Jim Shaw represent
represented the day ca
applying for the day c
the church more than j
Mrs. Cici will have to
which is contingent on
Orono and the State Fi
have 30 children (rati
ages 2-1/2 - 6). The
by the available space
is only 108-2gistere
further information on
meeting when this item
ed the Church and
re center. The Ch
are to be able to
ust on one day a w
be licensed by th
approval of the C
re Marshall. She
o of one adult co
number of children.
Mr. Shaw statt_,a
d members. Staff w
parking, etc. for
will be an action
Mrs. Cici
urch is
utilize
ek .
e State
it-7 of
will probably
ten children)
is dictated
their church
ill have
the next
item.
Mr. Hoppe and his representative, Mr. Dick Hassel,
were present. All lots meet the zoning requirements
of the district. An access permit will have to be
requested from the County highway department. The
road is being requested .as 50'.
Mr. Petersen and Mrs. Olson were present. The
request is for dividing a 2-3/4 acre parcel into
three lots. Due to the flood plain and the 75'
lakeshore setback, tha land has severe building
restrictions. Sewer is available. McDonald
requested that staff research an earlier application
on this property.
Wilson requested the following correction be made:
Page 3, H. R. Johnston - the record should note that
C. Wilson stepped down from voting on this application
as Mr. Johnston is a client of his firm. Hurr moved
to approve the minutes as amended. Motion seconded
by Hammerel. Vote: Ayes (5), Nays (0). Motion
passed unanimously.
Meeting adjourned at 12:18 A.M.
REORGANIZED CHURCH
OF JESUS CHRIST OF
THE LATTER DAY SAI
850 Wayzata Blvd.
#465
DR. KERN HOPPE
950 Sixth Avenue
SUBDIVISION
No.
Sketch Plan Review
#464
-/GARY PETERSEN
1340 Baldur Park
SUBDIVISION
Rd. I
Sketch Plan Review
#466
MINUTES APPROVAL
February 26, 1979
ADJOURNMENT
L—
66
TO: Planning Commission and Council r
FROM: Jeanne A. Mabusth, Asst. Zoning Administrator
DATE: March 7, 1979
SUBJECT: #466. Gary Petersen, 1340 Baldur Park Road - SUBDIVISION
SKETCH PLAN REVIEW - Zoning District LR-IC
The applicant proposes dividing a 2-3/4 acre parcel into three lots
located at the end of the Baldur Park peninsula. The plat is to be
served by a private road to be designated as an outlot. '!'he property
has severe buildi.ig limitations. First, the flood plain (all land
below the 931.5 contour) excludes a large Portion of the buildable
land). Second, the 75' lakeshore setback surrounding the peninsula
places another severe restriction. The property is sewered.
Lot configuration: A three lot division will require many severe
variances to the Code. The property owner, Mrs. Olson, should
include her lot in the plat because of the access road serving the
property. It may be necessary to move southern lot line to gi,re
her house the necessary 10' setback.
Access road: Access road must abutt all the lots in a formal plat.
It appears Lot 1 will be served by a private easement running from
cul-de-sac through Lot 2. The road will require a variance. The
road outlot may be reduced to 20' because of future limited use.
Sewer: Sewer is available. Mrs. Olson must hookup to the sewer
by this summer. Planning Commission must approve three new sewer
units and a possible fourth depending on Planning Commission findings.
PLANNING COMMISSION MEETING - MARCH 12, 1979
Planning Commission felt there was not sufficient dry buildable land
for three lots and to satisfy the 1/2 acre minimum lot requirement.
The 75' lakeshore setback requirement and the flood plain involvement
severely limit development of the property. Staff was advised to
check the project file for the Richfield Bank and Trust, an earlier
subdivision application for the same parcel. The applicants were
to consult with staff to determine a more feasible density and lot
arrangement.
March 7, 1979
Gary Petersen
1340 Baldur Park Road
Subdivision
Page 2
WORK SESSION - APRIL 9, 1979
#466
I have reviewed the Richfield Bank & Trust file and have enclosed
the original plat. Please observe Lots 31 and 32 of Baldur Park plat
were not included. In comparing both plats you will note by including
lots 31 and 32, we have increased them buildable area. For ...tis plat
when I refer to buildable, I mean the area free of the flood plain
and 75' lakeshore setback. There is adequate "dry buildable" land
(all lands located above the 929.4 contour).
A. Lot Configuration - there is adequate buildable area for the two
new lots. A house could easily be built within the unrestricted
area that would not require a setback variance.
B. Access Road - This plat road would fall ui -r a private roadway
classification (3 to 12 residences) requiring a gravel, 5-ton
capacity. A change in the approach is proposed and must be
reviewed by the Public Works Director and City Engineer.
C. Variance - The existing house will require a lakeshore setback
variance. Survey must site actual setback.
Plat road (existing driveway) will require a 75'
lakeshore setback.
D. Public Information Meeting has been scheduled for Monday,
April 23, 1979.
E. Sewer - City must apprcve three new sewer unit hookups.
PUBLIC INFORMATION MEETING - APRIL 23, 1979
Planning Commission should have the following issues resolved before
preliminary approval can be given:
1. Use of Outlot A to be determined.
2. Legal access to property to be clarified. No record of legal
access through Lots 18, 19 and 20. Developer must propose solution.
3. Define specifications for plat road:
a) 5-ton gravel required - should road be paved?
b) cul-de-sac or "T" at end of access road.
c) cul-de-sac easement at end of City road when city road
location is determined.
March 7, 1979
Gary Petersen
1340 Baldur Park Road
Subdivisio.z
Page 3
If .GAFrAj,,t,A!44pH
PUBLIC INFORMATION MEETING - APRIL 23, 1979 (Cont.)
4. Existing buildings - garage and shed
a) shed is within flood plain
b) garage would require a front yard setback if it remains.
PLANNING COMMISSION MEETING - APRIL 23, 1979
Neighbors in attendance noted the plat would involve an increase in
traffic on a road that is badlv in need of repairs. They hoped the
City was aware that the lake is steadily eroding the :oad base and
wondered if the City had plans of rip rapping lake side. If the City
plans to acquire ail of Baldur Park Road who will pay for the repair
and the new construction of portion intersecting Lots 18, 19, 20 and
portion of 21 (lots owned by Theodore Boer, Erling Johnson and Arthur
Gunderson)?
The Planning Commission requested that the plat road be moved to the most
mid point on peninsula and that standards for a City road be required.
In realigliiLlg the road, the variance for 75' lakeshore setback is minimized.
Lot 2 will have a corridor or lip running to the cul-de-sac to satisfy
ordinance requirements.
STAFF NOTE - APRIL 30, 1979
Staff was asked to check the legal access issue with the attorney.
If the City plans to make the remainder of Baldur Park Road a public
road, then the access issue will be resolved by the City. If the
roadway is to remain private, then the developer will be responsible
for resolving legal access. The new plan meets the requirements set
by the Planning Commission. Staff recommends preliminary approval of
plat subject to the following conditions being resolved:
1. Plat road - public vs private
City engineer recommends public - What does P.C. recommend?
March 7, 1979
Gary Petersen
1340 Baldur Park Road
Subdivision
Page 4
STAFF NOTE - APRIL 30, 1979 (font.)
2. Approval of three new sewer units,
3. Shed on Lot ! to be removed upon construction of road.
4. Garage on Lot 3 will require a rear yard setback
variance if it remains.
5. Lot 2 and Lot 3 will not be given setback variances.
6. Existing house will require lakeshore setback variance.
PLANNING COMMISSION MEETING - MAY 7, 1979
The main concern of the Planning Commission was the question of
allowing a dock on Lot 3's southern shore because of the impact
upon the marsh. Mrs. Olson contends that a dock had existed for
years at the most western edge of Lot 3's shoreline. The Commission
reque3ts that an outlot on north shore of plat be created for Lot 3
dock usage. The Planning Commission recommends preliminary approval
subject to the following conditions:
1. Outlot to be created on north shore and designated for
dock use only for Lot 3.
2. Park dedication fee to be determined for two newly created
lots. (Total $880.00 - $440.00 each lot).
3. Plat road to be public and graveled because of environmental
concerns.
4. Lots 2 and 3 will not be given setback variances.
5. Approval for 2 new sewer connection charges (to be paid at
time of building permit)and existing house to be connected
to City sewer by August 1, 1979.
6. Existing shed to be removed by final approval if right-of-way
remains the same. Existing garage to be removed upon issuing
a building permit for Lot 3.
7. The existing house on Lot 1 to be given a setback variance.
March 7, 1979
Ciry Petersen
1340 Baldur Park Road
Subdivision
Page S
STAFF NO.E - MAY 14, 1979
#466
Staff has inspected the southern shoreline of Lot 3 and located a
suitable dock area, exactly where a previous one had existed.
The "dock" site meets the side setback requirements for Lot 3.
STAFF RECOMMENDATION
Staff concurs with the recommendation of Planning Commission but
for two points:
1. We recommend against an outlot on north shore of plat.
To lessen the impact on marsh, we recommend designating the
acceptable dock area on the south shore in the final resolution
for the plat.
2. Upon questioning the Public Works Coordinator, he recommends
that the entire continuation of Baldur Park Road be paved the
width of the existing road through Lot 18 to cul-de-sac. Staff
recognizes the environmental concerns of the Planning Commission
and might suggest the cul-de-sac be placed further east and allow
only gravel driveways to serve the rest of the peninsula.
MINUTES OF A PT_ANNING CO3MMISSION MEETING HET,D ON APRIL 9, 1979
Page 5
Mr. Hussman and Mr. Hansen (Schoell & Madson) were
present. The main concern was the traffic that
would be generated by this project. McDonald
requested staff to get a recommendation from the
police department. It was a general feeling that
the four single family residences as a buffer
would be a good idea. The main discussion was
if an area within the development would be used as a
playground. Ile general concensus was it could be
an asset to the development. The Park Commission
has been asked for their input regarding this issue.
The road will be developed as a public road.
Planning Commission gave conceptual approval as
submitted with the possible addition of a playground
within the development and called for a public
meeting on April 23, 1979.
McDonald left.
Mr. Johnston and Mr. Herfurth were present. It
was stated that the existing garage would need a
variance. The applicant was made aware of the
26' wetlands setback. Mabusth requested that the
16' access easement as shown be vacated and moved
further south. Mr. Johnston was agreeable with
this change. This application has been sent to
Hennepin Soils Department for their review. A
Public Information Meeting has been scheduled
for April 23, 1979..
Mr. Petersen was present. The road is now shown
as a 20' outlot serving three lots. Staff feels
a "T" would probably be the best solution for
emergency vehicles. The applicant did not have
any definite plans for "Outlot A" on the plans.
Planning Commission requested that some decisions
be made regarding the use of the Outlot by the
P---t meeting April 23, 1979 when a public information
r ng will be held. Planning Commission did state
the plat was approved, no building variances
would be granted for Lots 2 & 3. The application is
being reviewed by Hennepin Soils Department.
HUSSMAN INVST, CO.
3660 Shoreline Dr.
P.R.D.
(#447)
10:05 P.M.
HARRISON JOHNSTON
925 Willow Dr. So.
SUBDIVISION
(#457)
t GARY PETERSEN
1340 Baldur Park Rd.
SUBDIVISION/VARIANCE
(#466)
1. ,;1 t..e No-Ih S1,•,-t 4 l.:l,( :"Ir. r., f...., 4a
1 10, 19 9
Mr. John F01i:q» i s t
,ii �kock & Associatr�s
545 Indian M._,I,nd
Way ;c-1ta,
Min i sot•a 55391
Deer 'fr. 11oL:quist:
The Pl;: ,ni og !'c?-. ni ssi c n of Orono is in the pi-o Bess of I"LV i c•.aing
the following appli`.ations:
Hussman Invcstinent Ooi;p.�ny - ..1447
Ri •'hard Ra i c_he - ;`471
Gary Petorscn - 3`h66
Kern Hoppe - A64
Harrison Johnston - #457
Wolsfeld Lake Co. - 14456
Fred Herfurth - Y1434
Ja,ncs Lindsay - #448
Please call with any questions you may have or if you need any
additional information. We await your review.
Sincerely,
Jeanne A. PSabusth
Zoning .V)Winistrat or
JAM: Rh
Enos.
i
t•.,;tip• t, .t' �. _ � i.�tr..fi�•�t<
Mr. t l c,tn ^•c,j k
L'f•'cli �l ltr(►, �. ':t. t �.� r•C1'k fY .�.�SC�Ci.9tfIs
)i : '.—iy 36
S:;It ,1 ,
55113
I will :1.,ti a „t on i'ie roiIt:'t:-iTg ls by nt.xt
1;r..';;t st1.,v, 'i,'iil 18, 1919. Plcase call :.ie if ;ou ncod a•;tii t it nal
infoi ..ation. I think ..,e si-o»!.tu get togettit•r sc:muietirjte at t:he rnd
of the wi-A for site iinsp&ctions of the pr nding applications.
Hope ; (,u groe.
Kern Hctppe - N,64
Harrison Johnston - #457
Wols Feld Lake Co. - i-t456
Fred Herfurth - #434
Ja�-;e.s Lindsay - 1j`448
F_:ss.-an Investment - 1447
Petersen - #466
Richar aiche - #471
Sincerely,
Jeanne A. ''abusth
'caning A,r ':�inistator
J.�M :1, h
OSUNNEWSPAPERS
AFFIDAVIT OF PUBLICATION
LAKE MINNEYONKA SUN
"0 East lake Street
State of Minnesota
County of Hennepin 1
Wayzata, Minnesota
tJcfv,% Q, I.M Srv%
hA n,TruY being duly sworn, on oath says he is and during all times here stated has
been the vow president and printer of the newspaper known as The Lake Minnetonka Sun and has
full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the rnglish
language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square niches. (2) Said newspaper is a weekly and is distributed at least once every
week. (3) Said newspaper has 50% 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 and 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 regularly delivered
to paying subscribers, has an average of at least 75% of its total circulation currently paid or
no more than three months in arrears and has entry as second-class matter in its local post -office.
(5) Said newspaper purports to serve Carver County and the Cities of Excelsior, Deephaven,
Shorewood, Greenwood, Woodland, Mound, Spring Park, Minnetonka Beach, Wayzata, Long Lake,
Orono, Plymouth and that portion of Minnetonka serving School District No. 276 in the County of
Hennepin and it has its known office of issue in the Village of Excelsior in said county, established
and open during its regular business hours for the gathering of news, sale of advertisements and
sale of subscriptions and maintained by the managing officer of said newspaper or persons in
its employ anc ub}ect to his direction and control during all such regular business hours and
devoted exclus.. ely during such business hours to the business of the newspaper and business
related thereto. (6) Said newspaper files a copy of each issue immediately with the State
Historical Society. (7) Scid 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 1 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 notary public stating
that the newspaper is a legal newspaper.
He further states on oath that the printed Public Information_Meeting -1340 Baldur Park Road
hereto altachtd as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for_Une _successive weeks;
that it was first so published on WC-0—the 1 1 day of APri 1 __ 1979
and was thereafter printed and published on every—.__--. -- _to and including
He further states on oath that the printed Public Information Meeting —13 4 0 Ba 1 du r Park Road
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for One successive weeks;
that it was first so published on We d the 11 day of April 0-22
and was thereafter printed and published on every to and including
the day of , 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to -wit:
abcdefghijklmnopgrstuvwxyz
(�
Subscribed and sworn to before me this 1 1 day of April m_U
CAbLE J. LARSON
NOTARY PU9UC - MINNESOTA
HENNEPIN COUNTY
My Commits;on Expires May. 10, 1980
CITY. OF ORONO
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss.
VILLAGE OF ORONO )
I, Jeanne Mabusth, Assistant 'oning Administrator, of
the Village of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Information Meeting
concerning Gary Petersen's proposed 3 lot r?sidential subdivision
of property located at 1340 Baldur Park Road
was mailed to the attached list of property owners.
In Witness Whereof I have hereunto set my hand and seal
this llth day of April , 1979 .
Jeanne A. Mabusth, Zoning Administrator
(Seal)
0
REGULhR 11EE'=ING OF THE ORO:�O COUNCIL, *-AY 22, 1979
1. City_ staff to review the following with applicant:
a) Need for hay bales over fill area
b) Determine amount of fill to conplete grading
plans
c) Grading plans to alleviate ponding area
2. Completion date of August 1, 1979 for entire
project
Council `leeting - flay 22, 1979
Butler moved, Ilurr seconded, to approve the conditional
use permit for Richard Perry, 440 14illow Drive, subject
to the recommendaitons of staff April 30, 1979. Motion,
Ayes (4) - Nays (0).
Mayor Van *lest noved, Paurus seconded, to table the
request for a conditional use permit of Richard
Oliver, 3898 Cherry Avenue, until the next meeting.
(lotion, Ayes (4) - Mays (0) .
Mr. & Mrs. Robert Watson, 2775 Shadywood Road, were
present to explain their request for a variance and
their hardship concerning their application.
flayor Van West moved, Paurus seconded, to approve
the variance request of Robert Watson, 2'75 Shady -
wood Road, hardship being uniqueness of the lot,
(the lot for the building site is 0.66 acre); and
directed staff to submit a resolution at the June 12,
1979 Council meeting to include: no additional curb
cut on City street; the lakeshore is riparian to
adjoining piece of ground; no boat storage in front
of lot; boat to be stored in lagoon; no additional
variances; all assessments and fees to be paid for
proposed house on Tracts B-C-D. (lotion, Ayes (4) -
Nays (0) .
Pace 4
CONDITIONAL USE i'FRf4IT;
440 willow Drive
(Continued)
CONDITIONAL USE PERMIT
3898 Cherry Avenue
#458
Richard Oliver
VARIANCE
2775 Shadywood Road
#462
Robert Watson
Jeanne flabusth, Assistant Building & Zoning Adminis- SUBDIVISION
trator, entered into the record the request for a Baldur Park Roac
preliminary subdivision of Gary Petersen, 1340 Baldur(#466
Park Road, dated May 14, 1979, which states: etersen
Three lot division per survey received April 2G, 1979
One existing house on Lot 1: 0.90 acre
Two new building sites: 0.69 acre and 0.76 acre
Extension of public road to new cul-de-sac
Extension of sewer to all lots
This.proposal has gone through nunerous plan changes.
The Planning. Commission and staff recommend preliminary
approval of the plan provided to you, with the follow-
ing conditions:
(Contiuned)
REGrJLAR MEETING OF THE ORONO COUNCIL, MAY 22, 1979
Page 5
1. Existing driveway to be replaced with new public SUBDIVISION
road and cul-de-sac in center of peninsula. 1340 Baldur Park Road
Right-of-wpy to be dedicated 50' wide with a (Continued)
50' diameter cul-de-sac on end.
Planning Commission recommended caravel surface
because of lakeshore proximity but Public Works
Supervisor and Planner recommend standard 18'
paved surface (to match existing Baldur Park
Road) for maintenance purposes. If hardcover
becomes a concern, the cul-de-sac could be
moved east with longer private driveways beyond.
One common driveway to serve Lots 1 & 2 (and
Lot 3 if cul-de-sac is moved) beyond the cul-
de-sac.
The Council should also consider requiring the
developer to participate in paving the 200+ feet
of gravel road between his property and the end
of paving on Baldur Park Road.
2. Connection of all lots to municipal sewer:
Existing house by August 1, 1979 (deadline for
all existing sewered properties as previously
notified) and stubs provided for new sites.
3. Payment of $225 sewer connection charges for
two new sites with building permits
4. Payment of park dedication fee per schedule.
($440 X 2 = $880).
5. Removal of existing shed prior to final plat
approval and removal of existing garage (Lot 3)
prior to building permit for new house.
6. Completion of the road and sewer improvements
by the developer prior to final plat approval,
or execution of a developer's agreement to
complete the work within one year.
7. Planning Commission recommended the dock location
for Lot 3 to be an outlot on the north side of
the peninsula but staff feels that there is
sufficient room to have a dock on Lbt 3 without
needing an outlot and without needing variances
for dock setback or construction in the marsh.
All lots are riparian.
Council Meeting - flay 22, 1979
Mr. Petersen was present to discuss his plans for
the subdivision at 1340 Balder Park Road.
Mr. Ted Boer, 1392 Baldur Park Road, was also present
and presented the City Council with a letter concerning
the subdivision. (Continued)
CITY of ORONO
Ulf ce Bo: 66 • Crystal Bay, Minnesota 55323 • Municipal Offices Teleohone 473.7357
Mr. Gary Petersen
2811 Westwood P,oad
Minnetonka. Beach,
Minnesota 55361
NOTICE OF CITY COUNCIL ACTION
Control No.
— Variance
Conditional
XX Subdivision,
_ Subdivision,
Date of Meeting: May 22, 1979
Votes: 4 For 0_Against Abstention
466
Use Permit
Prelim.
Final
Date of Notice 5-23-79
Action: Approval: As submitted subject to applicable ordinance requirements
Approval: Subject to conditions noted
XX Deferral: Pending receipt of information noted
Referral: Review by others, as noted
Denial: For reasons noted
NOTES & SPECIAL CONDITIONS: Verification of a road and utility easement
through Lots 17, 18, 19 and 20 to the satisfaction of the City attorney.
Deadlines:_ Variance approval expires one year after the meeting date.
Contact building inspector for required permits.
_ Conditional Use Approval Must be renewed annually.
Exp-' res on
M" t be renewed upon change in
ownership or use.
_ Preliminary Subdivision approval expires after one year of
meeting date.
Contact Zoning Administration for final plat requirements.
_ Final S-uuivision approval expires 6 months after meeting date.
Contact Zoning Administration for filing requirements and
document approval.
_ Deferred items may be declared formally withdrawn if applicant
fails to provide information within one month of meeting
date, or by date specified by Council.
If you desire certified copies of the official City Council Minutes, they
are available frcm the Deputy City Clerk upon review and approval by the
Council.
CITY Or ORONO
NOTICE
The Planning Commission will hold a Public
Information Meeting in the Council Chambers at
1275 South Brown Road, on Monday, April 23, 1979,
at 8:00 P.M. on the matter of Gary Petersen's
application for a proposed three (3) lot residential
subdivision of property located at 1340 Baldur Park
Road.
All persons wishing to
time. Written comments
available for review in
City of Orono
Planning Commission
be heard will appear at this
are solicited. Plans are
the City offices.
JeanfVe A. Mabusth, Zoning Administrator
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April 23, 1979
City of Orono
Box 66
Crystal Bay, Mn. 55323
Attn: Jean Mabusth
Re: File No. 139-466
Plat Review
Gary P. Peterson
Dear Jean,
Otto G. Bonestroo. P.E.
Robert W. Rosette, P.E.
Joseph C. Anderllk. P.E.
Bradlord A. Lembo% P.E
Robert D. Frileard. P.F.
Richard E. Turner. P.E.
Janes C. Olson, P.E.
Lawrence F. Feldtten. P.E.
Glenn R. Cook, P.E.
Keith A. Gordon. P.E.
Thonar E. Noyes, P.E.
Richard W. Foster. P.E.
Rchert G. Sckunkht. P.E.
Mai ran L. Sorvasa, P.B.
Donald C. Buraardt. P.E.
Kenneth R. Meurer, P.E.
Charles A. Erickson
Leo Al. Pa►thkV
Harlan M. Olson
# 0
i-l--: 0-,&- 6
We have reviewed the plat of Gary P. Peterson prepared by G. R. Coffin.
The development of s 40 foot cul-de-sac right-of-way is not adequate
for a cul-de-sac of this length. We would recommend that the turn-
around be moved south and the lot configuration be modified to accommo-
date this change.
The surfaced portion of the cul-de-sac should be 45 feet with the right-
of-way being a minimum of 50 feet.
If you have any questions, please contact this office.
Yours very truly,
BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC.
Glenn R. Cook
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MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 23, 1979
Page 2
The City engineer stated that the sewer and
water capacities are okay; he recommended taking
the drainage and utility easements surrounding
each lot; would require a lot grading plan;
would need more information regarding the proposed
retention pond and storm 1-?t�r retention facilities,
and would also require a drainage easement for the
wetlands to the west on the Tonka Toy Property.
Frahm stated concern regarding the drainage problems
already existing in the neighborhood and the effect
this development would have on this already existing
problem. He was also concerned that the development
was within the required 1,000 foot setback from the
lakeshore at three points.
Hammerel moved to table the P.R.D. application until
further study of the drainage problems and the
traffic impact could be completed, receipt of
recommendations from the Police Department and the
Park Commission, and to give staff time to review
the lakeshore setbacks. Motion seconded by Hurr.
Vote: Ayes (7), Nays (0). Motion passed unanimously.
'► son announced the public meeting. Mr. Petersen
was present as well as Mrs. Olson the property owner.
Mabusth stated ,he had the Affidavit of Publication
and Certificate of Mailing. She also noted phone
calls from: Louis J. Larson, 1396 Baldur Park Road
who had no objections to the proposed plat and
Theodore Boer, 1392 Baldur Park Road regarding the
access road (he was present at this meeting). Other
public in attendance were:
Kenton & Diane Carlson, 3498 North Shore Drive
Mr. & Mrs. Molde, 1428 Baldur Park Road
Jack & Maureen Nyquist, 1432 Baldur Park Road
Jim Werner, 1408 Baldur Park Road
Charles Affias, 1404 Baldur Park Road
Lloyd Stuth, 1412 Baldur Park Road
Arthur Gunderson, 1376 Baldur Park Road
HUSSMAN INVST. CO.
3660 Shoreline Dr.
P.R.D.
Public Info. Meeting
(Cont.) #447
I
/GARY PETERSEN
1340 Baldur Park Rd
SUBDIVISION/VARIANC
Public Info. Meetin
8:25 P.M. - 9:00 P.
(#466)
MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 23, 1979
Page 3
The existing road was the main concern of the public
in attendance. The maintenance of the road ends at
Mr. Boer's driveway, it does not have an appropriate
cul-de-sac, and is eroding. Mr.- Boer did not feel
that the access was a "legal access". Mabusth
stated we would have to have the City attorney
address this issue. The City engineer is advising
that the City make the road public up to the
cul-de-sac. The general consensus was that the
road be moved towards the center with a cul-de-sac
just below the building site on Lot Lot 2 would
have a lip coming down to the cul-de-sac to provide
access for that lot.
Hurr moved to table the subdivision request to give
the developer an opportunity to meet the City
engineer's requirements (repositioning the road to
the center and moving the cul-de-sac to a safer
location), to address the Planning Commission's
concerns regarding hardcover and the 75' lakeshore
setback and to resolve the questions regarding
the legal access. Motion seconded by Hammerel.
Vote: Ayes (7), Nays (0). Motion passed unanimously.
Mr. Oberhauser was present. He felt Wayzata was
taking a wait and see attitude towards the project
as the major impact would be on Orono. The main
problems is that under current zoning, attached
single family dwellings cannot be done in a 1-acre
zone. It was questioned whether the open space
land could be deeded to the units with an easement
granted to the golf course as the Planning Commission
consensus was that they had a hard time dealing with
open space use of golf course lands and would feel
more comfortable with that kind of solution.
The Wayzata City engineer's main concern with the
road was its steepness. The access would be the same
as the Country Club. Mr. Oberhauser did not feel
the lot was suitable for single family residential
particularly pertaining to the views. After much
'discussion, the Planning Commission decided to vote
separately on the issues concerning this application.
r,ARY RSEN
1340 Sur Park Rd.
SUBDIV1SiON/VARIANCE
Public Info. Meeting
(Cont.) #466
WAYZATA COUNTRY CLUB
200 Wayzata Boulevard
SUBDIVIaION/REZONING/
VARIANCE
(#440)
MINUTES OF A PLANNING COMMISSION MEETING HELD ON MAY 75, 1979
Page 2
Mr. Petersen and Mrs. Olson were present. The plan GARY PETERSEN
now reflects the road being moved to the center of 1340 Baldur Park Rd.
the peninsula. No variances are needed for the two SUBDIVISION/VARIANCE
new building sites. The existing cabin and garage (#466)
(Lot 3) will be removed. Due to the lake being
shallow on the south side, the possibili!-y of creating
an outlot on the northeast side for lake access for
Lot 3 was discussed. if this was done, there would
be no access allowed for Lot 3 on the south shore.
Hammerel moved to approve the subdivision conditioned
upon:
1. Public road graveled to City standards.
2. Approval of three new sewer units.
3. Shed and garage on Lot 3 to be removed.
4. Lots 2 & 3 will not be permitted setback
variances for construction.
5. Payment of Park Dedication Fee on the two new
building lots.
6. Creation of Outijt B for lake access for Lot 3
on the northeast shore due to the shallowness
of the lake on the south with the condition
that no access for Lot 3 will be permitted on
the south shore.
Motion seconded by Adams. Vote: Ayes (4), Nays (0).
Motion passed unanimously.
Mr. Touve was present. Also present were Mr. and
Mrs. Walter Hoyle, 4198 North Shore Drive, who were
opposed to the proposal. Their contention was the
garage could be built on the other side ( - he house
without any need for a variance, therefor.:., this
request should be denied. Mr. Touve stated that
Hennepin County Highway Department was reluctant to
give another access to county Road 19 and preferred
that the existing access continue to be used,
however, if the variance was denied by the City,
they would consider the access request. Alternatives
such as moving the garage back 15' or building it on
the other side of the house with a driveway across
the front yard to the existing access or directly to
County Road 19 were discussed. Because the consensus
of the Planning Commission was that there were
JAMES TOUVE
4196 North Shore Dr.
VARIANCE
(#476)
alternatives to the proposal and perhaps the applicant
and the Hoyles could reach a compromise, this item was
tabled until later in the meeting so they could consider
the alternatives.
TO:. Council
�r
FROM: Alan P. Olson, Village Planner
DATE: May 14, 19:'9
#466
SUBJECT: #466 Subdivision - Gary Petersen, 1340 Baldur Park :coad
Preliminary Subdivision Review - May 22, 1979
LR-1C - 1/2 Acre Zone
Three (3) lot division per survey received April 26, 1979
1 existing house on Lot 1: 0.90 acre
2 new building sites: .69 acre and .76 acre
extension of public road to new cul-de-sac
extension of sewer to all lots
This proposal has gone through numerous plan changes as the attached
memo indicates. The Planning Commission and staff recommend preliminary
approval of the plan provided to you, with the following conditions:
1. Existing driveway to be replaced with new public road and
cul-de-sac in center of peninsula. Right-of-way to be dedicated
50' wide with a 50' diameter cul-de-sac on end.
Planning -Commission recommended gravel surface because of lakeshore
proximity but public works supervisor and planner recommend standard
18' paved surface (to match existing Baldur Park Roads for maintenance
purposes. If hardcover becomes a concern, the cul-de-sac could be
moved east with longer private driveways beyond. One common
driveway to serve L-- 1 and 2 (and 3 if cul-de-sac is moved) beyond
the cul-de-sac.
The Council should also consider requiring the developer to
participate in paving the 200 + feet of gravel road between his
property and the end of paving on Ualdur Park Road.
2. Connection of all lots to municipal sewer: existing house
by August 1, 1979 (deadline for all existing sewered properties
as previously notified) and stubs provided for new sites.
3. Payment of $225.00 sewer connection charges for two new sites
with building permits (per standard practice).
May 14, 1979
Gary Petersen
1340 Baldur Park Road
Subdivision
Page 2
rXNAA .1 _
4. Payment of Park Dedication Fee per schedule.
($440 X 2 = $880.00).
5. Removal of existing shed prior to final plat approval
and removal of existing garage (Lot 3) prior to building
permit for new house.
6. completion of the road and sewer improvements by the
developer prior to final plat approval, or execution of a
developer's agreement to complete the work within one year.
7. Planning Commission recommended the dock location for
Lot 3 to be o 3n outlot on the north side of the peninsula
but staff fe, , that there is sufficient room to have a dock on
Lot 3 without needing an outlot and without needing variances for
dock setback or construction in the marsh. All lots are riparian.
COUNCIL MEETING - MAY 229 1979
Council tabled the Petersen -Olson Subdivision application subject to
the applicant resolving the issue of a road and utility easement
through Lots 17, 18, 19 and 20 Baldur Park Road. Staff was directed
to seek clarification on the following: 1) Commitment of City to
maintain shoreline of Baldur Park Road, and 2) City Engineer to
recommend another kind of turnaround to determine a new location
further east for cul-de-sac.
STAFF UPDATE - JUNE 20, 1979
Mr. Petersen has invested time discussing the road access issue
with the affected neighbors (Gunderson, Johnson and Boer) and with
staff. The following solution has been agreed upon.
The "plat" will be extended along the road across the three adjacent
properties which three owners will sign approval on the plat (see
sketch). The cul-de-sac will be moved to the east (south) and per
the June 18, 1979 survey copy. Baldur Park Road will be paved from
the end of the existing paving to the cul-de-sac where a paved
turnaround will be provided. Gravel driveways will extend into the
peninsula, Rip rapping will be installed along the shore to protect
the road.
May 14, 1979
Gary Petersen
1340 Baldur Park Road
Subdivision
Page 3
STAFF UPDATE - JUNE 20, 1979 (Cont.)
This platting and paving will satisfy the neighbors and the City
by assuring a fixed right-of-way and by allowing City maintenance
to extend to the new turnaround. The changes should benefit all
parties.
The road change increases the effective lot sizes: Lot 1 - .69 acre;
Lot 2 - .89 acre, and Lot 3 - .96 acre.
I recommend preliminary plat approval conditioned upon the following:
1. Public road platted across Boer, Johnson, Gunderson and subject
property 24' wide with 50' diameter cul-de-sac and 18' pavement
to match existing. Turnaround to be paved in cul-de-sac per
public works supervisor's approval.
2. Private driveway to extend from cul-de-sac to three building
sites, either as a cared drive as shown, or platted as an
outlot 20' wide ds shows
3. Approximately 200' of rip rapping to be installed along southwest
shore to protect road improvements plus conditions 2, 3, 4, 5,
and 6 noted on my May 14, 1979 memo.
1
Mayor Brad Van Nest
City of Orono
1335 Brown Road South
Crystal Bay, Minn. 55323
TL grff � r
J, �,
A 18 Y7719
CITY. OF, ORONO
Theodore M. Boer
1392 Baldur Park Road
vlayzata, Minnesota 55391
Hay 18, 1979
Reference: Proposed subdivision for Gary P. Peterson of lots 22-29, 31-33, and part of
21, Block 1, "Baldur Park".
For the benefit of the City CouncillIs deliberations on the proposed subdivision, I
respectfully submit certain information for your consideration.
In searching the abstract relating to my property (lots 17 b 18, Block 1), I have
date rained that an easement had been granted to the Village of Orono for purposes of
sewer construction and maintenance. This easement was granted only through a portion
of lot 18. No other easement for any purpose is recorded through the balance of my property.
All property beyond lot 18 has had access only by "trespass on sufferance" across lots 17
& 18. This apparently has developed due to the continual erosion of the south-western
lakeshore of Baldur Park, causing the City of Orono and other property owners to encroach
upon lots 17 & 18.
It is implied by the easement granted the Village of Orono through lot 18, that the Village
of Orono is obligated to "restore and maintain the surface of the ground to approximately
the same condition that existed prior to any- construction". In the six years that I have
resided here, I have observed an absolute minimum of surface maintenance and approximately
ten feet of lakeshore erosion causing a corresponding encroachment on lots 17 b 18.
I wish to protest and do vigorously oppose this creeping encroachment upon my property.
My first and only consideration when informed of this proposed development was, what if
any adverse affect the access would have on my property. Unfortunately, I was not privy to
the developer's plans for the additional traffic that would be generated, contributing to
the continuing degeneration of the access road and possible additional encroachment upon
my property. As it developed, I have since been put to a great deal of time and trouble to
determine the affect, access to this development, may have on the status of my property.
I am concerned by certain information that has been brought to my attention:- Apparently
the majority of the lots in this proposed development have been tax delinquent since 1973,
with forfeiture imminent. Ownership appears to reside in Can -Am Holdings, Inc., and
Richfield Bank b Trust Co. Question? - Has the deprivation of revenue on these lands from
the City of Orono and the County of Hennepin placed an additional financial burden on
neighboring taxpayers these past six years? Corporations and Banks hardly seem qualified to
plead for hardship relief from tax obligations. Is this proposal an exercize in speculative
development that will eventually create ';-rdship and additional financial burden on the
neighboring property owners?
In recent history the outlying properties neither required nor sought easement across my
property. Access has developed purely through encroachment due to lakeshore erosion. Hay I
request that the Council address the question of access,to lakeshore reclamation for
purposes of road -bed development to preclude encroachment on lots 17 & 18; with the total
burden of financial obligations to be assessed against the developer if this proposed
subdivision be approved.
Yours truly,
Mayor Brad Van Nest
City of Orono
1335 Brown Road South
Crystal Bay, Minn. 55323
nnuum
MAY 18 1979
CITY OF. ORONO
Theodore W. Boer
1392 Baldur Park Road
daytata, Minnesota 55391
May 18, 1979
Reference: Pruposed subdivision for Gary P. Peterson of lots 22-29, 3,L-33, and part of
21, Block 1, "Baldur Park".
For the benefit of the City Council's deliberations on the proposed subdivision, I
respectfully submit certain information for your consideration.
In searching the abstract relating to my property (lots 17 & 18, Block 1), I have
determined that an easement had been granted to the Village of Orono for purposes of
sewer construction and maintenance..This easement was granted only through a portion
of lot 18. No other easement for any purpose is recorded through the balanc- of my property.
All property beyond lat 18 has had access only by "trespass on sufferance" across lots 17
& 18. This apparently has developed due to the continual erosion of the south-western
lakeshore of Baldur Parts-, causing the City of Orono and other property owners to encroach
upon lots 17 ty 18.
It is implied by the easement granted the Village of Orono through lot 18, that the Village
of Orono is obligated to "restore and maintain the surface of the ground to approximately
the same condition that existed prior to any -construction". In the six years that I have
resided here, I have observed an absolute minimum of surface maintenance and approximately
ten feet of lakeshore erosion causing a corresponding encroachment on lots 17 & 18.
I wish to protest and do vigorously oppose this creeoing encroaclunent upon my property.
My first and only consideration when informed of this proposed development was, what if
any adverse affect the access would have on my property. Unfortunately, I was not privy to
the developer's plans for the additional traffic that would be generated, contributing to
the continuing degeneration of the access road and possible additional encroachment upon
my property. As ir: developed, I have since been put to a great deal of time and trouble to
determine the affect, access to this development, may have on the status of my property.
I am concerned by certain information that has been brought *_o my attention:- Apparently
the majority of the lots in this proposed development have been tax delinquent since 1973,
with forfeiture imminent. Ownership appears to reside in Can -Am holdings, Inc., and
Richfield Bank u Trust Co. Question? - Has the deprivation of revenue on these lands fro+a
the City of Orono and the County of Hennepin placed an additional financial burden on
neighboring taxpayers these past six years? Corporations and Banks hardly seem qualified to
plead for hardship relief from tax obligations. Is this proposal an exercize in speculative
development that will eventually create hardship and additional financial burden on the
neighboring property owners?
In recent history the outlying properties neither required nor sought easement across my
property. Access has developed purely through encroachnent due to lakeshore erusion. May I
request that the Council address the question of access,to lakeshore reclamation for
purposes of road -bed development to preclude encroachment on lots 17 b 18; with the total
burden of financial obligations to be assessed against the developer if this proposed
subdivision be approved.
Yours truly,
Mayor Brad Van Nest
City of Orono
1335 Brown Road South
Crystal Bay, Minn. 55323
F�JECG��dI�D
CITY OF CRONO
Theodore Y. Boer
1392 Balder Park Road
Wayzata, Minnesota 55391
May 18, 1979
Reference: Proposed subdivision for Cary P. Paterson of lots 22-29, 31-33, and part of
21, Block 1, "Baldur Park".
For the benefit of the City Council's deliberations on the proposed subdivision, I
respectfully submit certain information for your consideration.
In searching the abstract relating to my property (lots 17 b 18, Block 1), I have
determined that an easement had been granted to the Village of Orono for purposes of
sewer construction and maintenance. This easement was granted only through a portion
of lot 18. No other easement for any purpose is recorded through the balance of my property.
All property beyond lot 18 has had access only by "trespass on suff.rance" across lots 17
b 18. This apparentl„ has developed due to the continual erosion of the South-western
lakeshore of Baldur Park, causing the City of Orono and other property owners to encroach
upon lots 17 & 18.
It is implied by the easement granted the Village of Orono through lot 18, that the Village
of Orono is obligated to "restore and maintain the surface of the ground to approximately
the same condition that existed prior to any- construction". In the six years that I have
resided here, I have observed an absolute mitimum of surface maintenance and approximately
ten feet of lakeshore erosion causing a corresponding encroachment on lots 17 b 18.
I wish to protest and do vigorously oppose this creeping encroachment upon my property.
My first and only consideration when informed of this proposed development was, what if
any adverse affect the access would have on my property. Unfortunately. I was not privy to
the developer's plans for the additional traffic that would be generated, contributing to
the continuing degeneration of the access road and possible additional encroachment upon
my property. As it developed, I have since been put to a great deal of time and trouble to
determine the affect, access to this development, may have on the status of my property.
I as concerned by certain information that has been brought to my attention:- Apparently
the majority of the lots in this proposed development have been tax delinquent since 1973,
with forfeiture imminent. Ownership appears to reside in Can -Am Holdings, Inc., and
Richfield Bank b Trust Co. Question? - Has the deprivation of revenue on these lands from
the City of Orono and the County of Hennepin placed an additional financial burden on
neighboring taxpayers these past six years? Corporations and Banks hardly seem qualified to
plead for hardship relief from tax obligations. Is this proposal an exorcize in speculative
development that will eventually create hardship and additional financial burden on the
neighboring property owners?
In recent history the outlying properties neither required nor sought easement across my
property. Access has developed purely through encroachment due to lakeshore erosion. May I
request that the Council address the question of access,to lakeshore reclamation for
purposes of road -bed development to preclude encroachment on lots 17 b 18; with the total
burden of financial obligations to be assessed against the developer if this proposed
subdivision be approved.
Yours truly,
6.
Mayor Brad Van Nest
City of Orono
1335 Brown Rcad South
Crystal Pay, Minn. 55323
n ED" E � W F M
WY � I CT?
CITY OF CRONO
Theodore M. Boer
1392 Baldur Park Road
Wayzata, Minnesota 55391
May 18, 1979
Reference: Proposed subdivision for Gary P. Peterson of lots 22-29, 31- 33, and part of
21, Block 1, "Baldur Park".
For the benefit of the City Council's deliberations on the proposed subdivision, I
respectfully submit certain information for your consideration.
In searching the abstract relating to my property (lots 17 & 18, Block 1), I have
determined that an easement had been granted to the Village of Orono for purposes of
sewer construction and maintenance. This easement was granted only through a portion .
of lot 18. No other easement for any purpose is recorded throw the balance of my property.
All property beyond lot 18 has had access only by "trespass on so_fferanco" across lots 17
& 18. This apparently has developed due to the continual erosion of the south-western
lakeshore of Baldur Park, causing the City of Orono and other property owners tc encroach
upon lots 17 & 18.
It is implied by the easement granted the Village of Orono through lot 18, that the Village
of Orono is obligated to "restore and maintain the surface of the ground to approx m-q..tely
the same condition that existed prior to any- construction". In the aft years that I have
resided here, I have observed an absolute minimum of surface maintenance and aporoxi,..itely
ten feet of lakeshore erosion causing a corresponding encroachment on lots 17 & 18.
I wish to protest and de vigorously oppose this crszping encroachment upon my property.
My first and only consideration when informed of this proposed development was, what if
any adverse affect the access would have on my property. Unfortunately, I was not privy to
the developer's plans for the additional traffic that would be generated, contributing to
the continuing degeneration of the access road and possible additional encroachment upon
my property. As it developed, I have since been put to a great deal of time and trouble to
determine the affect, access to this development, may have on the status of my property.
I as concerned by certain information that has been brought to my attention:- Apparently
the majority of the lots it this proposed development have been tax delinquent since 1973,
with forfeiture imminent. Ownership appears to reside in Can -Am Holdings, Inc., and
Richfield Bank & Trust Co. Question? - Has the deprivation of revenue on these lands from
the City of Orono and the County of Hennepin placed an additional financial burden on
neighboring taxpayers these past six years? Corporations and Banks hardly seem qualified to
plead for hardship relief from tax obligations. Is this proposal an exercize in speculative
development that will eventually create hardship and additional financial burden on the
neighboring property owners?
In recent history the outlying properties neither required nor sought easement across my
property. Access has developed purely through encroachment due to lakeshore erosion. May I
request that the Council address the question of access,to lakeshore reclamation for
purposes of road -bed development to preclude encroachment on lots 17 & 18; with the total
burden of financial obligations to be assessed against the developer if this proposed
subdivision be approved.
Yours truly,
REGULAR ZMETITIG Of THE ORONO COUNCIL, JULY 10, 1979 Page 10
Staff Reconmendation - (larch 26, 1979 SUBDIVISION
950 Sixth Avenue North
Staff recommends preliminary approval of the five (Continued)
lot plat of Kern Hoppe subject to the following
conditions:
1. Submission of entrance permit from Hennepin
County Highway Department.
2. Submission of required.septic testing data for
four lots - Septic Inspector to inspect existing
house's septic system.
1. Developer enter into a Conservation and flowage
Easement with City.
4. Plat road to be reviewed by City Engineer upon
rece i+t of County's report on entrance require-
ments.
Council fleeting - July 10, 1979
Mayor Van Nest moved, Massengale seconded, to approve
the preliminary subdivision request of Kern Hoppe,
950 Sixth Avenue North, per the Planning Commission
recommendations above. Motion, Ayes (3) - Nays (0).
Mr. Alan Olson, City Planner, entered into the SUBDIVISION
record the request for a subdivision of Gary 1340 Baldur Park Road
Petersen, 1340 Baldur Park Road, dated June 20, #466
1979, which states: Gary Petersen
Mr. Petersen has invested time discussing the road
access issue with the affected neighbors (Gunderson,
Johnson, and Boer) and with staff. The followinq
solution has been agreed upon:
The "plat" will be extended along the road across
the three adjacent properties,which three owners
will sign approval on the plat. The cul-de-sac
will be moved to the east (south) end per the June 18,
1979 survey copy. Baldur Park Road will be paved
from the end of the existing paving to the cul-de-sac
where a paved turnaround will be provided. Gravel
driveway will extend into the peninsula. Riprapping
will be installed along the shore to protect the road.
This platting and paving will satisfy the neighbors
and the City by assuring a fixed right-of-way and
by allowing City maintenance to extend to the new
turnaround. The changes should benefit all parties.
The road change increases the effective lot sizes:
Lot 1 - 0.69 acre
Lot 2 - 0.89 acre
Lot 3 - 0.96 acre
(Continued)
I
REGULAR MEETING OF THE ORONO COUNCIL, JULY 10, 1979 Page 11
I recommend preliminary plat approval conditioned SUBDIVISION
upon the following:. 1340 Baldur Park Road
(Continued)
1. Public road platted across Boer, Johnson,
Gunderson, and subject property 24' wide with
50' diameter cul-de-sac and 18' pavement to
match existing road. Turnaround to he paved in
cul-de-sac per Public Works Supervisor's
approval.
2. Private driveway to extend from cul-de-sac to
three building sites, either as a shared drive
as shown, or platted as an outlot 20' wide as
shown.
3. Approximately 200' c, riprapping to be installed
along southwest s.iore to protect road improve-
ments plus conditions 2, 3, 4, 5, & 6 noted on
my flay 14, 1979 memo.
Council fleeting - July 10, 1979
Massengale moved, Iiurr seconded, to approve the
preliminary subdivision request of Gary Petersen.
1340 Baldur Park Road, subject to a "T" turnaround
inside of the cul-de-sac, park dedication fees being
paid, removal of cabin prior to final plat approval,
and developers agreement for road and sewer improve-
ments. notion, Ayes (3) - Nays (0).
Iiurr moved, Massengale sec, 3ed, to approve the VARIANCE
variance request of Charles Peterson, 1505 North 505 North Arm Drive
Arm Drive, subject to a screening fence made of #477
natural materials being installed perpendicular Charles Peterson
to the back lot line. Motion, Ayes (3) - Nays (0).
Mr. Alan Olson, City Planner, informed the City VARIANCE/VACATION
Council that the Planning Commission recommends 2435 Scotch Pine Lane';
approval of the request of Mr. L. J. Whalen, #478
2435 Scotch Pine Lane, for a front yard setback L. J. Whalen
variance of 24' and vacation of a 50' utility
easement, subject to the following conditions:
1. A 20' drainage easement to be granted ai-,d
filed with title of Lot 3, Block 1, Dicon
Addition.
2. Pool to be drained into a tank truck when
required.
Iiurr moved, Massengale seconded, to approve a
24' front yard setback variance for fir. L. J.
Whalen, 2435 Scotch Pine Lane, and to direct
staff to prepare a resolution for a 50' utility
easement vacation, per the Planning Commission
recommendations. Motion, Ayes (3) - Nays (0).
Office Box 66•Crystal Bay, Minnesota 55323aMunicipal Offices Teleohone 473.7357
Mr. Gary Petersen
2811 Westwood Road
Minnetonka Beach,
Minnesota 55361
NOTICE OF CITY COUNCIL ACTION
Control No. 466
_ Variance
Conditional Use Permit
XX Subdivision, Prelim.
_. Subdivision, Final i
Date of Meeting: July 10, 1979
Votes: 3 _ For 0 Against Abstention
Date of Notice 7-13-79
Action: Approval: As submitted s,ibject to applicable ordinance requirements
Approval: Subject to conditions noted
Deferral: Pending receipt of information noted
Referral: Review by others, as noted
Denial: For reasons noted
NOTES & SPECIAL CONDITIONS: Council approved preliminary subdivision
per June 18, 1979 survey and recommendations of the Planning Commission
and staff - see copy of plan attached.
See attached memo for final plat requirements.
Deadlines:— Variance approval expires one year after the meeting date.
Contact building inspector for required permits.
Conditional Use Approval Must be renewed annually.
Expires on
Dust be renewed upon change in
ownership or use.
XX Preliminary Subdivision approval expires after one year of
meeting date.
Contact Zoning Administration for final plat requirements.
_ Final Subdivision approval expires 6 months after meeting date.
Contact Zoning Administration for filing requirements and
document epproval.
Deferred items may be declared formally withdrawn if applicant
fails to Provide information within one month of meeting
date, or by date specified by Council.
If you desire certified copies of the official City Council Minutes, they
are available from the Deputy City Clerk upon -eview and approval by the
Counc i I.
cc: Gordon Coffin
TO: Gary Petersen
FROM: Alan P. Olson, Village Planner
DATE: July 13, 1979
SUBJECT: #466 Subdivision
CONDITIONS OF PR LIMINARY APPROVAL
1. Three (3) lot subdivision per June 18, 1979 survey.
2. Extension of existing Baldur Park Road to a new turnaround on
this property by means of plat extension: includes paving of
road and turnaround and approximately 200 feet of rip rap
shoreline/road shoulder protection.
3. One driveway from public road to serve all three building sites.
4. Connection of all lots to sanitary sewer.
5. Removal of existing cabin (shed) on Lot 3 prior to final plat
approval .
6. Removal of existing garage on Lot 3 prior to or as a requirement
of issuance of building permit for new house on Lot 3.
7. All lots are riparian to Lake Minnetonka and shall have individual
docks located according to ail_ City and LMCD ordinances.
IMPROVEMENTS REQUIRED
1. Extension of municipal sanitary sewer with stubbs provided for
Lots 2 and 3. Owner has been notified that existing house on
Lot 1 is overdue for connecL.*-.c^. Sewer extension must occur as
soon as possible, in no event latter than iui;T 31, 1980.
2. Extension �,f Bal.dur Park Road paved 18' wide to match existing
surface. Termination in a Tee -turnaround. Coordinate size and
design with John Gerhardson - try to save existing trees.
3. Relocation_ of existing private driti,cway beyond t,:ivaround.
Existing driveway to be removed and reseeded. Locate to save
existing trees.
July 13, 1979
Mr. Gary Petersen
Page 2
IMPROVEMENTS REQUIRED
4. Rip rapping of shoreline along Baldur Parr. Road extension per
DNR-MCWD specifications. City permit will be granted upon
approval of plans with no fee required. MCWD permit required.
5. Engineering plans must be prepared (for the above sewer, road
and any drainage work required) for review and approval by the
City Engineer prior to the start of work. All work must be
completed prior to final plat approval, or a developers agreement
must be signed to assure completion no later than July 31, 1980.
FINAL PLAT SUBMITTALS
1. RECORD PLAT drawings in the form of two (2) mylar copies and one
(1) copy reduced to 1"-200'.
Drawing to include:
a) Lot lines located per preliminary survey, June 18, 1979.
b) Extend plat to include 24 ft. min. right-of-way for Baldur
Road along Lots 17-20.
c) Plat turnaround at 50 ft. radius as shown on preliminary
(although do not leave private exceptions as near Gunderson's
part of Lot 21).
d) Plat new driveway as a 20' wide Outlot located as shown except
relocate at turnaround to avoid existing trees.
e) Dedicate turnaround and 24 ft. right-of-way as Baldur Park Road.
f) Dedicate drainage and utility easements:
1) 5' each side of lot lines between lots 1 and 2 and lots 2 and 3.
2) 10' each side of driveway outlot and around cul-de-sac circle.
3) Minimum 20' wide along route of pro,,osed sewer (which may alter
size of driveway utility easement above).
g) Dedicate public waters below contour 929 4 MSL as "Lake Minnetonka".
July 13, 1979
Mr. Gary Petersen
Page 3
FINAL PLAT SUBMITTALS (Cont.)
2. Legal documents required (to be completed in duplicate):
a) Private driveway easements and maintenance covenants.
b) Title opinion addressed to the City. All persons
indicated therein as having property interest shall
sign the plat and all easements affected by such interest.
c) Owners and other with property interest of Lots 17-20
affected by Baldur Park Road extension must also sign plats.
3. Fees to be paid: Total Due - $1,411.00
a) Legal review costs - $50.00
b) Engineering review costs per fee schedule:
Public road extension - $425.00
Sewer extension - $56.00
c) Park Dedication Fee for two new lots (average .85 acre/lot)
2 X $440 s $880.00
PROPOSED SUBDIVISION FOR
o>. cH° GARY P. PETERSON
� 1 \ OF LOTS 22-29. 31-33. AND PART OF 21
1
, F
•' �` ;- ��� ; • �� BLOCK I, " BALUUR PARK 1•
J\� N �14,
44
A# ink
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Telephone 473-7357
CITY of ORONO
Yogi Office Bo: 66 • Crystal Bay, Minnessts 55323 • Municipal Offk=
On the North Shore of Lake Minnetonka
July 24, 1979
2. . Larry Schmidt
A ~ion News Coordinator
I )-TV
South Ninth Street
Minneapolis, Minnesota 55402
Dear Mr. Schmidt:
The property referred to by Mrs. Olson was platted into small
lots, probably in the early 1900's. The property is approximately
two and one-half acres in size and is unique in that the con-
figuration of this piece of land allowed one prime building
site which accommodates the Olson residence today.
There are many problems that surface when an application is
submitted to develop a piece of property that is surrounded on
three sides by water. To name a few, they are:
1. Are the lots dry and buildable? _
2. Will the property conform to flood plain regulations mandated
by the Federal Government?
3. Will the properties conform to City code regulations, Minnehaha
Creek Watershed District, Lake Minnetonka Conservation District,
.and Department of Natural Resources regulations?
4. Is there legal access to allow free movement of emergency and
residential vehicles?
5. Will soil boring testsQsupport the construction of housing on
each lot?
6. Does Mrs. Olson's property contain the only access road?
These are but a few of the many land use problems that arise when
an applicant wants to develop properties.
Mr. Larry Schmidt
July 24, 1979
Page 2
In providing for the health, safety, and welfare of all residents
and in maintaining adherence to existing codes and regulations,
lot lines in situations as this one have to be realigned to
provide for adequate building sites to accommodate a single
family residence. In this particular area, the lake, zne I.tuv%:
plain, geographics, and land configuration prohirIts the develop-
ment of this property into twelve and one-half building sites
as suggested by Mrs. Olson.
Sincerely,
Walter snson
City inistrator
Enclosure
July 2nd, 1979
1340 Baldur Park Road,
Wayzata, Ainnesota
ews Act --on :+1000,
Att'n. Lorry Schmidt,
T:ain City, 55402
Gentlemen:
I own a pieee of property at Lake i4innetonka, 5 miles west of Wayzata.
For 20 years I have entertained kids from Youth for Christ, which Billy
Graham started and other church kids or non church Idds. Also I had
"Pray for Pres. Lixon and America. I fed kids & people that attended.
Also when I had pray for itmerica, Bill Stewart had the Camera Men out
to help along. I had it on TV str tions and people g,,thered around in
boats. Don .,hinple of Youth for Christ -ut up the sound equipment so
it could be heard around the lake. I had matey phone calls thanking me
for that. Also a lot of mail and people that came really enjoyed it.
Bill Stewart sat at my table and said Plezrse Glzdys continue to pray for
America. If you knew ghat I kno you would continue to do jt. -,ve had the
:iar Veterans here ::rith the flags & bugles. tlayme berg sarg "God Bless America."
It was on the TV Statior:s & in the hewspaper. Bill Stewart said the men of the
TY Strtions & the net•rspaper men :.:ould 'help. I called Lill Stewart lz months rgo
and his office said he i•rns in the ruddle east but to call later. This is Gods
property.
I said all that to spy this: I have 122 Lots & approx. 1,750 ft of 1,ak-eshore,
so all the boats were around the point. IV minister Pastor Paul Olson from
Evangel Temple brought people out in the Church bus and chairs alsof he brought.
I thought I would put it up for sale, the lots only, so I could still live in my
home. Orono village would give us 5 to 7 Bldg. sights . But now they have a
different council and they only want to give me 2 Bldg. sights. One of which
is next to my Dining room window and would take the best view at -ray from my property.
I can't affot+d to do that. Then if I sell all my property I can't help lads
anymore or Pray for America or the World. Or continue what Bill Stewart asked
me to do.
If I could use it for th-t nurpose for 2 more years, then sell it , who ever helps
me, I would nay them back or when it is sold to give them some of the profit.
Sorry that the Orono Village changed. h,, husbrnd helped them a lot for many years
for free. I kno:,r th; , wouldn't ha7,nen if he ;-:as living. So I am writing you to
see if you can help as •ou have helped so man;; people. ZHA1,f,S ., :LILLION.
�IFF
J
WCCO W 50 South NMnlh St. M1 polk Wmesoto 55402 • W2) 330-2400
7-6-79
Denr friend:
Here's a letter we received from a
viewer.
Could you help us solve this viewer's
problem? Me'd anprecinte any suggestion,
comment or idea you might have.
One more thing. Please return the enclosed
viewer's letter -- or a copy -- to us along
wittyl our leply.
Be egad ,
h-frry Shmidt
ction Kews Coordinator
I
ii vi '�13 D�
L I ! lu IS
CITY OF ORONO
A CN AM kft
Telephone 473.7357
CITY of ORONO
Post Office Box 66•Crystal Bay, Minnesota 553230Minicipal Offices
On the North Shore of Lake Minnetonka
February 19, 1980
♦'
Mr. Gary Petersen
2811 Westwood
Minnetonka Beach,
Minnesota 55361
Re: #466 Subdivision
Dear Mr. Petersen:
Your subdivision application received preliminary approval from
Council at their July 10, 1979 meeting. The applicant is allowed
one year from the approval date to complete all requirements for
final approval of a subdivision.
Your subdivision should be scheduled for final review and approval
by Council prior to July 10, 1980. Please contact the Zoning
Administrator if you have any questions and to obtain the deadline
dates for submittal of the necessary materials.
Sincerely,
Jea ne A. Mabusth
Zoning Administrator
JAM: kh
Walter R. Benson, City Administrator
r:.OM: Alan P. Olson, City Planner
DATE: August 21, 1980
SUBJECT: Sewer Connection Status
Gladys Olson, 1340 Baldur Park Road
This property is one of only 7 remaining which have not yet connected
to available sanitary sewer (3 of the 7 are not currently occupied).
Legal actions are pending on all properties except this one.
Sewer was available as of July 1, 1968 and connection was required by
ordinance no later than Decembe- 31, 1969 (16 months). Despite
numerous notices, no connectio, has been made. A letter to Mrs. Olson
from the City Attorney, dated May 7, 1979, established a city-wide
deadline of August 1, 1979. Most affected owners complied last year.
Mrs. Olson proceeded to becor--� involved with a subdivision application
by Gary Petersen (#466) which received preliminary approval on
July 10, 1979. The proposal involved sewer extension to serve the
existing house and two new residences. Because of this work, Council
did extend the required sewer connection date from August 1, 1979 to
not later than July 31, 1980, even if the subdivision did not proceed.
It hasn't.
The Peterson preliminary approval has expired and he may no longer be
involved with the property. No imp-•--em -its were made and no sewer
connection has been done. Additi( arning letters were sent to
Mrs. Olson on August 20, 1979, May 80 and :august 12, 1980 advising
that the connection was still requi
Now; the City has received a lette i nother potential developer
(no application is on file) requesting .rther sewer connection delay.
We have received no communication directly from Mrs. Olson at any time,
either before, during or after the 1979 subdivision reviews nor since
she 1980 warning letters. Talking with Mr. Westerlund today, I find
that he does not yet even have a purchase agreement.
While 1 agree in principle that the sewer connection is best made as
part atsubdivision improvements, there is clearly no proof that
subdiv�jion of this property is any closer now than it was in 1968.
Therefore, I recommend against another exten )n.
The only way that I could recommend granting extension would be if
Mrs. Olson provided a signed agreement promisi.ig to install the work
within a year, backed by a letter of credit sufficient to cover 100%
of the costs, probably at least $5,000. If this is not provided before
September 1, 1980, I would expect to issue citations as has been done
in all other similar situations.
Westerlund was advised of the above today. He will try to get a letter
from Mrs. Olson by Monday.
Al,qust 19, 1980
City Council
City of Orono
Crystal Bay, MN
Ladies & Gentlemen:
We are currently working with Mrs. Gladys Olson who owns the property on
Baldur T .rk, part of lot 21 plus lots 22 through 33, Baldur Park per the re-
corded at. Mrs. Ol:,jn has been nctif ied of possible legal action being
taken i inLt her to induce connection of her residence to the city sewer.
Because. of our involvement with Mrs. Olson, I contacted Mr. Gaffron to re-
quest a delay of any possible legal action. At Mr. Gaffron's suggeftion,
we are asking the council to temporarly defer legal action against Mrs. Olson.
It is o-L intention to present a plan to the city in the near future for
the development of the property In this plan, Mrs. Olson's residence will
be removed. Therefore, any sewer connection to the residence ,.ju"d be
wasted plus plar:,!ment (` the sewer line would probably not fit the new
development plan.
If we can provide you with any additional information, please notify us.
rorely,
y W. Westerlund, resident
All ed Townhouse Construction, Inc.
KWW/dl
cc: Gladys Olson
Designers o Builders o Reps
Suite 220 416 Hennepin Lost Minneapolis Minnesota 55414 612 0 379 7750
TO: Building & Zoning Staff
FROM: Alan P. Olson, Village Planner
DATE: August 22, 1979
SUBJECT: Review and collect development fees before final approval
or with development agreement.
-a
#408 Graydon McCulley, 4605 Watertown Road - Road signs: plus
#405 Frank Routson, 280 Leaf Street - legal, engineering, signs?
#428 Ken Chapman, 2695 Shadywood Road - legal, engineering
#439 Enervest Builders, 325 West Lake Street - engineering, staff insp.
#449 Steven Valek, Tonkaview Lane - engineering, signs, legal
4457 Harrison Johnston, 925 Willow Drive South - engineering, legal
`_#466 Gary Petersen, 1340 Baldur mark Road - see notice
#471 Richard Raiche, 2901 Watertown Road - see notice
All new charges to be fees (not escrow) based upon existing schedule
and to be paid with preliminary subdivision application.
CITY of ORONO .
Control No. 466
Post Office lion 66*Crystal Bay, Minnesota 5.5,323•Municipal Offices
Telephone 473.7357
Ilia
Mr. Kaye Westerlt Ld
President
The Studio - Suite 220
415 Hennepin East
Minneapolis, Minnesota 55414
Copies to:
Meeting Date August 25, 1980_
Notice Date August 27, 1980
Variance
Conditional Use Permit
Subdivision, Preliminary
Subdivision, Final
XX Sewer Status
Mrs. Gladys Olson
Mr. Michael Gaffron
nA;�t�'c�c'c�c�k-k *�Y�hlk�k ;C9; �k�k�k�k�rksF�t�k�r-k��c�hk�c�F�r�*�'c7Y�k�Y�c�c�r�c�Y�ht�t�rk�c�k k�Y•lc�hfr�9rk�hk��k�k�'k�k�c�Y�k �k�k�k�k*�
COUNCIL ACTION Vote: 4 For 0 Against Abstention
MOTION Council tabled your request for review at the September 15, 1980
meeting. As I discussed with you on August 26, 1980, a sewer service stub
provided to the Olson property, Lot 21. I suggest that you make arrangements
for service to the existing house fur the interim because from the Council
discussion on August 25, 1980, I do not believe that any further time
extension is likely.
k�eie�Y�Y�Y�c-k�ti:; -': �'c:: �'e�c��e�'e:c•.::c�:; zY�'1--1c�;-:c � ;'c:; J:�c�r � ��c�'c��'csY�'; �r•'ksY�c k� � �4c'xs����k sty'r�'r�r�l k�'c�: �Y•k�e�'e�ck�'c�Y*�Y�cs'e�e�k9es'k�'r�eh�k
DEADLINE DATE September 8, ] 980
XX for submittal of new information (application may be considered
formally withdrawn if information or explanation is not provided).
for Work Permit for work to begin for work to be
application completed
WORK PERMITS ARE REQUIRED - contact Building Ins. ,_or before beginning
work.
VARIANCE APPROVAL is limited tc 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 such
recording returned to the City by deadline date.
Certified copies of official City Council Minutes may be obtained by
contacting the City Clerk. Allow at least three weeks from meeting date
EXHIBIT ---
REGULAR,MEETING OF THE ORONO COUNCIL, SEPTEMBER 15, 1980 Page 6
Mayor Van Nest moved, Hurr seconded, to table until NORTH SHORE MARINA
the October 14, 1980 Council meeting the North Shore (Continued)
Marina 1980 license to allow for staff review of the
conditions as outlined in the proposed resolution.
Motion, Ayes (5) - Nays (0).
Mrs. Ellis, Mrs. Hartmann, Bill Reese, and Mrs. WALTER'S PORT
Nelson were present.
Mr. Richard Crist, 2699 Kelly Avenue, was present
to discuss his rip rap permit commenting that we
all agreed to a new plan at the August 11, 1980
Council meeting. Mr. DeGregory is not in favor
of rip rap and will not sign the agreement. I did
not receive Mr. Hartmann's nor Mr. Reese's signatures
either. This is a hi4hly volatile situation. In
1979, there were sever, in favor and one abstained, now
we have a serious problem. Several homes have storm
water problems. I am requesting permission to rip rap
my property.
Jean Nelson: We cannot sign anything until the lawsuit
is settled.
Mrs. Hartmann: Rudy will not sign because Mr. Crist's
request is not part of our project.
Jean Nelson: We want a City engineer to give us
opinion on storm water runoff. We are willing to
pay for our own water problems.
Bill Reese: We have water standing on our.properties
at all times.
Mayor_ Van Nest moved, Butler seconded, to amend the
August 11, 1980 Council minutes removing hold har--"ass
and signing off on agreement by a majority of mcmoers
of the association as a condition to constructing
rip rap and seawall. Motion, Ayes (5) - Nays (0).
i
Alan Olson, City Planner, reviewed the August 25, 1980-/SEWER CONNECTION
Council action for Gladys Olson, 1340 Baldur Park Road. 1340 Balciur Park Road
Mi. Ray Westerlund and Mrs. Gladys Olson were present Gladys Olson
to discuss the sewer availability of their property.
Alan Olson commented that Mrs. Olson has agreed to
connect to the City sewer if her original plan does
not succeed by June 1, 1981.
Butler moved, Hurr seconded, to approve a final
extension of the deadend line to cc:-:1-c:t to municipal
sewer allowir plicar,t sufficient time to prepare
a development iposal subject to:
(Continwed)
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 15, 1980 Page 7
1. The property --gust be connected to municipal SEWER CONNECTION
sewer not later than June 1, 1981, whether or (Continued)
not any development occurs.
2.. Prior to September 30, 1980, Mrs. Olson must
sign a letter to the City agreeing to make the
municipal sewer connection before June 1, 1981
as above.
3. Prior to September 30, 1980, Mrs. Olson must
provide financial security to back the above
promise in the form of an irrevocable letter of
credit, or a performance bond, in an amount of
$5,000. Such security must be in a form acceptable
to the City.'
4. Prior to October 31, 1980, the existing drainfield(s)
must be deactivated with the septic tank outlet
sealed. From that point until the sewer connection
is made, the septic tanks will act as holding tanks
and must be regularly pumped. Work permits must be
secured at the City and an inspection made to assure
the completion of this cond;tion.
Motion, Ayes (5) - Nays (0).
Steve Quincey, City Engineer, presented the attached BID TABULATION
letter to the City Council concerning the sanitary LS-1980-1 & 2
sewer improvements for Minnetonka Bluffs, West Ferndale
Road, Orono Lane, County Road 15, and North Shore
Drive, dated August 26, 1930.
Letter - Page-- 8
Steve Quincey, City Engineer, presented the attached
report concerning the bids for the LS-1980-1 & 2
project received September 14, 1980.
Bid Report. - Pages 9 & 10
Steve Quincey, City Engineer, presented the attached
letter concerning the bids for LS-1980-1 & 2.
better. - Pages 11 & 12
Telephone 473.7357
CITY of ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
September 17, 1980
Mr. Kaye Westerlund
President
The Studio - Suite 220
416 Hennepin East
Minneapolis,
Minnesota 55414
Re: 1340 Bohns Point Road - Sewer Connection
Dear Mr. Westerlund:
On September 15, 1980, the City Council agreed to one final extension
of the deadline date for connection of this property to municipal sanitary
sewer for purposes of allowing you time to prepare a development proposal,
subject to the following conditions:
1. The propert, must be connected to municipal sewer not later than
June 1, 1981, whether or not any development occurs. ,
2. Prior to September 30, 1990, Mrs. Olson mus, sign a letter to the
City agreeing to make the municipal sewer connection before
Jurte 1, 1981 as above.
3. Prior to September 30, 1980, Mrs. Olson must prov2�- financial
security to back the above promise in the form of �i- r- evocable
letter of credit, or a performance bond, in an amount of $5,000.
Such security must be in a form acceptable to the City.
4. Prior to October 31, 1980, the existing drainfield(s) must be
deactivated with the septic tank outlet sealed. From that point
until the sewer co,-,--;tion is made, the septic tanks will act as
holdinq tanks and must be regularly pumped. Work permits must be
secured at the City and an inspection made to assure the completion
of this condition.
Failure to provide the agreement and security by September 30, 1980,
will result in the City staff instituting enforcement procedures for
immediate sewer connection this fall.
September 17, 1980
Mr. Kaye Westerlund
Page 2
As I have said to you before, the City staff agrees that it will be more
efficient to design and install a sewer system to serve a complete
development and we will work with you toward that end. This ideal
situation, however, cannot obscurs the fact that sewer has been provided
to the Olson property fo= over '1 years and that all sewer -served
properties are required by law be connected regardless of fut.ire
development potential. We look .00ward to your early application for
development plan review.
Sincerel ,
. O son
V lage Planner
APO:kh
cc: Mrs. Gl�'.ys Olson
Mr. Walter Benson
Telephone 473.7357
CITY of ORONO
Post office Pox 6beCrystal Bay, Minnesota 553230Municipal Offices
On the N, -11, Shore of Lake Minnetonka
October 1, 1980
Mr. Gaiy Petersen
2811 Westwood Road
Minnetonka Beach,
Minnesota 55361
Re: v,166 1340 Bzldur Park Road -- Subdivision
Dear Mr. Petersen: -
A review of the C;i.. 's zoning files indicates no activity on the
above captioned application for over a year. For your information,
this case file has been closed and any further reviews or appro-als
will require a completely new application.
Sincerely,
Jeanne A. Mabusth
Zoning Administrator
JAM:kh