HomeMy WebLinkAboutProject PacketCITY OF ORONO - :'ARIANCE APPLICATION
Initial Application Fee $175.00
( $50. 00 per each additional variance)
Renewal Variance Fee $100.00
(no change from original application)
After-th,--Fact Fees (Double application fee)
-----------------------------------------------------------
PROPERTY LOCATION
Site Address 3 % ]0 ( O110
Property Identif ication Number (P. I. D. ) Ot - 11 7 - Z-J 2(f U 10o
utc3
.�GGr1 TL i i
o.
Attach regal description to applivati-)n if not included on
required survey.
---------------------------------------------------------------------------
APPLICANT Phone (home)
Name S+R J (yLk. ^%LV Phone (work) �� 0
-----Address: - 7- `)---n4 -C-�-City_ _OilU-------Zip: SS- --
OWNER (if different than applicant) Phone (home)
Name Phone (work)
Ad ?ress:
City:
Zip:
Date Property Acquired (month/year)
I (do) (do not) also own the adjacent parcels of land.
---------------------------------------------------------------------------
PRESENT USE OF PROPERTY
Presen' Zoning District
Present Use of Property _ Residential
Other (specify)
---------------------------------------------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost SLc. 11v- rOW
Describe request in detail:KY.(
1( >¢c U-• cl
VARIANCES REQUIRED
Lot. Area Lot Width Hardcover
Setback Variances ( Front Side Rear)
Other
HARDSHIP
Describe undue hardship or practical difficulty resulting from strict
enforcemeltnt o ` zoning regu`lat/ions : !��,,, A( 7,141.cKl
----------a
---- — — (L c` --C r-- -- --- i ---`1 ------c,----------------------------------
--
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements: 4'tx Lt..,+':a , % Vta Nc1 4g1, -k4 fLyn.•r'y S L-1 r
------------------------------------J------- -------------------------------
REQUIRED SUBMITTALS
1.
Completed Application Form
2.
Certified Property Owners List of owners within 150' (you
must obtain
this list from Hennepin County Department of Finance A-603
Govt Center
348-3271).
3.
Plat Map (obtained with property owners list).
4.
Certificate of survey (signed by a licensed surveyor)
to include
hardcover calculations as required.
5.
Topographic survey (existing and proposed elevations) if
any changes
in existing grade are proposed.
6.
Sketches or plans of floor and elevation views.
7.
As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
8.
Additional items as may be requested by City staff.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR
A WORDING COPY (1.10 X 170 OR SMALLER) FOR ALL DOCUMENTS SUBMITTED.
---------------------------------------------------------------------------
The Applicant and Property Owner must sign this application. Please
remember that your variance application is not complete if the above
information has not been included.
--------------------------------------------------------------------------
Certification by Clerical Department that Variance Application is complete.
Initialed by Clerical Staff: Date
---------------------------------------------------------------------------
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by tie Zoning Administrator, agrees to pay additional fees (staff
time not covered by original fee payment) and/or consultant expenses
incurred in review of this application, and certifies that the information
supplied is true and correct to the best of his/her knowledge.
Applicant's Signature Date
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agen`s, Commission members, and Council members for purposes of investiga-
tion and verification of this request.
Owner's Signature Date
Applicant must have all submittals into the City offices 25 days before the
Planning? Commission Meeting. Planning Commission Meetings are held on the
third Manday of each month. Applicants must be present at all scheduler]
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building & Zonino
Office of this change prior to the meeting.
i
V J
CITY OF ORONO - GENERAL LAND USE APPLICATION
---------------------------------------------------------------
PROPERTY LOCATION
Site Address 3 ] 7() ( f,), _1 c4Lj} s n ✓avt �� S 5 3,5 (<,
Property Identification Number (P.I.D.) -II ' 2 Z i UIU0
0 1 T�
Please attach legal description to application if not in,
«77
on required survey. ,'� 15t•.X
--------------------------------------------------------------►`_-��---
APPLICANT Phone ( home ) `� �� ✓ jf r,;i��T
Name SIRy(z GC1 ✓d i,,�,/ Phone (work) ) 3 J0 .5 2 *3
Address 3 772 "'x,See city O, vovt L) zip
----------------------- ---------------------------------------------------
OWNER (if different than applicant) Phone (home)
Name Phone
Address
City zip
Date Property Acquired (month/year)
I (do) (do not) also own the adjacent parcels of land.
---------------------------------------------------------------------------
FEES - CONDITIONAL USE PERMITS -
Renewal Fee - 1/2 Current Fee
After -the -Fact Fee - Double Current Application Fee
$ 50.00 For each variance request with CUP application
$125.00 Residential accessory Use
$150.00 Institutional (church, school, etc.)
$150.00 Guest House/Guest Apartments
$150.00 Duplex Credit/Bldg
$250.00 Commercial/Industrial Use
$200.00 Land Alteration
Grading and filling - designated wetland or floodplain
Grading and filling - 101 cu. yd. or more
Grading, seawall, retaining walls within 75' of Iakeshore
PRD/PID - see fee schedule
OTHER APPLICATIONS
$200.00 Commercial Site Plan Review (+ co:isultart fees)
$250.00 Vacation
$175.00 Easement Vacation
$ 50.00 Easement "acation With Subdivision
$250.00 Rezoning (PUD - refer to fee scheduler
r $100.00 Appeals
Other - see fee schedule
PRESENT USE OF PROPERTY
Present Zoning District
Present Use of Property L- Residential
Other (specify)
----------------------------------------------------------------------------
DESCRIPTION OF REQUEST 11 1
Describe request in detail: / L.4 w, Lt f ti
---------T------------------------------------------------------------------
REQUIRED SUBMITTALS
1. Completed Application Form.
2. Certified Property Owners List of owners within 350' (you can obtain
this list from Hennepin County Department of Finance A-603 Government
Center 348-3271).
3. Plat Map.
4. Certificate of survey (signed by a licensed surveyor).
5. Topographic survey (existing and proposed contours) if and
alterations involve changes in elevation (grades).
6. Construction plan, if applicable (see staff for requirements).
7. As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR
A WORKING COPY (11" X 17. OR SMALLER) FOR ALL DOCUMENTS SUBMITTED.
---------------------------------------------------------------------------
The applicant and Property Owner must sign this application. Please
remember that your application is not complete if the above information has
not been included.
---------------------------------------------------------------------------
Certification by Clerical Department that Land Use Application is complete.
Initials of Clerical Staff: Date
---------------------------------------------------------------------------
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pav additional fees (staff
time not covered by original fee payment) and/or unusual expenses incurred
in review of this application, and certifies that the information supplied
is true and correct to _ne best of his/her knowledge.
Applicant's signature �._:, = ,r t,1 Date 5k f `1
OWNERS SIGNATURE
The owner hereby acknowledges and agrees to this application and further
authorized reasonable Pntry onto the property by City staff, consultants,
agents, co;;imission members, and Council members for purposes of
ir-�estigatiois and verification of this request.
Owner's signature Date
---------------------------------------------------------------------------
Applicant must '.lave all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at al I scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and advise the Building i Zoning
Office of this change prior to the meeting.
DA,rA PRIVACY ADVISORY
In accordance with M.S. 15.165, "Rights of subjects of data",
we would like to inform you that your request for a permit or
license fr3m the City of Orono or any of its departments may
require you to furnish certain private or confidential inform-
ation.
You are notified that:
1. The information you furnish will be used to determine
your qualification for the permit or license requested.
2. You may refuse to supply data, but refusal may require
that the City deny the permit or license.
3. The information may be shared with other local, state
or feZeral agencies to the extent necessary to process
the permit or li,:ense.
If your requested permit or license regires council
acticn to approve, some information may become public.
S. You have certian rights under M.S. 15.165 to review
private data on yourself.
6. Your full name, and date of birth are required to process
this application or permit.
First H dale Last
7
Ad d r ss
Date o birth (aoesrnot apply to building{general permits)
y 7 2- G'
Phone
I understand my rights a5 �tated above.
X
Si(i i ature
513.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individuals on whom the data is
stored or to be stored shall be as set forth in this section.. =;
Subd. 3. Information required to be given individual. An individual asked to
supply private or confidential data concerning himself shall be informed of: (a) the
au-aose and intended use of the requested data within the collecting state agency,
political subdivision, or statewide system; (b) whether he may refuse or is legally
required to supply the requested data; (c) any known consequence a-is:ng from his
supb•; state or federal or refusing to supply private or confidential data; and (d) the identity of
othe- pe -sons or entities authorized l law to receive the data. This .
requirement shall not apply when an individual :, asked to supply ir.ves::ga:ive data.
p,,rsuan; to section :3.63, subdivision 5, to a law enforcement office..
The commissioner of revenue may place the notice required under ..s
subdivision :n the :ncwicua? :ncome tax or property tax re:und :nst-uc:tons :nsteac of
on :nose . orms.
Subd.3. Access to data by individual. Upon request to a responsible
authority, an in shall be informed whether he is the subject of stored data on
individuals, and whether it is classified as public, private or confidential. Upon h:s
further request, an individual who is the subject of stored private or public data on
individuals shall be shown the data without any cha-ge to him and, if he desres, shy'
lie informed of the content and meaning of that data. Ater an individual has been
shown the private data and informed of its meaning, the data need not be disclosed to
him for six months :hereafter unless a dispute or action pursuant to t1-�s section is
pending or additional data on the individual has been collected or created. The
responsible authority shall provide conies of the private or public data upon request by
t he :ndlvidual S::Ste^t of the dates. The responsible authority may -equine the
requesting person to pay the actual costs of making, certifying, and compiling :he
copies.
he responsible authority shall comoly immediately, if possible, with a.ny request
within five days of the date of the r
made pursuant to this subdivision, or equest,
excluding Saturda.•s, Sundays and legal holidays, if immediate compliance is not
possible. !` he cannot comply with the recces; within the: time. he shall so inform the
individual, and may ha, a an additional five days within which to comply with ;he
request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedure when data is not acc=te or complete. An individual may
contest the accuracy or completeness of public or private data conce-Wing himself. To
exercise this rig`i, an individual shall notify in writing the responsible authority
describing the nature of the disagreement. The responsible authority shall within 30
days eithe-: (a) cor-ec: the data found to be inaccurate or incomplete and attempt :o
notify past recipients of inaccurate or incomplete data, including recipients named by
the individual; or (b) notify the individual that he believes the data to be con-ec:.
Data in dispute shall be disclosed only if the individual's statement of disagreement is
included with the disclosed data.
The determination of the respors:bie authority may be appealed pursuant :o the
provisions of :he atminis:rative proced::re act relating to contested cases.
CITY 0I 000M0
110T=
The P4rmV comrnbsion will hold a pub1K
hearing In the council chambers at 1271,
South Brown Road on Monday June 18
Affidavit o f Publication
1990 at 7 p m on the matter of fewew.ny
No 1536 Steve Gardiner s application for
the vacation of a 30 toot wide unnamed alto,
within the plat of 0"erville Lake Minnetonka
State of Minnesota, County of Hennepin
He napin county %% nnewls In addtton Mr
Gardiner seeks lot area, hardcover and se!
back vartances for a proposed addition to the
pill Holm, being duly sworn, on oath says that he is
e11+atmg resldence
All
authorized agent and employee of the publisher
persona wlshang to be heivil will appee•
at this time The meeting starts at 7 p in
an
of the newspoper known as THE TAKER, Mound, Min
Written comments are sohcAetl Plans m•
available for review in the city offices by aD
nesota, and has full knowledge of the f acts whit are
• mntme^f
City of r„0„o
stated below:
By Plann ng Commission
Jeanne A Mabusnh Buitdrng and Zoning Ad
meuatfator
A.) The newspaper has comp lied with all the require-
I Pubhshed w The Laker and The rionee, or,
ments constituting qualifications as a qualified
June 4 end Jung 11. 1OWI
newspaper, as provided by Minnesota Statute
331 A.02, 331 A.07, and other applicable laws, as
amended.
D
(3.) The p
Jld
which i:; attached was cut from the columns of said
newspaper, rind w:l_. p nted and published once cacti
week for---__ weeks
It w;ls first published Monday,
the -L day of
and was thereafter print d and published every
Monday, to and including Monday.
the _ll "d'ty of t- cC iJ
- - Authorized Agent
17
A
! �J Subscrit . c; and sworn to me on this
day
Notary Pubtic
Rate Information
(1) Lowl"' claS~ ate pied by c-"Wclal Isms 1cM CMVWW
roe Qtnesd 0t, WW 00ve matter $9 00 per Milt.
13) RM+ SCUDWY iC f9ed for a m" matter $5 20 per "Id"rAc1h � m crsttwe weep $3 18 per rich
CITY OF ORONO - NOTICE
The Planning Commission will hold a public hearing in the Council Chambers
at 1275 South Brown Road on Monday, June 18, 1990 at 7:00 p.m. on the
matter of reviewing #1536 Steve Gardiner's application for the vacation of
a 30' wide unnamed al ley within the plat of Otterville Lake Minnetonka,
Hennepin County, Minnesota. In addition, Mr. Gardiner seeks lot area,
hardcover and setback variances for a proposed addition to the existing
residence.
All persons wishing to be heard will appear at this time. The meeting
starts at 7:00 p.m. Written comments are solicited. Plans are available
for review in the City offices by appointment.
City cf Orono
By: Planning Commission
{ ; �. / ;' ,fit - I r_ •_ a.
Jeanne A. Mabusth, Building 6 Zoning Administrator
To be published twice, the weeks of June 4, 1990 and June 11, 199
CERTIFICATE OF MAILING
STATE OF MINNF:SOTA )
C' NTY OF HENNEPIN ) ss.
C_:: OF ORONO )
I, Jamie Aosma, of the Cit; of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearinq
concerning the matter of #11536, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seat
this 5th day of June, 1990.
Jamie Aosma
4-1 Adjacent Property Ors• eo
I (we) I.AAJ004CE F. cw�F_? I F- of 3775 A44 p
[print name s [print ad r s
have reviewed the plans for the proposed improvement or proposed use of the
property located at 3 G % s 1QI-- Rp also referred to as Land Use
Application No.
I (we) understand that in executing this acknowledgement, I (we) am
(are) not asked to declare approval or disapproval of the property or use
but merely to confirm for the City Council that I (we) am (are) aware of
the improvement plans and that the proposed neighbor'r project or use
requires Council approval.
M
Property Owner Date
Property Owner
Date
If you have any information that may assist the City in the review of
this Land Use Application, please submit your comments to the Building t
Zoning Office at least 10 days prior to the scheduled meeting date.
To: Planning Commission Chairman Kelley 1
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: June 11, 1990
Subject: 01536 Steve Gardiner, 3770 Bayside Road -
Alley Vacation - Setback Variances - Public Hearing
Zoning District - LR-1A, Single family lakeshore residential, 2
acre, unsewered
Application:
A) Request to vacate 30' alley adjacent to property.
B) Request for side and rear setback variances to construct
main floor and 2nd story additions.
List of Exhibits
Exhibit A - Street Vacation Application
Exhibit B - Variance Application
Exhibit C - Plat Map
Exhibit D - Property Owners List
Exhibit F - Applicant's Letter of Request
Exhibit F - Survey
Exhibit G - Construction Plans
Exhibit If - Hardcover Review
Exhibit I - Letter to Applicant 1C/29/86
Exhibit J - Septic Capability Diagram
64 7t,Y,'2 9:411d,At EN.U-r(-:' `iCW1"*-t111:
1. Request for Vacation of Alley -
1, Applicant's property consists of 4 tiny lots within the plat
of Ottuville on Lake Minnetonka, platted in 188". That plat
extended to the west side of the alley in question,
therefore, if this alley is vacated, its ownership is split
down the middle between the property owners on either side.
In this case, the west half would go with Outlots C and D of
the plat of Bayside I,andinq, and east half would go the
appl i cant. .
2. There are no City utilities within the alley, and none
proposed. Municipal sewer contemplated for this area would
not make use of the a l ley. Staff is currently requesting
verification from other utility companies as to existing or
expected use of the alley.
Toning File i1536
.)une 11, 1990
11 age 2 of 4
3. Municipal Zoning Cole Section 10.12 requires that vacatiun
of an alley requires a petition by the majority of the land
owners abutting the property to be vacated. Technically,
there are four property owners abutting this alley, as can
be noted from the plat map. Therefore, technically, the
vacation cannot proceed until at least two more abutting
owners join in the petition. Technically, Mr. Burger at. the
end of the alley would not gain ar; land, but the other
three owners would.
4. One of the concerns of vacating the alley is whether it will
limit access t(, other properties. Currently, all properties
abutting the alley have their main legal &ccess at some
other location. The only property tnat could conceivably
benefit from this alley would he that of Hazel Anderson,
directly north of Gardiner, which does not abut a public or
private road, except that her property ai)uts Cutlot C of
Bayside banding, a driveway outlot to serve a new residence
north of the wetland. Also, Mrs. Anderson vrssumahly has an
eas:rment across John Burgers property along Gardiner's
north lot line, to use the driveway shared by Gardin )!r and
Anderson. If Mrs. Anderson has such ar Easement (this must
be verified), vacation -)f the alley would no* deny Tier
access.
5. The Public Works Director notes no r)robleme with allowing
the vacation.
II. Variance Application -
1. Applicant is proposing to construct c. second story addition
and eastwsrd cxpansron of the existing .ouse, in addition to
revisinq roc,f lines. This house is currently considered by
staff as a ^ bedroom house, and is proposed to be convFrted
to 3 nedrooms.
2. Exhibits X, Y and Z indicate the allowaLle building envelope
under 3 scenarios
a) the existing property;
b) the existlnq property plus half of vacated alley;
c) existing property plus entire alley.
In each case, expansion of the house eastward requires a
setback variance to allow a north lot line setback of 4'
where 30' is required.
Zoning File #1536
dune 11, 1990
Page 3 of 4
A variance would similarly be ired for conversion of the
deck on the south side of the t. a to a screen porch, since
Eortions of that deck are less -,:an 30' from the north lot
line.
Sid, street lot line setbacks would be required also under
the first 2 scenarios. If applicant acquired the entire
alley, his house would be at the 50' required setback from
Landmark Drive.
3. Hardcover within the existing property boundaries is within
the prescribed limits. However, much of *he driveway and
existing garage are outside of applicant's property. The
most reasonable and consistent method for determining a
hardcover percent would be to presume that applicant will
gain half of the alley, and credit him for hic existing
property, half of the alley, and the area of his
improvements that occur outside his property. This is shown
in Exhibit H.
Having spent. more than ar hour reviewing hardcover numbers
an this application, my estimation is that the proposed
additionf per the architect's plan, fall within the letter
and intent of the hardcover ordinance under the assumptions
noted above.
III. Discussion - Septic System Concerns
Tjie existing system i., extremely substandard, even after
drainfield additions that were done in 1987 Those additions
were done on an interim basis (see Exhibit I). There is one
relatively small septic tank, and approximately 400 square feet
of drainfield. Making reasonable assum-lions about the Kilkenny
loam soi is mapped in this area, one would expect a perc rate of
30-45 minutes per inch, requiring 300 s.f. of drainfield per
bedroom. The proposed 3 bedroom house should have., 000 s.f. of
drainfield, but less than half of that exists. It. is unlikely
that the existing system could be upgraded to serve a 3 bedroom
house within the setback and design requirements of the septic
code.
From Exhibit
J, expansion area is very limited, even with
additional land
from the alley.
There would not
to ro-m
available to develop
a mound system if
soil conditions
indicated
one was required.
No testing has been
submitted. Based
on this,
staff would nc� recommend approval of
expansion of this
house to
3 bedrooms unless
municil,al sewer was
available. A dec'sion by
the Cit, Counci l
whether or not to
st- er this area
is sti 11
pending.
Zoning File #1536
June 11, 1990
Page 4 of 4
Staff Recommendation -
Regarding the alley vacation, staff would request tabling
pending the following additional submittals:
1. Petition signed by a majority of the neighboring
property owners for vacation of the alley.
.. Verification that the Hazel Anderson property has a
,egal easement across the Burger property (and the Gardiner
,property) to Bayside Road.
3. Confirmation of no objection from the utilities which
may currently or potentially use this alley.
Regarding the setback variances, Planning Commission should
consider whether expansion of this house entirely within the 30'
rear yard setback is appropriate, or whether applicant should
consider expansions southward away from the north lot line.
Finally, staff would recommend that the proposed expansion
to create a third bedroom (or the potential space ror a third
bedroom), not be approved until such time that municipal sewer is
available to the property. Alternatively, applicant should
provide septic testing and design work to show that this property
can support and develop a septic system meeting all code
requirements for a 3 bedroom house, plus an alternate site for
equivalent septic expansion.
.... .....
bou. 13 hO' 17- 11'( Or
c
z;
XLD)4?
14
2Y
74 CA
dT Oulto 0 NO
S? 96 297,48
At I F 440
so w 440
tor I S. 44-t
Lzz
THERE
Ln 'k
A
r
a Cr
i \
1 J SPRING -) I N 1 10 i *1 "', 4 "1
292.Or I;0 rrr 1w
40
'0
zi
i,-
40
4J
I
v
07
RUN DATE 06/01/90
• BATCH 001
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 1
38 05-117-23 21 0005
38 05-117-23 21 0015
38 05-117-23 21 0016
ADDR
03780 DAYSIDE RD
03750 BAYSIDE RD
037UO BA'.SIDE RD
•PROP
OWNER NAME
HAZEL ANDERSON
JCHN BURGER ETAL
J B MAUS A J E MAUS
TAXPAYER
HAZEL ANDERSON
JOHNN BURGER
JAMES B A JOAN E I1ALIS
NAME/ADDR
3780 BAYSIDE RD
3750 BAYSIDE RD
3700 BAiSIOE RD
•
LONG LAKE MN 55356
LONG LAKE MN 55356
LONG LAKE MIT 55356
05-117-:. 22 0010
38 05-117-23 22 0011
38 05-117-23 22 0012
•38
PROP ADDR
00055 LANDMARK DR
00175 LANUIIARK OR
00048 ADDRESS UNASSIGNED
OWNER NAME
GARY N A VICKIE J ROSS
L C HARREN A J M HARREN
BETTY L MINER
TAXPAYER
GARY N A VICKIE J ROSS
LEE L A JULIE M HARREN
EETTY L MINER
NAME/ADDR
40 SMITH AVE
205 LINDAHOOD LA
C/O PETERSON A FISHERMAN PA
•
WAYZATA MN 55391
WAYZATA MN 55341
3109 HENNEPIN AVE S
MPLS MN 55408
38 05-117-23 22 0013
PROP ADDR 00048 ADDRESS LRNASSIGNED
OWNER NAME GARY N A VICKIE J ROSS
• TAXPAYER GARY N A VICKIE J ROSS
NAME/ADDR 40 SHIM AVE
WAYZATA MN 55391
• 38 05-117-23 23 003b
PROP ADDR 00038 ADDRESS UNASSIGNED
. OWNER NAME EST OF ANOREW t1INER
TAXPAYER CITE r`F ORONO
NAME/ADDR - 4
•
38 05-117-23 24 0082
• PROP ADOk 00038 ADDRESS UNASSIGNED
OWNER NAME DANIEL P CAHILL
TAXPAYER MRS DANIEL rAHILL
NAME/ADDR 224 N 51" 51
• DELAVAN HI 53115
•38 05-117-23 24 0100
PROP ADDR 100038 ADDRESS UNASSIGNED
MINER NAME J S A C GARDINER
TAXPAYER STEVE GAROINFR
NAME/ADOR 3770 BAYSIDE RD
LONG LAKE MN 55356
38 05•-117-73 23 0034
00255 LANDMARK OR
EST OF ANDREW HINE.R
AUSTIN If A DIANE EVANS
520 FARHILL RD
WAYZATA IIN 55301
38 OS-117-23 24 006Q
00038 AOORt,S UNASSIGNED
J B MAUS A J E MAUS
IAtIES B A JOAN E MAUS
370U BAYSIDE RD
LONG LAKE MN SSSrb
38 05-117-23 24 0083
00038 ADDRESS URNALSIGNED
JOHIN BURGER ET AL
JOIN BURGLR
3750 BAYSIDE RD
LONU LAKE ►N 5535b
I38 OS-117-23 24 0101
03770 BAYSIDE RD
I S A C GARDINER
-- — - 1� STEVF GAPOINFR
3770 BAY',IDE RD
L014G LAKE MN 55356
38 05-117-23 23 0035
00038 ADDRESS UNNASSIGNED
EST OF ANOREW 11INER
AUSTIN H A DIANE EVANS
520 FARHILL RD
WAYZATA ►1N 55341
3^ 05-117-23 24 0070
00038 ADDRESS UNASSIGNED
J 8 MAUS A J E MAUS
JAMES 0 A JOAN E ►IAUS
37UO BAYSIDE RD
LONG LAKE HN 55356
38 05-117-23 24 0084
00038 ADDRESS UNASSIGNED
JOIIN BURGER ET AL
JOHN BURGER
3750 BAYSIDE RD
LONG LAKE MN 55356
38 05-117-23 24 0102
00038 ADDRESS U1NASSIGNED
S A C GARDINER
STEVE GARD114EiR
3770 BAYSIDE RD
LONG LAKE MN 55356
RUN DATE 06/01/90
• BATCH 001
3A 05-117-23 24 0103
•PRw ADOR 00038 ADDRESS UNASSIGNED
OWNER NAME S i C GARDINER
TAXPAYER STEVE GARDINER
NAME/ADDRJ 3770 BAYSIDE RD
• LONG LAKE MN 55356
•38 05-117-23 24 0115
PROP ADDR 00038 ADDRESS UNASSIGNED
OWNER NAME STATE LAND DEPT
TAXPAYER CITY OF OROITO
• NAME/ADDR PARK
4/13/79 ST DEED 156751
HEMIEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 05-117-23 24 0105
00038 ADDRESS UNASSIGNED
STATE LAND DEPT
STATE LAND DEPT
CONVEYANCE PENDING
38 05-117-23 24 0116
00038 ADDRESS UNASSIGNED
STATE LAND DEPT
CITY OF ORONO
CONVEYED
218182 ST DEED 161148
REPORT NO. PI435401
PAGE 2
38 05-117-23 24 0111
03775 BAYSIDE RD
G R & CE MiLETTE
GFRAID L ROWIETTE
3775 BAYSIDE RD
LONG LAKE NAT 5.5356
TOTAL BATCH 001 00023
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
Of THE HEIR:EPIN COUNtI DFPART NT OF PRUPER Y TAXATION, TOJHE BEST
OF MY KtKMLEDGE AND BELIEf�. C/
DATE:" / BY
V
L•1
3770 Bayside Rd
Orono, MN 53356
To: The City If C3rort
Enclosed are two apr,licatlons concerning my proposed
plans for rernod�-ling my house at 3770 Bayside Road.
The first. application iS for the vacation of a city
i,lley that. is west. of my property. Ire discussing the
vac=ation with Orono city officials. there is a question
whether- the adjacent_ property owners would be entitled to
half of the alley because they are ire a different
subdivision or plat. Enclosed is a check for $250 for the
vacation fee.
The sec=ond application is for a zoning variance for a
lot under the 2 acre minimum. The house was originally built
in 19'-15 and remodellad 2 years before I bought it in 2333.
Ne bujlading Permits were issued for that remodeling. Much of
the new remodelling I am Planning concerns bringing the
building up to the building codes. The remodelling will be
extensive.
The remodelling will extend the east wall four feet and
add a new zecond story. The large deck shown ire the r-lan
will riot be built but the existing deck might be t.urried into
a three season porch. The remodelling will to done by
Sylvestre Construction who has remodelled many beautiful
houses ire the Orono area.
Another large issuo will be the septic/sewer system. It
is my hope that the city sewer does get appr,--tved so a new
septic system will not be needed. With a addition of drain
fields we installed three years ago, our septic syst.ern has
been adequate for the two people living here.
Enclosed is a check for $175 for the variance
application fee. Please contact me at wort: (330-5233) if you
need any further- in `orrnation.
f5' f).q� CON ,, yog wow U 117"L #V re Vi 0-4OPP-4 cot t- � . , foie -5,0,q 4K 4�' e r'4'k P r 4» •i r ' '"'+QL%� � -v f
CERTIFICATE OF SURVEY
Prepared for: STEVE AND CARMEN GARDINER
SETBACK ZONE HARDSURFACE PER CENT
ZONE AREA AREA COVERAGE
0 to 75 0
75 to 250 13,188 913 78
250 to 500 2529 865 34B
i----�Grovel3 ._...207.3(1 •—-------
—� «-- —4.00 589°32'24" — _fQever
' I l
.,e1
Clio;
r.o
164 AREA
i
o0L b�
e04 p e141
°
\co
`nb
i
W,
i
LEGAL. DESCRIPTION:
Lots 1,2,3 and 4, OTTOVILLE LAKE MINNETONKA,
MINNESOTA, according to the plat thereof on
file or of record in the office of the Register
of Deeds in and for said County.
Revised 2/21/90 to show hard surface area calculations.
Dashed contour lines denote proposed features
Solid contour lines denote existing features
I hereby certify that this survey, plan or report was SCALE
LL -METRO LAND prepared by me or under my direct supervision and that 3Q�
SURVEYORS I am a duly Registered Land Surveyor under the laws of
the State of nnesota. BOOK IPAGE
2340 Dqniels Street j� 1` I 1Z
Long Lake, Minnesota 55356 FILE NO.
Ph: 4T5-1433 DATE __ /0/�/e8 REG. NUMBER 88115 B
GENERAL
NOTES:
o
Denotes
iron monument
Proposed top of foundation slev. _
"tom
Denotes
cross chiseled in concrete
Proposed basement floor elev. _
X931.3
Denotes
existing spot elevation
Proposed garage floor elev. _
987
Denotes
proposed spot elevation
Denotes
surface drainage
BENCHMARK:
Dashed contour lines denote proposed features
Solid contour lines denote existing features
I hereby certify that this survey, plan or report was SCALE
LL -METRO LAND prepared by me or under my direct supervision and that 3Q�
SURVEYORS I am a duly Registered Land Surveyor under the laws of
the State of nnesota. BOOK IPAGE
2340 Dqniels Street j� 1` I 1Z
Long Lake, Minnesota 55356 FILE NO.
Ph: 4T5-1433 DATE __ /0/�/e8 REG. NUMBER 88115 B
itw m.,7!
I
7m---
� � f
lo
ltrirt d .ypy� t'
i�u f�"crvr
"cif G.sd
14RAJ FEZ. - 8% S77AJ C L-pm-.l
qp
Hew Ixr — ice► Dior! �ir�:'x •
f v*Al �r-0o� - P,eoPos
40
4104
tom-
.; —�—
2 tu A rtoo�e - PAoPoSeQb
-..
• .i -1
b
r. c
e�• J�� 1, ; �1, rc � ��; r
1
! i (i�'
�'• ;} Fill
I
I
I
PPOSerD
eTv ,
C
1-7
p-70t
ter- Zs', -e -
,V7
71-2 4-
or,
I
If -,,00
"J.5 ♦ C/o
"}, W j J ' /'.� � L L'�! ��'t� � �` [ i ,J 1 /'� r Wit\ � � ` 1 C �� �. L •ih �I
z _0
7S, -
F3 X I
441 t -e
.0 .0 p .
I It i I % :3, *1111, - .
72>rArt- r -
1 Z
0
176TA C -Z
T
=� wad
%'C („f �'3 . JE.rr-act 1�-. rd4�Gi Tt►l� � ? � r
LAJ pnj
2 Q 'z a F G-Lt cs-j/
;;' r� Q. CII ih j = C, 1 4
axwlrjyb3.1
CITY of ORONO
Post Office Box MoCrystal Bay, Minnesota WIM a Municipal Offices
On the North Shore of Lake Minnetonka
October 29, 1986
Steve Gardiner
3770 Bayside Road
Long Lake, MN 55356
Re: Septic System Repairs
Dear Mr. Gardiner:
On October 16, I visited your property at your request to
review your septic system. I noted the following:
1. There is one septic tank of apparently about 650 gallons
capacity. (Code for new systems requires two tanks of 1,000
and 750 gallons respectively.)
2. This tank is located 30' from your well. Well
apparently was installed in 1973 with little regard for it's
proximity to the septic system. A minimum of 50' well -to -
septic tank setback is required by the State Health
Department. However, given the 111' depth of your well and
the clay layers it penetrates, I doubt that you would ever
experience any contamination problem.
3. The drainfield, apparently located east and south of the
septic tank, is discharging to the surface and you are
correct in assuming that it needs some work. The extent of
your drainfield is not known, but I suspect it is no more
than 200 s.f. or so.
Your property is located in the Stubbs Bay Sewer Study Area.
The City is currently studying the possibility of extending
municipal sewers to serve portions of the developed area around
Stubbs Bay. Although the City has not reached any final
conclusion on where sewers will go and what properties will be
served, I see your property as a likely candidate to be sewered,
and it would be unwise and unfair to require you to replace your
system with a totally conforming system if it will not be needed
in a very few years.
BUILDING & ZONING - 473-7357 • ADMINISTRATION R FINANCE - 473.7358 • UBLIC WORKS - 473-7359
ASSESSING
Steve Gardiner, 3770 Bayside Road
October 29, 1986
Page 2 of 2
Given these facts, and given that you are concerned about
your septic system surviving the winter, it seems appropriate
that you install some additional drainfield as an interim
measure. It appears that you could install one or two drainfield
lines, running north -south, to the east of your existing drain -
field line, using drop boxes. You probably will be able to add
from 200-400 square feet of drainfield. It appears that this new
drainfield can be placed so it will be well above lake level and
will be at least 50' from your well. Considering that this is an
interim measure, we will not require soil testing.
You should be aware that even if you do add drainfield, the
system will not be considered as meeting all current code
standards for a new septic system. In order to be totally in
compliance, you would have to 1) install new precast concrete
tanks meeting a 50' setback from your well; 2) have soil testing
completed and construct a drainfield system based on the soil and
water table conditions on the site, and being at least 75' from
the well. I think it is unlikely that you could construct a
totally conforming system on your small lot.
I am enclosing a list of contractors licensed with the City
to install drainfield systems. Your contractor must obtain a
permit before commencing work. Please contact me at 473-7357 if
you have any questions.
Sincerely,
Michael P. Gaf/rZon,
Asst Planning & Zoning Administrator
MPG/tln
Enclosure - Sketch
- List of Licensed Septic Contractors
-_CERTIFICATE OF SURVEY
Prepared for:
STEVI': AND CAUMI.N GARDINER
COPY
'�---- ', ---,ins '+ao o •. - _ - - _ _ ---
f
-Ale N
14 L
p• moo/
s
\a� �NIK
�,c• Q
0 to 75 0
75 to 250 13,188 913 7%
250 to 500 2529 865 34%
�--------------------•Gravel-----------y—_____- _/�
207.3(a ••—---------- --_
589037' 24'#F- -
GrAvel i - \ \ \� I
olo
1.0 .n ilk
JX
' k _�
AREA 15111"1 sa Ft p Q ,'
- y�Q
♦ \ 4
3 , � . r` \
N �\ 0
. w. '
i
QQ CIO
\ Al i,A O • 1
0 1
�l. 1
• � � � /i IE k�+.
O
\♦
��ovi
W♦
�t , o
•JLl I'd 1-1, •..I
ZONE AREA AREA COVERAGE
0 to 75 0
75 to 250 13,188 913 7%
250 to 500 2529 865 34%
1 'Greve) ...-Z07.3(..._ ----- ---
1 � � o N ,.,s - - _4 _ - $89° 32' 24 "E _ • - - - - __ �G'pV`� ••'
Grp iel \
I� Qt .� Eaia1 any' •: r ..,
7.
r r 1.1 �
.tit
G q t � %^ � - _Fig✓ ,.V �e � A � �.
AREA 15glil so. Ft. / %\ r►O
V
ti
P
��o �`•� tiVeh i
• oIN 1
I � 1
o� 1
/
/
bL
p AW .
b" i
i
c�� v
SLTWL CK i,U14L HnKUZiUM. 1IL' K l.L141'
ZONE AREA AREA COVERAGE
0 to 75 0
'75 to 250 13,188 913 7%
250 to 500 2529 865 34%
1.0
Grovel , ' \ G c\
N age/
7.0.a L4
3i.
j Oti1
Gora�t / �� E,✓� / V \� / AO
AREA = 15�111 so. yrOz
♦'
' v '
50
.116
ev
o i
\\fit i
�, 15 owe z
`!
b
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD JUNE 18, 1990
ATTENDANCE 7:00 P.M.
The Orono Planning Commission met on the above date .iith the
following members present: Chairman Kelley aad Planning
Commissioners Johnson, nc:llows. Cohen, Hanson and Moos. The
following represented the City Staff: Building and Zoning
Administrator Mabusth. Assistant Planning and Zoning
Administrator Gaffron, and City Recorder Scheffler. Council
Representative was present.
#1536 STEVE GARDiNER
3770 BAYSIDE eOAD
r,) VACATION OF PUBLIC RIGHT-OF-WAY
B) VARIANCES
PUBLIC Ht.ARING 7:00 P.M. TO 7:07 P.M.
The Affidavit e.: Publication and Certificate of Mailing were
duly noted.
Mr. Gardiner -.vas present for this public hearing.
Gaffron revi -wed the information regarding this two-part
application (see Gaffron's report dateu June 11, 1990). Gaffron
noted that it will be necessary for the other adjacent property
owners to petition to have the :11ey vacated.
Kelley suggested that the Planning Commission provide Mr.
Gardiner with opinions and a possible consensus, but hold the
Public Hearing in abeyance until a petition is received.
Gaffron stated that he sees no reason for neighborhood
opposition to the vacation and that the matter could proceed to
Council with the condition that the petition must be received.
Mr. Gardiner stated that he had secured the signature of one
of the four property owners and was attempting to obtain the
other three.
With regard to the variance porti.on of this application,
Gaffron stated that the capacity of the existing septic system is
a concern.
Kelley asked when City sewer will be installed in that area.
Gaffron replied that the City is currently sending letters
to all residents in the area to determine how much interest
exists for the project.
Kelley asked whether staff is recommending approval of Mr.
Gardiner's addition without the property having City sewer.
Gaffron replied that the property should have City sewer if
the house is to be expanded. Gaffron stated that the applicant
- 1 -
ORONO PLANNING COMMISSION MEETING HFLD JUNE 18, 1990
ZONING FILE #1536-GARDINER CONTINUED
preferred to have the Planning Commission's recommendation prior
to incurring the expense for septic testing.
Mr. Gardiner indicated that he would be willing to revise
his addition plans to make the situation more acceptable.
Gaffron stated that it is questionable whether the existing
septic system will adequately serve the existing residence for a
long period of time.
There were no comments from the Public and the Public
Hearing was continued.
Johnson asked whether it would be Hennepin County's decision
as to how the alley property would be divided once the vacation
occurs.
Gaffron said that he had discussed that with a County
Survevor who indicated that normally they would split the
property in half. Gaffron also spoke to the City Attorney who
recommended that once the entire alley is vacated, the property
owners and Hennepin County should determine how the property will
be divided.
Kelley suggested that since Mr. Gardiner's garage is located
on the alley easement that the vacation be approved with the
condition that all of the property be acquired by Mr. Gardiner.
Hanson stated that it may be necessary to remove the garage.
It was the consensus of the Planning Commission that Mr.
Gardiner should attempt to obtain the petition from the remaining
property owners abutting the alley. Mr. Gardiner should also ask
the property owners to the west if they would agree to give hi.n
their half of the alley. With regard to the expansion of the
house, the Planning Commission agreed that the property should
either have a septic system meeting the current cc,de, or sewer.
Gaffron noted that a letter had been received indicating
opposition to the City granting setback variances (see the letter
from Julie Harren, 175 Landmark Drive, dated June 18, 1990).
It was moved by Kelley, seconded by Moos, to table
application #1536. Motion, Ayes-6, Nays-0. Motion carried.
#1551 ROBERT WAADE
998 WILDHURST TRAIL
PRELIMINARY SUBDIVISION
PUBLIC HEARING 8:15 P.M. TO 8:20 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
- 2 -
CITY OF ORONO ZONING FILE #1536
P. O. Box 66
Crystal Bay, MN 55323 NOTICE OF PLANNING COMMISSION ACTION
473-7357 Date of Notice: June 21, 1990
---------------------------------------------------------------------------
TO: Steve Gardiner COPIES TO:
3770 Bayside Road
Long Lake, MN 55356
---------------------------------------------------------------------------
TYPE OF APPLICATION: Variance
Alley Vacation
DATE OF MEETING: June 18, 1990 VOTE: 6 For 0 Against
Planning Cos fission recoamends the following:
Tabled for reasons noted below
NOTES AND SPECIAL CONDITIONS:
1. Alley vacation tabled pending receipt of petition fr-- a majority of
the abutting property owners.
2. Variances tabled, with the following concepts to be further
considered:
a Because existing substandard septic systei, li'-ely cannot be made
fully conforming, Planning Commission noted expansion of the
house should probably wait until municipal sewer is available.
b. Concern was expressed
regarding granting variances for house
expansion while the
garage
is partially
on neighboring
properties; applicant
to look
into acquisition
of property from
Landmark Drive Outlot
A (also,
applicant should explore whether
he can acquire the west half of
the alley if it's
vacated).
Applicant's next scheduled meeting is confirmed as Planning
Commission, Monday, July 16, 1990; meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission
minutes, they are available from the Ci.ty Recorder after review and
approval by the Planning Commission.
Please contact staff at 473-7357 if you wish to discuss your options.
lsv
-&-co
17s C(OVIP%lttti- �rv-
K
L,( ull CZ 1u / yrb6f L) ;�5{cZ2lQ�,'(�'� ll�N, ct
VP
elk t.%�, 1 aid
6u� ftf)ftch) /S = ti
t—AL ' Upl L_ C. OZj,'ijz {'�C�t� 1C� S T" S Gl1��t 15��7
ct lueh cl (.:tk�
. J
It OIL4 ;
at ixv6�
al5t k,-,4tm 'kke a.itd
a������1�'c,C, � �CQ�L.Iu��� F�77�.�Ititt,9.�.�t�1 I�UZ.-C�,..�.'�u. o✓C�
S4
rz)e(l OL. %�f %, ILO Q .
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: July 12, 1990
Subject: #1536 Steve Gardiner, 3770 Bayside Road
Variance (Revised Proposal) - Alley Vacation - Second Review
List of Exhibits
Exhibit
A
- Notice
of Planning Commission Action 6/21/90
Exhibit
B
- Revised
Construction Plans
Exhibit
C
- Survey
Exhibit
D
- Letter
from Mr. & Mrs. Harren, 175 Landmark Dr.
Exhibit
F
- Memo &
Exhibits of 6/11/90
Exhibit
G
- Sample
of Vacation Request Letter from Applicant
to Landmark
Homeowners
Pertinent Facts -
1. The applicant has revised his proposal to do additions only
within the existing footprint of the building, with some
expansion of storage space on the second floor. This
proposal includes the following improvements:
a. Replace the existing 10 x 24 easterly wing in the same
footprint, providing an adequate foundation.
b. Raising the roof along the east/west line of the house
to create a more open character in the second story,
providing additional closet space for the single bedroom
which will be retained.
C. Total remodel of main floor within existing footprint.
2. Recall that the existing house is as close as 3.5' from the
north lot line where a 30' setback is normally required, and
20' from the west lot line where a 50' setback would be
required. The proposed additions extend no closer to the
lot line than the existing house.
3. No additional bathrooms or bedrooms are proposed. The
additional space created in the second floor is basically
storage, and would not appear to increase the potential load
to the septic system.
4. Regarding the alley vacation, the City is in receipt of a
letter to Mr. Gardiner from the Harren's at 175 Landmark
Drive. The Harren's homestead lot does not abut the alley,
but they are one of four property owners who are served by
and have an interest in Out lot D of "Bayside Landing", the
cul-de-sac known as Landmark Drive which does abut the
Zoning File #1536
July 12, 1990
Page 2
alley. It is not clear from the letter whether the Harren's
are the official representative of the 4 property owners,
but they are certainly the most affected current resident
served by that road.
The applicant has approached the property owners surrounding
the alley, and tice only response so far has been from the
Harren's, who suggest that until the alley is vacated, they have
no strong desire to discuss selling their half to the applicant.
This would appear to be somewhat counterproductive to the
Planning Commission's June 18th recommendation.
Discussion
Absent any expansion to create more bedrooms or bathrooms,
the revised proposal for remodeling, partial foundation
replacement, and roof line expansion, should have no impact on
the septic system, hence that issue is effectively eliminated.
The existing house location near the north and west lot
lines might be considered as a reasonable hardship to support a
recommendation for approval of the revised additions. With the
current property boundaries, applicant has no options available
which would avoid needing a setback variance. Planning
Commission must decide whether the revised proposal has a
sicnificant visual impact on surrounding properties, or whether
other expansion options should be considered.
Regarding the application for vacation, the Harren's
petition suggests that if the alley is vacated, the portion
adjoining Landmark Drive becomes "part of a lot with lake
access". It would seem however that the west half of the alley
would be acquired by the Landmark homeowners as an addition to
the private road right-of-way, and (Outlot D), Outlot D is not a
buildable lot with lake access. The City would in no instance
consider that applicant's acquisition of the entire alley gives
him any lake access rights. Only Lot_ 1, Bloc' 1 and Lot 2, Block
2 of Bayside Landing, have lakeshore access over Outlot A.
The Harren petition leaves applicant one petitioner short of
the 3 petitioners necessary for proceeding with the vacation
request. Also, before the Harren's petition can be considered,
the City must be assured that the Harren's are the official
representative for the Landmark Homeowners Association (if on -
exists). The Landmark Drive road outlot currently is list
Hennepin County property information records as being owr-
Austin and Diane Evans, the owners of vacant Lot 1, Block 1.
Zoning File #1536
July 12, 1990
Page 3
If the vacation does not proceed, Planning Commission may
wish to consider whether relocation of the garage would be an
appropriate condition of variance approval. Virtually any such
relocation would require variances, but could be a further
revision of the current application, if the applicant so
requested.
Staff Recomendation
1. Staff recommends tabling the vacation request until the
required majority of abutting property owners have
petitioned for the vacation.
2. Planning Commission should determine whether the revised
proposal for improvements minimizes the intensity and
character of the requested variances from a level which is
acceptable, and should consider whether any further
conditions are appropriate if a recommendation for approval
is forthcoming.
lsv
: , c L r "-
r
�-�t ►ram - is �
z.'e
4
g
r
�rllk 4 '�JI
r1r,tlx� �ay-lt
- -- - --- - 12-
I
i� U701 m I
m
1
L:j
I
I
I
i
LAW
1
0% i • tii�'1' .v
1
r
L1pir
i.� � ✓ ice/
Lu9r tir *e,,( p t#- ' 'f
6t-s-f-P
W
CERTIFICATE OF SURVEY
Prepo►ee for' STEVE; AND CARMEN GARDINER
---- --�---
i _ co 58�0 32' 24 "E — — — _ _ _ �ogv. '
w
TO: THE ORONO PLANNING COMMISSION
FROM: STEVE GARDINER
3770 BAYSIDE ROAD
ORONO, MN
RE: ITEM 1536
ENCLOSED ARE COPIES OF THE LETTER I SE14T TO THE LANDMARK
HOMEOWNERS AS A RESULT OF THE SUGGESTIC)NS OF T14E .JUNE 18
PLANNING, COMMISSION MEETING.
jpb IT I ?C- E 19
0 W: 7:3) a
JUL 1 2 l0
Z,e;--ar Mi- Aur-.r.i n E,.7,;4na
wan,: `hank %-n f - r
the Rllev %--icatir-ri 17jurina f in e
7
present planZ inclu,je my P
wr)uld like- -I:, -.:IlArsue /acatiria aiiey -nat -xists
!-,etwo-en my '�r- at 3770
if the vacation -f -.ne 'if
would go -,-.j the LandmanHome wnere end
t ft.
, ike -- the 1 alley
311ded tri my would !h
en --, n
the LandmarK H-,mp (wners would --,nd iet B, a zr-- m e n
for where my gar%oe --xtends into LlandmarK -:.;1i1:l.-,t " .
Also. I wouid he very interestea in .ivina 3 p,-:rti.--n --f
)ut t it is West :,f the -1: —ist f Lanctmarx
.'ianino :til--winz the vacaticti -,f
Aareeino he ::ell ,:.- f the allv -:Ind
Yranting -:in -casement. *:.Dr my war.;tae. .: ff -his
is ao�Ppt.able with the other Landmark
Hors 1-iwners
The rri,-e I -Am willing to pay f-,r the lot is
negotiable. The part of the alley 1 want to buy is
approximately 15 ft by 165 ft (.05 :f an acre). It :seems
that AII:&t prices in our area without Lakeshore access
to be $30,00 - $40,000 an acre. 1 calculated $30.(J00
x -05 :: $1
Please disease my Proposal with the otner property
owners. Also, please respond with the enclosed letter by
'aiy 11' Fo 1 may report Your decisi--n 10 the ornnn .'fanning
7,-)mmissior, .:)n July 16.
The Landmark Home Owners are:
Austin Evans - 475-3113
Lee Harren - 473-0340
Richard Kyle - 471-9533
`nary Rose - 476-0655
ThanK you for your time and I hope to be hearing from
you soon. Please call me at work (33r-S""83) or at home (476-
0254) if -vrou htve any questions.
12teve aardiner
3770 BaY8ide Rd.
Orono. MN 55356
ietin ember. he-sindm.3ri: ..me wrier-
se,ciatirni --jre-' -he ,ac-ati in Z '.c :itV " ElP_n
PaysidE %nd LandmarK *he
? y f t. =r ',,e t 1.?n rni7es v? aner 2 : r
:1. `i►U. i:�i1. "•;,A rice t.�, 'r.�e ,�.ai -ed t., -.j�a �andmark Rome
wners A8so,
ioned .
-. IL * Pi e L a n d rn a r e . `4
wee Harren �member wners
AssrociatiiDn) hare-L- -.:, the ,,a(.-.stion f -:-.e
."770 Bayside M =tr.d LandmRrir Drive. r-areQ t 'he
_:)t After -11 no�,r t:
$1.500.CiD. Th,F- Price to he oaiia-.�d 7- landwirk Home
wners ;ssn� 1.-,n.
.Maned.
ichard -,-,ember f -,ne :,andmsr---.
37 7,
Bayside :i %nd Landmark aaree T,.:. Fil the
� , ow
.,.,,r lifta-r -a-� :recess ra -.-i -r --.,r
$1.'00.00. Thr ;:;rice to be paide-I ?'Ke Lanamarrt . -,->Me
Signed,
t_ P
i . 7ary Puss mr-mh:.r i - ne Landmar,- wnert-
Arc^:7e'Iatlon dL '«+ *,,. :3Ticn 'ir.v ill, V -ween
1770 Eayside : d ;nd 1,3inamarr :.,rive. the
rrFsb ;.rriiner r3fter -he :,
£1,500.00. Tr.e pri:a tc r-e- paiden - •n... andmark Home
':wners Assoc1:i ;ion.
'ignr
MR. STEVE GPRDINEN
3770 BAYSIDE ROAD
LONG LANE, MN_ 55356
Dear Steve,
JULY 9. 1990
OW'
Cjj%7 ;,_,I
MC 11 =o
We would like to see the city vacate the alley between your
property and the Landmark homeowners with title to the
Easterly 15 '1eet to be deeded to you and the 4esterly 15 feet
deeded to the Landmark property owners. The city may consider-
this
onsiderthis correspondence as a petition from us to vacate the
alley.
We have some difficulty with your apparent desire to combine
the vacation of the property with acquiring the property from
us when we currently do not own it. It seems to me ;.hat by
combining all the issues you have made it complicated enough
so that no one will act for fear that the outcome will have
an ursanticipated ending.
We have read the City of Orono Planning Commizsion meeting
minutes of June 18, and con-ur with their tabling your
request for variances for the reasons Stated in their
minutes. incidently. We are more inclined to accept the idea
put forth by the City to sell part of outlot D than to grant
an easement for the property under your garage. lri airy event
you should remove the junk store(tbehind the gar-ige because
it is an eyesore.
If the City vacates the alley, the portion adjoining Landmark
Drive becomes p,. t of a LpA, w.}tJ)ake ?IQ.. Consequently,
We ha.- no interest in negotiating from your present
positi,n. After the vacation process has been completed by
you. we will be interested in pursuing this further.
CC:CITY OF ORGNG V
M
Sincerely.
LEE & JULIE HARREN
175 LANDMARK OR.
LONG LAKE. MN. 55356
. I A
ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990
#1536 STEVE GARDINER
3770 BAYSIDE ROAD
VACATION -VARIANCES
CONTINUATION OF PUBLIC HEARING 7:47 P.M. TO 7:50 P.M.
Mr. Gardiner was present.
Gaffron briefly explained the revision Mr. Gardiner is
proposing to his initial plan (see Michael Gaffron's memo dated
July 12, 1990). He suggeste3 that the issue of the alley
vacation be separate frou the variance application.
Bellows asked for .:larification regarding the additional
floor space that will be added to the second floor.
Gaffron showed a sketch of the addition and noted that one
side will remain open to the living room.
Bellows stated that there should be specific language
requiring that the open space remain as such.
There were no comments from the public regarding this
application and the Public Hearing was closed.
It was moved by Kelley, seconded by Cohen, to recommend
approval of the side setback variance for Steve Cardiner, 3770
Bayside Road. Bellows asked Kelley whether he wished to include
a recommendation that the resolution require that ~he addition be
constructed as proposed with the open space to li-.ing room.
Kelley amended his motion, Cohen seconded. , :)tion, �%ves-51
Nays-0. Motion carried.
With regard to the alley vacation, Kelley asked, "If the
alley is vacated, how will the City respond to the location of
Mr. Gardiner's garage?"
Gaffron replied, "The alley is public property now in the
sense that the easement provides for public access. If the
eases-._nt is vacated, it reverts back entirely to the fee owners
and would then be private property."
Mr. Gardiner provided the Planning Commission with the
history of the garage/alley s.-.tuation. He noted that he has been
trying to solve the problem by asking for the consent of the
neighbors. Mr. Gardiner stated that he has been unable to obtain
any response from his neighbor
- 6 -
yfr
CITY or OEONo ZONING FILE #1536
r. o. Nor 66
Crtst_ 1 Eat, M SS323 NOTICE Or PLANNING COMMISSION ACTIrg
473-7357 Date of Notice: 07/17/90
---------------------------------------------------------------------------
TOs Steve Gardiner COPIES TOS
3770 Bayside Road
Long Lnke, MN 55356
----------------------------•-------------------------------
TYPE OF APPLICATTON: Variance
Vacation (Pemains tabled until enough petitions are
received)
DATE OF MEETING: July 16, 1990 VOTE: 5 For 0 Against
Planning Commission recd nds the following:
Approval subject to conditions noted below
NOTES AND SPECIAL CONDITIONS:
Aprroval of setback variances for proposed revised additions, subject
to adh-ring exactly to the plan presented, with easterly portion of new
second floor to be "open to below", not as future useable space.
Applicant's next scheduled meeting is confirmed as City Council on
Monday, August 13, 1990; meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission
minutes, they are available from the City Clerk after review and approval
by the Planning Commission.
lsv
To: Mayor Grabek & Council Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: August 8, 1990
Subject: #1536 Steve Gardiner, 3770 Bayside Road
Variance - Resolution
Zoning District: LR-lA, Single Family Lakeshore Residential, 2
Acre, Unsewered
Application: Request for Side and Rear Setback Variances to
Construct Main Floor and Second Story Additions
List of Exhibits
Exhibit A - Resolution
Exhibit B - Notice of Planning Commission Action
Exhibit C - Planning Commission Minutes, 7/16/90
Exhibit D - Memo & Exhibits of 7/12/90
Discussion
Please review the memo and exhibits of July 12th. Briefly,
the applicant is proposing to reconstruct the main floor of his
existing residence, and do some roof expansion in the second
story, such existing residence being located 3.5' from the north
lot line where a 30' setback is normally required and being 20'
from the west lot line where a 50' setback would be required.
Footprint of the house woad not change. The proposed
additions would not increase hardcover on the property which
currently meets all hardcover standards.
The applicant originally proposed expansions that would
significantly increase the living space in the house, and
increase frcm the one existing bedroom to a total of 3 bedrooms.
Noting the staff's review of the existing substandard septic
system which can't be expanded to accomodate additional bedrooms,
Planning Commission rejected the initial plan. Applicant revised
his proposal to maintain a single bedroom within the residence,
while to a lesser degree expanding .he roof line to allow for
additional storage space. As part of this proposal, the existing
10' x 24' easterly wing wi 1 l have a new foundation within the
same footprint.
Planning Commission Recommendation
Planning Commission voted 5 to 0 to recommend approval of
the setback variances for the proposed revised addition, with one
bedroom only, subject to adhering exactly to the plan presented,
with the easterly portion of the new second floor to be "open to
below", not as future useable space.
Zoning File #1536
August 8, 1990
Page 2
The applicant was not in favor of postponing his original
proposal until such time that the municipal sewer becomes
available. The City is still in the process of determining
whether such a sewer is feasible.
The application also included a request to vacate the
adjacent alley. Because less than 50% of the neighboring
affected property owners have petitioned for such a vacation, the
Planning Commission tabled that request until the required number
of petitions has been received. The Planning Commission felt
that the revised proposal reduces the extent of the additions to
a magnitude which is not affected by the vacation or non -vacation
of the alley.
Staff Reco■i■iendation
Based on the Planning Commission recommendation, staff
recommends approval per the attached resolution.
lsv
City of OR ONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 284b
• - • • ---
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B)
FILE #1536
WHEREAS, Steve Gardiner (hereinafter "the applicant") is the
owner of property located at 3770 Bayside Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lots 1, 2, 3 and 4, Ottoville, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City of Orono for
variances to Municipal Zoning Code Secttion 10.23, Subdivision 6 (B)
for additions to expand the second story of the existing structure
located 3.4' from the north lot line where a 30' setback is normally
required, and 20' from the west lot line where a 50' setback is
normally required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1536.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The Orono City Planning Commission reviewed this application
on July 16, 1990 and recommended approval of the proposed
variarr�e based upon the following findings:
a. The applicant originally proposed additions to the
footprint of the existing residence and proposed to expand
the number of bedrooms in the house. The Planning
Commission advised the applicant to revise that proposal
based on the lack of capability to expand the sewage
treatment system to serve those expansions. The applicant
then submitted a revised proposal for remodeling and a
lesser degree of expansion of the roof areas, yielding no
additional bedrooms frDm the current one bedroom status.
b. The Planning Commission finds that remodeling within
the existing footprint and revision of the roof line to
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 846
ORONO
expand storage space in the second story area without
creating additional bedrooms, is appropriate for the
property while not creating any new encroachments of the
existing substandard setbacks.
4. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed variance on the health, safety and welfare of the
community.
5. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance
would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would
not merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the
applicant; and would be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.23, Subdivision
6 (B) to allow remodeling and upward expansion of the existing
residence located 3.4' from the north side lot line where a 30,
setback is normally required, and located 20' from the west lot line
where a 50' setback is normally required, subject to the following
conditions:
1. Approval is granted with the specific condition that the
house remain as a one bedroom residence, adhering exactly to the
plan presented, with the easterly portion of the new second floor
to be "open to below", not as future useable space. Any future
interior remodeling to create additional bedrooms will require
City approval. The approved floor plan layout for this addition
is attached to this resolution as Exhibit A.
2. Authorities granted by this variance run with the property
not with the applicant, but are permissive only and must be
exercised by application for a building permit within one year of
the date of Council approval, or this variance will expire on
that date (August 13, 1991).
Page 2 of 4
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2846
ORONO
3. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
4. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of himself,
his heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 13th day of
August, 1990.
ATTEST:
f I-).
othy . Hallin, City Clerk
Property •
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument
23rd day of July, 1990, by James R.
& City Clerk of the City of Orono,
and said instrument was executed on
,ram THERES CL.}NAA OTA
WACNNEPIN COU �T
MY
Jam R. Grabek, Mayor
was acknowledged before me on this
Grabek & Dorothy M. Ha 1 1 in, Mayor
a Minnesota municipal corporation
behalf of the City.
Notary Public
Page 3 of 4
City of ORONO
CI TV
OF
ORONO
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF "N'r CITY COUNCIL
NO. : 816
On this �.� day of A(U( f 199 C_.-;
before me a Notary Public within and f said county, personally
appeared l r�, Al c tC'/' 4 ✓• known to me to be
the oerson(s) described in And who executed the foregoing
instrument, and acknowledged that he (they) executed -he same as
his (thheir) free act and deed.
NOTARY PUBLIC
THERESA L HAAS
IA CNH"m MOM
MY COMMISSION EXPIR
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN )
1�, l
On this /�/` day of �( (�S 1990 before me
a -Notary P4D.Lic within and fo= s County, personally appeared
L� t 1-/2Yi 1 �aij i Alar•in o w n to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTaD.,LUMJ
THERESA L NAAS
NOTARY PUBUO • MINNEWTA
HENUNTY
NEPIN
owwew 9-0
MY COMMISSION EXPI
Page 4 of 4
RESOLUTION =2846
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on August 13 , 19 go , and that c_he same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
15th , day of Auc*ust 19 19 90
othy M y llin, City Clerk
(SEAL)
&VIOT A Aprpn j c> 1
PkA^;
WAYNE O. POPHAM
RAYMONO A HAIR
ROOCR W. SCMMODRICH
DCNVCR KAUFMAN
RODCRT A. MINISM
ROLFE A. WOODEN
O. MARC WHITEHEAD
DRUCE D. WILLIS
O. OODCRT JOHNSON
CARYR. MACOMSCIS
OODCRT S. SURK
MUCH V. PLUNKETT, III
IRCOCRICK C. DROWN
THOMAS K. SCRO
JAM ES B. ORUCK
JEFFREY S. HAL►ERN
DRUCE D. MALKCOSON
JAMCS R. STEILCN
JAMEf S. LOCKHART
A LLCM W. MINDERAKCO
CLIFFORD M. GREENE
D. WILLIAM KAUFMAN
►AUL M. TICTZ
MICMAEL O. FRCEMAN
M OWARD SAM MYERS, III
LARRY D. ESPEL
JANIE S. MAYERON
THOMAS J. BARRCTT
JAMES A. PAYNE
POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD.
3300 PIPER JAFFRAY TOWER
MINNEAPOLIS, MINNESOTA 55402
DAV 10 A. JONES
TELEPHONE
TIMOTHY W. KUCK
LCC E. SHEENY
612 •333- 4600
DRUCE A. PETERSON
RUIN /RCCOM
RUTM A. MICKELSCN
LESLIE GILLETTE
TCLECO►IER
JANNA SEVERANCE
MICMAEL T. MILAN
133) 612. 334-2713
THOMAS C. MIELENMAUSCN
THOMAS M. SIPKINS
1321 612-334. 2761
MICMAEL O. CHRISTENSON
ROBERT C. MOILANCN
J MICMAEL SCHWARTZ
THOMAS F. NELSON
(31) 612. 334-2503
JEFFREY P_ CAIRNS
THOMAS J• RADIO
CLLCN L MAAS
DAVID L. HASMMALL
LEWIS J. ROTMAN
KATHLEEN IA. MARTIN
SUITE 2400
TODO M. JOMNSON
JOHN C. CMILDS
1200 SEVENTEENTH STREET
LOUIS P. SMITH
DOUGLAS P. SEATON
DENVER. COLORADO 430202
SRUCC M. LITTLE
MARK F. PALMA
THOMAS C. BANNER
RICHARD A- KAPLAN
TELE-HONE 303.693-1200
RUSSELL S. PONESSA
BRUCC D. MCPMEETERS
TCLECOPI^.R 303•093-2194
BRYAN L. CRAWFORD
S COTT - RICHTER
MATT M EW E. DAMON
PAUL J. LINSTROTH
SUITE 300 SOUTH
JOHN W. PROVO
1. FRIEDCRS
SCOTT A-SMITHJILL
SCOTT
N. JOHNSON
IBOO M STREET, N. W.
PAUL D. JONES
BRADLEY A. FULLER
WASHINGTON, D C. 20038
WILLIAM D. HITTLER
DONALD M. LEWIS
TELEPHONE 202.626•D300
ELLEN SUE PARKER
KENNCTH ROSS'
TELECOPIER 202.62D-l316
BRO. ■ROOK[R
OAVID f. STRAND
W. OHM
BRIAN wAN
SCOTT K.GOLOSMITH
DIRECT DIAL NUMBER
GREGORY G. SCOTT
GIRARD P. MILLER
ROSANNE G. ZAIDENWEDER
ELIZABETH A. THOMPSON
CECILIA M. MICMEL
A
KEITH J. NALLELND
334-2707
ROSERT C . CAST LC
MARK B. PETERSON
TH.RCSC M MANKEL
INCLUDING THE FORMER LAW FIRM OF HALPERN
6 DRUCK
September 7, 1990
Mr. Mike Gaffron
CITY OF ORONO
P. 0. Box 66
Crystal Bay, MN 55323
Re: Various Resolutions
Dear Mike:
JULIE FLEMINO-WOLFE
DEBORAH A. DYSON
B.:NSON K. WHITNEY
KATHRYN M. WALKER
GCORGE J. SOCHA
SHANE R. KELLEY
MARK Or, TEN EYCK
DUANE R. NOECKER
DEE*OWE
GARY P. GENGEL.a
JOHN M. BAKER
KAREN M. HANSEN
SUESAN PACE-SHAPIRO
STEVEN M. PHILLIPS
LINDA S. FRIEDNER
ANDREW D. PARKER
JOY 64. WALDERA
PATRICIA A. O'LEARY
KAREN R. COLIC
O. COUNSEL
FRED L. MORRISON
JUDITH YOUNGER
. Acrm.o �w c.a�.o.w1A up rr�twM
The following resolutions are being returned to you
without being filed as they are all variances and all relate to
Torrens property. (Variances cannot be filed under Torrens.)
#2838/Peterson
#2850/Denzel
#2849/Cullen
#2846/Gardine
#2853/Powell
Resolution sent for filing:
#2847/Filkins
Please note that Resolution Nos. 2828/Filkins (Document
#5695852) and 2841/Stubbs (Document No. 5695853) are also
enclosed and have been filed.
Si erely,
Carolyn A. 8 mers
Secretary �1Jo ancy
Legal Assi t nt
�B4W-rxttl--
E. Husnik
1100ZNEH(32)
ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990
ZONING FILE #1509-FREEMAN CONTINUED
Councilmember Goetten asked what deadline had been
established for Mr. Freeman to bring the accessory structure into
conformance.
Mabusth replied, "June 1, 1991, was the deadline Council
established."
It was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to deny the variance requested in
application #1509. Motion, Ayes-4, Nays Motion passed.
#1528 CONSTANCE i DON SCOTT
2300 LONGVIEW CIRCLE
FINAL SUBDIVISION
RESOLUTION #2845*
It was moved by Councilmember Callahan, seconded by
Councilmember Peterson, to adopt Resolution #2845, approving the
Plat of Longview 3rd Addition. Motion, Ayes-4. Nays-0. Motion
passed.
#1536 STEVE GARDINER
3770 BAYSIDE ROAD
VARIANCES
RESOLUTION #2846
Mr. Gardiner was present.
Bernhardson presented a summary of the information contained
in Michael Gaffron's memo dated August 8. 1990.
Councilmember Callahan asked whether the alley vacation is
included in this application.
Assistant Planning and Zoning F.dministrator Gaffron replied
in the negative, noting that the Planning Commission felt the
revised changes are so minor that the alley vacation should be a
separate issue.
Helloes noted that the location of the garage is such that
other issues must be addressed in addition to the alley vacation.
It was moved by Councilmember Callahan, seconded by
Councilmember Peterson, to adopt Resolution #2846, granting side
and rear setback varianc-s to construct main floor and s?:oral
story additions to the property located at 3770 Bayside Rjad.
Motion, Ayes-4, Nays-0. Motion passed.
- 4 -
APPLICATION NO. 1536
CITY OF ORONO
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323
473-7357 Date of Notice: 8/20/90
----------------------------•-----------------------------------------------
TO: Steve Gardiner COPIES:
3770 Bayside Road
Long Lake, MN 55356
TYPE OF APPLICATION: Variance
------------------------------------------------------------------
DATE OF MEETING: August 13, 1990 VOTF- 4 For 0 Against
------------------------------------------------------------------
COUNCIL ACTION - MOTION:
To approve per the findings and conditions of the resolution
previously mailed to you.
Variance approval is limited to the extent shown on approved plan and
as noted in the approval resolution. Changes in approved plans are subject
to further review by the City. Variance approval expires one year after
date of approval. Permit application must be submitted no later than
August 13, 1991.
If you desire certified copies of the official Council minutes, they
are available from the City Clerk after review and approval by the City
Council.
You must apply for and obtain a building permit prior to commencement
of construction. (The building permit application is a separate
application from the zoning variance or conditional use application.)
I
,a
VbTY OF ORONO CALLED IN
INSPECTION NOTICE SCHEDULED
PERMIT NO. COMPLETED i <- g')
ADDRESS % A)
OWNER CONTR.
TELEPHONE NO. 4 73 - C/zG2>
FOOTING
❑ PLUMBING RI
❑ SITE INSPECTOOt
FRAMING
C PLUMBING FINAL
❑ EXCAV /CRADINC
INSULATION
❑ MECHANICAL
❑ LAKESHOREIWE
❑ WALL BD.
❑ WATER HOOKUP
❑ LICENSING
❑ FINAL
❑ METER SET/TURN ON
❑ COMPLAINT
❑ PR ')GRESS
C SEWER HOOKUP
❑ FOLLOW-UP
DEMO _.
SEPTIC INSTALL
'I SEPTIC FINAL
_
COMMENTS:
-7"7
�-
A
I
61"
y z,
54
7/'
I
WORK SATISFACTORY PROCEED ❑ PHOTO TAKEN
CORRECT WORK 6 PROCEED ',,
CORRECT WORK CALL FOR REINSPECTICN BEFORE COVERING
CORRECT UNSAFE CONDITION WITHIN.. HOURS, INSPECTOR WILL RETURN.
STOP ORDER POSTED CALL INSPECTOR\ ,
CITY OF ORONO Date
ADDRESS Connected to
t CODE SEPTIC SYSTEM INVENTORY CARD Municipal Sewer
)Address 3'"770 &AV1 i D /�!i. Property I.D. C.S -10-! 3 1 7 (AID/ WELL DATA
16tStindard trench ? ` r Z } I
O Mound - a,
System type O Other Legal Description Y no
Permit No. _ iUOIU E Date of permit Installer
No. Bedrooms Garbage $
Building type #4_S1 pC-)kjCIc or GPD ?_ Rr t Laundry Uishwasher Disposal Le Q
a
SEPTIC TANKS: Mates iat NC s• i Capacity 1) (G+ �% i 21 '— ° of c
•;ter~ � r .♦ (i,D�Lt�
Proper outlet and inlet Baffles Liquid depth to RO level 5 1 I o
/ q
Height of tank bottom above water table tic Distance to nearest building f in 0
DRAINFIELD: Total length of lines 12 0 r — - Number of lines -` � Trench width
Total treatment area (sq. f t.) L + Height of drainfield above water table
'~' c
1,
Type of filter material �Y - i r:� �'� Soil type �l _ h
_ E
Distance from nearest bldg. �V f Tile size Perc rate —min/in
° $ �
Depth of fill over drainfield /Z - Depth of rock over tile under the % / 2 E
L'� ��CA foc - iy L A lam-'- p o u
INSPECTION RECORD
DATE COMPLIANCE
No s'r CFAC.'" C, /uyT'19A �
th" S F LP7" PT''/
S 1! t --- A) tsr- lA CA0rE?'ft
%013 L� ?T MT- t�o�ce�rr�
is MA&4S4Vf
T D W F/d b s. 2 LAX2 - _
PUMPOUT RECORD 1
DATE
GALLONS-
7 - Y• 8s
/50-b
I
I
I
�ncl
C CONFORMING S -- SUBSTANDARD N -- NONCONFORMING 1
,'
i
11
1
1
I
I
I
I
I
1
I
1
t
T
ude: 1) Well location
2y0, t: ence from house to
septic tanks, dist. box,
and drainiieid
3) North arrow a,id road
r
I
MEMORANDUM
1987
TO: Jeanne Mabusth, Bulding & Zoning Administrator._
FP.OM: KABlatz, City Attorney
RE: Question of Orono City Staff as to Proposed Combination
of Public and Private Road.
DATE: August 6, 1987
----------------------------------------------------------------
In a letter dated July 29, 1987, you asked if 33 feet
of undeveloped, dedicated public alley from an established plat
could be combined with L7 feet of proposed private road in a
proposed plat. You stated that vacating the 33 foot alley would
not "provide any advantage to this developer," because once
property is vacated the abutting property owners obtained the
land up to the center point of the land which was vacated.
I will answer your questions in the order you proposed
in your July 29 letter.
1) Can the 33 feet of the Public right-of-way be used
as Part of a Private road? A municipality holds the qualified
or terminable tee title to property dedicated to highway
purposes in trust for the people, and it can neither sell nor
devote it to a private use. State v. Marcks 36 N.W.2d 549
(1949). After an alley has been dedicatecT and accepted a
municipality becomes a trustee and may not divest such pudic
rights without public consent or operation of law. Neill v.
Hake, 93 N.W.2d 821 (1958).
Your first question infers that there is a possibility
that the 33 feet of public road can be combined with the 17 feet
of private road. Based upon case law, it appears that the
combination of the two would create an awkward situation at
best, for both the City and the developer.
2) Can the developer exclude the use of road by land
owners to the East? The operation of a plat and the donations
to the public within the plat can not extend beyond the use as
dedicated. Patterson v. City of Duluth, 21 Minn. 493 (1875).
The City is holding the land in trust Tor the purposes for which
it was donated. It does not appear that the developer would
have any right to exclude the public from using the 33 feet of
property which was dedicated for alley. Again, referring to the
way you phrase your question, a combination of the two does not
appear to be possible since the 33 feet was dedicated for alley
purposes and the additional 17 feet would be used for road
purposes.
T
The Minnesota Supreme Court in the case of Flynn v.
City of Worthington, 224 N.W. 254 (1929) makes a distinction
between alleys and streets:
Alleys differ from streets. They are not intended
to convenience the public in the way that streets do.
They are more of a local convenience to the parts of
the block which they abut. . . . They are not thought
of as a street connecting with other streets and
suppll.ng the municipality with a system of connecting
highways. An alley is not intended for such purpose.
While the public travels it, its use is local to
abutting property. A street is intended for general
public use and the general public have in it an
interest different from that which they have in an
alley. Flynn at 254, 255.
3) Is the City obligated to maintain the road as a
public road because of the use of the 33 feet of public
right-of-way? Once property is dedicated to the public and
accepted by the public through the municipality, the City may
choose its own time to occupy and open the right-of-way. State
v. Marcks 36 N.W.2d 594 (1949). Once the City has established a
right-of-way, it must maintain it as it would any other
dedicated public right-of-way within the City.
-.Pe informed this office that the plat containing
the dedicot' Ley, "Ottoville on Lake Minnetonka" was filed in
the early 2 You stated that the City aad not maintained
the 33 feet alley. Also, you mentioned that a private garage
may be encroaching a portion of the dedicated alley.
Unless the City takes affirmative actions to assert
abandonment of a dedicated right-of-way, non-use and
obstructions over the right-of-way are insufficient to establish
abandonment and public rights cannot be divested without public
consent or operation of law. Neill v. Hake, 93 N.� 2d 821
(1958).
Although it may not be to the developers benefit, in
order for the 33 feet of dedicated right-of-way to become
private property, the City must vacate the alley per its
procedures as outlined in Orono Municipal Code Section 10.12 and
Minnesota Statutes Section 412.851. Upon vacation, the abutting
property owners would obtain the vacated alley up to the center
line of that former alley. Should the developer to the west own
the property abutting the same alley, the developer would obtain
an additional 16-1/2 feet to add to his proposed 17 feet of
private road. If not, the developer has the right to approach
the property owners and offer to purchase the vacated alley for
a negotiated price.
3379j
§ 10 . 12
SEC. 10.12. ACATION OF STREETS, ALLEYS AND PUBLIC GROUNDS.
acation of s s, alleys and public grounds shall follow the
pr set forth in this Chapter, except that such vacation
shall require a petition by a majority of the landowners abutting
the property to be vacated, and a hearing preceded by two (2) weeks
published and posted notice, all as required by Minnesota Statutes,
Section 412.851. The Council may vacate any publicly owned utility
easement or boulevard reserve or any portion thereof, which are not
being used for sewer, drainage, electric, telegraph, telephone, gas
and steam purposes or for boulevard reserve purposes, in the same
manner as vacation proceedings are conducted for streets, alleys
and other public ways. A boulevard reserve means an easement
established adjacent to a dedicated street for the purpose of
establishing open space adjacent to the street and which area is
designated on the recorded plat as "boulevard reserve".
Source: City Code
Effective Date: 4-1-84
SEC. 10.13. ENFORCING. In case any building or structure is
erected, constructed, reconstructed, altered, repaired, converted,
or maintained, or any building, structure or land is used in viola-
tion of this Zoning Chapter, the Zoning Administrator, in addition
to other remedies, may institute any proper action or proceedings
in the name of the City, and hereby shall have the powers of a
police officer to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, or use
to restrain, correct or abate such violations, to prevent any
illegal act, conduct, business or use in or about said premises.
Source: Ordinance No. 172
Effective Date: 1-1-75
(Sections 10.14 and 10.15 reserved for future expansion.)
ORONO CC
275
(4-1-84)
3394
3�-- - ROADS, GENERAL PROVISIONS 160193
- and reads, it
160.29 VA TIOti OF PUBLIC NAYS; EFFECT.
eri` t local
Sub ton I. For purposes of this section the tern "muntctpalit%- means
_ty tofists and
--artr `. county or town. The term "public way" means anv htehwa%, road,
be ..:andard-
street, cartwa}. alley or lane or other publicly owned interest to real propert%
trolled by the
which is open to the free passage and use of the public.
n.
Subd. 2. In proceedings under statute or charter to vacate a public way o
y apply to di-
portion thereof, a municipality may specify the extent to which such vacatwa
provisions of
affects ex►stine easements therein and the extent to which the vacation affects the
untv highways
authority of any person, corporation or municipality owning or controlling electnc
on the erection
or telephone poles and lines, gas and sewer lines. or water pipes, mains and
the applicable
hydrants, thereon or thereunder, to continue matntaintne the same or to enter
upon such way or portion thereof vacated to maintain, repair, replace, remove or
e term "resort"
otherwise attend thereto.
a golf course.
Histon: 1971 c 461 s 1.2: 1973 c 123 art 5 s 7
160.291 %1S 1957 (Repealed. 1959 c 500 art 6 s 131
160.292 I\FOWMATION SIGNS FOR RESORTS AND RECREATIONAL
such size and
CAMPING AREAS; DEFINITIONS.
Lion. on slats
Subdivision 1. For the purposes of sections 160.292 to 160.296 the terms
e department of
defined in this section have the meanines eiven them.
of such signs.
Subd. 2. "Specific service sign" means a rectangular sign panel not greater
All such signs
than 1-1 2 feet by six feet displaytne a motel. resort or recreational camping area
nustness name and. where appropnate. the direction to and distance to the
,:.imptng area. motel or resort.
Subd. 3. "Specific service sign assembly" means a combination of specific
-to
service sign panels not to exceed four panels be placed within the right of wav
nd county road
on appropriate approaches to an intersection.
tit of transpor-
Subd. 4. "Specific service sign cluster" means a grouping of specific service
ways under their
sign assemblies not exceeding two in number on appropnate approaches to an
ntv. A certified
intersection.
authorizing the
_ Subd. 5. "Nonfreeway type highway" means all roadways with crossing
the department
traffic at grade intersections except the roadwav may have an isolated interchange.
100 Percent of
i Subd. 6. "Resort" has the meaning it in section 157.01.
ase of the signs.
le price shall be
Subd. 7. "Motel" has the meantne given to the word "hotel" in section
-given
a
Subd. 8. "Recreational camping area" has the meaning ,Pen it in section
its own expense
327.14, subdis tston S. `
ty highways and
d that such signs
Subd. 9. "Local road" means anv nontrunk hiehway.
aand
ag
Subd. 10. "Specific service" means motels, resorts or recreational camping
.na part t of the
'rig a
areas that provide sleeping accommodations for the recreational traveler.
use (4). or closer
History: 1980 c 413 s 1: 1981 c 55 s 1
73.16. subdivision
160.293 INTENDED USE.
from any county
Subdivision 1. Purpose. Specific service signs are to be used to create and
ial account to be
Implement a system of signing for the purpose of displaying motel, resort and
s appropriated to
recreational camping area information to the traveling public on nonfreewav type
visions of sections
trunk highways in rural areas.
Suhd. 2. Specific service signs on nonfreeway highways. A specific service
sign may be erected at the intersection of a trunk hiehwav with a local road, on
bs�-passes of outstate municipalities. and 'approval
subject to prior of the federal
highway
administration at the Intersection of two trunk highways. A specific
A
4IL741 STATUTORY CMES 7414
the particular fund out of which the same is to be paid, and shall cause a suitable
notation to that effect to be made on each such contract. The council may by
ordinance make further regulations for the safekeeping and disbursement of the
funds of the city.
Histon: 1949 c IIQ s 90: 197.7 c 123 art 2 s I subd 2 ..
412.751 E;9IERGENCV DEBT CERTIFICATES.
If in anv year the receipts from taxes or other sources shoed from some
unforeseen cause become insufficient for the ordinan expenses of the city or if
anN calamity or an other public emergence should subject the city to the necessity
of making extraordinary expenditures, the council may authorize the sale by the
city treasurer of emergence debt certificates to run not'to exceed two vears and to
bear interest at not more than seven percent per year. A tax sufficient to redeem
all such certificates at matunty shall be levied as part of the budget for the
following year. The authorization of an issue of such emergency debt certificates
shall be given by an ordinance approved b\ all the memhers of the council.
Histon: 1949 c 119 s 91. 1974 c 337 s 14
412.761 [Repealed, 1967 c 289 s 181
costs, and i
412.771 [Repealed, 1967 c 289 s 181
received by
412.781 [Repealed, 1967 c 289 s 181
lawfully disc
412.791 (Repealed. 1967 c 289 s 181
upon pavme
412.901 [Repealed. 1967 c 289 s 181
Subd. 3
412.811 [Repealed. 1967 c 289 s I£J
in the same
412.821 [Repealed. 1967 c 289 s 18]
but, if taken
GENERAL AND MISCELLANEOI'S
the court, co
pay the Jude
412.831 OFFICIAL NEWSPAPER.
In case of of
The council shall, annually at its first meeting of the .\ear. designate a legal
Upon perfe.
newspaper of general circulation in the city as its official ne,%spaper. in which shall
he published such ordinances and other 'matters as are required by law to he s
History
published and such other matters as the council may drem it advisable and in the
1973 c 123
public interest to have published in this manner.
Historv: 1949 c 119 s 100: 19-3 c• 123 art 2 ,, I subd 2
412.971 FI
_ epealed. 1976 c 44 s 701
All fine
or ordinanc
412.851 VA ATION OF STREETS.
treasur . E
under oath
\` Theyt►ttcil may bs resolution vacate an street, alles. public grounds, public
-way.--Oran
amounts pai
part thereof, on its own motion or on petition of a malority of the
owners of land abutting on the street. alley. public grounds, public way. or part
Histon:
thereof to he vacated. When there has be • -to petition. the resolution may be
adopted onit b\ a vote of four -fifths of a. embers of the council. No such
412.881 PF
vacation shall be made unless it appears in the interest of the public to do so after
�1'hene�
a hearing preceded by two weeks' published and posted notice. After a resolution
of vacation is adopted. the clerk shall prepare a notice of completion of the
statute app1,
the term "re
proceedings w;nch shall contain the name of the cite. an identification of the
vacation. a statement of the time of completion thereof and a description of the
Histon
real estate and lands affected thereb\. The notice shall he presented to the counn
_
'
auditor who shall enter the same in his transfer records and note upon the
412.891 IN
instrument, over his official signature, the words "entered in the transfer record "
The notice shall then be filed with the county recorder. Any failure to file the
An\ pr
notice shall not invalidate an such vacation proceedings.
� '
Chapter 20f
Hkcton: 1949 c 119 s 102. 195-7 c 735 s 12: 1957 c 383 s 1.- 1967 c 289 . /5:
►,
Chapter 52(
1969 c 9 s 85: 1973 c 123 art 2 s 1 subd 2: 197.7 c 494 s H: 1976 c 181 s ?
E--
1lititon
ACQUISMON OF PROPERTY FOR STREETS 7602
440.13 C UNCIL MAY VACATE STREETS IN CITIES OF THE FOURTH
CLAS
In any city of the fourth class organized under a home rule charter, the
council thereof shall have power by a majority vote of the council to vacate any
street or highway, or any part of any street or highway therein, upon the petition
of all the owners of lands abutting both sides of the street or highway, or part
thereof, proposed to be vacated wherein one end of the street or highway. or part
thereof proposed to be vacated does not connect with any other street or highway.
Except as herein provided all other provisions of the home rule charter shall apply
to and govern the proceeding.
History: 193 7 c 95 s 1 (1828-9 1 /2)
440.135 VACATING STREETS. HOME RULE CHARTER CITY OF THE
THIRD CLASS.
Subdivision 1. Application. This section applies to every home rule charter
cite of the third cla
Subd. 2. C=\1 may vacate, conditions. In addition to any other method
provided by law. the council of such city, upon the prespirtation and filing of a
verified petition signed by or on behalf of any owner ural or corporate. of any
real estate abutting thereon. may vacate an.;- % or segment of street or any,
portion of the width thereof within its geogr� teal limits. provided only that the
street. segment. or portion thereof so vacate pursuant to such petition shall not be
longer than the distance intervening between any two adjacent intersecting streets.
Subd. 3. Certified copy of resolution to be filed. Such action of such council
may be taken at any regular or special meeting duly called for such purpose and
shall be by resolution. and a copy of the resolution duly certified by the city clerk
shall he recorded in the office of the county recorder in the county where such city
is located before the action shall be effective.
Subd. 4. Not to interfere with specini improvements. The vacation of any
street or segment thereof under this section shall not destroy or interfere with the
right of any person. corporation, or municipality owning or'having control of any
electric,liglit or telephone pole or lines existing upon such street at the time.of the
vacation thereof or with am• sewer or water pipes, mains or hydrants thereon or
thereunder to enter upon such street or portion thereof vacated for the purpose of
repairing the same or otherwise attending thereto.
History: 1945 c 224: 1965 c 45 s 59: 1976 c 44 s 42, 1976 c 181 s
440.14 CONTRACTS FOR LIGHTING STREETS.
In all cities of the first class. the council : nav award. enter into, and let
contracts for lighting the city streets, parks. and oiLPr public places, or either or
am of the same, for any term not exceeding two years under am one contract. It
shall not be necessan, before awarding or entering into such contracts. that
provision by budget appropriations or otherwise shall first have been made to meet
the indebtedness incurred by these contracts. but provision for meeting the
obligation or indebtedness ma% he made after the lettine of the contracts.
I Iistory: 1911 c 179 s 1 (1479)
440.15
[Repealed. 1976 c 44 s 701
440.16
(Repealed. 1976 c 44 s 701
440.17
[Repealed. 1976 c 44 s 701
440.18
1 Repealed. 1976 c 44 s 701
440.19
(Repealed. 1976 c 44 % 701
505.12 PLATS; COORDINATES; SURVEYS 9419
provided. that upon the failure of the governing body of such statutory city or
municipality and the board of county commissioners to concurrently approve and
adopt a plat of subdivision within 60 days of the time or presentation to each
respective authority the approval of the board of county commissioners shall be
final. The board of county commissioners may extend the time for concurrent
approval with respect to individual plats of subdivisions.
History: 1929 c Zli s 4: 1973 c 12.7 art S s 7 (82434)
505.13 APPLICATION'; LIMITATION.
Nothing in sections 505.09 to 505.13 shall amend. repeal. or affect Special
Laws 1889. Chapter 178.
QI
n99c2's s S (8243-S)
ACATION. the application of the owner of land included in anv plat. and upon
proof that all taxes assessed against such land have been paid. and the notice
hereinafter provided for given. the district court may vacate or alter all. or any
part. of such plat. and adjudge the title to all streets. alleys, and public grounds to
be in the persons entitled thereto: but streets or alleys connectini separate plats or
hying between blocks or lots, shall not be vacated between such lots. blocks. or
plats as are not also vacated. unless it appears that the street or alley or part
thereof sought to be vacated is useless for the purpose for which it was laid out.
The petitioner shall cause two weeks published and posted notice of such
application to he given. the last publication to be at least ten days before the term
at which it shall be heard: and the petitioner shall also serve personalh, or cause
to be served personallN. notice of such application. at least ten days before the
term at which the application shall be heard. upon the mayor of the city, the
president of the statutory city. or the chairman of the town board of the town
where such land is situated. The court shall hear all persons owning or occupying
land that would he affected by the proposed vacation. and if. in the judgment of
the court. the same would be damaged. the court may determine the amount of
such damage and direct its payment by the applicant before the vacation or
alteration shall take effect. A certified copy of the order of the court shall be filed
with the c:)unty auditor. and recorded be the county recorder. The district court
shall not vacate or alter am street. alley. or public ground dedicated to the public
use in or by anv such plat in an city or town organized under a charter or special
law which provides a method c f procedure for the vacation of streets and public
grounds by the municipal authorities of such city or town.
Histon: RL s 3369. 1909 c 503 s 1. 1917 c 38 s 1: 1973 c 123 art S s 7:
1976 c 181 s 2 (8244)
505.15 CERTAIN' PLATS VALIDATED.
In all cases where the record owner of real estate in this state has heretofore
conveyed the same. or any part thereof. by express reference in the instrument of
such conveNance to a plat of such real estate on file in the office of the county
recorder in the county in which such real estate is situated. and a plat so referred
to in said conveyance is actually of record in such recorder's office at the time
when such conye%ance is made. such record owner and all persons claiming under
such record owner. shall be forever estopped from questioning the validity of such
plat. notwithstanding that at the time of the execution and record thereof. title to
the premises covered thereby. appears of record to have been in the name of a
person other than the person who executed such plat as proprietor of the premises
covered thereto. and notwithstanding an irregularity or informality in the execu-
CERTIFICATE OF SURVEY
Prepared for'
STEVE AND CARMEN GARDINER
SETBACK
ZONE
11ARDSURFACE
PER CENT
ZONE
AREA
AREA
COVERAGE
0 to 75
0
75 to 250
13,188
913
7%
250 to 500
2529
865
34%
1 C3,
Gavelxld
ef
,/ „/
� Gora�t ,
�3
,1
i
Du
5—t—
Gra,lel3 207.3%
+.o0 595'32'24'F--�`----_��Gwvel.
\� li ,•�1
AREA - 15,111 %Q.
/ Gv�Je\
i
I
I
1
I
1
I
I
1
1
I
I
GpJ C4.);,
i
i
i
i
i
i
LEGAL DESCRIPTION_i
Lots 1,2,3 and 4, OT'1'OVILLE LAKE MINNETONKA, J
MINNESOTA, according to the plat thereof on
file or of record in the office of the Register
of Deeds in and for said County.
J
1 V
VW .
�1y /
i
LEGAL DESCRIPTION:
Lots 1,2,3 and 4, OTTOVILLE LAKE MINNETONKA,
MINNE:SO`I'A, according to the plat thereof on
file or of record in the office of the Register
of Deeds in and for said County.
Revised 2/21/90 to show hard surface area calculations.
GENERAL NOTES:
U Denotes iron monument Proposed top of foundation elev. _
11x'6 Denotes cross chiseled in concrete Proposed basement floor elev. _
x931.3 Denotes existing spot elevation Proposed garage floor elev. _
987 Denotes proposed spot elevation
�-- Denotes surface drainage BENCHMARK:
Dashed contour lines denote proposed features
Solid contour lines denote existing features
ALL -METRO LAND
SURVEYORS_
2340 Daniels Street
Long Lake, Mlnnesoto 55356
Ph: 475 -1433
I hereby certify that this survey, plan or report was
prepared by me or under my direct supervision and that
I am a duly Registered Land Surveyor under the laws of
the State of nnesota.
DATE REG . NUMBER 17015
SCALE
30'
BOOK
PAGE
IL
12
FILE NO.
88115 B
CERTIFICATE OF SURVEY
Prepared for: . AND CARMEN GARDINER
SETBACK ZONE HARDSURFACE PER CENT
ZONE AREA AREA COVERAGE
0 to 75 0
75 to 250 13,188 913 78
250 to 500 2529 865 34%
------_-- -- —-----�GrgvelJ—
i o s..s
T\\X
stir Q� Eaist;nil �D I GVO
eck
AREA = 151111 so. FT. % �4\ �OQ► /',
NLTV I 'Ir�v 4 0 /
C4
o�
I / k
' V /
LEGAL DESCRIPTION:
Lots 1,2,3 and 4, OTTOVILLE LAKE MINNETONKA,
MINNESOTA, according to the plat thereof on
file or of record in the office of the Register
of Deeds in and for said County.
Revised 2/21/90 to show hard surface area calculations.
I
I
I
or"
�i yr PL
tiw
�j
LEGAL DESCRIPTION:
Lots 1,2,3 and 4, OTTOVILLE LAKE MINNETONKA,
MINNESOTA, according to the plat thereof on
file or of record in the office of the Register
of Deeds in and for said County.
Revised 2/21/90 to show hard surface area calculations.
GENERAL NOTES:
o Denotes iron monument Proposed top of foundation elev. _
ofx'� Denotes cross chiseled in concrete
x931.3 Denotes existing spot elevation
987 Denotes proposed spot elevation
+- Denotes surface drainage
Dashed contour lines denote proposed features
Solid contour lines denote existing features
ALL -METRO LAND
SURVEYORS_
2340 Daniels Street
Long Lake, Minnesota 55356
Pli : 475 -1433
Proposed basement floor elev. _
Proposed garage floor elev. =
BENCHMARK:
I hereby certify that this survey, plan or report was
-repared by me or under my direct supervision and that
am a duly Registered Land Surveyor under the laws of
the State of nnesota.
/� ))/i- Ai - A A 19
DATE 10112188 REG . NUMBER 1 %0ZS
SCALE
I "= 30'
I BOI� JF`AGE
12
FILE NO.
88175 B
CERTIFICATE OF SURVEY
Prepared for' SIEVE AND CARMEN GARDINER
SETBACK ZONE NARDSURFACE PER CENT
ZONE AREA AREA COVERAGE
0 to 75 0
75 to 250 13,188 913 78
250 to 500 2529 865 34%
:_4.00 589031_'24
lV \.
GYAVCl
' pit
Gr
i%
9
13
IN
AREA : 15,111 so. Ft.
I
hti
tob
v\
v ti E r�
SOP ,
/
/
1
I
I
1
I
I
I
I
i
i
LEGAL DESCRIPTION: i
Lots 1,2,3 and 4, OTTOVILLE LAKE MINNETONKA,
MINNESOTA, according to the plat thereof on
file or of record in the office of the Register
of Deeds in and for said County.
Revised 2/21/90 to show hard surface area calculations.
Ir
t r �V G �L� \Yk
- 10V14X V)oiil �w
U
LEGAL DESCR I PT ION : i
Lots 1,2,3 an,] 4, OTTOVILLE LAKE MINNETONKA,
MINNESOTA, according to the plat thereof on
file or of record in the office of the Register
of Deeds in and for said County.
Revised 2/21/90 to show hard surface area calculations.
GENERAL NOTES:
o Denotes iron monument
�x. Denotes cross chiseled in concrete
x931.3 Denotes existing spot elevation
987 Denotes proposed spot elevation
-- Denotes surface drainage
Dashed contour lines denote proposed features
Solid contour lines denote existing features
ALL -METRO_ LAND
SURVEYOR S
2340 Daniels Street
Long Lake, Minnesota 55356
PIi: 475 - 1433
Droposed top of foundation elev. _
-oposed basement floor elev. _
.-roposed garage floor elev. _
BENCHMARK:
I hereby certify that this survey, plan or report was
prepared by me or under my direct supervision and that
I am a duly Registered Land Surveyor under the laws of
the State of_i�.nnesota.
1 ) ,4- A I • '4 _ ./1 /7
DA'rr•.
REG. NbriBER
/70Z5
SCALE
1 "= 300
BOOK PAGE
IL i2
FILE NO.
88f15 B