HomeMy WebLinkAboutProject PacketEXHIBIT � date reed
EXHIBIT --by (NI
fees ec' d
CITY OF ORONO o (S
SUBDIVISION APPLICATION FORM
APPLICANT Name Victor B. Norton Tult'PIKIM' 473 - 6329
Mailing
Address _3580 Baysido Roafi Lung, Lake, MN 55366
-PROPERTY Name Alvin T,Balgaard _ Telephonf-- 473-50.31
9WNERV, Mai ling
Address 3560 Bayside Road, Loner_ Lake MN bb368
(Attach list of more than onr)
PROPERTY LOCATIUN
Street Address bay side Road
Legal Description Part of lot 28 Aud. Sub. 203.ViMM outh of B-N line_ _
(PID) _1647 feet bouth gLLM oorner of N9.rtneast uuarter sso.
b, Township 117 North, Rsn ge -3 Most of bth Prim. Meridian
EXISTING LAND USE
Numb( of Tax Parcels
Dev,- -)pment Size _ _ Acres Dry Land
Acres Wet Land
Acres Total, all )parcels
Present Use (check) Residential; no. of units
other (specify) Lake Aooess
Present Zoning Dist.
PROPOSAL lot line rearrangement only (no new building sites)
subdivision for new building sites
number of building sites: existing units
new units
total units
proposed cross density units per acres
minimum lot size: square feet dry buildable land
proposed use: (cheek) residential
other (specify) Lskw.. Asooss
EXISTING LAND USE
Numb( of Tax Parcels
Deve )pment Size _ Acres Dry Land
Acres Wet Lana
Acres 'Dotal, all parcels
Present Use (check) Residential; no. of units
Uther (specify) Lake Access
Present Zoning Dist.
PROPOSAL lot line rearrangement only (no new building sites)
subdivision for new building sites
number of building: ,iites: existing units
_ new units
total units
proposed Gross du:isi t, _ _ units per acres
minimum lot size: square feet dry buildable land
proposed use: (cheek) residential
other (specify) Ldta.,._A&ees•
14INIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION
(Must be submitted 10 days prior to Planning Commission meeting)
1. Application completed
2. Preliminary Plat information on
a certificate of survey
3. Certified Property Owner's list of
owners within 35U' - from Hennepin
Co. Dept. of Finance A-603 Govern-
ment Center
t4. Stamped, legal sized envelopes 010
pre -addressed to each of the names ou
the above liet.
5. Application fee per current fee schedule:
sketch plan only $50.00
k 2 lot prelim. plat � 150.UU
_ 3+ lot prelim. plat 20U.00
(sketch plan included) + $10/10t
Additional improvement
review fees per fee
schedule
DATE .- APPLICANTS SICNATURE
DATE OWNER'S SIGNATURE
Applicant hereby agrees to provide all information required or requested by
the Zoninq Administrator, City Engineer, City Attorney, Planning Commission
and Council necessary to process this application and further agrees to pay
all additional fees established by ordinance.
'!
Al balgaard
1
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13
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jo 129 I Zd 1 27 1 26 1 1S
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i4 o A«,Ts
ABSTRACT OF TITLE
M51•=
1. All that part cf Lot 27, Auditor's Subdivisiri,
Number 203 lyin; Itortherly of a line, said line
being; described as follows: Commencing at a
point in the Nast line of said Lot 27, 292.49
feet South of the I.orth.aast corner thereof;
thence r:orthwosterly to a point in the 'nest line
of said Lot 27, 261 feet South of the northwest
cornea- of said Lot 27.
GORDON R. COFFIN
LAND RUPVUV')P AND PLANNi"
30213 WA'EPTUwlv ROAN
LUNG LAME M: 4N 905 1 "
3-14-93
Descriptinr fcr Vlct.nr ;`. ,*.0rtnr
In �rts .111 and 37, huditor's LuLdl-.rici_r !,-. 203
All- tlixtt pArt m#` Alvlltnrl, '!7-:nty,
'-nnF-:!ta I ps-r I 1-A a:! fni I ^wz i 12
r 1, 14 4 4
.-irt r! Pt%nt 10r.0.14 fft
.At
s
t:
be -1 r. I- c .5
t
.17 +1 e) t 37
Lot 79 n`
Minnoso+ thenc- Nnrt,, .4 'Lon
%U21tcrl!- th-rfv '.'crth 69`4� 1
West % dirtl-ne-" -f 6-- f—t :xr- cl tw1d
bearing ].in, -ine V.t :rt'.. Lin of rnurt-. -.--id; than" Jrmth-
easterl,y jlorl r,dd 1:t,rtf line of enunty i%,:id thi
r- 111; 'h� nr-p seettor. -f 1-n-nd 1 r-. I
7.qst -nt :r
EXC&PT t"'pt •Vj-t of V7
"c'.- -nc!ri 9t
t A it)
%
" a nn'.nt nn the 'Apst I'M- n,*�
North, F,..r!rvf, :13 1hant f tl%n 5th nrl,-X I ri I i - tart 1 ?5C. 76
fAe'. �omtl, rlr -or, -ir r F,.J.- 1,11,; t!,unry
Soutlnsterl:- sn an:*Ie --�f l,903' t" t 11 v. 2 o iclvern-
mpnt i i r Iri wn . A r.. 0 -qr t
l4no of s-Ic' CP%-"rrmprt ',ot .-A' line
+ + 1-4-! 1 r
?'rrtv; nlen, 1H !vimll-' 'I,,- 'act; t1in-,e
dofl-rtini- left. 6505"41" to r. ird V-3 feet
Zast of V-s i;est lirs- of rq=d '.1--noe _rn;th 3"^ng
Isist-t-A,.' FrirgUal ',In(- *- ,t !in- point ^!* IeAnnlrk;
a* ril-+t unclep to tl':a- 'wer'. '.I-! rl' :!Z!!-' .ot ?; thcrco S'llit
tr t.11- -,t-ln+ of N�rg.r-4n,-.
NoteMr, mbnvo de r!rtnti-,n hu- t,eqr emr-illed fro!- eyistlng descrip-
tion,: flirnished L, v Vx. No tor; r.n Neid surveyinf, h,,,.q boon
(ion'? fit t,iv tim,..
i r
RUN DATE 10/14/82 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401
ATCH 007 PROPERTY OWNERS LIST PAGE 12 •
B
38 05-117-23 12 0010 38 05-117-23 12 0011 38 OS-117-23 12 0012
PROP ACDR 03580 BAYSIDE RO 00165 BEDERWOOD RD 00185 BEDEPWOOD RO .
OI^tER NAME V E NORTON ETAL GEORGE S TERP G d G JANDRO
TAXPAYER VICTOR E NORTON GEORGE S TERP PATRICK 3 MAUREEN C KENNEDY
NA!tE/ADDR 3580 BAYSIDE ROAD 165 BEDERWOOD OR 185 BEDERWOOO DR
LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356
38 05-117-23 12 0013 38 05-117-23 13 0009 33 05-117-23 13 0010
PROP ADDR 00200 SEDERWOCD RD 00222 BEDERWOOD RD
OWNER NAME K C THOMAS ETAL DONNA M SOELZ OCNNA M BOELZ
TAXPAYER JOANN W SUSTAFS04 GERALD L GUSTAFSON GERALD L GUSTAFSON
NAME/ADDR 200 DEDERWOOD DRIVE PT 1 BOX 390 RT 1 BOX 390
LONG LAKE MN 55356 LONG LAKE MN 55356 LCNG LAKE MN 55356
t 38 05-117-23 13 0011 38 05-117-23 13 0015 38 05-117-23 13 0016
PROP ADDR 00220 BEDERWOOD RO 03510 BAYSIDE RD
CLP;ER NAME G 3 J GUSTAFSC!l V H LARSON ETAL LESTER NELSON ETAL
TAXPAYER GERALD L GUSTAFSON VINCENT H LARSON LESTER E NELSON
VAME/ADDR 200 DEDEF4000 DRIVE 25404 LAKE ROAD 3510 BAYSIDE RD
LONG LAKE MN 55356 BAY VILLAVE OHIO 44140 LON'S LAKE r..!7 55356
38 05-117-23 13 0017 38 05-117-23 13 0022 38 05-117-23 13 0030
PROP tDOR 03560 BAYSIDE RD 03580 DAYSIDE RD 03400 BAYSIDE RD
1 M,ER NAME TWIN CITY FED SAV/LN VICTOR E NORTON BOSSY J MEYEPS ETAL
TAXPAYER ALVIN T BALGAARD VICTOR E NCRTC4 B J M:YERS
Ntt:E/ADDR PT I BOX 388 3550 BAYSIDE ROAD 3400 EAYSIDE RD
LONG LAKE MN 55356 LONG LAKE MN 55356 LC!ty LAKE tel 55356
38 05-117-23 13 0041 33 OS-117-23 24 0023
{ PRO? ADDR 03566 BAYSIDE RD X
C NER NAME B M AtMERSON E I V ANDERSON HEPBERT T OLSON I WIFE T
TAXPAYER LYtrht E GREVICH HERLERT T 7LS04 TOTAL BATCH 007 00014 2
NA!!E/ADDR 3568 BAYSIDE RD 3640 9AYSIDE ROAD
LONG LAKE Y.N 55356 L04G LAKE MN 55356 ,
PUN DATE 10/14/82
BATCH 007
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 13
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCUPATE AND TRUE
REPRESENTATION OF INFORMATION AS :T APPEAPS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPAPTMENT OF FPOPEPTY TAXATICN, TO THE BEST
OF MY YNOWLEDGE AND BELIEF. /
DATE
CITY OF ORONO
NOTICE
The Planning Commission will hold a Public Hearing in the
Council Chambers at 1275 South Brown Road on Monday, November 15,
1982, at 7:45 P.M. on the matter of Victor E. Norton's appli::ation
for a proposed 2 lot residential subdivision of property
located at 3580 bayside Road.
All persons wishing to be heard will appear at this time.
Written comments are solicited.. Plans are available for review
in the City offices.
City of Orono
By: Planning Commission
JearCkabwsth, Zoninq Administrator
LAKE `'IINNETONKA SUN
AFFIDAVIT OF PUBLICATION
NORTH SHORE EDITION
840 East Lake Street
State of Minnesota
County of Hennepin
Wayzata, Minnesota
1) K MORTEAS0% heing duly sworn on oath says he in and during .ill limes here %Idled has been the
vice president and general manager of the newspaper know as The Like Minnetonka Sun North Shore
Edition and has full knowledge of the facts herein stated as follows e I i Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches 12i S.,id newspaper is weekly and I%distributed at least once every week 151 Said
newspaper has So" of its news columns devoted tit news of local interest to the communit% which n
purports to serve and does not wholly duplicate any other pablicalion and is not made up entirely o1
patents. plate matter and advertisements 141 Said newspaper is circulated in and near the
municipalities which it purports to serve has at least 500 copies regularly delivered to paying
subscribers. has an average of at least 73" o1 its total circulation paid or no more than three months in
arrears and has entry as %econd•cluss matter in its local post -office 15) Said newe :per purports to serve
Wayzata. Orono, Medina Mound. Plymouth Spring Park. Minnetonka [leach. Mnneirisla. Maple Plain
and Long Lake in Hennepin County and it has its known office of issue in the City of Wayzata in Hennepin
County. established and open during its regular business hours for the gathering of news sales o'
advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or
persons in its employ and subject to his direction and control during all such regular husn"% hours and
devoted exclusively during such regular business hours to the business of the newspaper and business
related thereto (8) Said newspaper files a ropy of each issue immediately with the State Historical
Society (71 Said newspaper is made available at single or subscription pares to any person corporation.
partnership or other unincorporated association requesting the newspaper and making the applicable
payment. IS) Said newspaper has complied with all foregoing conditions for at least one year preceding
the day or dates of publication mentioned below 191 Sald newspaper has filed with the Secretay of State
of Minnesota prior to January 1, 1966 and each Jiinujr% I thereafter an affidavit in the form prescribed
by the Secretary of State and signed by the managing officer n1 said newspaper and sworn to before a
notary public stating that thr newspaper Is a legal newspaper
H
He further states on oath that theNotice printed _.__ of ___ Public _....�.__ __..earin�..._
hereto attached as a part bereft( was cut fnu , , - �.i:uns of said newspaper and was printed
and published therein in the English language omv each week. for.0nP..surce%site works
that it was torsi so published on.ypid r 3 day of_�OYE111b@Y_ 19._�2_
and was thereafter printed and pohb%hod tin ,very _ ... to and including
__..-- ._.--- _Ihe day of ....._. , _.. _ 19 . _ ._ _ and that the lullo%ing Is .t printed copy
of the luvier case alphabet from .4 to Z. both inclusive .rod is he•rerhy acknowledged a% being thr• stie and
kind of type used in the a!,niposition and publication ref said norie,• to wit
..MA«Ira;; klmmq•yniar +•, i
natal rebbeeabm
ITT of 000r0
or rl aRte Na Awtb4
"I..inn�wwyrwwin IrM
�j iiis RM W
IM
Cy in stu► .1 vIeteer C
ot
IiN M • MMn� z
All tiiw Mbew.rel.en
.�� • MIM wfMiM � on.
nl@M an solkOW flan .to .•.ei
ow 14W revreo is Ibr 1 .01 oIIkw
CUT of or•ia..
JEAN MANI ITN
loning Adentamr.enr
♦n. t �ar 1 %KF
He further states on oath that the prtnh•d_ Notice of Public Hearin_
heretrt attached am a part herrnf was t-ut frutn the rolu►nn. 40 %.+ut n.•w•paper and war printed
and published tht•rem In the FAI911A Lonwi.,Kc „nt t• t at h week, for.OnP_sut•cer-rive aeekn
that It Aas tire► .(i pu► h0ii-I ,,v Wed 1"k. 3 d.1% „t November
and Nits tnereoncr printed and Inthllnct-4 ,n r,er}
to and Including
_ --.—_the------_ _ da% tit. ..-... 14 -.. .uuf that the fulliming it it printed ropy
Of the ItrAtV rase alphabet from A to Z Ivoth lnclusi-, and is hert•hq acknowledged a.% being the s►ie and
kind sit type used in the composition and puhluval►un ,ot s:ud notice tit %kIt
hrd• IghilkIris n ,p,►r.tv, w„r
V
Suhsrribt•d and sworn its More me this..... 3 _ . da> t►f .NoYemb.er . 19
HCDBLOM
� •� yt;vt�
t
A Resolution Approving A Metes
and Bounds Subdivision Application for
Victor E. Norton
Whereas, the City of Orono is a municipal corperation or-
oanized and existinn und,.r the laws of the State of Minnesota;
and
Whereas, the City Council of the City of Orono 'hereafter
"City") has adopted subdivision regulations for the orderly,
economic and safe development of land within the City; and
Whereas, the City Council has considered the application
for a subdivision of lots 28 and 36, Auditor's Subdivision
No. 203 of Victor E. Norton and Mabel M. Norton, husband
and wife, (hereafter "subdividers"); and
Whereas the City has granted a variance to the area standard
of the LR-lA zoning district based on the following findings:
1. Each newly created parcel has sufficient shoreline to
satisfy zoning district standard of 200' shoreline width.
2. Each newly created r.:rcel has sufficient depth to permit
safe riparian ust�.
3. The newly created riparian lots will be within 66' of
their owners' hoatestead lots.
4. There is navigable access to the newly created riparian
lots.
Whereas, the subdividers have completed all requirements
of the city, including:
1. Execution of a Special Lot Combination with the City
providing certain limitations on the use, improvement
and sale of the newly created riparian lots.
2. Payment to the City for the legal review and filing of
this subdivision and all documents related thereto in
the amount of $75.00.
Now, Therefore, Be It Resolved, that the City Council of
the City of Orono hereby approves the metes and bounds division
of Victor E. Norton according to the legal description shown
on the Certificate of Survey by Gordon R. Coffin, dated,
revised January 24, 1983 and attached to this resolution
subject to the condition that the aforesaid division shall
be filed with the Hennepin County Recorder's Office on or
before December 13, 1983, together with a certified original
copy of this Resolution.
The approval granted by this Resolution shall expire if the
filing has not been completed by the date specified above.
In that event, it will be necessary to file a new application
with the City of Orono for subdivision review.
Adopted by the City Council of the City of Orono, Minnesota
at a reqular meeting held June 13, 1983.
Mary C. Buticr, Mayor
Attest: _
Alberta M. S.rom, City Clerk
SPECIAL LOT COMBINATION
AGREEMENT
This indenture is mile inrl entered into this 13th day of June, 1993, ')y
an.-] bet.wQ�n T. Ralgaar,1 a:) l Beatrice ,..H....Bal.gA.Ar.d ..., thei r
heirs, successors and assigns (hr.rei;la T-ter t:r�l1t '- i"vely reft:rre(.i to
as "Grantor (s)") and the City of Orr,no, a munirinil corer,ration under
the laws of the State of. Minn•rsot.i, its, sucrof;sors and assigns
(hereinafter referred to ac ":3rante,, ") .
TTNESgE;',"11:
WHEREAS, Grantor (s) are the owner (s) of real property
Orono, County of. Hennepin, Stare of Minnesota, legally
follows (anti hereinafter collectively refirre•i
"properties"):
See At ta::he 1 F,xhihi t A
(hereinafter 4 scribe-] as "parcel A"); and
st9:? AY.1'..9.^. It"j :Xtlit) i'. ;i
(hereinafter :1-!s^riE)e•'i as ")-ircfit ;1"); An'1
in the City of
described as
to as the
5dH REA3, Parr.3l A ar1:1 Par::,'l 3 •ir - frt7'n 'a:.�l ti�:ilE'C
which prevents their bein.J comiained into one legally described lot or
parcel., and/or for sane or other, reason the Hennepin County
Assessor can not combine Parcel A and Par^el_ i3 intr., one parcel for tax
purposes; •in:1
WHEREAS, notwithstanding the above it is the intent of Grantor (s) and
Grantee that Parcel A and Parcel A are and shall henceforth be continued
in common ownership by the same person or persons, and further that
Parcel A and Parcel S are intended to be used and/or developed in common
by :;rantor (s) as if t.�i?y in ra::F oc' two.
NOWTHER;FORF., for an,1 the sumof, one Dollar
and other %ral.uablt? ronsi:lerat_ion, Grantor(s) hereby covenant, grant,
gift_, quit claim and convey to Grantee the right to restrict, and
Grantor(s) hereby agree to restrict, limit and preclude theownership,
use, improvement and development of Parcel A and Parcel B according to
and under the conditions and covenants herein contained, as follows:
1. Grantor (s) agree that Par Iei A :1nd Parcel g shalt fie nrefor th be
rontaIned in common use and own-�rship even if recorded as
separate lots or parcels, ind that. Patrol A Anel Parcel 13 will not
he user], conveyri•"1, solid, based or otherwise enumbr• (fir) lxr:r?pt
togethor as if they ware .i ,i n 11N p.irr,at .
2. Grantor (%% At id 1rant ov i;ilvt P.ir...eI A shal l t rc,nst;Iornri
the primary taarr.eI which may br! ;I.;,�ri r,r develop.-H far any
prinr-lpAl use as may 1',e per • irl r_ho z„ning dist.rIC:t, suhjec!-.
to all per forman-:P stand•)r J!; owl ipnrr,v•il'> required therefore.
;. Grantor (s) and Grant► a a.lroo that ?arf-ul B shill l be ("onsiderad
accessory to ?arcel A, ant fiat_ ?ar;,ol R rnAy he used or clevel )ped
for a,:;.essr,ry use, as 11-iy :i;� p!r ni I:s_ ,,i in th-.- zoning di-3tr ir-1:,'.•)ril
one y at such t imr: t'lat..a gr i n;-d p11 Ise i s 03tA1111 she,1 on Parr:►;l A,
and S111)ject. to All
;.11'r '",r +.
'� . it i'lt:,r (31 •lj•. �+r? i:) r'!:i�-f !'.. .1;1'r 1 �11 ..�l � ,Iy....in,1,1 ,r Iopr
r,f Parc?1 3 .9•i c 1,
a) Allfuturi url:;l" t r ':t, i:,rl - ,'t' 1 '11� 1 ii11 ",?A LO lock ho`f not tr�
exreed 5 feet In height. an:l 1:1'+ ; luir,� foet in area inrd .i yirjjl.e
resident'.1AI dor k blli'It tea Llie st. And A.rrlq ',F
LMCD and the City of rjronr,.
b) Grantee wi 11 not, approve of a divisir,n of Parc,:l R.
5 Grantee sha11. not issue- Any br1i1,11nq pnrmIt, 2onIn:l variance or
conditIon•aI Lisp pr-rmI!: for my stroct.clre or use on the properties
inconsistent wi th the covenant !-ont.alneA herein.
6. Gr,,int_or(s) Hereby grime t:o ,r.anteP the right to enter upon the
above describefl propr.rtie,; for t:`1r'1 oilrposr!s of inspect.ion and
enf.ort-otnon;: of i•tlo :::;�,:'rl silt. > r,:ll. , i r)rY l ?i0rr' i ;i, an l to r.irlS1;w
1Awf.uily rolioved from t.hesr .)ropiirtIes'w1t'It ",.1r_ .any llahiIItyany
st_rur:l:urr�S, uses, subst.•in-es Arid natural. r;r unnituraI maf.erIaIs
inconsistent: with t_he r-ovenants contained herein.
7. in add i t ion to any other rc:rn,!:dy :,rant may have, the covonantr
and restrictions contained herein may be enforcers by injunction.
Grantor (s) who are in possess 4rrn of, these properties shall pay to
Granter- all roses an-1 expense-: including attorney; feces incurred
by Grantee in enforcing t.)le terms of this indenture.
R. The terms and conditions of this indenture may be . :.,IfIed,
Amended or ext•injuishc-d and t•.hereaf.tor Parcel A And Parcel. 8 may
be subdivided, sold separately or reduced in part only upon
application by 3rantor(s) to Grantee for Approval of a
"Subdivision" in accordance wic:h the platting code of the City in
effect at :he time of such Application.
9. Grantor(s) agree that recording of this indenture shall not vest
any property rights in the properties and that any zoning or
development authorities granted herein orhereinafter because of
this indenture shall remain subject to future regulation,
modification and/or limitation by Grantee or other regulatory
bodies in accordance with legally applicable and ent
zoning or other or:iinan^7*s of Grante=i.
11. Grantor (s) do not intend that: the peil)l.ir s ioul.i have any int:e'resi:
in the above properties by virtue of this indenture or otherwisr-,
except as hereinabove set forth.
All provisions hereof shall run with the land and shall extend to and
bind the heirs, successors, representatives, grantees or assigns of
the respective parties hereto.
CITY OF ORONO GRANTOR (a)
By
Ma Ng--� rAlSal aarAnd
� v� � V
City Clerk Beatrice ii. aalgaard
STATE OF MINNESOTA
SS. ( .1 y
COUNTY OF HE'JNEpIN
,rho foregoing insr.ro!'v!nt was a^.'knowledlod before inn 1,11is
/ 3 d a Y of 19 3,
b
2Voft� U-c and' - ���. .�-.....
Mayor a�rf;i City Cler"W', respectively, �,f. the �,ity oo, a Minnesota
municipal corporation, on behalf of the municipal corporation.
JOHN R, GEppHARD80N WARY TY PUBLIC
A" P1JtsUC-MINNltipTA
�bN!°°"""INri
MY CQMMISSION' EXt fliff �
STATE OF MINNESOTA )
) ss. (Individual Acknowledgment)
COUNTY OF HENNEPIN )
On this /3 play of �y� , 19J� , before me, a
Nota y Public witand for s �3 County, personally appeared
known to me to be the person(s) `escribed in and who executed the
foregoing instrument, and acknowledged that he (they) executed the
same as his (their) free act and deed.
JONN R. OERHARN OSOIV _ ?r� <1� J"'t —Z � --�--
�' MOTAl1Y PUBLIC-1AINNESOTA C j R Y PUBLIC
X27HMO NrN�E�P^N COUNTY
fir /0.��
to - 2 f_• 43
MY COMMISSION EXPIRES
This document is being recorded for the benefit- of the City of Orono per
Minnesota Statutes 386.77.
State Deed Tax Due Hereon: Exempt
This instrument was crafted by:
City of. Orono
P.O. Box Arl
Crystal Bay, MN 55323
471-1151
EXHIBIT A
All that part of Lot 27, Auditor's Subdivision Number 213 lying
Northerly of a line, said line being described as follows: Commenc1ng
at a point in the East line of. said Lot 27, 292.49 feet South of. the
Northeast corner thereof; thence Northwesterly to a point in the West
line of said Lot 27, 261 feet_ South of the Northwest corner of. said Lot
27.
EXHIBIT B
That part of Lot 28, Auditor's Subdivision Number 203, Hennepin
County, Minnesota, lying South o'f a line drawn East perpendicular to
the West line of said Lot 28 from a point on said West line distant 1797
feet South from the Northwest corner of the Northeast quarter of
Section 5, Township 117 North, Range 23 West of the 5th Principal
Meridian.
SPECIAL LOT COMBINATION
AGREEMENT
This indenture is made and entered into this 13th day of .June, 1983, by
and between Victor E. Norton and Mahcl 1'1. Not ton, husband and wife,
their heirs, successors and assigns (hereinafter collectively
referred to as "Grantor(s)") and the City of Orono, a municipal
corporation under the laws of the State of Minnesota, its successors
and assigns (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, Grantor (s) are the owner (s) of real property n the City of
Orono, County of Hennepin, State of Minnesota, legally described as
follows (and hereinafter collectively referred to as the
"properties") :
See Attached Exhibit A
(hereinafter described as "Parcel A"); and
See Attached Exhibit B
(hereinafter described as "Parcel B"); and
WHEREAS, Par, -el A and Parcel Bare physically separated from each other
which prevents their being combined into one legally described lot or
parcel., and/or for the same or other reason the Hennepin County
Assessor can not combine Parcel A and Parcel B into one parcel for tax
purposes; and
WHEREAS, notwithstanding the above it is the intent of. Grantor(s1 and
Grantee that Parcel A and Parcel Bare and shall henceforth be continued
in common ownership by the same person or persons, and further that
Parcel A and Parcel Bare intended to be used and/or developed in common
by Grantor(s) as if they were in fact one parcel instead of two.
NOWTHEREFORE, for and inconsideration of the sum of Una Dollar ($1.00)
and other valuable consideration, Grantors) hereby covenant, grant,
gift, quit claim and convey to Grantee the right to restrict_, and
Grantors) hereby agree to restrict, I imit and preclude the ownership,
use, improvement and development of Parcel A and Parcel B according to
and under the conditions and covenants herv:in contained, as follows:
1. Grantor (s) agree that Parcel A and Parcel B shall henceforth be
contained in common use and ownership even if recorded as
separate lots or parcels, and that Parcel A and Parcel B will not
be used, conveyed, sold, leased or otherwise encumbered except
together as if they were a single parcel..
2. Grantor (s) and Grantee agree that Parcel A shall- be considered
the primary parcel which may be used or developed for any
principal use as may be permitted in the zoning district, subject
to all performance standards and approvals required therefore.
3. Grantor(s) and Grantee agree that Parcel B shall be considered
accessory to Parcel A, and that Parcel B may be used or developed
for accessory uses as may be permitted in the zoning district, but
only at such time that a principal use is established on Parcel A,
and subject to all performance standards and approvals required
therefore.
4. Grantor (s) agree to restrict and limit the use and/or improvement
of Parcel B as follows:
a) Parcel B may be used for not more than one residential dock
subject to ordinances and regulations of the DNR, LMCD and the
City of Orono.
b) All existing structures on Parcel. B are non conforming and
subject to all pertinent ordinances of the City of Orono.
c) New construction of future accessory structures shall be
limited to one lock box not to exceed 5 feet in height nor 100
square feet in area.
d) Grantee hereby agrees that at some future date Grantors may
apply to divide Parcel B to creat one additional riparian lot
subject to all subdivision and zoning regulations as may then be
in effect.
5. Grantee shall not issue any building permit, zoning variance or
conditional use permit for any structure or use on the properties
inconsistent with -the covenants contained herein.
5. Grantor (s) hereby grant to Grantee the right to enter upon the
above described properties for the purposes of inspection and
enforcement of the covenants contained herein, and to cause to be
lawfully removed from these properties without any liability any
structures, uses, substances and natural or unnatural materials
inconsistent with the covenants contained herein.
I. In addition to any other remedy Grantee may have, the covenants
and restrictions contained herein may be enforcer] by injunction.
Grantor (s) who are in possession of these properties shill pay to
Grantee all costs and expenses including Attorneys Fees incurred
by Grantee in enforcing the terms of this indenture.
_.-j
R. The terms and conditions of this indenture may be modified,
amended or extinguished and thereafter Parcel A and Parcel B may
be subdivided, sold separately or reduced in part only upon
application by Grantor(s) to Grantee for approval of a
"Sub6ivi.sion" in accordance with the platting code of the City in
effect at the time of such application.
9. Grantor(s) agree that recording of this indenture shall not vest
any property rights in the properties and that any zoning or
development Author itiAs granted herein or hereinafter becauseof
this indenture shall remain subject to future regulation,
modification and/or limitation by Grantee or other regulatory
bodies in accordance with.legally applicable and enforceable
zoning or other ordinances of Grantee.
10 Grantor(s) do not intend that the public should have any interest
in the above properties by virtue of this indenture or otherwise,
except as hereinabove set forth.
All provisions hereof shall run with the land and shall extend to and
bind the heirs, successors, representatives, grantees or assigns of
the respective parties hereto.
CITY OF ORONO GRANTOR (Sti
B� '
y-v� - - - -----------
Mayor
And22ls
City Clerk
STATE OF MTNNESOTA
ss. (City Acknowledgment)
COUNTY OF HENNEPIN
The foregoing instrument was Acknow1priged before me this
_ dayof _ 19J'' by
t��-c-r- - - '
%N'Q� - lJ=c�''.c and —�i� .� ^t�Ys-►.. _��- _ _ '
Ma or And Cite Clerk- respectively, Y l----__
y y p_ y, o the City o f Orono, a Mi nnesota
municipal. corporation, on behalf of the municipal corporation.
JOMN R. GERHARD80N a_4? _�_
NOTARY ►WUC-M1NNESOTA r-------------.------_._ __�
NENNEPIN COUNTY NOT RY PUBLIC
w OMMLWM ter.. *-am
MY COMMISSION EXPIRES
STATE, OF MINNESOTA )
) ss. (Individual Acknowledgment)
COUNTY OF HENNEPIN )
On this _ day of 19d03 before me, a
ota Nry Public within and for s917d County, personally appeared
known 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.
JOHN R. OERHARDSON aw"'7 0f
ffabft-A NWAIIY PUwa•wNNESOTA NOTARY -PUBLIC
HENNEPIN COUNTY
W w.n+.dw 000 aaw
Opp I /v-'&'-j-`i
MY COMMISSION EXPIRES
This document is being recorded for the benef it of the Ci ty of Orono per
Minnesota Statutes 386.77.
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City of. Orono
P.O. Box Ari
Crystal Bay, MN 55323
471-7157
F: x m iwr A
All that part of Auditor's Subdivision Number 203, Hennepin County,
Mtnnesot:a, described as follows: Lot 29, and all that mart of Lot 37
whichlieswithin the following described lines: Beginning at a point
distant 1009.14 feet South of. the Northwest corner of Government Lot 3,
Section 5, Township 117 North, Range 23 West; thence South 341.22 feet;
thence at a bearing of South S9030' East a distance of 325.29 feet;
thence North a distance of. 375.21 feet.; thence at a bearing of North
65051143" West a distance of 19A.50 feet; thence West 126.17 feet to
point of beginning; and also all that part of said Lot 37 described as
follows: Beginning at the Northeast corner of Lot 29 of said
Auditor's Subdivision Number 201, Hennepin County, Minnesota; thence
North along the West boundary line of Lot. 35, said auditor's
subdivision, a distance of. 1.49 feet; thence North 59031114est a
distance of 83 feet more or less to the intersection of said bearing
line and the North boundary line of county road; thence Southeasterly
along said North boundary line of county road to the intersection of
said boundary line and North line of said Lot 29; thence East along
North line of Lot 29 to the point of beginning,
EXCEPT that part of said Lot 37 described as follows: Commencing at a
point on the West line of Government Lot 3, Section 5, Township 117
North, Range 23 West of the 5th Principal Meridian, distant 1350.36
feet South of. the Northwest corn-?r of said government lot; thence
Southeasterly at an angle of. ;903,1' to 04i 10st Lille of, said :]*Vernment
lot to a line drawn parallel. to and 3715.54 Feet Fast: of: l.i'le of
said Government Lot 3; thence North along said parallel line 237.45
feet to the point_ of beginning of the property being described; thence
continuing North along said parallel line 87.75 feet; thence
deflecting left 55053143" to a line drawn parallel to and 163 feet East
of the West line of said Government Lot 3; thence South along last -said
paralled line to a line drawn through the point of beginning at right
angles to the West line of. said Government Lot 3; thence East to t-he
point of beginning.
EXHT3TT B
Lot 39; Auditor's Subdivison Number >.ti3, Hennepin County, Mi.i i-�sora,
and that part of Lot 28, said auditor's wil-Aivision, 1••in:; 'vc): '-h of a
line drawn East perpendicular io the Wps. 'ne of s-ii : of 28 i:rom a
point on said West line distant 1797 _ '; utf; ; r .,-i he Northwest
corner of the Northeast quarter of Se-` : n 7shi ; Jc,: th, Range
23 West of. the 5th Principal Meridi.-
EXHIBIT B
That part of Lot 28, Auditor's Subdivision Number 203, Hennepin
County, Minnesota, lying South o*f a line drawn East perpendicular to
the West line of said Lot 28 from a point on said West line distant 1797
feet South from the Northwest corner of the Northeast quarter of
Section 5, Township 117 North, Range 23 West of the 5th Principal
Meridian.
TO: Planning Commission
FROM: Jeanne A. Mabusth
DATE: November 10, 1982
SUBJECT: #715 Victor E. Norton - 3580 Bayside Road -
Preliminary Subdivision
Zoning District - LR-lA
Area - Total land = 32,900 sf
Dry land = 29,900 sf
Wet land = 3,000 sf
Application - Subdivision - Metes and Bour.ds - 2 Parcels
List of Exhibits
Exhibit A - Application
B - Property Owners List
C - Plat Map
D - Plan
The applicant proposes a metes and bounds subdivision of his
Jakeshore lot totaling 32,900 sf in area and approximately 691+
lineal feet of shoreline. The owner wished to divide the property
and sell the newly created lot B to Alvin Balgaard - please review
the enclosed plat map designating the location of the Balgaard
property. A division of this property will assure that the
property could never be used as a separate buildable lot because
the City would require both Norton and Balgaard to file "special
lot combination agreements" with the City. The lot width along
the lakeshore should be adjusted to satisfy the 200' width standard
of the LR-lA zoning district. The area requirement needed to
support a house and septic system need not apply.
The subject property, a separate ripairan, non residential outlot
with extensive shoreline frontage always presents a problem
for the City with the potential of illegal leasing and/or private
easements.
if approved your recommendation should require that both Norton
nd Balgaard execute special lot combinations with the City and
3just the division line so that Parcel B has at a minimum 200'
.f lakeshore frontage. Planning Commission may consider an equal
division so to discourage any greater density of lake use.
page 2
#715 Victor E. Norton - 3580 Bayside Road -
Preliminary Subdivision
November 10, 1982
If Planning Commission denies the application the following
findings can be made:
1. Lot area and lot depth standards have not been met
2. Detrimental to the public health, safety and welfare because
of the increased usage on Stubbs Bay, a bay that the City
has recognized in the past as having severe environmental
problems.
PLANNING COMMISSION MEETING OF NOVEMBER 15, 1982 Page 2
V
At 7:45 P.M., Chairman Hammerel announced that now PUBLIC HEARING
was the time and place for the public hearing 3580 Bayside Road
to consider the preliminary subdivision request of #715
Victor Norton, 3580 Bayside Road. Zoning Adminis- Victor Norton
trator Mabusth presented the Notice of Public
Hearing, Certificate of .sailing, and Affidavit of
Publication.
Mr. & Mrs. Norton were present; also present: Gerald
Gustafson, 200 Bederwood Drive, and Alvin Balgaard,
3560 Bayside Road.
Discussion included the motive for the subdivision to
be used for riparian rights only; that the division
does not create two unbuidable lots; that it be made
impossible to build on; t�Q relation of Mr. Balgaard's
property to the proper* r location of his dock, and
that a precedent not :t for such subdivisions.
Chairman Hammerel closed the public hearing at 8:00 P.M.
Member Goetten moved, Rovagno seconded, to table the
preliminary subdivision request of Victor Norton,
3580 Bayside Road, for review and advice from the
City Attorney concerning the question of platting the
property to achieve riparian and buildability controls,
and the possible need to realign the lot lines of
Parcels A & B so that portions of Parcel B are located
directly across Bayside Road. Motion, Ayes (6) - Nays (0).
At 8:10 P.M., Chairman Hammerel announced that now PUBLIC HEARING
was the time and place for the public hearing 2987 Casco Point Road
to consider the preliminary subdivision request of #712
James Hartzell, 2987 Casco Point Road. Zoning fames Hartzell
Administrator Mabusth presented the Notice of Public
Hearing, Certificate of Mailing, and Affidavit of
Publication.
Mr. Rick Sathre was prer.ent representing Mr. Hartzell.
Zoning Administrator N.abusth explained the need for
the 30' right of way.
Discussion centered on the 30' right of way, some of
which is already on the subject property; and that the
tennis court on Lot 1 contains the majority of the
hardcover allowed, so that no principal building can be
located on I.ot 1 at a future date without the need for a
variance.
Chairman Hammerel closed the public hearing at 8:30 P.M.
Member Callahan moved, Kelley seconded, to approve the
three -lot plan as presented for James Hartzell, 2987 Casco
Point Road, finding that all lots meet the standards of
the LR-1C Zoninq District and to approve the existing
6% hardcover variance on Lot 1 created by the tennis court;
(Continued)
Y' Y Or ILPIM AL11 It P
P" Mm Bon 66•Crystal Bey, Minneoot& 55,1'2:i•Ntunicipal Of Cts
Telephone 4737357
Victor E. Norton
3580 Bayside Road
Long Lake, Mn. 55356
NOTICE OF PLANNING COMMISSION ACTION
Date of Meeting 11-11-_R2_
Votes: 6 For Against
Cron t rot NO.
_ Variance
Conditional Use Permit
Subdivision, Preliminary
Date of Notice 11-16-82
cc: Alvin T. Balgaard
3560 Bayside Road
Long Lake, Mn. 55356
Planning commission recommends the following:
Approval: As submitted
Approval: Subject to conditions noted
Approval: Additional information required before Council meeting
Denial: For reasons noted
_ Tabled: Pending receipt of additional information from applicant
Xxxx Tabled: Pending review by others, or further Planning Commission
study
No action required
NOTES AND SPECIAL CONDITIONS The Planning Comm1' s ^^t o-' to table action
on your preliminary plan subject to staff receiv-ving_advice from the City
Attorney concerning the question of platting the property to achieve riparian _
and buildabilit} controls. The Planning Commission has also asked that t_hg
City Attorney address the possible need to realign the lots lines of A & B
so that portion of Parcel B are located directly across Bayside Road. I will
advise you when your application is rescheduled before the Planning Commission
for action.
Applicant's next scheduled meeting is confirmed as:
Planning CorrnissionCouncil
�JApplicant's next scheduled meeting is dependent upon receipt of
L additional information. Deadline for the
meeting is % or
for the meeting.
In all cases, the application must be continued with the submittal of
requested information withinor the City will consider the application as formally withdrawn.
If the applicant has trouble obt_!ininq additional infr.)rmation, please
contact the Zoning Administrate-.
If you desire certified cnpies of Planning Cor mission Minutes
they are available from th•.: Bui 13in•j and Zoning Secretary upon review
and approval by the Planning Ccr•..nis ion.
V . E . NOR TON
3590 BAYSISDE ROAD
LONG LAKE. 'MN 55356C�@�,
26 NOV . 82 �frlj
NN2910 �
MS . JEANNE MABUSN
ZONING ADMINISIRATOR CITY OF ORONO
CITY OF ORONO
P11.01. BOX 66
CRYSTAL BAY-. MN 55323
DEAR MS'. MABUSTH .
IN RESPONSE TO YOUR COMMUNICATION OF 11-16-92 REGARDING PLANNING
COMMISSION ACTION ON CONTROL NO. 715 MAY I COMMENT.
MR, ALVIN T. BALGAARD CONTACTED ME A CCUPLE OF YEARS AGO ABOUT THE
POSSIBILITY OF ADDING A PORTION OF LOT 28 TO THE PARCEL OF REAL ESTATE
HE OWNS ACROSS HIGHWAY 84. HE ALSO STATED THAT HE HAD DISSCUSSED
THE MATTER WIT►1 THE CITY OF ORONO AND THEY HAD SEEN NO REASON WHY THE
TRANSFER COULD NOT BE MADE.
ON THAT BASIS EXAMINATION OF ZONI UNG ORANCES . SURVEYS, PLAT
DESCRIPTIONS, CONSULTATION WITH YOUR OFFICE AND THE HENN . CO.
GOV. CENTER. ETC. HAVE BEEN MADE IN AN EFFORT TO MEET BALGAARDS
WISH'. IT PUZZLES ME HOW THIS CAN BE SUCH A "UNIIUE" CASE.
TO ADDRESS ANOTHER IMPLICATION IN YOUR COMMUNICATION THE NORTH END
OF ITEM "B" IN THE COFFIN SURVEY PUTS IT OPPOSITE THE BALGAARD
DRIVEWAY WHICH IS THE MOST DIRECT ROUTE FROM HIS RESIDENCE. TO LAKE
MI NNETONKA'.
THE 200 FOOT SHORE LINE STIPULATION WA3CHECKED BY THE SURVEYOR
AND FOUND TO BE MORE THAN THAT. ONLY TO BE TOLD AT THE MEETING THAT
"STRAIGHT" LINE MEASUREMENTS APPLY RATHER THAN THE "DOG LEG"
NATURE OF THE SHORE LINE .
ANOTHER IMPLICATION - THAT THESHORE LINE, OPPOSITE THE BALGAARD PROPER-
TY BE INCLUDED IN ITEM "B". SUCH AN ORER JOULD IN EFFECT DENY
THE OWNWER OF THE REMAINING PARCEL "A " F ESONABLE ACCESS TO LAKE
MI NNETONKA .
MR BALGAARD EXPLAINEDTO ME THAT HAVING IHE PARCEL "B" ADDED TO
HIS PROPERTY WOULD INCREASE IIS VALUE. HE IS NOT ALONE IN THAT ASSESSM
ENT'. THE TAXES ON LOT 28 HAVE GONE UP 2980/6
SINCE HE BEGAN NEGOTIATIONS. I HOPE THE PLANNING
COMMISSION CAN FIND SOME wA;VGRANT HISWISH.
75
VERY TRULY YOURS .
V .E . NOR TON
TO: Planning Commission
FROM: Jeanne A. Mabusth, Zoning Administrator
DATE: December 2, 1982
SUBJECT: #715 Victor E. Norton, 3580 Bayside Road - Preliminary
Subdivision
Review of Application - Planning Commission tabled action on the
application on November 15, 1982 pending
further imput from staff.
Planning Commission Action - Action on division or table based
on need to review criteria used to
deny or approve division.
I have enclosed a recent letter from Mr. Norton citing his concern
over specific issues raised during the review of his division.
First, the Orono staff makes no determination as to the acceptability
of an application. If asked, we will advise as to the feasibility of
an application based on our experience and knowledge of previous
Council action. Clearly, this is not one of our usual applications.
The application involves the division of a riparian outlot
and the approving, of an additional lake use unit. I know of
no other application involving divisions of existing riparian
outlots. In the Bayside Beach plat, an existing riparian outlot
owned in common with ether contiguous lakeshore properties was
allowed to remain as an outlot for resale to another homeowner
within 2,000' radius of the outlot. The DNR retains all tax
forfeit lots that are 50' in length and 33' deep for future
public use.
We will need to review existing standards and determine what
appears reasonaole. Create new criteria applicable for this
type of division - review the Comprehensive Plan specifically
the environmental section, LR-lA zoning district, LMCD codes.
Fo•r Example:
1 - If an outlot is created, the homestead lot must be
located within 200', 400', 600' of outlot.
2 - The average depth of the lot must at least meet the
minimum DNR standard of 33'.
3 - Lakeshore Frontage must satisfy width standard of
relative zoning district.
#715 Victor Norton
Page 2
Subdivision
4 - No structures allowed on such outlots except for a lock
box structure not to exceed 3', 4', 5' ?? in height or
20 sf in area.
5 - Require special lot combination agreements when such
ownership patterns are created.
Parcel A has 400'+ of lakeshore and an average measured depth
of 70' to 80'. Parcel B has 200' of lakeshore and an a-:erage
depth of 30' to 40'. The depth of the outlot widens as you
go northward.
As for requiring a plat, the planner strongly reco=ends approving
a metes and bounds division for if platted there may be more
chance of pressure for residential development at some time in the
future. As for a plat being more acceptable over a metes and bounds
division because of the changing, eroding shoreline, a metes
and bounds description would run to the existing shoreline and
the plat defines the shoreline at the 929.4 elevation. The
need to establish a fixed shoreline point does not appear an
issue for this review.
The Planning Commission should make a recommendation regarding need
to realign the lot line so that a portion of the outlot is located
directly across the street. The lots still remain legally impossible
to combine as one tax parcel. What practical reasons would
require the realignment - greater depth to north, less potential
for accidents, easier to watch over property - Planning Commission
you make a recommendation and if you ask for it how wide of a
corridor is to be required 20', 50', 100'?
If you propose to deny this application your findings should
cover some of the following criteria:
1 - Negative precedent setting.
2 - Create a hazardous condition that would be detrimental to
the public health, safety and welfare.
3 - If strict determination of LR-lA standard need to
approve several variances.
P
*#556 RICHARD HAWKINSON
4'65 WEST BRANCH ROAD
"0671 SCHLEE BUILDERS
3660 SHORELINE DRIVE
_/#715 VICTOR E. NORTON
YYYYYY 3580 BAYSIDE ROAD
# 719 THOMAS E. McCUE
3235 CRYSTAL BAY ROAD
EXHIBIT
Callahan moved, Kelley seconded to approve the
preliminary subdivision according to staff
recommendation and adled on additional condi-
tions as outlined. Motion, AyQs (4) - Nays (0) .
Callahan moved, Kelley seconded to approve the
final plat, West Branch Hill, subject to the
findings and conditions setforth by staff.
Motions, Ayes (4) - Nays (0).
Calahan moved, Kelley seconded to adopt
Resolution #1404 approving Schlee Buil-ders,
3060 Shoreline Drive final subdivision.
Motion, Ayes (4) - Nays (0).
Mr. Norton was present.
Callahan moved, Kelley seconded to table this
application until the January 17, 1983 Council
Meeting to allow further study by the Planning
Commission and Staff. Motion, Ayes (3) - Nays
(1) McDonald abstained, her reason being she
felt this matter could be dealt with rather than
delay the applicant further.
Mr. and Mrs. Thomas E. McCue were present.
Kelley moved, Callahan seconded to approve the
setback variance from the existing accessory
structure/garage of 2.8' based on findings
outlined by staff as follows:
1. Exterior and interior desicn of house would
be sacrificed if minimum standard of code
is required.
1. Garage located on site so that a complete
rear addition would require a setback variance.
3. Satisfactory area surrounds principal structure
fr,r emergency vehicles 4-(.) sei—ice.
Post Office Box 66eCr)Aal Bay. Minnesota 55.7239Munieipal Offices
Telephone 473- 357
Mr. Victor E. Norton
3380 Bayside Road
Long Lake, Mn. 55356
Control No.
Variance
Conditional Use Permit '
Subdivision, Preliminary
Dato of Notice :2-07-8_2�
NOTICE OF PLANNING COMMISSION ACTION Alvin T. Balgaard
3560 Bayside Road
Date of Meeting 12-6-82 Long Lake, iln. 55356
Votes: 3 For 1 Against
Planning Commission recocrmends the followir. .
Approval: As submitted
Approval: Subject to conditions noted
Approval: Additional information req�iirod before Council meeting
Denial: For reasons noted
Tabled: Pending receipt of additional information from applicant
X Tabled: Pending revie•.-j by cz-hers, or fur` --her Planning Commission
study
No action required
NOTES AND SPECIAL CONDITIONS Planning, Commission to table action on your
subdivision application pending future study of _the Planning Commission and
Orono staff. Your application will berescheduledfor action at the Planning
Commission meeting on January 17, 1983.
A Applicant's next scheduled meeting is confirmed as:
Planning Commission
Council
aApplicant's next scheduled meeting is dependent upon receipt of
additional information. Deadline for the
meeting is _ ; or
for the meeting.
In all cases, the application must be continued with the submittal of
requested information within
or the City will consi�'^r th,:� application as formally withdrawn.
If the applicant has trouble obtaining additional informat-ion, please
contact the Zoning Administrator.
If you desire c-rtified copies of the official Planniny Comriissien Minutes
they are availa:)le from th,.. B,:ildiny and 4o::in« S.-_re.ary upon review
and approval oy the Planning Cc--nission.
TO: Planning Commission Members
FROM: Jeanne A. Mabusth, Zoning Administrator
DATE: January 13, 1983
SUBJECT: #715 - Victor F. Norton - 3580 Bayside Road
Preliminary Subdivision
Review of Application - Planning Commission tabled action on the
application at their November 15, 1982 and December 6, 1982 meetings
pending further review of Commission members.
Planning Commission Action - recommendation for approval or denial
List of Exhibits:
Exhibit A - Plan of proposed division
Exhibit B - Zoning Administrator's memo - December 2, 1982
Exhibit C - Plat map
Briefly to review, this application involves the division of a
riparian outlot 32,900 sf. in area. This is not a subdivision
of residential lots but the division of a riparian outlot.
Our job is to establish new criteria to facilitate the review.
I have enclosed my previous memo that contains criteria that
1 recommend. I asked the Planning Commission to review the
Zoning Code and Comprehensive Plan to see if they could come
up with others. Think back to earlier reviews that may have
involved similar considerations.
The Lake Minnetonka Conservation District code requires 50' of
shoreline for each boat. Parcel B, as proposed, will permit
the keeping of four boats. What about the storage of boats on
such outlots?
Review of standards cited at our last meeting:
1. The riparian outloL can only be in joint ownership with
a developed residential lot.
2. Recommended maximum distance between riparian and homestead
lot - 200'-300' riparian.
#715 - Victor F. Norton
January 13, 1983
Page 2
3. Required depth for riparian outlots 20' - 30'. The
DNR retains all tax forfeit lots 33' in depth.
4. Lakeshore frontage must satisfy width standard of relative
zoning district.
5. No structures allowed on such outlots except for a lock box
not to exceed 3'- 4' in height and 200 sf. in area.
6. The creation and ownership of such outlots will require the
execution of special lot combination agreements.
Staff recommendation
To recommend approval of the metes and bounds division of Victor
Norton creating two independent riparian outlots for the sole
purpose of riparian use based on the following findings:
1. Each lot has sufficient depth to permit safe use.
2. Each lot has shoreline to permit the construction of a
residential dock.
3. The riparian outlot is 66' from the homestead lot.
Such approval is subject to the following conditions:
1. No accessory structure/sheds shall be constructed on newly
created Parcel B except for a residential dock and lock box.
2. Balgaard shall execute a special lot combination agreement
upon approval of the division.
'Planning Corunission Mc otin_1 ,), Jltnuary 17, 1983 Paqc 2
FLOWAGE & CONSERVATION
EASEMENT - #653
Scott Goldsmith
245 Old Crystal Bay Rd.
Scott Goldsmith was present to explain to the Planning
Commission his reasons for amending portions of the
flowago and conservation easements for his subdivision
at 245 Old Crystal Bay Road.
Member Goetten moved, Member McDonald seconded, to
recommend approval of the amendments to the standard
Flowage and Conservation Easement, except for the two
noted in the Zoning Administrator's memo dated January
11, 1983, as follows:
C. No earth, loam, past, gravel, soil or any other
natural material or substance shall be moved or removed
from the Land and there shall be no dredging or excava-
tion of any nature whatsoever or any charge of the
to�.agraphy of the Land without the: written consent of
Grantee, which consenc shall not be unreasonably
withheld.
2. Grantors hereby grant, Quit Claim 'Lind convey to
Grantee, for so long as this easement for natural
flowage purposes is necessary, a perpetual flowage
easement and right and privilege to trespass with water
over and upon any or all of the lard, providing that
such easement, right and privilege shall not include
artificial increase, redirection or channelling of
waters.
Motion, Ayes (5) - Nays (0).
PRELIMINARY SUB-
DIVISION - #715
Victor Norton
3580 Bayside Road
nr. & Airs. Norton and Mr. Balgaard were present.
Zoning Administrator Mabusth explained this new type
of division. Member Goetten inquired how many feet of
lak^shore was involved? Mabusth stated 600+1. Member
Kelley questioned the proposed size of the newly created
lot. 'Norton stated that that was all that Balgaard
needed. Discussion included the location of the new
lot line, the possible encroachment of neighbor's dock
to the south, and the possibility of another division.
The Planning Commission asked Norton to divide the lot
in half so to discourage any greater use of the shore-
line on a Bay that has severe environmental limitations.
Chairman Rovegno moved, Member Sime seconded, to deny
the: subdivision request of Victor Norton, 3580 Bayside
Road, due to the density of Ftubbs Bay, the potential
for a future subdivision is th,ire, and to protect the
public: health and welfare.
!Cony inut_1)
a 'Pl anninq Cununission Mucting of Januat y 17, 1983 11age 3
Discussion followed whereby Mr. NO. -ton was willing to
move the lot line further north approximatuly 30' but
no mor than 501.
Ir Chairi:an i:av-_,3no withdruw his ;notion. Meml2or Simo
w.ithdrow his second.
Chairman E:.)•.cgno mop.• _�O, ^hrmber Kell-.- scc:andcd, to
rccomm_nd approval the metes and bounds subdivision
for victor ilorton, 3580 sayside Road, to crate two
indepe:i.la:it .riparian outlets for the sole purpose of
riparian use bas::d on the following f indings:
1. Each lot has suffizien, shorel":e to permit the
ccnstruction of a residential per standards
of current zoning district LR Lake Minnetonka
c:o:Isarvation District and Depa �..:wnt of Natural
Resources.
2. La•-h lot has suf iciiant d_pth :.o =:':ni = safe use.
3. The newly created riparian outlot will ba 66'
from the future owner's homestead lot.
4. There is navigable access to the newly created
outlot.
Such approval is subject to the foll�:•:ing conditions:
1. No paw accessory structure/sheds shall be
constructed ^,i newly created Parcel B and Parcel A
except for a residential dock and lock box.
2. 'Jp:,n approval of the division, Balgaard and ?Norton
shall file spacial lot combinations with the City.
3. Parcel B may not be subdivided in the future.
Parcel A according to current zoning standards and
the criteria determined for this review may be
divided again to create another riparian outlot
and this condition must be filed against the chain
of title for both property owners.
4. The proposed use of these riparian outlots shall
be subject to the pertinent standards of the Lake
Minnetonka Conservation District, Minnehaha Creek
Watershed District, and the Department of Natural
kesources.
5. Thy- Planning Commission once again states for the
public record the City's position on dredging to
provide navigable access to a property. The City
will not support a future maintenance or new dredg-
ing appliCaLion to provide navigable access to this
property Lascd or. th<-, special environmental concerns
of the B•w.
(Continued)
f-• Planning Commission Muting of January 17, 1983 ray,' 4
V"'6. Norton and Balgaard are to advise the Zoning
Administrator by February 1, 1983, as to the
desired lot line realignment 30', 401, or 50':
motion, ,,yes (5) - Nays (0) .
VARIANCE - #720
Doug deMalignon
925 Willow Drive s.
Mr. s Mrs. do Malignor. were present to discuss thoir
variance application with the Planning Commission.
Steve Wilson, attorney for H. R. Johnston, was present
and stated that Mr. Johnston was in favor of the
variance as requested.
Member Kelley stated that he was not in favor of the
fence. He felt that the trellis was en:iugh. The
d2Malignons showed the Co:^unission pictures of their
property that -s planted with many typ•as of flowers.
Member Kelley moved, Member Goette n seconded, to
recommend approval of the after the fact portion of
the application of Doug deMalignon, 925 Willow Dr ':e
South, permitting the 6' high trellis located at one
point within 3' of the right of way of the road outlot
to ramain,based on the following findings:
1. The granting of the application is r.a=ossary for
the preservation and enjoyment of a substandard
property right of the applicant.
2. The granting of the variance will not impair the
Public health, safety, comfort, Por3ls, oL general
we1fare.
3. Undue hardship for the applicant to replant the
many plantings dependent on the trellis.
This approval is subje-t to the followinj conditions:
1. West access to be closed off by April 1, 1983.
2. Sections o_ trellis located less than 3' from the
edge of the road right of way must be relocated.
3. Planning Commission would strongly sugg,,st plantings
for screening the trellis.
Planning Commission denied the proposed 6' high privacy
fence portion of the variance application based on the
following findings:
1. Acplicant failed to demonstr-1t,: sufficient hardship.
2. Clos,�ncss or fence to road r i(lht Of wcay
would �-cat•. health, :3_1f---t and w:i*`3ri.• ha.-ards.
GORDON Fi. COFFIN CO.. INC.
3CZ') WATERT04v ROAD
LONG LAKE. MINN . 55536
GEAR GOR DY
ENCLOSED A COPY OF ORONO PLANNING COMMISSION RECOMMENDATION CONCERNING
THE LOT LINE BETWEEN PARCELS -A- AND -B - OF YOUR R wCEv T SURVEY
OF LOT 29. NOTE I TEM 6. WE CONCUR III TH BALGAAR0 ON TtiE 50 FOOT
DI MENSI OV .
MOULD YOU PLEASE REVISE THE PLAT ACCORDIGLY ? THE SURVEY MARKERS
COULD BE PLACED ANYTIME BEFORE 6/1 /63. IN THE MEANTIME WE WILL ACCOMMO-
DATE THE CHANJE WITH MR . BALGAARD.
THANK YOU.
VICTOR NOR TJ N
5~30 BAYSI DE ROAD
LOva LAKE. MV - 55356
19 JAN, 13
Contrul No. 715
Of 1 JL,%L*1,k W 0
Pwl Office Box 660Cryatal Bay. Minnesota wlieMunicipal t)trl-s
Telephone 473 7,357
Victor F. Norton
3580 Bayside Road
Long Lake, Mn. 55356
NOTICE OF PLANNING COMMISSION ACTION
Date of Meeting January 17, 1983___
Votes: 5 For _— Against
Planning Commission recommends the following:
Variance.
Conditioi,al Use Permit
-XXXX Subdivision, Preliminary
Date of Notice 3-19-83
Alvin T. Balgaard
Route 1, Box 388
Long Lake, Mn. 55356
Approval: As submitted
XXX Approval: Subject to conditions noted
Approval: Additional information required before Council meeting
_ Denial: For reasons noted
Tabled: Pending receipt of additional information from applicant
Tabled: Pending review by others, or further Planning Commission
study
No action required
NOTES AND SPECIAL CONDITIONS Please review the attached mPmn fnr rhP
Planning Commission's recommendation for approval of your proposed
su�bivis nio . Please note this is merely a recommendation to Council.
The Orono Council will act on vour_ annl ; ca i r3n at- t:he_ r___FPhrn;iry 14, 1983 1
meeting.
I'� Applicant's next scheduled meeting is confirmed a-:
Planning Commission
Council _February
I� Applicant's next scheduled meeting is dependent upon receipt of
`-- additional information. Deadline for the
meeting is ----- -_ _ _- or -- - --------
for the _ ---- — _._--- - --- meeting.
In all cases, the application must be continued with the submittal of
requested information withinor the City will consider the applic.-ition as formally withdrawn. -
If the applicant h•:.s trouble obt3inir.•.., a.',I,.t-ional information.
contact the Zoning Arlministr:,tc,r.
If you desire certified copit' i of t.h— -i` i -'• i -;,I Mi-Iu,--'S
they are ava i l ali l- f ror t}, . ��u i 1 '. i r: i :r _ u.x .. . •.' .. .
and approval by the Planning
TO: Victor Norton
Alvin Balgaard
FROM: Jeanne A. Mabusth, Zoning Administrator
DATE: January 19, 1983
SUBJECT: #715 - Metes & Bounds Subdivision of Riparian Lot -
Planning Commission Recommendations
To recommend approval of the metes and bounds division of Victor
Norton creating two independent riparian uutlots for the sole purpose
of riparian use based on the following findings:
1. Each lot has sufficient depth to permit safe use.
2. Each lot has sufficient shoreline to permit the construction of
a residential dock per standards of current zoning district LR-lA,
Lake Minnetonka Conservation District and Department of Natural
Resources.
3. The newly created riparian outlot will be 66' from the future
owner's homestead lot.
4. There is navigable access to the newly created outlot.
Such approval iG subject to the following conditions:
1. No ne4 )ry structure/sheds shall be constructed on newly
createa rarcel B anu Parcel A uxcept for a residential dock and
lock box.
2. Upon approval of the division, Balgaard and Norton shall file
special lot combinations with the City.
3. Parcel B may not be subdivided in the future. Parcel A according
to current zoning standards and the criteria determined for
this review may be divided again to create another riparian
outlot and this condition must be filed against the chain of
title for both property owners.
4. The proposed use of these riparian outlots shall be subject to
the pertinent standards of the Lake Minnetonka Conservation District,
Minnehaha Creek Watershed District, and the Department of Natural
Resources.
Victor Norton - Alvin Balgaard
January 19, 1983
Page 2
5. The City once again states for the public record their position
on dredging to provide navigable access to a property. The
City will not support a future maintenance or new dredging
application to provide navigable access to this property based
on the special environmental concerns for this Bay.
6. Norton and Balgaard are to advise the Zoning Administrator by
February 1, 1983 as to the desired lot line realignment 30',
40' or 501.
I will not ask for a revised survey for the Council review on
February 14, 1983.
CITY of ORONO
Post (Thee Box 66*Crystal ::ay, Minnetots 553239Municipul Office:+
On the North Shore of ! ake Minnetonka
February 10, 1983
Mr. Victor F. Norton
3580 Bayside Road
Long Lake, Mn. 55356
Dear Mr. Norton
All applications originally scheduled for Council action on
Monday, February 14, 1983 have been rescheduled for the Council
meeting of Monday, February 28, 1983. Applicants will be renotified
prior to the February 28th meeting.
Please advise the Building & Zoning Department if you are unable
to attend the council meeting on the specified date.
Sincerelv,
`?t.� a - /A
Jeanne A. Mabusth
Zoning Administrator
JAM/msw
BUILDING! ZONING 473.7337 0 ADMI%IS7RArioN a FINANCE - 4'3-7358 0 PI ULIC WORKS - 473.73S9
CITE' of ORONO
Post Office Box 66•Crystal Bay, Minnrsota 5&W*Municipal Offices
On the North Shore of Lake Minnetonka
February 10, 1983
Mr. Alvin T. Balgaard
Rt. 1 Box 388
Long Lake, Mn. 55356
Dear :sir. Balgaard
All applications originally scheduled for Council action on
Monday, February 14, 1983 have been rescheduled for the Council
meeting of Monday, February 28, 1983. Applicants will be renotified
prior to the February 28th meeting.
Please advise the Building & Zoning Department if you are unable
to attend the council meeting on the specified date.
Sincerely,
Jeanne A. Mabusth
Zoning Administrator
JAM/msw
BUILDING! ZONING - 473.7357 • AIDMINISTRA71ON A FINANCE. - 473-7358 • PUBLIC WORKS - 473.7359
r-.
TO: W. R. Be►tso►l, City AdminiAticaton
FROM: Jeaii►ie A. Mabusth, Zoning Admini.atnaton.
DATE: Febnuacy 21, 1983
SUBJECT: 0715 V.icton. F. Nottoit, 3580 Baya.iue Road - F.inat Subdivi.6ion
Zoning D,i,6t i.c t LR- lA
Area - Totat ahea = 32,900 sS (29,900 66 Ay, 3,000 46 wet)
Appt.icati.on - subdivisio►t - meta 8 bounda - 2 nipan,ran outtot6 (Pakeet A = 30,000+
Pancet B = 8,000 +)
Exh,ib.it A
- Appt.ication
" B
- Ptat Map
" C
- Pn.openty Ownena Litt
" D
- Ot iginat Ptan
" E
- Paopoaed Ptan
" F
- Ptann.ing Commiaaion M.i,nutea 1-17-83
" G
- Ptann.ing Comm.i.aa.ion M.fnutea 12-6-82
" H
- Pta::ning Comm.iaaion Witutea 11-15-82
Norton pnopoaea a meta and bounda aubdiveai.on o6 h.ia sepatate takeahone tot totat.ing
appnoximatety 32,000 66 in area and appnox.imatety 712 t,ineat beet o6 ahon.etine.
Review ,the enetoaed ptat map (exhibit B) that tocatea Nonton'a homeatead tot .in
utati.on to hi.6 nipani.n tot. The appt.ieant wi,ahea to divide .the pnopmty in on.den
to aet t the newty c4eated Pance.tB bon take aceeaa uae onty to h.i,a ne.ighbon, Atv.cn
Batgaand. Review exhibit B toeatting the Batgavcd pnopenty.
The aubjeet pnopenty, a sgxna.te. n.ipani,an, now nea.identLat tot with extena.ive ahonetine
6nontage a.twaya pneaenta apeeiat eoncen.na bon the City with the potentiat o6 itt.ega.t
teaa.ing and/on ptivate eaaementa, and .i6 the area ia aewened .in .the 6utuhe, the pneaaune
to buitd. Cteacty the Ptanning Comm.i,aa.ion neat i.zed the bene6.e to .in apphov.i,ng thi.6
div.i o.i.on as the Bond i,tiona o6 th,i.a appnovat woutd give the City the ability to contnot
thiA 6eve4ty timited pnopenty'a uae in the 6utune.
The pnohtem 604 commi,66.ion membena waa the need to cAeate new Standanda bon thi.6 nev.iew.
The City had never nev.iewed the divi,a.ion o6 a aubatandah.d (LR- lA n.equiAea 87,120 46 .in
area, aubject tot 32,00066) %ipa4ian outtot meAe.ty bon the punpoae o6 .incAea6ed
n.ipani.an uae. The LR-lA tot atandanda bon hea.identiat aubdiv.ia.iona could not be appt.ied.
In the Bayaide Beach peat, on exiAting t,ipaci.an outtot owned in common with other
crntiguoua takeahone pn.open'iea waa attowed to nema.in as i outtot bon % aate to another
homeowneA within 2,000'4adiuz o6 the outtot. The Gneenttee ptat, a 6 tot ne.a.identi.a.t
ptat, neated a n.ipanian outtot to aenve an <nten.ion tot baaed on the ex.tena.ive tineat.
600tage o6 ahonetine in hetation to the. 6 tot den4ity. (6 tota to 1700' o6 ahotet.i.ne)
Review o6 6tanda 4 estabt.6hed An thia nev.iew
1. Aa th.i,a pn.opeAty .ia located in .the LR-1A Zo:ting Diatiic-t, a minimum o6 200' o6
ahonetine.
PAGE - 2 --
M715 Victo-t F. Nmton
2. Adequate depth o6 tot to permit sa6e use.
Pateet A aveAage depth = 50' to 60'
PaAcet 8 aveAage depth = 30' to 40'
3. f unetionat and ea6e di.etance between t.ipar.ian outtot and homestead tot
Non�ton has toa?,inned .the Pot Pine by movina .it 50' 6uhtheA nortth. Pareet
8 now ha.6 50' o6 .land toeated d Aeett y acAoee Baya.ide Road 6tom the
Batgaatd teaidenti.at tot. There .is a 66' di.6tanee between both tots.
4. R.ipaA.i.an outtot6 can on.ty be cheated Got ,the use o6 developed/homestead tots.
5. The owners o6 such ti.pani.an outtot6 witf be %equiAed to execute apecca.t tot
combination agreements bon biting ag"t the ptopetty. Both Norton and
8atgaatd have agreed to thiA condition.
6. The need to contAot 6utute div.i.d.i.ona o6 such t.ipaAi.an outtot6 based on the
exitehi.a used bon thi-6 %eview. PaAcet A has adequate 6hotet.ine to a.ttow
another d iv.i,6ion. Norton has agreed to t.emi t Pateet A to a div-i.6.ior
eneati.ng one mote riparian outtot.
7. Boat access iA ava.itabte to t.ipanian outtot - no need Got dtedg.ing. Both
parcetA have navigabte aeee.66 .to Lake. Minnetonka.
8. No phi.nici.pat of new aeeeasoty 6ttuctuAe shah be constAucted on these riparian
outtot6 except Got a 6.ingte nes.identiat dock and a tock box not to exceed 5'
in height. Norton and BatgaaAd have agreed to abide by th,i.a condition. Please
note th.i.6 condition w.if.t not a66ect the Notton' 6 ex.isting attuctuu6 v►i Pateef A.
The Ptann.ing Conm.iasi,on's apptov.c.ng teeommendati.on o6 January 17, 1983 ,i.6 noted
betow.
To teeommend apptovat o6 the metes and bounds 6ubdiv.i.6i.on Got Vjetot Notton, 3580
8aya.ide Road, to eheate two independent ti.paki,an outtot6 Got the cote purpose o6
tipaA.ian u,6e based on the 6of.towing 6.inding6:
1. Each tat ha6 su66.i.cient ahotetine to petmi.t the eon6t,%U t.ton o6 a
tea.i.denti.at dock pet 6tandaAda o6 euAAent coning di.6t4ict LR-IA,
Lake Minnetonka Conse4vation Di.6tn.ict and Depattment o6 Naturat
ReaouAcea.
2. Each tot has suh6ieient depth to permit ea6e use.
3. The newty eteated uparian outtot 141i1f be. 66' 64om the 6utu:te
owner's homestead tot.
4. There i,6 nav:igabfe access to the newty eneated outtot.
Such apptovaf is subject to the. 6cetcxving cvndition6:
1. No pn,i,ncipat of new acce66oty ettuctute/sheds ehaf.t be conattucted
on newty cheated Pateef B and Pancef A except Got a tes.ident4af
dock and Pock box.
PAGE -3-
a715 V.�cton F. Notton
2. Upon appnovat o6 the di.vizion, Batgaard and No4ton shall
bite apeccat tot combinations with .the City.
3. Pancet B may not be subdivided .in .the 6utune. PahceC A
aeeonding to eument zoning atandanda and .the c4iteh.i.a
determined bon this review may be divided again to cAeate
another ni,pani,an outtot and this condition must be 6.ited
against the chain o6 title bon both property owners.
4. The pnopoaed use o6 these Riparian outlots ahael be sub %oct
to the pertinent standards o6 the Lake M.i.nne.tonka Consen,,ati.on
Distn.ict, bknnehaha Creek Watershed Distn.iet, and the Depaktment
o6 Natunat Resources.
5. The PQann.i.ng Commission once again states bon the pubtic neeond
the City's pot ti.on on dnedg.ing to pnov.ide nay.iaabte access to a
property. The City will not auppor t a 6utu4e maintenance on new
dnedg.ing apptieation to pnov.ide nay.igabte access to this pnopehty
based on the apeeiat env.iAonmentat coneeh.na o6 the Bay.
6. Norton and Batgaard are to advise the Zoning Adminiatraton by
Febnuany 1, 1983, as to the desiAed Cot tine neatignment 30',
400, on 501.
16 Council. 6.ind6 it cannot agree with the PCanning Commission recommendation but must
deny Norton's subdivision application, the 6ottow.ing 6.induigs may be cited:
1. Negative pneeendent setting
2. Create a hazardous condition that woutd be detnimentat to the public
health, satiety and weC6a4e
3. Inability to waive appt.ieation o6 LR- lA tot atandands nequih.ing the
appnovat o6 mulitiple variances
4. Contrary to envi.onmen.tat poUciea es.tabtished 604 Stubbs Bay .in
appnov.ing move intensive use o6 bay.
Councit Action
Give conceptual dinecti.on to 6ta66 to dna6t a 4e.sof.ut4on ob appnovoi on den.iat.
.<EGULAR MEETING OF `-FIE ORONO COUNCIL, FEBRUARY 28, 1983 Page 5
RESOLUTION #1460
SUBDIVISION
2145 Sixth Avenue North
DANIEL MC PHERSON i713
SUBDIVISION
J3580 BAYSIDE ROAD
VICTOR NORTON - 1715
VARIANCE
925 WILLOW DRIVE SOUTH
DOUG DEMALIGNON - 1720
Councilmember Fiammz!rel moved, Councilmember
Grabek seconded, to adopt Resolution 4141;0, A
Resolution Approving A Metes And Bounds
Subdivision Application And Lot Line Rearrange-
ment For Daniel G. McPherson. Motion, Ayes (4) -
Nays (0) .
Zoning Administrator Mabusth reviewed with the
City Council the request for a metes and bounds
subdivision for Victor Norton, 3580 Bayside
Road. Mr. & Mrs. Norton and Mr. Balgaard were
present.
Zoning Administrator Mabush explained that
there are three riparian outlots only and lock -
boxes are the only structures allowe3.
Acting ^layor Frahm moved, Councilmember Grabek
seconded, to request staff to draft a resolution
approving the subdivision per the Planning
Commission recommendations of January 17, 1983.
Motion, Ayes j4) - Nays (0).
Mr. & Mrs. dentalignon, 925 Willow Drive South,
were present to discuss their request for an
after -the -fact variance.
Acting Mayor Frahm moved, Councilmember Adams
seconded, to request :,taff to draft a resolution
approving a six foot trellis per t ; ing
Commission recommendations, exce, -permit
the trellis to extend up to their g.:.: to he
reviewed in one year with automatic aNFt)val if
satisfactory, for Doug !eMalignon, 925 Willow
Drive South. Motion, Ayes (4) - Nays (0).
RESOLUTION 11461
745 SPRING HILL ROAD
TIIOM' - CROSBY - 1718
Cou:.cilmenber Adams moved, Acting Mayor Frahm
seconded, to adopt Resolutio•- #14ti1, A
Resolution Approvinq A Metes And Bounds
Subdivision For Thomas M. Croshy. 'Motion, Ayes
(4) - `Jay, (n) .
TO V .cL-i L. klo-ltone
At'vin T. baiga7d
FROM: Jeanne A. Mabm6th
DATE: Match 2, 1983
S ECT: F.i►,ae Subdivcai.on apptovae - Appticat.ion 0715
Conditions o6 app.tova£
1. Apptovat o6 swtvey by Gordon R. Co56in, dated tev.i6ed 1-23-83
2. No pt.inci.pat of new accesaoty 6tAuctute/ahed4 s' .t•££ be constructed on neLdy
coated pateeZ 8 and Patee.£ A except Sot a-Lu4-denti.at dock and Lock box.
TI ,s tut.i►.g witt not e a 6 eet .the existing ng st%uetwtes owned and used by V.icto t
Not -ton but %e6eta onty to new conattuetion.
3. Both otune-ts shatt execute 6peciat tot comb.cnati.ons with .the City.
4. Tile owneA o6 Patcet 8 may not divide .the r.ipavan tot. The ow►te.t o6 Pancet A
uti£t be petmZtted to divide .the riparian outtet onty once again and that div.i:
w•ctt be timited to .the cneati.on o6 one additio►tat tot.
5. The ptopoaed use o6 .these ti.pat.ian outtota shaft be aubject to .the peatine►tt
standards o6 the Lake Minnetonka Conaenvation D.eatr.ict, '•knnehaha C.teek Wet -
shed D.i.a.tt.ict and .tile Depattment o6 Natutat Renounces.
6. The Ccty advises that it wilt not suppott a 6utute mai.►tte►ta►tee of near dtedg.big
appt.ication to provide navigable access to .this ptope,.ty based on speciat
enviAo►tmentat conee.tna jot Stubbs Bay.
your subdiv..6i.on wit.t be ptese►tited Got 6.ina.t action o6 .._unctt upon %eccept o6
the 6ottowing:
1. In £.ieu o6 a t.it£e opiju:oiz, we a-sk that the omit t o6 the subject ptopetty (iota
28 and 36, Audi.to.V6 Subdivision No. 203) and onty .i6 .that ptopetty Z6 mortgaged,
submit toti.tten p4006 .that the mottgaging iastitute waives att .i.ntetest in PaAcet B.
2. Provide a ce-t•ti.6i.ca.te o) aunvey Locating the proposed dividing tine with aff
d mena.iona and angta noted. Pins must be set at att corneno. Ptov.ide metes
and bounds ductipt.iona but Paicetb A and B. Ptov.ide on the dAawing aignatute
t.inea bon att .i.nvotved ptopetty owners (apouae and aft etheA peA6ons with .inteAut
in the pAoperty - att signed), the mayor, .the city clerk, and a tine Got .tile date
06 6.inat aubdiv zion approval by eou► nit. i beti.eve your SuAveyon has 6ut6itted
att o6 the above. 1 do not have a signed copy o6 att petaorw with inteteat 6i
the subject ptopetty. Ptease note that in this stage o6 the .teview .the
Batgaaldb hive no .interest and, .the-te6o-te, do not a.ign tite 6mvey.
3. I tui.e.£ dna6t the epec.ia£ tot combination apeement Got both ow►tez,5 but
ption to that dna6ti,ng I tviU ►teed the £egaC desmZpt. ona o 4l .the homestead
tots o6 Victon E. Nonton and Atvin T. Batgaaad. Pease submit thus. des-
ctipUons at your vttiot convenience.
4. Payment o6 $75.00 Sat the 4,gaF Eevtcm a►:d 6i. 6tg o the subdiv.isi.r►c and aU
othet doetunents.
COTILrol No. 715
fuel Offct. Mix Gti@Cr>'t.ii Ii.l, �Lnn,n•,:. • _.,.'.iunu'tyul officer 2-28-83
Telephone 47.3-7357 Meeting Date
Notice Date i_ag_g;
TO: V.ictot E. No.'tto►t Gordon 066in
3580 Baye.ide Road 3025 wate�ttown Road VarianceConditional Use Permit
Lu►tg Lake, M►t. 55356 Long Lake, .tin. 5535o Subdivision, Preliminary
aevin T. BaCgaa,td
X Subdivision, Final
Copies to: 3560 Bays.ide Road —
Long Lake, tit. 55356 --
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COin11,_'IL ACTION Vote: 41 For Against Abstention
MOTION to conceptuatty approve yotot metes and bou►:ds divisiL,n devidb ifou.t .'tipa-ial,
outCot into 2 paneets. This apptcvae wiee be subject -to you.t compfetian v;( the 'oeeotwbic,
d 4ectivee set6onth .in .the encCosed sta6i memo. U,poa u i;tt'i,ne► t t..Jse ditect.cves s.tan'
w.iU dnatlt a 5onmae nesoCution .ineo-tpetati.ng these sped 1C Siitdu:;is a :.I cc,:detions dot courcie
action at an upcoming meetng.
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DEADLINE DATE
for submittal of new information (application may be considered
formally withdrawn if information or explanation is not provided).
for Work Permit for work to begin for work to he
application completed
WORK PERIMITS ARE REQUIRED - contact Building Inspe-_ror before beginning
work.
VARIANCE APPROVAL is limited to the extent shown on approved plans.
Do not change plans. Variance authority expires one year after approval.
CONDITIONAL USE APPROVAL expires upon change' of ownership or use,
or on deadline date specified above.
PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information
and/or improvements required for final approval. Contact Zoning
Administrator.
FINAL SLRiDTVTSION APPROVAL - Applicant must have drawings, resolution
and all other required do-iffnent4 recorded, with certifleatfon of such
recording returned to the City by deadline date.
Certified copies of ofrici.;<1 :itv �'.ouncil Minutes ...a', he t�htained by
contacting the City Clerk. Allow at least three we-'K.; fror.; meeting,, date.
TO:
W. R.
Benson,
City Administrator
FROM:
J. A.
Mabusth,
Zoning Administrator
DATE:
June
6, 1983
SUBJECT: #175 Victor E. Norton, 3580 Bayside Road
- Final Subd'_vision - Resolution
At the Council meetinq of February 28, 1983, Council con-
ceptually approved Norton's subdivision and directed staff
to draft a resolution of approval and a special lot com-
bination agreement. Norton and Balgaard have signed off
on the agreement. The subdivision resolution is enclosed
for your approval.
JAM: j1
REGULAR MEETING OF T;1E ORONO COUNCIL, JUN E13, 1983 Page 3
SUBDIVISION
3580 BAYSIDE RO
VICTOR NORTON #715
Zoning Administrator Mabusth reviewed with the
City Council tho request of Victor Norton, 3580
Bayside Road, for a subdivision.
RESOLUTION 11492
3580 BAYSIDE ROAD
CONDITIONAL USE PERMIT
4580 WATERTOWN ROAD
KIP NELSON - #738
Mr. & Mrs. Norton were present.
Councilmember Hammerel noved, Councilmember
Adams seconded, to adopt Resolution #1492, A
Resolution Approving A Metes And Bounds
Subdivision Application For Victor E. Norton.
Motion, Ayes (5) - Nays (0).
Zoning Administrator Mabusth reviewed with the
City Council the request of Kip Nelson, 4580
Watertown Road, for a conditional use permit.
Mr. Kip Nelson was present.
Mayor Butler moved, Councilmember Hammerel
seconded, to direct staff to draft a resolution
to be presented at the next Council meeting to
allow Mr. Nelson the guest 'ouse use and that the
addition remain, subjec:_ to the following
findings:
1. A second residential unit has existed on the '
property for over 40 years.
2. "`+^ older residence is habitable and may be
user i residence without endangering the
safety c .hose who use the structure.
?. Both residences are served by a single curb
cut and shared driveway.
4. Both residences are served by the one well
and Sept lc syst-ra - sept lc syst.c.'m shows no s: c)n of
failing.
Approval would be subject to the following
conditions:
1. Non -rental of either residences.
2. No future additions or expansion`; to quest
hour;e structure.
::011tr01 No. 715
I% -I OIh-- 1L.\ ^f •l'i%.:..i 1:..% h1:r. n.-.'7., ...!-.'(•:it1:1l :. 11..11 : Ilia, rr
Victor E. Norton
3580 Bayside Road
Long Lake, Mn. 55356
Meeting Date _une 13, 1983
Notice Date June 17, 1983
Use Permit
Preliminary
Alvin T. Balgaard _{ Subdivision, final
Copies to: 3560 Bayside Road
Long Lake, Mn. 55356
......:.................................. ..........................................................................................:•::.
COI:: �L AOTION �`(Nte: 5 F(:r — .:, ..,..:t At) stention
140TI0N to approve your met(s and bounds subdivision subject to the fi_r.._jings
and conditions setfort. in the enclosed resolution. A certified copy of
this resolution and ti-i special lot combination a rq eement_will be filed _
against your property within the -next ten days. The Balgaard's agreement
will -:lso be filed against their property within the same ten day period.
Va,riancc
Conditional
Subdivision,
DEADLI DATI'
for sub-TIJii?i of new lnform.-Trion (at)}`llcatiGil ma ( considered
fOr:':11j /1C'}t(lr?l:i; if 1?i 0i iii.ot: of c':})l:raPion is not provided'
for lrlr Pcl;:rit f(:r t:'i!::1: to begin for wo-k to bc'
appl i.ca t ion completed
W01"K t'l:R'11T P.Y.". I'r:rti,'li,'ET) In, )ector befer^ be inning
work.
VARIANCE A1'1'.;';`...1, is i i.71i r d t. 1:.. r.,! cnt s'ho*:'n oil approvcd
Do not Ch.'ill�'.r j,l:lilS. `.'ilr1�I 'l' ,1(:'..1:':1'1:' U:•:.,lrc.`, anc year all.(', a►'•ir-lv,,.1.
CONDITIONAL 'S}'. uporl rhaill'c: of (,wni:shi.p or use,
or on deadline d,-Le sp cific-d
PRELIMINARY :,1T-DIVISIO;: APPROVAL - Ali;ll icant: must providll- .111 inf'o—li:t!oil
and/or improvellwilts required for final nppr(lval. Contact Zonirllt
Administrator.
FlMl— SL93I)I''l S1 O;: fti1l1'I fiVAL - Appl i glut mt±r, L hrlvc; dray: ini;s , rr sol ut: i.on
and all other rcgllired doC11111"llt s r"rc(,rcic'd, With chrLificatioii of suci-.
recclr!':ilis� returnc'c} t(• t;l ' .''i. y toy dend1 ine dare.
Chrtifitd copies of (If ficial i:it v `' 1,
..(!(;ITC i 1 Minutes es m.� be ki by
ColltrWLinl' t11C' three weacks ft'oi:' :it(:Llll}.' date.
WAYNE '
RAYM
ROGE ^.H
DC.1: VIE
DAVID S. .
RODENT A.
ROLFE A. WORD.
G. MARC WHITEHEAD
BRUCE D. WILLIS
FREDERICK S. RICHARDS
G. ROBERT JOHNSON
GARY R. MACOMBER
ROBERT S. BURK
HUG" V PLUNKr..TT.
POPHAM,
HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, LTD.
4344 IDS CENTER
MINNEAPOLIS, MINNESoTA 55402
'ELEAHONC AND TELECO' CR
612-333-4800
FREDERICK C. BROWN
THOMAS K. BERG
SPLICE D. MALKERSON
JAMES R. STEILEN
JAMES D. LOCKHART
ALLEN W HINOCRAKER
CLIFFORD M. GREENE
D. WILLIAM KAUFMAN
DESYL L. PETERSON
MICHAEL 0. FREEMAN
THOMAS C. O'AOUILA
LARRY D. ESPEL
JANIE S. 144[:YERON
DAVID A. JONES
LEE E. SHEEHY
LESLIE GILLETTE
MICHAEL T. NILAN
ROBERT C. MOILANEN
DAVID J. EOOVIST
CATHERINE A. ✓OLASKY
STEVEN G. HEIKENS
THOMAS J. RADIO
KATHLEEN M. MARTIN
JOHN C. CMILJS
THERESE AMBRUSKO
DOUGLAS P. -ATON
GARY O BLA ORO
SCOTT F., RICI .R
August 2, 1983
Me. Jeanne Mabus th
City of Orono
Box 66
Crystal -ay, NN- 55323
Re: Norton Subdivision
Dear Je-+nne:
2660 PETRO-LEWIS TCWE'+
717 SEVENTEENTH -.TREE'
DENVER,COLORADO 80202
TELEPHONE AND TELECOA-ER
303-62S-2660
SUITE L302-2000 L STREET I.I. W.
WASHINGTON. O. C. 20036
ELEFHONE AN4 -ELECOPIER
2Os-667• _ .4
r
Ate - 31963
_ CITY p� �; .: v ► ��
..J
Please be adviseu that. Re><:Jiution No. 1492, the -F:ecial Lot
Combinatio, jra,-ments from the Nortons and the Balgaatds have
Leen reco, -dsu in the office of the Hennepin County koI�corder as of
July 25, 1983. The document number for the resolution is
#4612037, the Norton agreement is #4812038 and the Balgaarde
avrecr_- ,t is #4812C39.
OnCL ,` 1 receive the original, 1_�;rded documents, 1 will
forward them t:; you.
Very t ly
yours,
Nan y E. usAl1,
Le al Assistant
NEH/jf
2826j