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HomeMy WebLinkAboutProject Packet_ ...... ··-·· ...; ·-:_:,; _, <I ::: = :__; __; --~§~·~ -,: -; -,: -,:_~::! >- / r-- :,_,: -Y) -~ ~ ·-- ..:... ;!, .. lo--.=':: >- C ,. -__, ~ ..... > J" <C cO :~- 'H -.. -. ~ ::r .. - f'-, 3 _...._ ---· ~-··-·· :..,;;, :CZ ~ :-=:... •• ~ --~ ... 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J...,.-I . I 1. • . . ~ CODE LOT BLOCK ACREAGE Lj AP~RoxiMATE ;~RCE~ s1zE I rn~t~ '.;, · 1 . 1 ,L , 1 MEETS & BOUNDS TAX DESCRIPTION I _l -1 1 ..1 _, .1 J J_ ,_,.__--t-~--'---1-'----l--'---+~o_k --r. ,S , ·* _ :____:_i_A..i_~~ ,'f\-,'( ,e_ J\_L___JLJ, ,0, \ ,s ,o N, , I ,_,.__--t-~-'---+--'----1--'---+~' O ,\::,L,,. S · . t\. ~ IC~Aa 1G t :T, L), ,0. \, S ,0 ,i-J, 5 IO I \ ,0 t\ I \ I \ I\ I s O I "(-I O I I Pr, 0 I ~ I ,\:) I I I I I I ,. I I I I I I I _J_ 1 ..1 _J_ 1 I : h: : it 1211t\:1e: L~ ~ s <\-.'L.s. · · · · · · ·~ g ~b\ ~ 2 :3 = n a ~ : 0 : \i-+-_J.__......i____JL--J_---4 ..... X & ' l/'f ff tl!p: j',,2 ' ;{q-a_,l .. ( J _J_ ..1 ..1 _l J ..1 J _l I l -__ _l l I __l ..1 _L_________I ~I: I::: : I : IT ,'C ,lAll I~) _J_ ----• ......... 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Division form No. HCPT02 (09/94) :?:>1 ~ /,: L1L \7 -<8-9<\-I 4-15 9 1410/., 17 17 -- I \\:\\JH\i i•• :>:-::>. /t:; H OWNER NAME -STREETNAME I I I I I I I I ' ' I ' I I I I ' HOUSE NBA \ FRACT I ; I C~N~O UNIT ;)------------------------------------ I I I I I I I I I I I I I I I TAXPAYER'S NAME, ADDRESS, CITY, STATE ZIP <_ I I I I I I I I ' ' I ' ' ' ' ' ' ' ' I ' ' SEC , TWP, RG 'QQ SUFFIX -r< ;: n r <> _,--, ---__ , . -••·••;<••········-; ·-·····;::(.•_:._:.,-/,--.<>•·••<<:•'/':•:••-•-•'••·--··;-;• ••-,---i••-••,•-••?t,,••••••••••i•+••-••••••Y. \,_'/th)<; <•+••<•'•' <•-•,.,,_ ' I I I ' I .·.·. :·i::_:;> . .:.::·1•·-:-:,:,:·:.:.. ·:-:-: I.·.· · .• /\'." .• -.::::>j:::•;::•:_:::··::-j:::-::::-::· ADON CODE I Cl LOT I II B~OC~ r1 ACREAGE I ---APPROXIMATE PARCEL SIZE u~~(,, ·:, -1, _:.i• I I I I I ' ' I I I I I ' ' I ' I I I I I I I I I MEETS & BOUNDS TAX DESCRIPTION I I I I I I ' ~o b, e '(' \, I<-.,, I ,C\-D1A:1~ l~L~1'f1~1_J), ,o ,\ 1S 10 r-J I I ' I ' ' I I I I I ' (-\ 0 h, e v--T. s * b f\ ~I~ I .,c'\-1 v-1 e_T \,_ IL.\ 10 1 ~LS 10 1,-.J, ' I I I I 5,o, \ 0 -\-\-, I I \ \ s \::, __ D1Y-1 01 1~101 e, 1N1 I I I I I I I I I I It\ '""· \ . c., h.N. 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I I Ro.\n,e_ _'L _\-_j_J s I lo __L --~-~--N I el , :-1a1J , ' ' ' I I I I I I I I I --:!: I L___ I I I I I I I I I I I I I ------- I I I I ~. ,~~\ -_ __j_Qy_ 0 -f':::1 __ Q I I I I I I I I I I I I 1~.C\L I I I I ~.D, -B_ fl X.1 1lP1lo1 I I I I I I I I I I I I I I \_, \t--.J __l_~ _I __ &.11 l~lp.., ~r-r\01 I l~I s1s1S1j, I I I I Dllo \, \ ,7 L.~ 7 ~ .\. 0 0, J ,L-I I I I --I I I I I I I I I I I I o.S ~.iS.O I I I I I L-1 _____ N_S_LQ_1_2~ L I Ll--1.D.L'l.1 l I ~I~ 1 I -·-·· O, u i\ I \ 10 \. ~ I J I I I I I I I I -··· I I I I I I I I I I I ---I I• I I I I I I I I I ' I I I I I I I I I I I I I I I I I I I I ·----- I I I I I I I I I I I I I I I l.__l I I I I I I I I I ' I I ' I I I I I I PROPERTY DIVISIONS & COMBINATIONS Division form No. HCPT02 {09/94) 3u~ri(l~r1:1 \7_ -0T:c~ l<lSHE~\ L_ l_.--1 LL_ --_ _ 1 --j ___ _l OF ,5 DIVISION NO. ? d,-_i.E__i {p I 7 I 7 OWNEffNAME l l l I I I l I I I I I I l l I l I l l I ) I i I I I STREET NAME I I I I I I I I I I I > I c~ni~P,,U,NIT TAXPAYER'S NAME, ADDRESS, CITY, STATE, ZIP ~"',; J\ ADDN CODE LOT su~~~cK j i A~;~&~;~A~f1~f~6f'td12/ ' 3 ' iHP\1EJ3\~2J!l\l'4'Ui&J I I I I I I I I I •· I I I I _ I I L_ _ _I _ I __ I ___J_ ___ _l_ _ ____L__ _ _l__L____J_ MEETS & BOUNDS TAX DESCRIPTION _j 1 l _1 _J_ _J l __1 _, I_ I_ l -I I I I ;~,C>, h, e_l ,cJ t, Isl .+ 1_1 ~LL~4 . 'M • v-_j~L-w, l), \ ,S,o,h,.), __l_l__ J ____I -_L --__J___ ----_ __I __1 __ _1 + n p._, y-. ~ fhs_.1-e_, r. .u. , b, \, S,0,\--}, \ s _h D, Y--, c), ,'8,,u, e_, ,N, I I I I I I I 5 ~ _:r, 'L,B I I I I I l I I I I I ==It ~_L_ __ ~-l___l ___ _____l_ _j_ I I _J ------·--·-· --- -X _ry-,e_, I i I I I I I \lU' ~w, 1 r-J ~I ,\?,f:_ ,e,I, ,&, J l__ i -' l I I I l I I I I --L --·----------- _j_______J _______l_____J__ _J _ L --_] L 1LLL{ C) 0 '{--D_ N, D, I I I I I I I I I I I ,8 ,C, ,2.' I __J __ __l_ _ _J___ ( _ L __J I l_~IC)I 2-Q_ J(, ,lo Jo, ---- s \ ~\. ,~,_& y-Y\:0, I ,5,5 ,3,S,~, I I I I I I 7 'l:, 2-I 4-- D --S,8,0 ,'i,._ , 1, \ 3, ~, t\ D, I I 16., I I -I \ ,t> \ ----1 ~I~.~~~~ -- ---_j l L __ l_ I. _______ J _ I _ I I __ __J___j_ I 50 ·······J~.~ ............... . 179. 01 ..-, -.), Ii::; c:: --~,.., __ ._~.....,._..__1~99~·~0_1 --, ' : 50 ::i:i 3 15 I ci: C!l ----+-t I I 0) ' I <D :z I b ex:: I <O (i...) I I I 150 < I- V) 0 c:: z I-0 •...u a.: z .-.. ' ~ vi ~ 27 4 . 77 ( <l) ~( t,Ov {/' ( 7) 19 .6 ~ GOVT (3) 1309 . 88 l ::iJ 2TT. 14 ,,.., ,..,, ( ?37 . 14 ,.,, BAYSIDE ~ -r, "' "" 2 1 ◄8 . 5 0 ~ 99. 35 OUTLOT 0 . ~,~ @Al rrt Ill/fl OUTLOT C (1.3) 657 . 56 NS9":TT '07"E 1 oi-I 11 · -Z. ") • 2. ~ ( I) N59•59·orE 539 . dd UJ ,..I=' . -.: 2C,'9, 01 r• ,,.., RD?09.0I lOO. So (-it:,c;-5" fl (9) 402. fl6 0 s;; c,1--~-- ~ 0 VO BAYVIEW FARMS 2ND ADD IT I I I ,.., • 0 ,,·r·,-,s c~E E ,.. ., .... , " r-,,... , ..... ,EE' . . _ _J,.. ....... .,,,c, .... _ r r._L_ ____ J_ ,-..... ,..,c,,., . .,.,, r. _ 100 SCAL£ ti ru:r 0 100 o DOIOIES nOtl UOtA.U:IIT OOErTATllfl ~ n,s ~IC SYSTtM !S MSOl OIi >JI ASSLLUJ DA TUI \Jlun' )JO Cf!All-'CE EASO.VflS All£. 51JJW!l Tl IJS! ......... •-' I-t ,~. ! _J ___ '' __ J __ 200 tt:J40 9 n:tt N wont .UO .ll).ON«I LOT uu uuss o~ 1oc,um Nil 10 rn, H MJTII »o ~ "°" CT •A'( UUI t.H.tS3 onCJntr1SC SIOWN (Ii Tit: N..AT. s:, '-~s:nr r,,o:.n ,---- ' ij l I I : : : ' ' I I : : ✓ I t .;, : / IQ I ..-: 01 "! N, I I t I ~ I , Ji r1 I u:, : b : 1 0 ill % L : I I I I I I I : I I I I ;._ Q 1--.... 0 f::! I •..:::, :._ ..... . ·~- ;'.t/ . -·-~-' t' CJ . fi• ~ " p . I I I I I I :. :: : 0 : -~ . . ',_.. i 1 I I t I f '\ L ___________ 1 ___ ------------· ----------.. -------.. ------... --.......... .:..: ··-----H 89"37' 07" E 657.511 * 4645 Bayside Road (OUTLOT C) * 15.0 Acres apprx. * $235,000.00 Price * Possible 4 Lot Subdivision * Views of Lake MTKA. * Map 22··4c * Call Mike Steadman 476-5316 w : ci ;., .... g "' To: Carrie Bazella, Legal Assistant From: Mike Gaffron, Asst. Planning & Zoning Administrator Date: April 15, 1996 Subject: Filing of SubdivisionN acation /Easement Documents -Geffre/Olson Please find attached the following documents for filing: 1. Drainage & Utilities Easement (Over part of Outlot C as it currently exists) -this should be filed first as it was granted by the current owner of the property it encompasses. 2. Easement Vacation -Resolution #3670 3. Subdivision Approval resolution #3669, with 2 copies of survey: -With notation by someone at Henn. Co. (surveyors office?) -With corrected legal description 4. Title commitments To follow in a week or so after being signed by the Mayor is the Oversized Accessory Structure Covenant referred to in Resolution #3669. Please call me if you have any questions. Thanks! ., ' l\1INUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 12, 1996 (Public Comments -Continued) Joan Valek said the County had agreed to split off the 1/2 acre to add to the Valek property, which was needed to alleviate drainage problems. The County, however, needs the City's approval by way of a resolution stating the metes and bounds of the 1/2 acre parcel before the County can split off the 1/2 acre parcel. Joan Valek said O'Connor is awaiting a survey of the property, which she was told needed to be done by the City. Callahan responded that the County was the owner of the land. Moorse interjected that it was StafPs understanding when the Council approved the 1/2 acre parcel to be added to the Valek property that there was a co~dition that an easement be provided to gain access to the parkland. Valek noted that the 1 O' alley was an abandoned utility easement and questioned that it was to be turned into an access . Moorse said when the approval was made, it was agreed that the easement would be moved to the side of the property and still be maintained as an easement. During preparation for this to occur, Staff determined that in order to provide a reasonable access, there would be a need to expand the easement from 1 O' to 20', to which the Valek's disagreed. Joan Valek said the resolution was never contingent on moving the easement on their property. She added that the alley had nothing to do with the resolution. The Valek's asked that the issue be placed on the Council agenda. Callahan responded that the matter would be taken up at the next Council meeting scheduled for February 26, 1996. ZONING ADI\1INISTRA TOR'S REPORT (:11#3) #2064 GEFFRE/OLSON, 4665 BAYSIDE ROAD -SUBDIVISION OF A LOT LINE REARRANGEI\'IENT AND VACATION-RESOLUTIONS #3669 AND #3670 Kelley moved, Goetten seconded, to adopt Resolution #3 669 granting a subdivision of a lot line rearrangement and oversize accessory structure variance for Irvin T. Geffre and Robert S. Olson at 4665/46:XX Bayside Road, and further adopt Resolution #3670 vacating a portion of drainage and utility easements within Outlot C, Bayview Fanns Second Addition. Vote : Ayes 3, Nays 0 . (*#4) #2088 STEPHEN GARDINER, 3770 BAYSIDE ROAD-VACATION OF UNIMPROVED ALLEY -RESOLUTION #3671 Kelley moved, Goetten seconded, to approve Resolution #3671 vacating 30' unimproved alley as dedicated in the plat, Ottoville of Lake Minnetonka, in 1887. Vote: Ayes 3 , Nays 0. 3 r ;,:~;,· '~{~i~i;~~:r~.:.:~_::":;, .. :~.-r . PROPOSE;D J .. ITT DIVISION ROBERT~:-· OLSON ' : -~~ ~11 Established in 1962 '. :.~·- LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED UNDER THE LAWS OF ST.ATE or MINNESOTA · 7!!01 T.lrd Annu• North ILl=-polt.. 1,U...,....,la M-4all 812-lle-0-3093 r u llo. ~00-:IOZl &ururyars (grrftffratr --~. --:--·~7 ~~~j~ti§Ulf~~~\~~ . HVOICE. ,. ··•-.. "•··•.,'"'IC F.B.NO·~----:-j .. SCALE: 1 :,-"'.' □ O..OIM · Woad 1-Ut Set ' for ucovotlon ooly .ooa.o o.not .. ' £xistln9 f:lev<rtk,n· @ Denolu PropGMd £JovotlM -Denot .. Su-face Dt-<Jino9o ___ Pr"l'()Md Top of Blod< ___ Pr_d Goro9ti 'floor ___ PropoN<I L-i Floor 11. "' .., 8 -------------------------_______ ..la,. ___ ---- c o u NTY ROi~D ~~ NO 84 ,,-···----4~4.49 'N~45'00"E~---i,. -·-, . .,. ·, ------------7 I' , , T <104.49 I Trl· ;5°00 ;"g,1.t.1 I I ' I~ I . 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J'· ' (" . l I \.l I ... t /J ~ I ~ ' co _, '~ : I :ir---· · .. 'N t' -r· ·h· "-' .. ~ 1' h:. .,. V L J \· ~ I I .,... ~ a .,.:3:1 . ("VG'. • 'V<.1' (" ! ~ I ~ i w ~ ~ ..., I ✓ ~ I.. • ,t,~ ! ... ..,, ~ lw ~ ~ ·. ',I ! m ,/ \ ' iui (J "-~ \ !~ Cr~ \' I • •! I (c_-,'.t I ILi I ~~ I~ I ~ I~- I Q 11 I I~ I , I ,... ~, I I (\ ~l,, I i ' '~ I /, ✓ (, I I ' '~ ' ,, I c~J -"c. I I ~ wJ r•o -. I . -. I A O !I! L_ UTILITY 6 DRAINAGE EASEMENT~~ ____ _]_ ______ .Jj) --·-N 89°37'07" E 657.56-.. ·- .._ l"n,poHd bvikl<n9 lnformollon moJ11I b< checked with approved bulldin9 ,-. tttlif0te excovoUon ond conttruc\ion. 1lllt orly "°"emenb llhown are from plols of reco,d o, lnfcnnotion l'"'"ded by chnl. ;=-~-t,:r~·~,~i 1:vrtiiy \hot '-!,b t'J ,;; \rue O't't! correct repn,$r'ltoli0t\ of ~ o ..,.v•y of lht. bou'6ol"i•t ct· thC! obov• d•:tettbed la'ld ond the location of c" buKdln,ga Old vialble tnCTooctirn.nh, It ony. from or on -lond . S.,,..yed by u, 1h11 'Z'Z Af.J' doy of M 4 X: 19 jz :;, '. (Uv14W . lioJc:Hi5t.f:, bfll, i~S. .,_ T:,i,. af ~ EXISTING DESCRIPTIONS Lot I, Block 2, BAYVIEW FARMS 2NO AOOITIOM OUTlOTS A,B,C and 0, BAYVIEW FARKS 2111} ADDITION Proposco Di!sc~iptions; PARCEL~= (114,537 Sq. Ft. -2.629 Acres) Outlot A, Lot 1, Block 2, and the north 123.00 feet of the west 148.50 feet of Outlot C. All 1n BAYVIEW FARMS 2ND ADDITION P-'RCEl 8: (614,786 Sq. Ft.-14.114 Acres} All of Outlots Band D and Outlot C except the north 123.00 feet of the west 148.50 feet thereof. All in BAYVIEW FARMS 2ND ADDITION . We hereby certify that this property dfvfsion was requested by us and we are owners of ~ apove described property. !f;;;Jf~- J1.~11~~ /v\t1.1•1ov,·e I,,,~~ I This property division was approved and accepted by the City Council of Orono, Minnesota at a regular aeeting he 1 d thereof This /,5/ T/{ day of -•J..,. By C~JIL21(, e:-cat//.<,ha.-Jt,. Mayor , . '/:1,. , I,:( ,.7. '. ·\ B~· -,,;f ;;...4t~"'.'74-.L.✓'1, ,~~,...,,., C1cr~ Sl~'~.<tk-G½l Royond A. 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Of(/-7·1t./) 1-)C/\..J ~ 7-oT"A-L Pr=,F'.:, TV·MTT:,- Sflo,{ L.-6 B.e 1/ 550 -r 1-0 s 1 12(.f(3Dr A 13!{,L r,2-0M C1ry f;.NG,./ /\Jl::"P(2. f,'c{T /JA.-vfv,_/'r µ~ci,,1Ut,C) I -r 'f C:::r -~kfov c..--b, t,p /11.J ~ I? b. r-J(, ,.,.-DF J.i 1' · 4 · f/o/'.:,--V-2o-io f'0o4?< - foiA (2._ \is C..\+PC/:'. ;s /t-J nf1:5 ,-~ r'.S e -W\-1:'1 bo('\ ', Yb---1.. ~r('.,\ TT-:~ -# . ON!c Fo R. {;2)/T A:Yt"' tA er-11-( t? atv~ F>r-4± l7'S / /W l:::, f'C''--1 'T)tr.S t"N(,.;(c, I?,\ l L-v-)\.~e ~ \"T col--'~''. .1t--\ A fv\ON•l.\_ OP--'\ I/' ' D, f f • flAA)(..P ··, .; I 2'57 f!>AiV/eW ~urt,or A I /re::\N\ D-f"'<.) I I f~~ LAV1t,tr/ DVea_ 8,, TD r ci vs:or-J Coruser-sr-Pt v' LM' -f?;. ·f f{/1/4ZM~~ !) t( II €14-l ~ ~~ fV(r:zNT -· fJD ,e.«d-0 ~ trk\4S. Fl POPHAM HAIK SCHNOBRICH 8c KAUFMAN, LTD. I NCLUDING T H E LAW PR A C TICE OF MASON , FENWICK 8c LAWRENCE , ESTABLISHED 1861 U .S . O F FI C E S : DE NV ER , C OLO R A D O TE L 303 -893 -1 2 00 MI A M I, FLORIDA TEL 305-530-0 0 50 WASHINGTON , 0 .C . TEL 202-824-8000 Mr. Michael Gaffron City of Orono SUITE 3300 222 SOUTH NINTH STREET MINNEAPOLIS , MINNESOTA 55402-3336 TEL 6 I 2 -333-4800 • FAX 612 -334-8888 CARRIE L. BAZELLA DIRECT DIAL (612) 334-2696 December 19, 1994 AFFILI AT I O N S: BE I J ING, CH INA TEL O I 1861 -5 135261 LE I P Z I G , GER MANY TEL O I 14 9 -341-491 842 9 STUTTGART, GER MANY TEL O I 149-71 1-22363 Post Office Box 66 Crystal Bay, MN 55323 DEC 2 ~O 1994 Re: Bayview Farms 2nd Addition Our File Number 3643-047 Dear Dear Mike: Please find enclosed in connection with the above-referenced matter the Road and Utilities Easement recorded as Document No. 2570025, executed by the Geffres; Road and Utilities Easement recorded as Document No. 2570026, executed by the Olsons; and Consent to File Plat recorded as Document No . 2570023, executed by Marquette Bank, Mound, all in connection with Bayview Farms 2nd Addition. We are still waiting for the recording information on the Driveway Easement and the consents to it and the road and utilities easement executed by one of the two lenders. Should you have any comments or questions, please do not hesitate to call. Enclosures c : Heather Illies (w/Enclosures) 357/22067038 12/19/94 Very truly yours, Carrie L. Bazella Legal Assistant CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 1967 NOTICE OF COUNCIL ACTION Date of Notice: 11/16/94 ----------------------------------------------------------------- TO: K-P Properties Inc. Donald R. Peterson, Pres. 12435 42nd Ave. N. Plymouth, MN 55441 COPIES: Robert S. Olson 4645 Bayside Road Maple Plain, MN 55359 Irvin Geffre 4665 Bayside Road Maple Plain, MN 55359 ----------------------------------------------------- TYPE OF APPLICATION: Subdivision ----------------------------------------------------------------- DATE OF MEETING: 11/14/94 VOTE: 4 FOR 0 AGAINST ----------------------------------------------------------------- COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Final Subdivision Plat Approval -The approval resolution and other required documents and drawings will be filed and recorded with Hennepin County by the City Attorney. You may be contacted by the City Attorney if additional information is required in order for recording to occur. Note that all taxes for the current year must be paid before the County will accept subdivision for recording. 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. ch \-illHJTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVB.IBER 1-L l 99-+ (*#4) #1967 K -P PROPERTIES/ROBERT OLSON/IRVIN GEFFRE, 4645/4665 BAYSIDE ROAD -FINAL SUBDIVISION APPROVAL -RESOLUTION ;\,fr. Peterson was present representing K-P Properties, Inc . and the property owners. Callahan moved., Goerten seconded, to adopt Resolution #3492 granting final plat approval for the plar of Bayview Fanns Second Addition for Robert S . Olson., Irvin Geffre, and K-P Properties, Inc. at 4645-4665 Bayside Road. Ayes 4, Nays 0 . {#5) #1969 CITY OF ORONO, 1355 BROWN ROAD SOUTH -VARL.\.i~CE - RESOLlJTION Goetten inquired about the cost of the parking lot. Gerhardson reported the cost will be $4890, which includes the planting of additional trees . Gerhardson said the lot has been dealt with as a zoning matter and is part of a lease agreement v.,1.th the postal service. Gaffron stated this application is a request for a front yard setback variance. Because this is a two-acre single family zone, a parking lot would normally have to be 50' from the street lot line . This would result in encroachment into the existing Crystal Bay Park area and would still require a driveway in the defined front yard. Based on this, the parking lot plan is to place it al o ng the side of the building requiring a variance . The Council members felt that the 8-10 stalls normally required for this building size is excessive for the use the building receives . Gerhardson said the plan is to install si.x stalls . Gerhardson said the City is concerned with traffic flow into the post office. At the present time, residents using the drive-up box have to cross the street twice to use it_ It was noted that this lot would also service the park. Gafffron said since the building is in existence, the City has the discretion to choose the number of stalls for the parking lot. Callahan suggested this item be tabled to check the lease v..ith the postal service to detennine if it includes the number of stalls for the parking lot . Callahan mo ved, G o erten seconded, to table Application:= 1969, City of Orono, until the Council meeting of 11 /28/94. Ayes 4, Nays 0 . (#6) #1971 BRL-\.N KIPFER/GREG SARGENT, 320 TURNHA.1'1 ROAD - COl"i'DmONAL USE PERl"\UT -RESOLUTION OF DENIAL #3493 The Applicants were present. 3 1'I•:n:R W JOHNSON ./OIIN W. WOOD, JR. 1;AHY L. l'IILE(;ER Ill< :IIAllll ./. SCIIIEFFER November 2, 1994 LAW OFFICES JOHNSON & WOOD, P.A. 1055 EAST WAYZATA BLVD. SUITE 300 WAYZATA, 'MINNESOTA 55391 TELEPHONE (6 l 2) 4 7 5-151 5 TELECOPIER (612) 475-0311 Mayor Edward J. Callahan, Jr. city Council Members CITY OF ORONO P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Property on Bayside Road Dear Mayor Callahan and Members of the Council: OF COUNSEL EARLE J. NlEDt;RLUECKE .JAMES ll. MAcKINNON C. SCOTT MASSIE INVESTIGATOR DAVI[) J. IIERZUCK This letter will certify that I have examined the Registered Property Abstract prepared and certified by Land Title, Inc. for the following described property: Lot 1, Block 1, Bayview Farms, continued down to the 12th day of October, 1994, at 7:00 o'clock a.m. and assuming said abstract to be complete and correct, I am of the opinion that on that date good and marketable record title was vested in Irvin T. Geffre and Marjorie L. Geffre, free from encumbrances and defects, except as follows: 1. A Mortgage originally in favor of Bell Mortgage Company, now in favor of Principal Mutual Life Insurance Company, an Iowa corporation, dated September 21, 1993, and recorded November 2, 1993, as Document No. 2437595, securing the original principal amount of $53,000.00. This Mortgage constitutes a lien upon the property until paid. You should require that this mortgage be satisfied, or that Principal Mutual Life Insurance Company either signs the Plat, or executes a consent to the Plat. Mayor Edward J. Callahan, Jr. City Council Members CITY OF ORONO November 2, 1994 Page Two 2. A Mortgage in favor of Marquette Bank Mound, dated January 20, 1994, and recorded January 25, 1994, as Document No. 2470789, securing the original principal amount of $75,452.50. This Mortgage also constitutes a lien upon the property until paid. The requirements as to the Mortgage referred to in number one above are applicable to this Mortgage as well. 3. Real estate taxes due and payable in 1994 in the amount of $2,683.84 are paid. The property is assessed in the name of Irvin T. Geffre as homestead, Property I.D. No. 06-117-23-22-0007. 4. No search has been provided for levied or pending special assessments. Such assessments would constitute liens upon the property until paid. If assessments are an issue, you should require that an appropriate search be made. 5. The property is subject drainage and utility easements as shown on the recorded Plat. 6. You should be aware that since the property is located in the city of Orono, it will be subject to all zoning ordinances and regulations of the City as well as other ordinances, regulations, laws and rules. You should satisfy yourself that the use to which you propose to put the property is compatible with said ordinances, regulations, laws and rules. 7. You should be advised that the premises may be subject to a lien or liens for materials or services furnished thereon during the past 120 days. As a general rule, under the laws of Minnesota, the supplier of materials or services upon real property is entitled to a lien upon such property for a period of 120 days from the date upon which such materials or services were last furnished without the necessity of filing a written lien of record during that period. You should satisfy yourself that no materials or services have been furnished within the last 120 days for which payment in full has not been made. 8. You are put on notice of the rights and interests of any parties in possession of the premises. If there is any doubt as to the interest or right of the parties in actual possession of the premises, you should make further inquiry as to the basis of such possession. 9. You should be advised that the Abstract does not cover matters which would be reflected in a survey of the premises, such Mayor Edward J. Callahan, Jr. City Council Members CITY OF ORONO November 2, 1994 Page Three as the location of any roads, alleys, trees, shrubs or other items on the premises. If a question exists as to these matters, you should seek to have the property surveyed by a competent surveyor. Very truly yours~/ / /;~'!' ······--. . /./ I ,, : , ., I. . . {!)ff}/ I(· . , ~ James D. MacKin~on JDM:mb PETEil W_ JOHNSON JOIIN W_ WOOIJ, .JR < ;AR\' L. PIILl,m:R HICIIARll J. SCIIIEFl'ER November 2, 1994 LAIi' OFFICES JOHNSON & WOOD, P.A. 1055 EAST WAYZATA BLVD SUITE '.JOO WAYZATA, MINNF,SOTA r,s:J~I TELE I' II O NE ( G I 2) ·1 7 5-1 :, I 5 TELECOPIER (612) 475-0311 Mayor Edward J. Callahan, Jr. City Council Members CITY OF ORONO P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Property on Bayside Road Dear Mayor Callahan and Members of the Council: Of' COUNSEL EARLE J _ NIF.DERLUF.CKF. JAM8S D. MAcKINNON C. SCOTf MASSIE INVESTIGATOR DAVID .L IIERZUCK This letter will certify that I have examined two Registered Property Abstracts prepared and certified by Land Title, Inc. for the following described properties: That part of Lot 2, Block 1, Bayview Farms embraced within the West 1/2 of the East 1/2 of the Northwest Quarter of the Northwest Quarter of Section 6, Township 117, Range 23; and Lot 2, Block 1, Bayview Farms, except that part thereof embraced within the West 1/2 of the East 1/2 of the Northwest Quarter of the Northwest Quarter of Section 6, Township 117, Range 23, which collective constitute all of Lot 2, Block 1, Bayview Farms, which abstracts are both continued down to the 12th day of October, 1994, at 7: 00 o I clock a. m., and assuming said abstracts to be complete and correct, I am of the opinion that on that date good and marketable record title was vested in Robert S. Olson and Margaret W. Olson, free from encumbrances and defects, except as follows: Mayor Edward J. Callahan, Jr. city Council Members CITY OF ORONO November 2, 1994 Page Two 1. A Mortgage in favor of Investors Savings Bank, F.S.B., dated May 16, 1988, and filed June 28, 1988, as Document No. 1940749, securing the original principal amount of $85,000.00. This Mortgage constitutes a lien upon the property until paid. You should require that the mortgage company sign the Plat, or execute a consent to Plat, or, in lieu thereof, you should require that the Mortgage be satisfied. 2. A Mortgage in favor of Investors Savings Bank, F.S.B., dated April 15, 1993, and recorded May 12, 1993, as Document No. 2374128, securing the original principal amount of $50,000.00. This Mortgage also constitutes a lien upon the property until paid. If you are requiring a Satisfaction of the Mortgages, you should require a Satisfaction of this Mortgage as well. 3. The property is subject to a Flowage and Conservation Easement and Waiver of Damages Agreement, a copy of which is attached. I have reviewed this document, and I find it to be identical to others normally required in the city of Orono, and, therefore, not objectionable. The area covered by this document is highlighted on an exhibit to this letter. 4. The property is subject to drainage and utility easements as shown on the recorded Plat. 5. The judgment, tax lien and bankruptcy search reveals the following: 1. USA vs. Robert Olson, filed May 15, 1991 as Document Number 5778493, in the amount of $32,621.37. 2. USA vs. Robert Olson, filed September 16, 1994 as Document No. 6339623, in the amount of $8,555.99. 3 • USA vs. Margie Document Number $40,329.73. Olson, filed April 5771650, in the 24, 1991 amount as of 4. USA vs. Margie Olson, filed February 26, 1993 as Document Number 6044 738, in the amount of $15,875.75. 5. USA vs. Margie Olson, filed May 7, 1992 as Document Number 5909053, in the amount of $28,512.54. Mayor Edward J. Callahan, Jr. City Council Members CITY OF ORONO November 2, 1994 Page Three All of these constitute tax liens against individuals who have names similar to the owners of the property. You should determine whether any of these tax liens are against the actual owners. If they are, you should have the liens satisfied, and if they are not, you should verify that fact and obtain an affidavit so stating. 6. Real estate taxes due and payable in 1994 in the amount of $8,366.52 are paid. Real estate taxes constitute a lien upon the property until paid. The property is assessed in the name of Robert S. Olson as homestead, Property I.D. No. 06-117-23-22-0008. 7. No search has been provided for levied or pending special assessments. Such assessments would constitute liens upon the property until paid. If assessments are an issue, you should require that an appropriate search be made. 8. You should be aware that since the property is located in the City of Orono, it will be subject to all zoning ordinances and regulations of the City as well as other ordinances, regulations, laws and rules. You should satisfy yourself that the use to which you propose to put the property is compatible with said ordinances, regulations, laws and rules. 9. You should be advised that the premises may be subject to a lien or liens for materials or services furnished thereon during the past 120 days. As a general rule, under the laws of Minnesota, the supplier of materials or services upon real property is entitled to a lien upon such property for a period of 120 days from the date upon which such materials or services were last furnished without the necessity of filing a written lien of record during that period. You should satisfy yourself that no materials or services have been furnished within the last 120 days for which payment in full has not been made. 10. You are put on notice of the rights and interests of any parties in possession of the premises. If there is any doubt as to the interest or right of the parties in actual possession of the premises, you should make further inquiry as to the basis of such possession. 11. You should be advised that the Abstract does not cover matters which would be reflected in a survey of the premises, such as the location of any roads, alleys, trees, shrubs or other items Mayor Edward J. Callahan, Jr. City Council Members CITY OF ORONO November 2, 1994 Page Four on the premises. If a question exists as to these matters, you should seek to have the property surveyed by a competent surveyor. Very truly yo~r \/ / ... / .. , .. -7 /1/ / ; . //) ( James,~;Kinnon -------------~ \,JDM:ntb .. Enclosures ~-~~~'-'-~~!m~'!:f'!!!:l!I~, ,:lil.~IIGl!lll:t!i·, ""':11--.'l'l:!li:;q:M.~ill',"':1"''v .. :"':·~!ia,~"1;1PO~"'•J"'. S,.I:/1DIT_ ..... t ................ :; .. ::-·,x-.'"'~ .. :"'. ~ ... : .. -.. /-/ .. 0-u:~m,7' . . •,· AND nhlVI:R or D1'W-.Gl:S ' ---- TlllS lNDI:NTUJU:, mado And entarod into thin ~ d~,• of ,~vombor , 197 9 , by and between Robort s. Oho,n r, M3rqnrot \-t. 01,;;,--, --,.-heirs, Assigns, successor ■ (herelnalter collcctTvcrr rc1crrcd to AB tno Grantor(sl) And tho Cit~ of vrono, its suc- cessoro llnd Assign~, A municipAl corporaflon'unde'i-'' the lAWD of the State of Minnesota (hereinafter referred tons the Grantee). WITNESSETH, Grantor (u), for And in consid(•ration of the 6\lrn of One Dollar ($1.00) and other valuable consideration, hereby covenant, _gr11nt, ,:gift, quit cla:un 'Ind convey to Grantee _th_!)_ right to rc•trict And GrAntor (s) Agree to limit And pre- cludo U1et~\!'~};-:_Irriprovcinciit .;nd development, under the condi- tion• and covenant• herein contained, tho . .,!ollowing de,cribcd Land in the County of llcnncpin And State of Minnesota, Tho ':'_O!_)•_n_~•-~-•-sho.;n on the plot o_f Oay~lew rarms, -, \ ( .. ~- .,., ~':::f"'-:t,':·,~~'l/:~:'f'J~Sw;I/C41;',lt;~'.':::~~~~~~:::li'l!a!tr""'"""l"llll•..,.,...,"""_f"'!.'l~~~~~=-l'!"'q.,.-,..."":".,...'IJ"llllli1"!,--c,, D, Go aoll, aand, gravel or other ~u~stancc or ~3l~~ial as landfill aruill bo plnccd, Guropcd or atorcd upon the Land onJ no wl,to, troah or 9orbago &hall bo ploccd, d~apcd or ctored upon tho Land, E, No uso sh•ll bo mad.a o! the Land except uses, i! any, which will not change or alter the natural condition o! the Lond, and no uuo which would tend to change the drainage, flood control, wAter conservation, cro£ion control, voil con- corvation, fish and wiltlli!o habitat characteristics chnll be made of the Land or the water &ituated thereon. F, Grantee may enter upon tho Land for the purposes of inspection and enforcement o! tho covenants contained herein and to causo to bo removed from the Land without any liability any structures, uses, materialo, GUbstanccs, or unnatural mat- ter inconsistent with tho covenants contained herein and tho natural state o! tho Land, 2, Grantor(s) hereby grant, gift, quit claim nnd convey to Grantoo, a po!'potuol flcwago easement llnd right and pr·ivilcgo to trespans with water over and upon any or all of the Lnnd. 3, Grantor(1) herein do hereby remiss; release, acquit and forever discharge, forever, tho Grantee and any and all of its officers and employees of And from any and all claims, derr..,nds or causes of action of Any kind or nl\turc whatsoever which may arise or a~crue by virtue of any flowayc or trespass with water within terms of these agreements. ln addition to any other remedy the Grantee may hove, the covenants and r~strictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in tho above land by virtue of this inucnturc or other- wise, except as hereinabovc set forth, Thi• ~natnirnant was dra!tod by1 POP!v.M, HJ.I~, SCHNOBRICH, l<A\J1'11,\N , DOTY, Ltd. 4344 IDB Cantar, Xlnnaapolia, Xinnaaota 55402 (612) 335-9331 ,,,. 0,•1·1 )\lt'HI l,H1•-. 0Pc1 11,\lhlyl ,..11,r-11'('\ nt1ANl.l \JIV1':l\\)N ............. ·-·a~· ....... , .. , '"• ''""""' 100,/ /Iii •MIii !O'llf •• --· -·· ....... 1.· f l .•.. , ... ! .... •·· ~ 13'r'10~J F\cgl>tcred Vol 1985 Page 59'1377✓ NO FEE REQUIRED C......> ·--,,,.,,- ... ~--<( ~·-, :.· ·:: .. · ;;:., ..... :: .. r i)iJ/ ~~;· ~ii~ }~ I ni• J~~-~~-~~/ :,w ~;&: ~i :Ht\ S-i= ~~:~: ·I:f,i· li,•l: ~'t !tJi;1 to~•: f~''t .,-,t•tt.· .. ''. {;t;'. 1~}1 ~~1· ~1~t I .r:?< K·t ol I /It< ~'rl,'( . ,, .,,,., ~1 ,;,,/ror .,,4 //f ,11,.,-/h, ., n·o/ e/ t½, ' "' ~· ~ . 0 % "' .. ,.: N .., •il' !itl!~lttJi:tJz~ I ,.., I"' "' IQ I I I ,... t,; J HU 0 H_O\'. ( I I r '°7 ',I -J. -··· _,.. 0 DEN BEARING B(ING ~• LOT llk(S AOJQlklNG SHO"'>I QI - CITY OF ORONO P.O. Box 6f.J Crystal Bay, MN 55323 473-7357 APPLICATION NO. 1967 NOTICE OF COUNCIL ACTION Date of Notice: 10/27 /94 ----------------------------------------------------------------- TO: K-P Properties Inc. COPIES: Donald R. Peterson, Pres. 12435 42nd Ave. N. Plymouth, MN 55441 Robert S. Olson 4645 Bayside Rd. Maple Plain, MN 55359 Irvin Geffre 4665 Bayside Rd. Maple Plain, MN 55359 ------------------------------------------------------ TYPE OF APPLICATION: Preliminary Subdivision ----------------------------------------------------------------- DATE OF lVIEETING: 10/24/94 VOTE: 4 FOR 0 AGAINST ----------------------------------------------------------------- COUNCIL ACTION -MOTION: To approve your preliminary plat application per the findings and conditions of the resolution enclosed herewith. Applicant must provide to the City all information and complete all required improvements for final plat approval as noted in the preliminary plat approval resolution. Preliminary plat application expires one year after the date of Council's approval of your preliminary plat (October 24, 1995). Note that prior to the filing of the final plat after final subdivision approval, all taxes for the current year must be paid. Please contact the Zoning Department if you have any further questions concerning matters discussed above or the conditions of the preliminary subdivision approval resolution. ch LOT. SURVEYS COMPANY, INC BAYVIEW FARMS 2ND ADDITION R.T.DOC.NO. LAND SURVEYORS I I I f'") A I) 17"!:"0S /"•r"")r""C"! ~ ~)AH 1,·c·r)("" ~ _ _Jr ,..,1,'11 Li",._ 1_.1 ..... C L r.L ____ _l _-~,,,,, 1 L 1.., ,J r'r-)r r 1, ' ..... 1'.C C r. SCALE N FEET 100 0 100 o DENOTES RON MONIMENT ~j()_ 8-~ 655.16----- 200 ' o, "' o, ~: ORENT A TION OF THS BEAR'NG SYSTEM~ BASED ON AN ASSt.MD OATI.M ' ' ------>:_.S:~t;;/!~!::::::i ~ CJ gi lJTIIJTY ANO DRAtlAGE EASEMENTS ARE SHOWN TH.JS: NO SC,U: S! ~~ ~s S! _J ___ ' ' __ j__ EIOIG 5 FEET N Wl>TH At-I) A~ LOT LN:S, lltESS 0Tt£RW1SE KllCATEO, »o 10 F"EET N WDTH AN) AOJONNG RIGfT OF WAY UES t..tU:SS OTJ-E:RWISE SHOWN ON Tl£ PLAT. TAXPAYER SERVICES DIVISIDN, Hennepin County, Minnesota I hereby certify that taxes payable in 19 __ and prior years have been paid for land described on this plat. Dated thfs ____ day of _______ _ 199 . Patrick H. O'Connor. Hennepin County Auditor By ______________ Deputy SURVEY SECTION, Hennepf n County, Minnesota <D IX) st- "' N ~ ~ n io n . 0 0 z 10~ ' ~1CI ' ' 0 ' :_ _______ -___ j --------------------------------------------------_: N 89°37' 07" E 657.56 Pursuant to HIHN. STAT. Sec. 3836.565 (1969), thfs plat has been approved this ____ day of _________ _ Gary F. Caswell. Hennepin County Surveyor By ___________________ _ REGISTRAR OF TITLES; Hennepin kCounty~ Minnesota w 199 __ . I hereby certify that the within plat of BAYVIEW FARMS 2ND ADDITION was filed in t:his office this ____ day of _______ _ 199 , at _____ o'clock: .M. R. Dan Carlson. Registrar of Titles By ___________________ ,Deputy KNO~ ILL HEN BY THESE PRESENTS: That Irvin T. Geffre and Marjorie L. Geffre, his wife. owners and proprietors. and Principal Residential Mortgages Incorporated. an Iowa corporation. mortgagee. of the following described property situate in the County of Hennepin, State of Minnesota. to-wit: Lot 1, Block 1, BAYVIEW FARMS, according to tl't' plat thereof on file and at record in the office of the Registrar of Titles in and for said Hennepin County. Minnesota and Robert s. Olson and Margaret W. Olson. his wife. owners and proprietors. and Investors Savings Bani. FSB. a United States corporation. mortgagee. of the fallowing described property situate in the County of Hennepil, State of Minnesota. to-wit: Lot 2. Blad 1. BAYVIEW FARMS, according to tre plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota Have caused the satne to be surveyed and platted as 3AYYIEW FARMS 2ND ADDITION and do hereby donate and dedicate to the public for public use forever the easements for utility and drainage purposes as sho'ffl on the plat. Jn witness whereof said Irvin T. Geffre and Marjorie L. Geffre. his wife. have hereunto set their hands this l() fr' day of l )Dl,J[;)ti\Bt;/2 199_!::J._. In witness ~hereof said Principal Residential Mortgages Incorporated. an Iowa corporation. has caused these presents to be signed by its proper officers this _____ day of----------• 199 __ . In witness whereof said Robert S. Olson and Margaret W. Olson. his wife have ttereunto set thier hands this IDT.Ji. day of AJlMEM l,;f;:'\ 1994-. In witness whereof said Investors Savings Bank. FSB, a United States corporation. has caused these presents to be signed by its proper-officers this ______ d.ay of----------• 199 __ . Signed: ~ J.0,-..., irvin T. Geffre fiffirjorfe, .J< Geffre -Robert S. Olson PRINCIPAL RESIDENTIAL MORTGAGES; INCORPORATED INVESTORS SAYINGS BANK FSB ____________________ ! 1s __________ _ _ ____________________ its __________ _ ____________________ its __________ _ _ ____________________ its __________ _ State of Minnesota County of Hennepin Geffre, his wife. State of ------ Geffre and Har jori e L. ~ ,or~.'::,r,. ~ "'~:;::,.w-all tary Public[ ennepin c.6'unty, Minnesota Hy Comissfon Expires 7-(rJ--<["f County of _____ _ The foregoing instruaent was acknowledged before ae this ____ day of ___________ , 199 __ , by ________ _ its ______________ .and by _________________ its ___________ of Principal Residential Mortgages Incorporated, an Iowa corporation. on behalf of said corporation. Notary Public, _______ County. _____ _ State of Minnesota Hy C0111ission Expires ____________ _ County of Hennepin The foregoing instrument was acknowledged before ae this / ,,-,-..,t,day of IY ~ 1991-_, by Robert S. 01 son and Margaret W_ Olson. his vife. State of ------- County of ______ _ The foregoing fnstrtaent was acknowledged before ne this _____ day of _________ _ 199 __ , by ________________ its __________ and by _________________ its. __________ of Investors Savings Bank FSB, a United States corporation. on behalf of said corporation. Notary Public. _______ County. ______ _ My C0111ission Expires ____________ _ I hereby certify that I have surveyed and platted the land described on this plat as BAYVIEW FARMS 2ND AOOITION; that this plat is a correct representation of said survey; that al 1 distances are correctly shown on said plat in feet and hundredths of a foot; that all said plat or will be placed as required by the local governmental unit as designated on said plat. State of Minnesota County of Hennepin The foregoing surveyor's certificate was acknowledged before s.e this __ Ury_~~-day of (}c,,lpb;.g. . 199_=1::_, by Ray1DOnd A. Prasch. licensed Land Surveyor. ,~ ~~ · !lGnu~g,.,"JCI ~ NOr"'n""'-'fC • HlNNtPIN ~;'°' Therese Prasch, Notary Public. Hennepin County. Minn. -----~i:.:=.::"'•• 11•19."f Hy Coa1ission Expires Novewtu~r )9, 1!196 ORONO, HINMESOTA This plat of BAYVIEW FARMS 2ND ADDITION was approved and accept,e;d.• tr;, c.lJe City Council of Orono. Minnesota at a regular 11eeting thereof held this _____ Jay of __________ • 199 __ . If applicable. the written connents and recoanendations of the Connissioner of Transportation and the County Highway Engineer have been received by the City or the prescri~d 30 day period has elapsed without receipt of such conments and reconnendations. as provided by Hinn. Statutes Section 505.03, Subd. 2. CITY COUNCIL OF ORONO, HINNESOTA By -----------------------'Hayor By __________________ C.lerk REQUEST FOR COUNCil, ACTION DATE: November 7 , 1994 ITEM NO.: if Department Approval: Administrator Reviewed: Agenda Section: Name Michael P . Gaffron Zoning Title Assistant Planning & Zoning Administrator Item Description: #1967 Robert S . Olson/Irvin T. Geffre/K-P Properties, Inc., 4645/4665 Bayside Road -Final Subdivision Approval -Resolution List of Exhibits A -Resolution B -Copy of Final Plat Drawing C Preliminary Plat Approval Resolution No. 3483 The applicants have completed all requirements for final plat approval , including: • Dedication of appropriate II drainage and utility easements 11 (while a drainage easement is shown over the wetland in Outlot C , no conservation and flowage easement will be required until Outlot C is developed). • Granted the required road and utility easements over Outlots B and D . • Provided evidence of driveway easement over Outlot B in favor of proposed Lot 1, Block 1. • Paid the appropriate fees. • Provided the appropriate title opinion and documents . Staff Recommendation Staff recommends final plat approval per the attached resolution. COUNCil, ACTION REQUESTED: Proposed Motion: Moved by __ , seconded by __ , to adopt Resolution No. __ _ granting final plat approval for the plat of Bayview Farms Second Addition for Robert S. Olson, Irvin Geffre and K-P Properties, Inc. at 4645 -4665 · Bayside Road. Vote : __ ayes , __ nays. lsv A RESOLUTION APPROVING THE PLAT OF BAYVIEW FARMS SECOND ADDITION -FILE NO. 1967 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision by Robert S. Olson of 4645 Bayside Road, Irvin T. Geffre of 4665 Bayside Road, and K-P Properties, Inc. represented by Donald R. Peterson (hereinafter "the subdividers"); and WHEREAS, on October 24, 1994, the City Council approved Resolution No. 3483 granting preliminary approval for a plat at 4645/4665 Bayside Road; and WHEREAS, the property is located within the RR-lB, Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot; and WHEREAS, the property contains a total of approximately 19.5 acres, of which approximately 1.1 acres has been delineated as wetland; and WHEREAS, the proposed plat contains two lots (designated as proposed Lot 1, Block 1 and proposed Lot 1, Block 2), each containing an existing residence structure, proposed Lot 1, Block 1 being 2.75 acres in area, and proposed Lot 1, Block 2 being 1.94 acres in area. Proposed Lot 1, Block 2 technically requires a lot area variance, but will retain ownership of an additional O. 07 acre outlot and may gain up to an additional O. 28 acres as noted below, in order to meet the 2.0 acre minimum lot area requirement; and WHEREAS, the septic system serving the residence on proposed Lot 1, Block 1 is failing and is intended to be replaced. On-site sewage treatment system site evaluation data indicates that primary and alternate drainfield sites for current and future use are available within proposed Lot 1, Block 1. No septic testing is required for the existing residence on proposed Lot 1, Block 2 since it is a pre-existing lot; and Page 1 of 6 WHEREAS, in addition to proposed Lot 1, Block 1 and proposed Lot 1, Block 2, four outlots are proposed to be created with the following intent for each: (a) Outlot A: 0.28 acre remainder parcel to be combined with proposed Lot 1, Block 2, at such time that Outlots B and D are used for private driveway or road access to Outlot C. (b) Outlot B: 0.32 acre 50' future road corridor providing access for future development of Outlot C. In the event that Outlot C is further developed using road access from adjacent properties not requiring the use of Outlots B and D, Outlots A and B will be legally combined with proposed Lot 1, Block 1. ( c) Outlot C: 14 .13 acre parcel intended for future development into single family residential lots. Outlot C is intended to not be buildable for even a single residence unless or until it is further subdivided and/or replatted into one or more building sites. (d) Outlot D: 0.07 acre future road corridor segment to complete continuous access in conjunction with Outlot B for future development of Outlot C. In the event that Outlot C is further developed using road accesses from adjacent properties not requiring the use of Outlots B and D, Outlot D will be legally combined with the proposed Lot 1, Block 2. WHEREAS, Outlots B and D provide continuous access to Outlot C from Bayside Road. The platting of Outlot D coincides with an existing access easement over Lot 1, Block 1, Bayview Farms in favor of Lot 2, Block 1, Bayview Farms. The inclusion of Lot 1, Block 1, Bayview Farms in this proposed plat is the subject of an agreement attached to this resolution as Exhibit A, which details the applicants' intent regarding the future use and disposition of Outlots A, B and D; and WHEREAS, it is the City's intent that if Outlots B and D are developed for future road to serve Outlot C, then the existing residences on proposed Lot 1, Block 1 and proposed Lot 1, Block 2 shall construct driveway accesses onto said new road and eliminate the existing direct driveway accesses to Bayside Road; and Page 2 of 6 WHEREAS, it is the City's intent that in the event Outlots B and Dare used in the future for road purposes that such road shall be constructed to City standards. Further, it is the City's intent that in order to guarantee the future access to Outlot C, applicants shall provide to the City standard road and utility easements over Outlots B and D. It is the City's further intent that if Outlot C is developed without the need for access via Outlots B and D, that such road and utility easements will be vacated upon formal request of the property owners; and WHEREAS, it is the City's intent that Outlots A, Band C shall remain in private common ownership until Outlot C is further developed, and that Outlot D shall remain in private common ownership with proposed Lot 1, Block 2 until Outlot C is further developed; and WHEREAS, it is the City's intent that at the time Outlot C is further developed, the City will at that time require the payment of park dedication fees and the dedication of any additional necessary and appropriate public easements within Outlots A, B, C and D; and WHEREAS, it is the City's intent that proposed Lot 1, Block 1 and proposed Lot 1, Block 2 grant the standard perimeter utility and drainage easements based on the assumption that Outlots B and D will in the future become a roadway; and WHEREAS, although Hennepin County Department .of Public Works has requested additional right-of-way for County Road 84, no additional County road right-of-way will be required of the developer consistent with the standards for a collector road as defined in the Orono Comprehensive Plan; and WHEREAS, a driveway easement over Outlot B shall be granted in favor of proposed Lot 1, Block 1 for the existing driveway in Outlot B; and WHEREAS, the existing accessory metal shed located at the northwest corner of Outlot C will become non-conforming upon final plat approval due to lack of a principal residence structure and must be removed within one year of final plat approval unless it is incorporated into a subdivision of Outlot C into buildable lots and made conforming at that time; and WHEREAS, the single family residences existing on proposed Lot 1, Block 1 and proposed Lot 1, Block 2 require no further variances; and Page 3 of 6 WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of the requirements of Resolution No. 3483. 2. Dedication on the plat of drainage and utility easements. 3. Granting of road and utility easements over Outlots B and D. 4. Granting of a driveway easement over Outlot B in favor of proposed Lot 1, Block 1. 5. Payment to the City of legal review and filing fees of $200. 00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Bayview Farms Second Addition, Hennepin County, Minnesota, subject to the following conditions: 1. Outlots A, B and C shall remain in common ownership until Outlot C is further developed. Outlot D shall remain in ownership with proposed Lot 1, Block 2 until Outlot C is further developed. 2. Outlot A is considered an unbuildable remainder parcel and upon development of Outlot C, Outlot A shall be either combined with Outlot B and proposed Lot 1, Block 1 if Outlots B and D are not used for road purposes, or Outlot A shall be legally combined with proposed Lot 1, Block 2, in the event that Outlots B and D are used for roadway purposes. 3. Outlots B and D are platted for future roadway purposes and shall remain as separate unbuildable tax parcels in private ownership until such time that Outlot C is further developed. In the event that Outlot C is further developed without a need for use of Outlots Band Das roadway access, then Outlots Band D must be legally combined with adjacent properties. 4. Outlot C is created for future development only, and no building permits shall be issued for Outlot C until such time that it is replatted into one or more buildable lots. Page 4 of 6 5. In the event that Outlots B and D are used as an access road serving a future development in Outlot C, the residences on proposed Lot 1, Block 1 and proposed Lot 1, Block 2 shall revise their driveway locations onto said Outlot roadway and eliminate direct access to Bayside Road. 6. No additional right-of-way for County Road 84 will be granted although Hennepin County has requested it. 7. Payment of park dedication fees and the dedication of additional public easements within Outlots A, B, C and D will not be required until Outlot C is further developed. 8. The residence on proposed Lot 1, Block 1 shall be provided with a new septic system within the time frame and requirements of the City code. 9. The metal shed located at the northwest comer of Outlot C shall be removed within one year of final plat approval unless a complete formal application for subdivision of Outlot C has been submitted by that date. 10. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before May 14, 1995 together with a certified original copy of this resolution and executed copies of the easement documents noted above. The approval granted by this resolution shall expire if the plat has not been filed 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. Page 5 of 6 Dated this 14th day of November, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of November, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 8 3 A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 4645/4665 BAYSIDE ROAD -FILE NO. 1967 WHEREAS, Robert S. Olson of 4645 Bayside Road, Irvin Geffre of 4665 Bayside Road and K-P Properties Inc. represented by Donald R. Peterson on August 26, 1994, filed a formal subdivision application with the City for approval of a residential plat of property legally described as: Lots 1 and 2, Block 1, Bayview Farms, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on September 19, 1994, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants subsequently revised their proposal which was reviewed by the Planning Commission at their regular meeting of October 17, 1994, at which time Planning Commission on a vote of 7 to O recommended approval of the revised proposal; and WHEREAS, at their regular meeting held on October 24, 1994, the Orono City Council considered the subdivision application of Robert S. Olson, Irvin Geffre and K-P Properties Inc., noting the following findings of fact: 1. The property is located within the RR-lB, Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 19.5 acres, of which approximately 1.1 acres has been delineated as wetland. Page 1 of 6 F'Ornl )005 DiskOror- CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _3_..1.-"..._'--r=S_,-=-~~--- 3. The proposed plat contains two lots ( designated as proposed Lot 1, Block 1 and proposed Lot 1, Block 2), each containing an existing residence structure, proposed Lot 1, Block 1 being 2. 7 5 acres in area, and proposed Lot 1, Block 2 being 1. 94 acres in area. Proposed Lot 1, Block 2 technically requires a lot area variance, but will retain ownership of an additional 0.07 acre outlot anJ may gain up to an additional O. 28 acres as noted below, in order to meet the 2. O acre minimum lot area requirement. 4. The septic system serving the residence on proposed Lot 1, Block 1 is failing and is intended to be replaced. On-site sewage treatment system site evaluation data indicates that primary and alternate drainfield sites for current and future use are available within proposed Lot 1, Block 1. No septic testing is required for the existing residence on proposed Lot 1, Block 2 since it is a pre-existing lot. 5. In addition to proposed Lot 1, Block 1 and proposed Lot 1, Block 2, four outlots are proposed to be created with the following intent for each: (a) Outlot A: 0.28 acre remainder parcel to be combined with proposed Lot 1, Block 2, at such time that Outlots B and D are used for private driveway or road access to Outlot C. (b) Outlot B: 0.32 acre 50' future road corridor providing access for future development of Outlot C. In the event that Outlot C is further developed using road access from adjacent properties not requiring the use of Outlots B and D, Outlots A and B will be legally combined with proposed Lot 1, Block 1. (c) Outlot C: 14.13 acre parcel intended for future development into single family residential lots. Outlot C is intended to not be buildable for even a single residence unless or until it is further subdivided and/or replatted into one or more building sites. (d) Outlot D: 0.07 acre future road corridor segment to complete continuous access in conjunction with Outlot B for future development of Outlot C. In the event that Outlot C is further developed using road accesses from adjacent properties not requiring the use of Outlots Band D, Outlot D will be legally combined with the proposed Lot 1, Block 2. Page 2 of 6 Form 5005 Disk Or- CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 Li fl ,J 6. Outlots Band D provide continuous access to Outlot C from Bayside Road. The platting of Outlot D coincides with an existing access easement over Lot 1, Block 1, Bayview Farms in favor of Lot 2, Block 1, Bayview Farms. The inclusion of Lot 1, Block 1, Bayview Farms in this proposed plat is the subject of an agreement attached to this resolution as Exhibit A, which details the applicants' intent regarding the future use and disposition of Outlots A, B and D. 7. It is the City's intent that if Outlots B and D are developed for future road to serve Outlot C, then the existing residences on proposed Lot 1, Block 1 and proposed Lot 1, Block 2 shall construct driveway accesses onto said new road and eliminate the existing direct driveway accesses to Bayside Road. 8. It is the City's intent that in the event Outlots B and D are used in the future for road purposes that such road shall be constructed to City standards. Further, it is the City's intent that in order to guarantee the future access to Outlot C, applicants shall provide to the City standard road and utility easements over Outlots B and D. It is the City's further intent that if Outlot C is developed without the need for access via Outlots B and D, that such road and utility easements will be vacated upon formal request of the property owners. 9. It is the City's intent that Outlots A, Band C shall remain in common ownership until Outlot C is further developed, and that Outlot D shall remain in common ownership with proposed Lot 1, Block 2 until Outlot C is further developed. 10. It is the City's intent that at the time Outlot C is further developed, the City will at that time require the payment of park dedication fees and the dedication of all necessary and appropriate public easements within Outlots A, B, C and D. 11. It is the City's intent that proposed Lot 1, Block 1 and proposed Lot 1, Block 2 grant the standard perimeter utility and drainage easements based on the assumption that Outlots B and D will in the future become a roadway. 12. Although Hennepin County Department of Public Works has requested additional right-of-way for County Road 84, no additional County road right-of-way will be required of the developer consistent with the standards for a collector road in the Orono Comprehensive Plan. Page 3 of 6 Form 5005 Disk O•r· CITY of ORONO RESOLUTION OF THE CITY COUNCIL ,3 4 n -':) NO. , -o -u 13. A driveway easement over Outlot B shall be granted in favor of proposed Lot 1, Block 1 for the existing driveway in Outlot B. 14. The single family residences existing on proposed Lot 1, Block 1 and proposed Lot 1, Block 2 require no further variances. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Robert S. Olson, Irvin Geffre and K-P Properties Inc. at 4645/4665 Bayside Road per the survey dated August 24, 1994, revised October 13, 1994, by Raymond A. Prasch of Lot Surveys Company Inc., subject to the following conditions: 1. Outlots A, B and C shall remain in common ownership until Outlot C is further developed. Outlot D shall remain in ownership with proposed Lot 1, Block 2 until Outlot C is further developed. 2. Outlot A is considered an unbuildable remainder parcel and upon development of Outlot C, Outlot A shall be either combined with Outlot B and proposed Lot 1, Block 1 if Outlots B and D are not used for road purposes, or Outlot A shall be legally combined with proposed Lot 1, Block 2, in the event that Outlots B and D are used for roadway purposes. 3. Outlots B and D are platted for future roadway purposes and shall remain as separate unbuildable tax parcels until such time that Outlot C is further developed. In the event that Outlot C is further developed without a need for use of Outlots B and D as roadway access, then Outlots B and D must be legally combined with adjacent properties. 4. . Outlot C is created for future development only, and no building permits shall be issued for Outlot C until such time that it is replatted into one or more buildable lots. 5. In the event that Outlots B and D are used as an access road serving a future development in Outlot C, the residences on proposed Lot 1, Block 1 and proposed Lot 1, Block 2 shall revise their driveway locations onto said Outlot roadway and eliminate direct access to Bayside Road. Page 4 of 6 Form 5005 Disk OrG CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 4 0 ;') NO. o G' 6. A driveway easement over Outlot B shall be granted in favor of proposed Lot 1, Block 1 for continued use of the existing driveway in Outlot B. 7. Proposed Lot 1, Block 1 and proposed Lot 1, Block 2 are subject to the standard perimeter drainage and utility easements. 8. No additional right-of-way for County Road 84 will be granted although Hennepin County has requested it. 9. Standard drainage and utility easements shall be granted over Outlots B and D at this time. However, the City will not require payment of park dedication fees or the dedication of additional public easements within Outlots A, B, C and D until Outlot C is further developed. 10. The residence on proposed Lot 1, Block 1 shall be provided with a new septic system within the time frame and requirements of the City code. 11. The metal shed located at the northwest corner of Outlot C shall be removed within one year of final plat approval unless a complete formal application for subdivision of Outlot C has been submitted by that date. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1. Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to l 11 = 200'. Drawing to include: A. Lot lines platted per preliminary survey by Raymond A. Prasch of Lot Surveys Company Inc. dated August 25, revised October 13, 1994. B. Dedication of II drainage and utility easements II within proposed Lot 1, Block 1, such easements being 10' in width along all east and north lot lines, 10' in width along the westerly boundary adjacent to Outlot B, and 5' in width along the southwesterly and southerly lot lines; and within proposed Lot 1, Block 2, such easements being 10' in width along the west and north lot lines, 5' in width along the easterly boundary, 10' in width along the boundary with Outlot D, and 5' in width alqng the southerly lot lines. Page 5 of 6 Form 5005 Disk Oro~ 2. Legal documents required: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 ,Q ;:~ A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed and executed driveway easement over Outlot B m favor of proposed Lot 1, Block 1. D. Signed and executed road and utility agreements over Outlots B and D. 3. Fees to be paid: A. Legal review and filing fees = $200.00 Total due: $200. 00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held October 24, 1994. ~')~ lin, City Clerk il /; UL c1-~ ,t i o/--1 ,-9 Edward J. Calla1i41, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of October, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My cornrr,1sslon expires 8-12-96 1 Notary Public Page 6 of 6 Form 5005 Oisk Oror. . ., AGREEMENT EXHIBIT A ~L.Nc.~L{B3 Robert S. Olson and Margaret W. Olson, fee owners of Lot 2. Block 1, Bayview Farms, and K-P Properties, Inc., contract purchaser of said lot, hereby agree that in the event that portion of Lot 2, Block 1, Bayview Farms shown as Outlot C on the attached Exhibit A is replatted into buildable parcels and a roadway 1s dedicated or reserved within that portion of Lot 2, Block 1. Bayview Farms which is shown as Outlot B on attached Exhibit A, then the above named parties hereby ¾oree to deed to Irvin T. Geffre and Marjorie L. Geffre that portion of Lot 2, Block 1, Bayview Farms shown as Outlot A on attached Exhibit A and a portion of Outlot C as shown on Exhibit A bounded by a line described as follows : Beginning at the Northwesterly corner of Lot 2 , Block 1, Bayview farms which is also the Southwesterly corner of Lot 1, Block 1. Bayview Farms; thence North 89 45' 00" E distance 148.50 feet, thence S 00 45" 00" E · distance 103.00 feet, thence S 89 45' 00" W distance 148.50 feet, thence Northerly along the west line of Lot 2, Block 1, Bayview Farms to the point of beginning and there terminating . Irvin T. Geffre and Marjorie L. Geffre,· fee owners of · Lot 1, Block 1, Bayview Farms , as a consideration for such commitment to deed future Outlot A and part of future Outlot C, hereby agree to join in the application for platting and any future plat of buildable parcels which proposes such dedication or reservation of Outlot B as access to Outlot C as shown on attached Exhibit A . Fee owners of Lot 2, Block 1 Bayview Farms Contract purchaser of Lot 2 , Block 1, Bayview Farms Fee owners of Lot 1. Block 1 vfA/\ . ' '--' rJ.-4 Bay:iew Farms, ----./!~-~~_£__~-~ { _,_ __ ·· ~s s 1 g n s ~farjorie L. qjffre 7-~ / / their heirs and \ .,.. PRELltvllt✓ARY PL1\T OF: BA YVIEvV F AR1v1S 2ND ADDITION CITY OF ORONO, COUf\lTY OF HEf\lNEPlf\l LOT SURVEYS co. LAND SURVEYORS -------·~----:-~,-,,1~.,':i~-~~~di~~~t~jfi~~i~c:-- ~:~~·.:~,;>,~~:._··~:!,i: !-✓---~-r.;'.'.;B•:_. ----7it7 '.)i:'"'8 7i .. ,~~~1~-( -,i:~1_,,r-~~-ic':f".1~ -_,,,--r . c.~ ~..;· · '.'.--.;;,<f'. : ,. " · ·/\ 1! \,' "''l \i / ,,/ / .,.,,.---, >-• , / 1CTr l'" • k' \ \ ~--,. / / -~: ~'. ;,,h,¥2··G--<:> -~ ~'Bf ,:_~ • k"'-~ : / / / --.... 'J '----t,, ,. f.--.. \ ,~" --........._ / ,· ~ • r::},'\<:),____,, 1,r:,/ ,<, if; ,,,,:i; '--. -;-,' -~ ~ , -'/2.~~~ -~ 1 ,.o; ,-2~ Ji!:--, w\\.., -.: __ / 1 ----:: : ---_;)--.~" /8'.(J __ :?,:i\, \" / / ~} ~~~l(~~~1,'?~~#1:~:1/~:J') "'I \~< , ,.,,.,,·~,,,,,,,, ~~~~~r::.,~ -; // / ------0r✓ _.,//~~~--,, .... ~-p;.:-,'~i ... \, / ; 1/, /,/~~~ --.>::: ~-\" ' --.,,. / ---/_ ~~-~ \\ ' . /--__,,-;1/ 0.----,v..-;:~~;2,~ : .. :,;~"' /.-' /'/ 1/ //,~//~;°":.re:::_-:~~-~,'.' 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' . • '·_' \ \ \ ; \ \ \ \ ~ 2CO 0 <{ 0 0:: D,,vc:\o~r: Oon PtltnQn ,: • P l'r"l'"rt!e~ Inc. IHlS ~<'nil Avie. l'l:,n:,uth, t'Jt 55HI Phone: H6-SJl1 (nqfo,.tr: Oc,n Ptter:."n J04!1 ll'orth SMr!:' Or1~,. 'lliytH-l. r.s S~3'll P!-.orie: ◄i6-SJl7 Q.1 !<? :>~,.11.1r,-,1 · ~.,,.,,s: :<;. :1,i-p.irc<1 loJt ~,,ruy~ .'51:! 1Jr!JA,,. Jraol:i)'n r,n, r"i <;• '::; ?hnr:'!: ~5(l·JC13 0-..n~r: ~!:lJrrt 5. -•n•I ~-1•-:v~:-' ·•~,-." ~r.-15 s ... 11 i,ie .Qo,1<1 f.~ol\o, ¥ff Ct'.,cr>11tir.:-: lot 2. RC,:r.k I. J,',q!f\i ;_•~r'<; county nf Jtrr:n,•r>in, !1'1 ~"hJ,.r-t to ,.~~,..,....,HS 71 n·rnrn a.mer; lrYill f. Jll<1 ll.\rJrJr!P I 1.,1f,,. ~fi6S 6~ysidc ;!n.111 Ornno,Y.N Ot,:.cr!ptlon: Lot l,81uck I. UAYVJ[;,p1,/'I<; county ol,Utnncp1n, /111 i,.t,}rrl to ust:"l<:nU of rrconl, To!ol).•u!95 ,11.,,., fo!<1I t.umtl•to/ Loa 2 T,1!QI lh1mtJW of Q.,11 .. 1: -.I Loi /1.ttQI Lo11,91i l 2,7:i .\c, .. : 0..11<1! A O,~a At<n\ 0<1llot l!J O }2 /1.~fH I OvllolC I'< I) Aca,: C,~!,n....,,#., ··•~1;.,,.. I I•·«~•'. (),.HolO 007 Atro: Lo11,91i.2194.\c,.,: Al I dlil1nct'-. .,r~ .\f'prn, ,..,.,1,, ,.,,i -.,.,, ·,,, t (o r.!un<je on lln.\l 1,l,,I 1,lt""Jr~[,l'ly f,,.,. -C.J l'f n/ 11, ,,.,., \i,,t<'r Ju11ply•llcll S,1nltiry s.;,....r • ~<'!'tic TYPICAL LOT __, __ _,_-:1;;:::.:il f:~_~'.2i ,-... ,1i _ I l"f:-~-!I ! ; [H,,./...,lw,., L I I -·,.,,,,., •·: .. ::· __ I"' ·1 "•'• .\" \' _L,_. ; I I ' I ~l•:"r,t: J h~r rt>'( er, I l'fC(IHir•I ht• iurcrvl-;inn.\ r~~!Hcrrrl I 1 !, .. ,of \hr flH,.,,I 1h11 l° , ') t~11~-_, ! -i--, ! --l---_l --J I _____ J ~J,nwJ A. r, ~lnnc1utt ~r,1 1\.-u,4 0<1 : "••·HI '):t ": 11t-o,11J C<1" I / I f / BAYVIEW FARMS 2ND ADDITION R.T.DOC.NO. LOT SURVEYS COMPANY, INC LAND SURVEYORS l 9 .,..,-r,..,c; r-pr·r·,, I I ,..,.,.,~·,:·pc; r-o,:r·,, __ _J' Mll'IIL~ ...... \.,I LLf'._L_ ____ _L_:-M.ll'tlLI -\_.~.LLf', - SCALE N FEIT 100 0 100 200 o DENOTES RON MON.I.ENT UTUTY Al-0 DRANAGE EASEl,£NTS ARE SHOWN Tl-US: "'""" 2 5-lr.s 2 _ j_ __ ' ' __ j__ l3EN:. 5 FEET J.I WDTH A>V ~ LOT UES, LN...ESS Oil£RW?SE NllCA TED, AN) 10 FEET N WDTH A>.[) ~ RGfT CF WAY U£S lH.£SS Oll-ERW?SE SHOWN CH TI£ PU..T. TAXPAYER SERVICES DIVISION, . Hennepin County. Ni nnesota I hereby certify that taxes payable in 19 __ and prior years have been paid for land described on this plat •. Dated t.his ...•.. -day-<>f ·---------· ,199 __ • C• Patrick H. O'Connor. Hennepin County-Auditor By ____________ _,Deputy SURVEY SECTION, Hennepin County. !lfonesota ' ' ' co <O ... 0, "' io .., "' .., 0 0 z co~~~; y ROA;.) : ----N 59•45• 00" E i-----------327.58 ------------- : }'\ 8 i 'O'.( .._ ~ :g,M 0 0 :~LUt ·£-,.. ,N '<J ,--,o : o:\ :v ~-N 89'"'45'00-£ __ -----,48..50---- ,.,_,, <.._} ~~c. B-~ 655.16----· <., ' ·-.\ ' ,a-, ----~, '!o. .. ~, •"'.'._ ~), E Ii p ' ,. ,: ,: ,. ,: ,· ' ' ' ' ' ' ' ' ' ' ,.--: f-• \ : o I \ L ___________ J _________________________________________________ J ------N 89"37' 07" E 657.56 ---- L,J V> Pursuant to KINN. STAT. Sec. 3838.565 (1969). this plat has been appr,m,d this ____ day of _________ _ 199 __ . Gary F. Caswe 11 • Hennepin County Suneyor By __________________ _ REliISTllAR OF TITI.£S, Hennepin tCounty, Minnesota I hereby certify that the wittlin plat of BATYIEII FARKS ZIii) ADllffiOII IMS filed in this office ttlis ____ day of--------· 1!19 __ , at _____ o'cloct_-M. R. Dan Carlson. Registrar of Titles By _______________ ~De;,uty DOW ALL MEN BY THESE PR[SEJITS: That lnin T. Geffn, and llarjorie L. Geffre. his wife. -s and proprietors. and PriDCi!Nl Residential ~ge• Incorporated. - Iowa corporotion. aortgogee. of the following described property situate in the County of Hennepin. State of Minnesota, to-vit: Lot 1, Bloct 1, BATYIEII FARKS, according to the plat·tben!of 011 file.and of·reconl in ·the office of the.Registnr·of-Tftles iii and for soid Hennepin County. Minnesoti. · and sooert s. Olson and llargaret II. Olson, his wife. _,.. and proprietors, and Investors Snings Bant FSB. a United States corporation • ..-tgagee. of the foll<Whog aescribed property situate in the County of Hennepin, State of Kinnesota, to-wit: Lot 2. Block 1, BATYIEII FARKS. according to the plat tnen,of on ffle and of record in the office of the Registrar of Titles in and for Hennepin County. Jltinnesot.a Have caused the ...., to be ~ and platted as 8ATYIEII FARKS 2ND ADOITIOII and do hereby donate and dedicate to the public for public use forever the ~ for utility and drainoge purposes as shown on the plat. In witness whereof said lnin T. Gf,ffn, and llarjorie L. Gf,ffre, his wife. line hereunto set their hands tlris __ _ day c,f _________ • 199 __ • In witness whereof said Principal Residential ~ages Incorporated. an I«-corporation, has caused these presents tu be sign<.'d by its proper officers ttlis _____ d.ay of __________ • 199 __ • In witness .,t,e,-eof said Robert S. Olson and llargaret II. Olson. his wife ....,. ben!'"1to set thier hands tllis _____ day of __________ 199 __ • In witness whereof said Inwestors SaYings Bant FSB. • United States corpc,rrtion. bas t;,used these presents to be signed by its proper officers this ______ d.ay of ___________ 1!19 __ • Signed: Im• T. Geffre llarjode L. Geffre PRINCIPAL RESIOCIITIAL KIRTGAGES INCORPORATED its -------------------------------- ____________________ its __________ _ Robert S. Olson Margaret W. Olson INVESTORS SAYINGS BAIIK FSB _____________________ its __________ _ ______________________ its __________ _ State of Minnesota County of Kennepi n The foregoing instnaent was actnowledged before., this ____ da=.-Y of _________ _ 199 __ • by lni n T. Geffre and liar jorle L. Geffre, his wife . Notary Public. lletmepin County, Kinnesota My Collrission Expires __________ _ State of _____ _ County of _____ _ The foregoing instr,_,..t was acknowledged before., this ____ day of ___________ • 199 __ , by _________ _ its ---------------'•nd by _________________ its ___________ of Principal Residenti&l !!ortg"9"' lncoJ'j)()rated, an Iowa corpor-ation,. on behalf of said corporation. Notary Public, ________ Coun.ty, _____ _ My eo.rission Expires ____________ _ State of Minnesota Count:i-of Hennepin The foregoing instnaent was 1,ck.nowledged before ~ this _____ cLly of __________ _ 199 __ • by Robert S. Olson and Marqa,-et W. Olsorr, his wife. llotary Public, Hennepin County. llinnesota State of ______ _ !ly c-issiOft Expi.-..s ___________ _ County of ______ _ The foregoing instr,..,.,t ,,as actnowled9ed before., this _____ day of-----------• 199 __ • by _________________ its __________ and by _________________ fts __________ of lnesturs Savings Bank: FSB., a United States corporation, on behalf of said corporation. Notary Public, _______ County. ______ _ !ly c-ission Expires ____________ _ I hen,by certify that I ....... sur-,.ed and ·,platted the land described Oft this plat as BATYIEII FARKS 211D ADOffiOII; that ttlis plat is • correct ~tiOII of S&id survey; that all distances are correctly -on "'id plat in feet and hundredths of • foot; that all -s have been c:,,rn,ctly placed in the ground as -"" said plat or will be placed as required by the local govena,ntal unit as designated on said plat. State of Minnesota Rayaond A. Prasch; Land San,eyor Iii nnesota License 11o 6743 County of llemepin The foregoing suneyor's certificate was act-ledged before ae this _____ day of ____________ , 199 __ • by byamd A. Prasct. Li ceased Land Sun,eyor. OROl!O. KIMIIESOTA n.,,,-,,s,, Prascll, llotary Public. ~;. County. Iii-. !ly c-ission Expires ~ 19, 1!196 This 1-lat of BATYIEII FARMS 2ND ADOffiOII .u approved and accepted by the City Councfl of OnJno, lli-.ota at & f"1!9Ular -1:ill!J thereof held tlris _____ dilly ef ___________ • 199 __ • If applicable, the written ~ts and -tions of the c-issioner of Tn.sporution and the County llf~y ED!Ji_. have ._ receiwed by the City er the prescribed 30 day period has elapsed witlnlt receipt of such -,ts and -tions. as prorided by 1H1111. Statutes Secti11a 505.~. Subd. z. cm COOIICIL Of OROIIO. ll!IIIIESOTA By ___________________ _,llayor By ------------------'Clerk To: From: Date: Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator October 19, 1994 Subject: #1967 Robert S. Olson/Irvin Geffre/K-P Properties, Inc., 4645/4665 Bayside Road -Preliminary Plat Approval -Resolution List of Exhibits A -Resolution B -Revised Plat Drawing C -Revised Agreement D -Barrett Memo 10/14/94 (Issues have been resolved) E -Memo and Exhibits of 10/13/94 Geffre Joins Plat Prior to the October 17 Planning Commission meeting, applicants revised their proposal by reintroducing the Irvin Geffre property into the plat. Geffre's residence will be included as Lot 1, Block 2, and the triangular easement will now be platted as Outlot D, thereby providing a complete outlot corridor from Bayside Road to the 14-acre Outlot C as staff had initially suggested. In addition, applicant<; have provided a revised agreement which includes the heirs and assigns of the Geffres should they sell before Olson and K-P Properties initiate a future subdivision of Outlot C . City Attorney Tom Barrett reviewed the revised information on October 18 and indicated that his concerns noted in the October 14 memo are generally alleviated, and recommended that it would be in the City's best interest to require as part of this plat that standard road and utility easements be granted over Outlots B and D, guaranteeing the availability of that corridor for future roadway if needed . Barrett also indicated that should Outlot C develop without using Outlots B and D, these easements could be vacated upon formal application by the property owners. Planning Commission Recommendation . Please review the memo of October 13, which provides additional facts about the revised proposal. Planning Commission at their October 17 meeting recommended approval on a vote of 7 to O per the ten conditions enumerated by staff in the October 13 memo, and added two additional conditions: Zoning File #1967 October 19, 1994 Page 2 11. Applicants have one year to remove the metal shed at the northwest corner of Outlot C if that lot has not become part of a formal plat proposal by that time. 12. City Attorney to review and approve the amended documents. Mr. Barrett's recommendation would revise Condition #9 by requiring that a road and utility easement be granted over Outlots B and D as part of the current plat. This has been incorporated into the revised resolution, Exhibit A. Staff Recommendation Staff recommends approval per the findings and conditions of the attached preliminary plat approval resolution. Proposed Motion Moved by __ , seconded by __ , to adopt Resolution No. __ granting preliminary approval for a plat at 4645/4665 Bayside Road for Robert S. Olson, Irvin Geffre and K-P Properties, Inc. -File No. 1967. Vote: __ ayes, __ nays. lsv UTILITY SDRAINAGE ~•- EASEMENT(PER PLAT),- >- - < ~r- / : LU $ : ~_:: I I U) I ~ Ri ..,.. l E IN FEET ~ DAI ('-f\l •~ '7 'I ,.,\.I\ .. J1 \/ 1 I Df, ii r·1 I\ \.J 1\I../ V 1~ VV r P: CITY OF ORC 8 A _., •r EX#JBt"T A ~L, No . ~L/83 AGREEMENT Robert S. Olson and Margaret W. Olson, fee owners of Lot 2, Block 1, Bayview Farms, and K-P Properties, Inc., contract purchaser of said lot, hereby agree that in the event that portion of Lot 2, Block 1, Bayview Farms shown as Outlot C on the attached Exhibit A is replatted into buildable parcels and a roadway 1s dedicated or reserved within that portion of Lot 2, Block 1, Bayview Farms which is shown as Outlot B on attached Exhibit A, then the above named parties hereby a,,,oree to deed to Irvin T . Geffre and Marjorie L. Geffre that portion of Lot 2, Block 1, Bayview Farms shown as Outlot A on attached Exhibit A and a portion of Outlot C as shown on Exhibit A bounded by a line described as follows : Beginning at the Northwesterly comer of Lot 2, Block 1, Bayview farms which is also the Southwesterly comer of Lot 1, Block 1, Bayview Farms; thence North 89 45' 00" E distance 148.50 feet , thence S 00 45" 00" E distance 103.00 feet , thence S 89 45' 00" W distance 148.50 feet, thence Northerly along the west line of Lot 2, Block 1, Bayview Farms to the point of beginning and there terminating . Irvin T . Geffre and Marjorie L. Geffre,· fee owners of Lot 1, Block 1, Bayview Farms, as a consideration for such commitment to deed future Outlot A and part of future Outlot C , hereby agree to join in the application for platting and any future plat of buildable parcels which proposes such dedication or reservation of Outlot B as access to Outlot C as shown on attached Exhibit A. K-P By: \ .__ t ~~---L Irvin T. Geffre Fee owners of Lot 2, Block 1 Bayview Farms Contract purchaser of Lot 2, Block 1, Bayview Farms Fee owners of Lot 1, Block 1 WA/\ . ' ...... 1 .tJ-4 Bay:View Farms, their heirs M;;jf;~~~-f'"~" ~"' gn, and \ _,a PRELHvm✓ARY PL/1,T OF: BAYVIEW F AR1vIS 2ND ADDITION CITY OF --_____ , ~---~__:-~;~;o1F"·,0:z~f~J13~~~:£~___)~~P-' · r:~~','..~,';,~;::.;~.-~-.-e:~i2«cr· ~(-7~:/~ ·,\~~¥(,-ff~:\~~;=;.-f~v·.·:, -~ --··---,!-✓ L 1,.,-,, k' I ,,__,. / ~' i~~>-\\ r 1 " r:p, ,,-~ . 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' \\ \ \~ /:::.:.;~~<-✓,'.:" • \ \ \ I \ \ I \.~•~~Cfl.".:-,"1,\(' \\\\-;) tzi~·-!.' .\ -~,\L\ .. '.,.\.'l,'_'\'."4 _)_)\ 1\~l'Y(, l~i}~:> -~~ -~.:1\ \\ \\ 1 \~,\~\\(\ 1 rrr1,. I\ n \ \ 1 '/ -' \ \ \ \ \ I \ ' /\ I I '1 ,,. ---=:c., 0 --- 1 '\ ,'---_\. \ \•\:...._\,,_'-\,,\\){\ •\ 1 ' '' \1 , ) -2CO OROl\!O, cout,JTY OF HENi'-lEPN 0 <t 0 0:: LOT SURVEYS. co. LAND SURVEYORS ~veloper: O.in Peter-..on 1. -? l'r~pertie~ l,~c. 12ns ◄<.'11<1 A~e. r1~ut11, t'.ll ss~~I Phone: 06-SJl7 Engineer: Oen Peter:;.,n J0~6 'forth Shore 'klY(' \l~ylH-'l, Y.'i ~~3'Jl rhoric: 4i5-SJ!7 0,lt'? ~~.-p.1rM -~,,~,1~: 7',. °""1,~r: ~r.ll<-rt S. ,1n,t -~-1~,.•,rn: ·.i:. ·' ·, ~.n ~r,,15 B"f-;illr: Rr>•ll1 f.rorrn, ~N ,'hmer; Ir-vii'! r. an,1 l':irfor,,-. 1 ~-~•r~,.. ~665 a.,y~ide ;ln,Hl Ornno,Y.K Oe-;criptfon: lot I. Block I, nA;Yj(',I >JD!-1$ county of ,Hennepin, MM ~.,f,_i,.,--t tc ea~r:=n~s of rrcorrl. foJof A•~o 13 5 Aeres Tolol />,umOetof Lo!s 2 T<l!ol Numb'°' olOu!lot: 4 Lo!Artos Lo: 1,91k I 2.75 Acre1: 0.,Hol A o.::a Aeres: Out!o! 9 0,32 A'.fUI OullotC !11,!J Ae:•s: Dchn'"'l:~<1 '.}{~1;.,,.d 11 t.cnsC O~rlol O 0,07 AC.<H: Loi 1,91'<.Z I 94 ,,crn: All dislancl.'~ ,1re., ~l'l'rru ,,.,,,t,· :-crl •,ui,;,,,_'" to C:Mll,:11.' nn fin11I Jt!,,t fopo9r,1r,il1frn..,,-r:il'1nflhc""" ;;,1tcr supply-Well S.~nitary Sc-.r -$cr,t1c TYPICAL LOT ,1 .. ~ .. <>l<. ✓ _....L_l~::.-.:T.=1~ rr.:1,Ti'G 1 o,..,,,.,,~',] ) ,·· , ____ , ·•1 I rf: __ , __ 1 _; i l -";:;,;:::.;-'."_'::'._ l· 0 •9 ""' i j' --; __J__ --' I -\ , I i -,-:i---- ROAD Si<_!n.-11: I hcrcb)'Cf'rl prcparetlbyr ~ltfl<.'<"Vi ~ inn .1 rc,:ii ~tcrcd l 1 !a .. sol the' 0,He·d th!\ 7'· i') lt.frftv-<..!. :l~ymo~d A. r, Hinncsota/1<><1 fl.,..•Hd OcL ~. ;:,~~•H1 /)~J I(; Hivt1!d Qe.1 !~. --•--------•-c••-• ----•c-,-• -------•:c••- POPHAM HAIK MEMORANDUM TO: FROM: RE: DATE: Michael P. Gaffron Assistant Planning and Zonina Administrator City of Orono Thomas J. Barrett, Esq, Item #1967 Robert S. Olson/K~P Properties, Inc. I~ October JY.1994 3300 Piper Jaffray Tower 22Z South Ninth Street M!nncapoli$, Minnesota 55402 (612) 333-4800 VIA TELECOPX Mike, after the last Council meeting and our discussion, I have reviewed the documents you provided. Looking at the exhibits, particularly Exhibit B dated 10/06/94. I am particularly concerned that the road access to the proposed large lot labelled Outlot B appears to require access over Lot 2, whlch is not owned by the subdividing applicant. If a later attempt to develop Outlot B runs into resistance from the owner of Lot 2 as to the development of the proposed road, and if the other possible alternative route on the other side of Lot 2 does not materialize, then the contingent planned for road, represented by Outlot A, will only be as good as our ability to require Lot 2 to provide the comer of its Lot to the road proposed. To evaluate the degree of control which the City would have in opening a road over Lot 2, I have reviewed the Agreement, which is attached to the Council packet. I can imagine the following potential difficulties with this Agreement in any effort by the City or the developer to open a road over Lot 2. First, it is not apparent under the tenns of this Agreement that the successors and assigns, subse,.guent purchasers, would be bound to f'ollow the terms of the Agreement. Second, becaus~ of the contingencies discussed in the t\_jreernent, it is reasonable to assume that dis utes of fact will or ma arise as to whether or not the cited continsencies have occurred. In the event of such disputes, t e ity wou faced with the prospect of litigation, rather than with the more desirable prospect of simply opening a previously platted road. I realize that platting a road on the property of Lot 1, which reaches proposed Outlet D, has the undesirable impact of coming too close to the house which now is in place on Lot 1. One possible scenario for your consideration would be to plat the road, even though it is undesirable, and then to note in our subdividing and resolution, the existence of the Agreement and the planned Outlot A as the more desirable road access. Mike, this memo sets out my concerns. Please call to discuss. 0112/22060346 10/13/94 I\J \ L_QT SURVEYS COMPANY_, __ JNC LAND SURVEYORS Developer: Don Peterson K -P Properties Inc. 12435 42nd Ave. Plymouth, MN 55441 Phone: 476-5317 Engineer: Don Peterson 3048 North Shore Drive Wayzata, MN 55391 Phone: 476-5317 Date Prepared -August 25. 1994 Prepared by: Lot Surveys Co., Inc. 7601 73rd Ave. N. Brooklyn Park, MN 55428 Phone: 560-3093 Owner: Robert S. and Margaret W. Olson 4645 Bayside Road Orono, MN Description: Lot 2, Block 1, BAYVIEW FARMS county of Hennepin, MN subject to easements of record Owner: Irvin T. and Marjorie L. Geffre 4665 Bayside Road Orono, MN Description: Lot 1, Block 1, BAYVIEW FARMS county of1Hennepin, MN subject to easements of record.-· Total Area 19.5 Acres Total Number of Lots 2 Total Number of Out lots 4 Lot Areas Lot I , Blk. I 2 .75 Acres! Outlot A 0.28 Acres! Outlot B 0. 32 Acres t OutlotC 14.13 Acres! Delineated Wetlona I.I Acres!. Outlot O 0.07 Acres t Lot I, Blk. 2 1.94 Acres! All distances are approximate and subject to change on final plat Topography from -City of Orono Water supply -Well Sanitary Sewer -Septic TYPICAL 'LOT Uo t,c.o\~· Invoice No. 38700 F. B. No. 652 -I~ Scale 1" = ~10_0 __ / (Pr~o<!>ec:I) j• J"' I :ljiiitj To;!,-0 ~-4 f-a.(I ~-«l'"fl ,-"t .J_ ..--.--_ _]_ _ ___, I 10 • I . __,,.l M lt'I I ITI lul'Yl e>utld ,,,, idbcic.k. Lio•, ~----··-·· \ \ I I • i -y- --:a---~___;- _·ROAD I'° ,'o Signed: I hereby certify that this plat 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 Minnesota Dated this 25th day of August, 1994 ~al~ Raymond A. Prasch Minnesota Reg. No. 6743 Revised Oct. 5, 1994 · Revised Oct. 10, 1994 Revised Oct.13, 1994 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #1967 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 19, 1994 ---------------------------------------------------------------------------------------- TO: K-P Properties, Inc. COPIES: Robert S. Olson Donald R. Peterson, President 12435 42nd Avenue North Plymouth, MN 55441 4645 Bayside Road Maple Plain, MN 55359 Irvin Geffre 4665 Bayside Road Maple Plain, MN 55359 TYPE OF APPLICATION: Subdivision ---------------------------------------------------------------------------------------- DATE OF MEETING: 10/17/94 VOTE: 7 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted in 10-13-94 memo, plus the following conditions: 11. Metal shed in northwest corner of Outlot C shall be removed within one year of final plat approval if no application for further subdivision of Outlot C is submitted by that time. 12. City Attorney to review revised agreement. Applicant's next scheduled meeting is confirmed as: City Council, Monday, October 24, 1994; meeting starts at 7:30 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: From: Date: Subject: Note: Chairman Schroeder and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator October 13, 1994 #1967 Robert S. Olson/K-P Properties, Inc., 4645 Bayside Road -Preliminary Plat Approval -Referral from City Council Planning Commission reviewed this item on September 19 and at applicant's request recommended denial to move it along to the Council. Council reviewed the item on October 10 and referred it back to Planning Commission. List of Exhibits A - B - C - D E - Revised Plat Drawings Including Geffre Property Council Action Notice 10/13/94 Planning Commission Minutes 9/19/94 Draft Ge'lfflei~flH~t4.~4-( NO"f- Memos and Exhibits of 10/6/94 and 9/15/94 Application Background At your September meeting, Planning Commission reviewed a proposed subdivision to split off the Olson residence from the remaining 14 acres, leaving the large parcel as an outlot, plus two additional remainder outlots, one for a private road and the other for eventual acquisition by the neighbor. This proposal lacked a continuous road outlot corridor from Bayside Road to the large outlot parcel, since the neighboring Geffre property had not been included in the plat. Further, septic testing had not been submitted for the existing Olson residence with a failing system. Planning Commission offered the applicant tabling until information is complete. The applicant requested a denial recommendation in order to move the application along to the Council. Planning Commission recommended denial, and recommended applicant work with staff to come up with an acceptable proposal and provide all necessary information prior to Council review. After Planning Commission review, staff met with applicants and recommended again that the Geffre property be included in the subdivision. At that point, applicants did not have Geffre's approval to include him in the plat. Applicants submitted to Council a proposal including a triangular easement over Geffre's property to provide the continuous future road outlot connection to the large outlot. At their October 10 meeting, Council and City Attorney raised questions regarding the easement vs. outlot issue and directed that Planning Commission further review this, with input from the City Attorney regarding acceptability of the easement. Zoning File #1967 October 13, 1994 Page 2 Shortly after the Council meeting, applicants notified staff that they would include the Geffre property and submit with an outlot per staff's recommendation (see Exhibit A). Additional Information • An acceptable on-site sewage treatment site evaluation report has been received, indicating primary and alternate sites for immediate and future use on the Olson property. • Since inclusion of the Geffre property is functionally a lot line rearrangement that provides him more property potentially suitable for future septic use without removing any existing septic capability, no septic testing has been required for the Geffre property. • Acreages for each parcel are as follows: Total Area = 17.49 acres Proposed: Lot 1, Block 1 (Olson) Lot 1, Block 2 (Geffre) Outlot A Outlot B (future road) Outlot C (for future development) Outlot D ( future road) 2.75 ac 1.94 ac 0.28 ac 0.32 ac 14.13 ac 0.07 ac • With the current proposal per staff's recommendation, the easement vs. outlot issue is eliminated. However, Geffre's lot is (temporarily) reduced from 2.01 acres to 1. 94 acres. He will retain ownership of the O. 07 acre Outlot D, but will in effect "trade" Outlot D for Outlot A if the B-D corridor is used in developing Outlot C (in which case Geffre ends up with 2.22 acres). • It may be appropriate that the agreement between the 3 parties be modified to apply to "heirs and assigns" in the event that one of the parties sells their property. The City Attorney has been asked to review the agreement. • Because the 14 acres is to be platted as an outlot for future development, construction of a road is not required until development of that parcel. • The current plan still leaves the applicants the option of developing a new roadway through the adjacent White property, although applicants note the potential for acquiring that property appears to be poor at this time. Zoning File #1967 October 13, 1994 Page 3 • Per the County Public Works request and past City practice, if Outlot B is eventually used for road purposes, then both the Olson and Geffre residences will be required to remove their Bayside Road accesses and construct new accesses to the outlot road. This raises the question as to how or whether the Olson residence will be able to access from an interior road if Outlot B is never used and the 14 acre parcel is developed using access from the White property. Since Olson's existing driveway is at what the County considers a safe location, perhaps this continued access would be acceptable. • K-P Properties' Don Peterson has advised it is their intent to initiate subdivision of the 14 acres (using Outlots B and D for access) as soon as septic testing is complete ... Staff Recommendation Staff recommends approval of the applicant's current proposal subject to the following conditions: 1. Outlots A, B, and C shall remain in common ownership until Outlot C is further developed. Outlot D shall remain in ownership with Lot 1, Block 2 until Outlot C is further developed. 2. Outlot A is considered as an unbuildable remainder parcel and upon development of Outlot C, Outlot A shall be either combined with Outlot B and Lot 1, Block 1 if Outlots Band Dare not used for road purposes, or Outlot A shall be legally combined with Lot 1, Block 2, in the event that Outlots B and D are used for roadway purposes. 3. Outlots B and D are platted for future roadway purposes and shall remain as separate unbuildable tax parcels until such time that Outlot D is further developed. In the event that Outlot C is further developed without a need for use of Outlots B and D as roadway access, then Outlots B and D must be legally combined with adjacent properties. 4. Outlot C is created for future development only, and no building permits shall be issued for Outlot C until such time that it is replatted into one or more buildable lots. 5. In the event that Outlots B and D are used as an access road serving a future development in Outlot C, the residences on Lot 1, Block 1 and Lot 1, Block 2 shall revise their driveway locations onto said outlot roadway and eliminate direct access to Bayside Road. Zoning File #1967 October 13, 1994 Page 4 6. A driveway easement over Outlot B shall be granted in favor of Lot 1 for continued use of the existing driveway in Outlot B. 7. The plat is subject to the standard perimeter drainage and utility easements. 8. No additional right-of-way for County Road 84 will be granted although Hennepin County has requested it. 9. At the time Outlot C is further developed, the City will at that time require payment of park dedication fees and the dedication of all necessary and appropriate public easements within Outlots A, B, C and D. 10. The Olson property shall be provided with a new septic system within the time frame and requirements of the City code. Options for Action 1. Recommend approval as noted above. 2. Table for more information. 3. Recommend denial, stating reasons. 4. Other. lsv CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. #1967 NOTICE OF COUNCIL ACTION Date of Notice: October 14, 1994 ----------------------------------------------------------------------------------- TO: K-P Properties, Inc. Donald R. Peterson, President 12435 42nd Avenue North Plymouth, MN 55441 COPIES: Robert S. Olson 4645 Bayside Road Maple Plain, MN 55359 Irvin Geffre 4665 Bayside Road Maple Plain, MN 55359 ---------------------------------------------------- TYPE OF APPLICATION: Preliminary Subdivision ---------------------------------------------------------------- DATE OF MEETING: October 10, 1994 VOTE: 5 FOR 0 AGAINST ---------------------------------------------------------------- COUNCIL ACTION -MOTION: Referred back to Planning Commission for further review. This item is scheduled before the Planning Commission on Monday, October 17, 1994. The meeting starts at 7:00 p.m .. lsv .. -- ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 19, 1994 ROLL\ -----• c· • • ---. The Orono Pl~g omnuss10n met on the above date with the following)'llembers E~es~n!:_ ~ce-~r S_tephen_ Pet_er~o~ Sarni~_ S~th, Charl~ Nolan, Jr_ and Jani~ Berg. Chair Charles Schr~eder, Dale Lindquist, and Candace Rowlette w absent. Assistant Planning and Zoning Administrator Michael Gaffron and Record herry Frost represented Staff. May~Edward Callahan and Councilmem_yef J. Diann Goetten were present. Vice-Chair Peter~~ called the meeting to orde77 :00 p.m. (#iJ #1800-:MICHAEL PT~ru, 4115/4125Wl,}riRTOWN ROAD- SUBDIVISION OF A LOT~GEMENT-RENEWAL OF 2/16/93 APPROVAL \.\ // \ / The Affidavit of Publication and Certifi~ of Mailing were noted. / '\. ./' '· It was moved by Peterson, second.,.oo'by Smi~o table Item #1800 to the October 17, 1994 Planning Commission Mee-ring. Ayes 4, ~s 0. /' \ {#2) #1914 -THOMAS~ & PHYLLIS COLW~T JITM & BETH TRAFF, 2640 NORTH SHORE D~/1130 OLD CRYSTAL~f ROAD -SUBDIVISION OF A LOT LINE /NGEMENT -REVISION \.\ The Affidavi;?f Publication and Certificate of Mailing were~~- sub tial change from the previously approved layout. -~ ze app · ~ts were not present. It was noted that the revision w~"'~nor and not a I was moved by Peterson, seconded by Berg, to recommend approval o;~tem #1914. Ayes4:--Nays----~,----------~--------.................................................... ------ (#3) #1967 -DONALD R PETERSON, K-P PROPERTIES, INCJJRVIN GEFFRE, 4645/4665 BAYSIDE ROAD -PRELTh1INARY SUBDIVISION AND LOT LINE REARRANGEMENT The Affidavit of Publication and Certificate of Mailing were noted. Mr. Peterson was present. 1 MINUTES OF THE ORONO PLANNlNG CO:M:MJSSION MEETING HELD ON SEPTE"MBER 19 1994 , (#3) Item #1967-D. Peterson/Geffre -Continued Gaffron stated property is located South of Bayside Road, East of County Road 19. The initial request was involving six lots to include the Geffre and Olson properties. Applicant's have been working with staff on this project. The City's two primary goals have been to create suitable access locations and drain:fields that would meet the 6% slope limit for mound systems. At this point, applicant wishes to separate the Geffre residence from the application, split off the Olson house from their 17.5 acre parcel, so it can be sold and designate the remainder of the Olson property as Outlot A to be platted later. If this is done, the City would need to a)restrict Outlot A to be created for future development only, b)require Park Dedication Fees due when Outlot A is platted, and c)require future platting of Olson property to conform to the lot width, area, and setback standards of the RR-IB Zoning District. The developer is anticipating submittal of a four or five lot plat later this year. The applicant submitted a revision stating the simple lot division would not allow a curved line. The surveyor created a new outlot for a future driveway. D. Peterson said notices had been sent out for the future five-lot division. This drawing is to show the City what the current plans are for splitting off the house. The revision changed the 30' setback from the deck to 50'. Copies of this revision were handed out to Commission members. D. Peterson stated the reason for the application at this time was to facilitate the sale of the Olson residence. A review of the septic evaluation had been done, and D. Peterson said the conceptual five-lot plan needed to be revised to four lots. A lot division or plat for the four-lot revision would require time that the OJson's do not have if they wish to close on their property. D. Peterson also remarked that a legal matter is in question whether the outlot is needed. At this time, D. Peterson is asking for approval for one existing lot and an outlot which would be unbuildable without a plat. Smith asked if this would be setting a precedent, and Gaffron stated that the City would nonnally approve only an outlot that has an access. D. Peterson said this would cause Geffre to be less than two acres and therefore, non-confonning, without Outlot A dee<led first to Geffre. Gaffron said this only makes sense in the big sub-division picture. To gain the easement that the Geffre lot would provide, Nolan asked D. Peterson why the trade of properties under consideration is not being done at this time. Peterson said this would be done before the next meeting but, meanwhile, the Olson sale would fall through, and asked only for approval or denial from the Planning Commission in order to move this matter forward to the City Council. Nolan asked about the desirability of having the access to the outlot i~i:ead of County Road 84. Gaffron said the County will require access to both houses to be on the new road. Gaffron stated a conceptual agreement would need conditions attached to it. 2 :MINUTES OF THE ORONO PLANNING CO:Ml\1ISSION MEETING HELD ON SEPTEMBER. 19, 1994 (#3) Item #1967 -D. Peterson/Geffre -Continued Peterson moved, Smith seconded, to deny the application #1967. Ayes 3-Peterson, Smith, Berg; Nays I-Nolan. · #4) #1895 -PATW~~' 2871 CASCO POINT ROAD -AFfE ✓THE-FACT VARIANCES -PUBl:JC HEARING / ' I The Affidavit of Publicati~h,~d Certificate of Mailing were not¢1. The applicant was not present. Smith noted applicattt,, assumed the item was being taji,1ed at his prior request. ;;;" \ ! It was moved by Peterson, seconded by Berg, to table Item#1895 for review at the October 17 meeting. Ayes 4, Nay;\r ..., " \t. (#5) ITEM #1948 -FRANK KOKE"$JJJJOAN M ... HARMON, 4100 WATERTOWN ROAD -CONDITIONAL USE PERMlTStv AR!ANCE -CONTINUATION OF PUBUC HEARING \ \ \ \ The Affidavit of Publication and Certificate df1-1ailing were noted. Gaffron noted the applicants attorney had requested tabling. / \ l \ ,, \ It was moved by Peterson, seconded by 1erg, to \~le Item #1948 to the October 17, 1994 meeting of the Planning Comrnisfm. Ayes\ Nays 0. ' (#6) ITEM #1953 -WILLIAM AJ~LEN, 3475 ~GSTON A VENUE - VARIANCES -CONTINUATION OF PUBLIC HtARING {" '\ .l ~\ The Affidavit of Publication an~tCertficate of Mailing wet,e noted. t %,_ / \ Mr. Allen was present. \ I \ Item #1953 was tabled frp~ last meeting pending receipt of ad1supdated survey which has been received. This prqposal is for an addition to the house an1\a deck. The separation between this addition ¢id the garage would be only 3+ ft where ·io ft is required. Applicant is asking f9{ a side setback variance from the ten ft reqdirement, and a setback variance between ¢f buildings. No hardcover variance is required \ince the property meets the 35% lrrµ{t, and no structural lot coverage variance is requ¥ since the property meets the 1500 sq ft allowed per code 10.03 subdivision C. \ \ P ~ f _c, ()--1'0 I ry -41- REQUEsT FOR COUNCIL ACTION ~ ..J-o {'0't,hV~ DATE: October 6, 1994 ITEM NO.: !/ Department Approval: Administrator Reviewed: Agenda Section: Name Michael P . Gaffron Zoning Title Asst. Planning & Zoning Administrator -----------------------,----------------~·/ Item Description: #1967 Robert S. Olson/K-P Properties Inc ., 4645 Bayside Road-Preliminary Plat Approval -Resolution · ( Zoning District: RR.,lB, Sin~le Family Rural Residential , 2 acre. Application: Request to split off a 2 . 7 5 acre lot with existing residence from 17 . 5 acre parcel. List of Exhibits A -Preliminary Plat Drawings Received 10/6/94 B -Staff Sketch C -Development Agreement with Neighboring Property Owner D -Resolution E -Planning Commission Action NQtice 9/26/94 F -Planning Commission Minutes 9/19/94 G -Hennepin Public Works Letter WJ 6/94 H -Memo and Exhibits of 9/15/94 ' Pertinent Facts 1. Total area = 17.49 ac. Proposed: Lot 1 Outlot A Outlot B Outlot C 2 .75 ac . 0.28 ac. 0.32 ac. (future road) 14 .13 ac. (for future development) 2 . Proposed Lot 1 with existing residence meets all area/width/setback requirements. 3. The existing residence has a failing septic system which is intended to be replaced. Applicant s have submitted preliminary· site evaluation data indicating that primary and alternate mouncl sites are available for the immediate replacement and future use . Request for Council Action continued page 2 of 5 October 6, 1994 Zoning File #1967 Application Background • Applicants had initially included the adjacent Irvin Geffre property at 4665 Bayside in a proposed plat to create five new building sites. • Applicants worked with staff regarding road layout and septic requirements for that proposal and concluded that only four new lots would be possible. • Concurrently, K-P Properties has been attempting to acquire the Fred and David White acreage to the immediate west, but have been unsuccessful to-date, although such a transaction is still being pursued. • Rather than proceed with the four lot subdivision, just prior to the Planning Commission meeting applicants revised the proposal to merely splitting off the Olson residence and leaving the remaining Olson acreage for development later this year or early next year. • Applicants consulted with staff to accomplish such a subdivision that would not leave the remaining acreage landlocked, and which would result in the existing residence requiring no variances regardless of whether a future subdivision occurs. Planning Commission Denial Recommendation Planning Commission reviewed the conceptual information provided by the applicant and staff's concerns (see memo of 9/15/94). Given the lack of septic testing and only having conceptual sketches rather than the formal survey work to review, Planning Commission offered applicant tabling or denial. Applicant requested a denial in order to move this along to the Council since Mr. Olson and the buyer of his house wish to close on the property as soon as possible. Planning Commission suggested that applicant work with staff to prepare a subdivision plan for presentation to Council. Outlots Intended for Future Development Staff advised applicants that splitting off the residence lot must not leave the remaining acreage landlocked. Potential access to the remaining 14 acres is through Lot 1 or from Bayside through White's property, which applicants don't control. Request for Council Action continued page 3 of 5 October 6, 1994 Zoning File #1967 Staff's recommended solution was to create a private road outlot (Outlot B) in the potential road location through Lot 1. This also left a small parcel (Outlot A) adjacent to the Geffre property, which would be combined with Geffre's residence parcel if Outlot B was indeed used as a road right-of-way in the future. Olson's remaining 14 acres is designated as Outlot C with the understanding that it may not be developed for even one single family residence without future City approval. This delays the payment of park fees for the 14 acres until it is further developed. Staff further recommended that the Geffre property be included in the plat (see Exhibit B) and a triangular outlot matching a pre-existing access easement be platted to provide a complete outlot connection from Bayside Road to Outlot C. Applicants proposed plat diverges from this recommendation by omitting Geffre from the subdivision, and proposes the City's acceptance of a development agreement between Olson, K-P Properties, and Geffre (see Exhibit C). Geffre Property -Easement vs. Outlot The agreement (Exhibit C) indicates that if Outlot C is replatted to buildable lots and Outlot B is used for a road, then Geffre will receive Outlot A in exchange for becoming a part of that future plat and creating a triangular outlot to complete the road connection through the southeast corner of Geffre' s property. Conversely, if the White property is acquired and a future road access to Bayside is developed not using Outlot B, then Geffres involvement would be unnecessary and both Outlot A and B would revert back to the Olson property and be combined as part of Lot 1. Perhaps the only negative impact if this occurred would be that the Olson residence would likely expect to continue accessing directly to Bayside Road rather than being served by a future interior roadway. That would be an issue for discussion and a potential variance if the full multiple-lot plat was before you now (see 9/15/94 memo Exhibit F). One additional quirk: The agreement discusses replatting Outlot C into "buildable parcel§." and could be construed as not anticipating Outlot C being replatted as a single buildable lot. In the case of replatting Outlot C into a single buildable lot or requesting City approval for same, staff might argue that the addition of Outlot A and subtraction of a triangular road outlot from Geffre's property yield in effect a three lot plat which should be served by a private road onto which the Olson residence, the Geffre residence, and the new lot must access. Alternatively, it could be considered as merely a lot line rearrangement between Geffre and Olson, and the creation of a private driveway outlot to serve the large parcel to the rear. This interpretation would be left to Council. Request for Council Action continued page 4 of 5 October 6, 1994 Zoning File #1967 Hennepin Public Works Department Comments Hennepin DOT has indicated approval of Outlot B as an access location. They also request additional right-of-way to total 40' from the centerline of Bayside Road. It would be inconsistent with past City practice to require this on Bayside Road which is defined in the Comprehensive Plan as a "collecter" street requiring only 30-33' either side of centerline. Staff recommends no additional right-of-way be required at this time. Summary of Issues 1. Will Council accept the agreement in lieu of including Geffre's property in the plat to create a continuous access outlot corridor to Outlot C? 2. Will Council accept the concept of making the remaining 14 acres an outlot with no development (not even one house) allowed until it is replatted or granted individual buildability in the future? Council may wish to confirm applicant's intent for proceeding with replatting Outlot C in the next year with or without the White property. Options for Action 1. Approve per the findings and conditions of the preliminary plat approval resolution attached. 2. Refer back to Planning Commission for further review. 3. Direct staff to draft a resolution of denial, stating reasons. 4. Table, requesting further information (specify). 5. Other. Staff Recommendation In recognition of Planning Commission's intent in recommending denial, staff has prepared a resolution for preliminary plat approval incorporating applicant's proposed preliminary plat and agreement as presented. While staff would prefer the inclusion of the Geffre property to create a complete outlot corridor to Outlot C, the agreement appears to eliminate foreseeable access issues as long as its term "replatted into buildable parcels" can be construed as including the mere revision of Outlot C to single buildable lot status. If not, then language of the agreement should be revised to do so, or the Geffre property should be included in the plat and the triangular outlot created. Request for Council Action continued page 5 of 5 October 6, 1994 Zoning File #1967 COUNCIL ACTION REQUESTED: Take action to approve, conditionally approve, deny or table, or refer application to Planning Commission for further review. ch CIIY OF 0 -100 0 +;;; 100 200 ) ADDITION 1ENNEPIN 0 <( 0 0:: LOT SURVEYS COMPANY, INC LAND SURVEYORS Developer: Don Peterson K -P Properties Inc. 12435 42nd Ave. Plymouth, MN 55441 Phone: 476-5317 Engineer: Don Peterson 3048 North Shore Drive Wayzata, MN S5391 Phone: 476-5317 Date Prepared -August 25, 1994 Prepared by: Lot Surveys Co., Inc. 7601 73rd Ave. N. Brooklyn Park, 11N 55428 Phone: 560-3093 Owner: Robert S. and Margaret W. Olson 4645 Bayside Road Orono, MN Description: Lot 2, Block 1, BAYVIEW FARMS county of Hennepin, MN subject to easements of record Tola! Areo 17.49 Acres Totol Number of Lots I Total Number of Oullols 3 Lot Artas Loi I 2.75 Acres! Oullol A 0.28 Acres! Outlot B 0. 32 Acre st Oullot C 14.13 Acres! Delineol•d Wetland I.I Acres! All distances are approximate and subject to change on final plat Topography from -City of Orono Water suppl~ -Well .... ,Sanitary Sewer -Septic Invoice No. 38176A F.B. No. Scale 1" -:=:--IOO--c,-- iJo t,<.all.' I .TYPICAL 'LOT to j ...,.li--11111 ... , .. ,,, r>utld ,.,, ~dt,,;.,1r, 1..tn" ~i •. ••• I I , ' ! 10 Signed: I hereby certify that this plat 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 Minnesota Dated this 25th day of August, 1994 ~aid#= Raymond A. Prasch . ! '\ ,. ,, SCALE 'IN I FEET 0 50' · 100· i . AGREEMENT Robert S. Olson and ivlargaret W. Olson, fee owners of Lot 2, Block 1, Bayview Fmms, and K-P l'ropcrlies, Inc., contract purchaser of said lot, hereby agree that in the even! that portion of Lot 2, Block 1, Bayview Fanus shown ns Outlot C on the attached Exhibit A is rcplatted into builclable parcels and a roadway 1s dedicated or reserved withiu that portion of Lot 2, Block 1, Bayview Farms which is shown as Oullot B on attached Exhibit A, then the ahove named parties hereby 11grct' to deed to Irvin T. Geffre and Mmjoric L. Geffre that portion of Loi 2, Block I, Bayview Farms sl10wn as Outlot A on attached Exhibit A and a portion or Oullot C ns shown on Exhibit A bounded by a line described as follows: Beginning at lhc Northwesterly corner of Lot 2, Block 1, Bayview farms which is nlso lhc S0111hwesterly cornet of Lot 1, 131ock 1, Bayview Farms; thence North 89 45' 00" E distance 148.50 feet, thence S 00 45" 00" E distance 103.00 feet, thence S 89 45' 00" W distance 148.50 feel, thence Northerly along the west line of Lot 2, Block 1, Bayview Farms to the point of beginning and there terminating. Irvin T. Geffre and tvl.irjoric L. Geffre as a consideration for such conunittneut to deed future Outlol A and part of future Outlol C, hereby agree to join in such application for future plalling and · any future plat of buildahle parcels which proposes such dedication or reservation of Outlot U as access lo Ootlol C as shown on allaclicd Exhibit J\. Signed d ors;£PC 1994. K-P By: president ~~ ___ ( __ ~ --- Irvin T. Geffre ~O __ l\farjoric Fee owners of Lot 2, Block I Bayview farms Contract purchaser of Lot 2, 13lock 1, Bayview Farms Fee owners of Lot l, I3lock l Bayview f<arms ./ / ' ' I :--111 -r I I \ ,::., / ,. ·~ ,,\_ ' ': '.. '' ' ' '! II ,,, -~- '-, ·,.-.,. Ull\ll'f All\) llltA111,\C[ [A.5011 Ill ' ' ' ' -l ' ~: m: 1.\: 11) ~\ :1' l''. '" --: A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 4645 BAYSIDE ROAD -FILE NO. 1967 WHEREAS, Robert S. Olson of 4645 Bayside Road and K-P Properties Inc. represented by Donald R. Peterson on August 26, 1994, filed a formal subdivision application with the City of Orono for approval of a residential plat of property legally described as follows: Lot 2, Block 1, Bayview Farms, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Platting Codes, the Orono Planning Commission held a public hearing on September 19, 1994, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on October 10, 1994, the Orono City Council considered the subdivision application of K-P Properties Inc. and Robert S. Olson, noting the following findings of fact: 1. The property is located within the RR-lB, Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 17.49 acres, of which approximately 1.1 acres has been delineated as wetland. 3. The proposed plat contains one lot (designated as Lot 1) containing an existing residence structure, such lot being 2.75 acres in area, exceeding the 2.0 acre minimum lot area requirement. 4. The septic system serving the residence on Lot 1 is failing and is intended to be replaced. Preliminary on-site sewage treatment systems site evaluation data Page 1 of 7 indicates that primary and alternate drainfield sites for current and future use are available within the property, subject to a final site evaluation report being submitted by the site evaluator. 5. In addition to Lot 1, three Outlots are proposed to be created with the following intent for each: (1) Outlot A: 0.28 acre remainder parcel to be combined with Lot 1, Block 1, Bayview Farms at such time that Outlot B is used for private driveway or road access to Outlot C. (2) Outlot B: 0.32 acre 50' future road corridor providing access for future development of Outlot C. In the event that Outlot C is further developed using road accesses from adjacent properties not requiring the use of Outlot B, Outlots A and B will be legally combined with proposed Lot 1. (3) Outlot C: 14.13 acre parcel intended for future development into single family residential lots. Outlot C is intended to not be buildable for even a single residence unless or until it is further subdivided and/ or replatted into one or more building sites. 6. Outlot B does not provide continuous access to Outlot C from Bayside Road because Outlots B and C do no abut one another. Outlot B only provides access to Outlot C in conjunction with an existing access easement over Lot 1, Block 1, Bayview Farms in favor of Lot 2, Block 1, Bayview Farms. Said easement is the subject of an agreement attached to this resolution as Exhibit A, which provides that should Outlot B be used for future access for development of Outlot C, the owner of Lot 1, Block 1, Bayview Farms shall plat said easement as an Outlot for road purposes. 7. It is the City's intent that if Outlot B and the easement/future outlot in Lot 1, Block 1, Bayview Farms are developed for a future road to serve Outlot C, then the existing residences on Lots 1 and 2, Block 1, Bayview Farms shall construct driveway accesses onto said new road and eliminate the existing direct driveway accesses to Bayside Road. Page 2 of 7 8. It is the City's intent that in the event Outlot B is used in the future for road purposes, that such road shall be constructed to City standards, and that prior to construction of said road the City will be granted a road and utilities easement over Outlot B. 9. It is the City's intent that Outlots A, Band C remain in common ownership until such time that the future development of Outlot C occurs. 10. It is the City's intent that at the time Outlot C is further developed, the City will at that time require the payment of park dedication fees and the dedication of all necessary and appropriate public easements within Outlots A, B and C. 11. It is the City's intent that proposed Lot 1 grant the standard perimeter utility and drainage easements based on the assumption that Outlot B will in the future become a roadway. 12. Although Hennepin County Department of Public Works has requested additional right-of-way for County Road 84, no additional County road right-of-way will be required of the developer consistent with the standards for a collector road in the Orono Comprehensive Plan. 13. A driveway easement over Outlot B shall be granted in favor of Lot 1 for the existing driveway in Outlot B. 14. The single family residence existing on proposed Lot 1 requires no further variances. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Robert S. Olson and K-P Properties Inc. at 4645 Bayside Road per the survey dated August 25, 1994, revised October 5, 1994, by Raymond A. Prasch of Lot Surveys Company Inc., subject to the following conditions: 1. Outlots A, B and C shall be subject to the following restrictions: Page 3 of 7 A. Outlot B is platted for future roadway purposes and shall remain as a separate tax parcel until such time Outlot C is further developed. In the event that Outlot C is further developed without the need for use of Outlot B as roadway access, then Outlot B may be legally combined with an adjacent property. B. Outlots A, B and C shall remain in common ownership until Outlot C is further developed. C. Outlot A is considered as an unbuildable remainder parcel and upon development of Outlot C, Outlot A shall be either combined with Outlot B and Lot 1 if Outlot B is not used for road purposes, or Outlot A shall be legally combined with Lot 1, Block 1, Bayview Farms in the event that Outlot B is used for roadway purposes. D. Outlot C is created for future development only, and no building permits shall be issued for Outlot C until such time that it is replatted into one or more buildable lots. 2. The agreement between Mr. and Mrs. Olson, Mr. and Mrs. Geffre, and K-P Properties Inc. attached to this resolution as Exhibit A shall not be revised or terminated without approval of the City Council. 3. In the event that Outlot B is used as an access road serving a future development in Outlot C, the residence on Lot 1 shall revise its driveway location onto said outlot roadway and eliminate direct access to Bayside Road. 4. A driveway easement over Outlot B shall be granted in favor of Lot 1. Page 4 of 7 The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1. Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" 200'. Drawing to include: A. Lot lines platted per preliminary survey by Raymond A. Prasch of Lot Surveys Company Inc. dated August 25, 1994 revised October 5, 1994. B. Dedication of "drainage and utility easements" within Lot 1, such easements being 10' in width along the east and north lot lines, 10' in width along the westerly boundary adjacent to Outlot B, and 5' in width along the southwesterly and southerly lot lines. 2. Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed and executed driveway easement over Outlot B in favor of Lot 1. 3. Final site evaluation report, subject to approval by City. 4. Fees to be paid: A. Legal review and filing fees of $200.00. Total due: $200.00 Page 5 of 7 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held October 10, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of October 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of 7 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: K-P Properties, Inc. Donald R. Peterson, President 12435 42nd Avenue North Plymouth, MN 55441 ZONING FILE #1967 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 26, 1994 -------------------------------- COPIES: Robert S. Olson 4645 Bayside Road Maple Plain, MN 55359 ------------------------------------------------------------------------------------------------------------- TYPE OF APPLICATION: Subdivision -------------------- DATE OF MEETING: 09/19/94 VOTE: 3 FOR 1 AGAINST Planning Commission recommends the following: Denial for reasons noted below. NOTES AND SPECIAL CONDITIONS: Planning Commission acknowledged the request to revise the original 7-lot (5-new) proposal to merely splitting off the Olson residence from the 17-acre parcel. Applicant provided a revised sketch indicating relocated future road outlot and lotlines to eliminate the lot width and setback variances. The proposal lacks a continuous road outlot to the rear parcel, but rather relies on an access easement through the Geffre property. Applicant noted the timing was critical in order to complete the sale of Olson's residence. Planning Commission offered tabling or denial, a denial acting to move this on to the Council's October 10 meeting, by which time applicant may be able to resolve the issue of Geffre's involvement in the plat and address any other staff concerns. Applicant's next scheduled meeting is confirmed as: City Council, Monday, October 10, 1994; meeting starts at 7:30 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 ,. I ·' . . . . . . ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 19, 1994 ROLL the Orono Piannin -om.mission met on the above date with the following members present: Vice-Chair hen Peterson, Sandra Smith, Charles Nolan, Jr. d Janice Berg. Chair charies Schroede , aie Lmdqwst, and Candace Rowiette were a sent. AsSIStant Planning and Zoning Ad · strator Michael Ga.ffron and Recorder S eny Frost represented Staff Mayor ward Callahan and Councilmember J. Diann Goetten were present. Vice-Chair Peterson called the meeting to order at 7,00 p.m. (#1) #1800 -MICHAEL PLAN{(, 4115i4125 WATERTOWN ROAD - SUBDIVISION OF A LOT RE~GEMENT -RENEW AL OF 2/16/93 APPROVAL The Affidavit of Publication and Certifica te of Mailing were noted. It was moved by Peterson, seconded by Smi th , to table Item #1800 to the October 17, 1994 Planning Commission Meetin . Ayes 4, ~ays 0. (#2) #1914 -THOMAS G. HYLLIS COLW LL/TIM & BETH TRAFF, 2640 NORTH SHORED ,{1130 OLD CRYSTAL Y ROAD -SUBDIVISION OF A LOT LINE REA NGEMENT -REVISION lication and Certificate of Mailing were The applic were not present. It was noted that the revision w a minor and not a substanti-change from the previously approved layout. It was moved by Peterson,' seconded by Berg, to recommend approval ofltem #1914. 115=~Ay_;~ 4,..-N~c0 1 .-.L .-r--=------------------------- (#3) #1967 -DONALD R. PETERSON, K-.P PROPERTIES, INC./IRVIN GEFFRE, 4645/4665 BAYSIDE ROAD -PRELIMINARY SUBDIVISION AND LOT LINE REARRANGEMENT The Affidavit of Publication and Certificate of Mailing were noted. Mr. Peterson was present. I MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 19, 1994 (#3) Item #1967-D. Peterson/Geffre -Continued Gafilon stated property is located South of Bayside Road, East of County Road 19. The initial request was involving six lots to include the Geffre and Olson properties. Applicant's have been working with staff on this project. The City's two primary goals have been to create suitable access locations and drainfields that would meet the 6% slope limit for mound systems. At this point, applicant wishes to separate the Geffre residence from the application, split off the Olson house from their 17.5 acre parcel, so it can be sold and designate the remainder of the Olson property as Outlot A to be platted later. If this is done, the City would need to a)restrict Outlot A to be created for future development only, b)require Park Dedication Fees due when Outlot A is platted, and c)require future platting of Olson property to conform to the lot width, area, and setback standards of the RR-lB Zoning District. The developer is anticipating submittal of a four or five lot plat later this year. The applicant submitted a revision stating the simple lot division would not allow a curved line. The surveyor created a new outlot for a future driveway. D. Peterson said notices had been sent out for the future five-lot division. This drawing is to show the City what the current plans are for splitting off the house. The revision changed the 30' setback from the deck to 50'. Copies of this revision were handed out to Commission members. D. Peterson stated the reason for the application at this time was to facilitate the sale of the Olson residence. A review of the septic evaluation had been done, and D. Peterson said the conceptual five-lot plan needed to be revised to four lots. A lot division or plat for the four-lot revision would require time that the Olson's do not have if they wish to close on their property. D. Peterson also remarked that a legal matter is in question whether the outlot is needed. At this time, D. Peterson is asking for approval for one existing lot and an outlot which would be unbuildable without a plat. Smith asked if this would be setting a precedent, and Gaffron stated that the City would nonnally approve only an outlot that has an access. D. Peterson said this would cause Geffre to be less than two acres and therefore, non-conforming, without Outlot A deeded first to Geffre. Gafilon said this only makes sense in the big sub-division picture. To gain the easement that the Geffre lot would provide, Nolan asked D. Peterson why the trade of properties under consideration is not being done at this time. Peterson said this would be done before the next meeting but, meanwhile, the Olson sale would fall through, and asked only for approval or denial from the Planning Commission in order to move this matter forward to the City Council. Nolan asked about the desirability of having the access to the outlot instead of County Road 84. Gaffron said the County will require access to both houses to be on the new road. Gaffron stated a conceptual agreement would need conditions attached to it. 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 19, 1994 (#3) Item #1967 -D. Peterson/Geffre -Continued Peterson moved, Smith seconded, to deny the application #1967. Ayes 3-Peterson, Smith, Berg; Nays 1-Nolan. #4) #1895 -PAT WOLFE, 2871 CASCO POINT ROAD -AFTER-THE-FACT VARIANCES -PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. The applicant was not present. Smith noted applicant assumed the item was being tabled at his prior request. It was moved by Peterson, seconded by Berg, to table Item #1895 for review at the October 17 meeting. Ayes 4, Nays 0. (#5) ITEM #1948 -FRANK KOKESH/JOAN M. HARMON, 4100 WATERTOWN ROAD -CONDITIONAL USE PERMITSN ARIANCE -CONTINUATION OF PUBLIC HEARING The Affidavit of Publication and Certificate of1'1ailing were noted. Gaffron noted the applicants attorney had requested tabling. It was moved by Peterson, seconded by Berg, to table Item #1948 to the October 17, 1994 meeting of the Planning Commission. Ayes 4, Nays 0. (#6) ITEM #1953 -WILLIAM ALLEN, 3475 LIVINGSTON A VENUE - VARIANCES -CONTINUATION OF PUBLIC HEARING The Affidavit of Publication and Certficate of Mailing were noted. Mr. Allen was present. Item # 195 3 was tabled from last meeting pending receipt of an updated survey which has been received. This proposal is for an addition to the house and a deck. The separation between this addition and the garage would be only 3+ ft where 10 ft is required. Applicant is asking for a side setback variance from the ten ft requirement, and a setback variance between the buildings. No hardcover variance is required since the property meets the 3 5% limit, and no structural lot coverage variance is required since the property meets the 1500 sq ft allowed per code 10.03 subdivision C. James M. Bourey, County Administrator Michael P. Gaffron Asst. Planning & Zoning Administrator City of Orono P.O. Box 66 Crystal, MN 55323-0066 RE: Proposed Plat -Bayview Farms 2nd Addition September 16, 1994 CSAH 84, south side approximately 600 feet east of CSAH 19 Section 6, Township 117, Range 23 Hennepin County Plat No. 2179 Review and Recommendations Dear Mr. Gaffron: Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: • For future improvements along CSAH 84 as this road approaches the CSAH 19 intersection, the developer should dedicate an additional 10 feet of right of way for a total of 40 feet of right of way from and along the CSAH 84 centerline. • The location of the proposed access road, Bayview Road, is acceptable. As proposed, Bayview Road will be located approximately 188 feet west of the plats northeast corner. The developer must have an approved Hennepin County entrance permit before beginning access construction. The developer should contact Dave Zetterstrom at 930-2548 for access information and entrance permit forms. • All access from the plat to CSAH 84 must be via proposed Bayview Road. Direct driveway access to CSAH 84 will not be permitted. The existing driveway entrance for proposed Lot 1, Block 3 must be removed and access for this lot be via Bayview Road. • All other proposed construction within County right of way also requires an approved Hennepin County utility permit prior to beginning construction. This includes, but is not limited to drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for utility permit forms. Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8468 (612) 930-2670 FAX:(612) 930-2513 TDD:(612) 930-2696 Recycled Paper Michael P. Gaffron September 16, 1994 Page 2 • The developer must restore all areas, within County right of way, disturbed during construction. Please direct any response to Doug Mattson. Sincerely, Thomas D. J nson, P.E. Transportation Planning Engineer TDJ/DBM TO: FROM: DATE: Chair Schroeder and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator September 15, 1994 8 . SUBJECT: #1967 Robert Olson/Donald R. Peterson of K-P Properties Inc. -4645 Bayside Road -Preliminary Subdivision (Class II) -Public Hearing Application: Proposal to split off existing residence with 2+ acres from existing 18 acre parcel. Note: Applicants originally applied for a 7 lot plat including ihe Irvin Geffre property at 4665 Bayside . However, as noted in applicants' letter of September 14th, they are requesting to down grade the application to merely splitting off the Olson residence and leaving the remainder of the Olson property as Outlot A to be platted later this year. List of Exhibits A -Application B -Original Letter of Request 8/26/94 C -Revised Letter of Request 9/14/94 D -Plat Map E -Property Owners List F -Original Plat Drawing for 6 Total Lots (Future Submission) G -Revised Plat Drawings for Creation of 1 Lot Plus Outlot H -Revised Plan with Staff Comment I -City Engineer Comments Regarding Original Proposal 3 -s \ltl-t. k ire c ~ tv~ C{-1 <e, -Ct, '1 Background Staff has been working with Mr. Peterson for a number of months in regards to the platting of Robert Olson's 17 .5 acres in conjunction with Irvin Geffre's 2 acres to create an additional 5 building sites. Two primary goals of the City have been to create a roadway system that will tie in with adjacent properties in a logical manner, and providing primary and alternate drainfield sites on each new lot that meet the 6% slope limit for mound systems. The latter has proved challenging, and is still in progress. Due to the developer's agreements with the property owners, they will likely be back later this year with a proposal to create 4 new lots instead of 5, but wish to proceed to split off Olson's property immediately so that it can be sold. Septic Sites for Olson Property Proposed primary and alternate drainfield sites meeting City requirements have been designated for the Olson property. While applicant has not submitted the actual testing report for those sites, the developer's site evaluator has been in contact with Steve Weckman during the site Zoning File #1967 September 15, 1994 Page 2 evaluation process. Since the Olson property currently has a failing septic system, the primary site will be used immediately and the alternate site would remain for potential future use. Lot Standards for Existing Residence Please review the proposed single lot division, Exhibit G. In the narrow context of a single lot subdivision, this lot would require a number of variances to lot standards, i.e.: -Only 187' of frontage on Bayside Road. -A 30' setback from the proposed south lot line which would be considered as a rear lot line, but which becomes a side lot line in the context of the larger subdivision. Clearly, this 1-lot division only makes sense in the context of the full multi-lot subdivision. Proposed Outlot A Again, in the context of the single lot subdivision, the layout of Outlot A would be illogical. However, it fits together in the context of the complete proposal. If Lot 1 is split off from the remainder of the Olson parcel as proposed, and Outlot A is created, what is the down side to the City if the future subdivision for some reason is never completed?. In creating Outlot A, with the very narrow neck at the southeast comer of the Geffre property and leaving 150' of frontage on Bayside Road, the outlot would not be conforming in lot width as an individual building site. It would certainly be appropriate that the City place specific restrictions on Outlot A, as follows: 1. Outlot A is created merely for future development, and shall not be used for single family residential purposes until a future plat has been approved by the City. 2. Park dedication fees will be due when Outlot A is platted for future development. 3. Any future platting of Outlot A that does not include the Geffre property must include the Olson property (Lot 1) to result in the Olson property becoming conforming to the lot width, area and setback standards of the RR-lB Zoning District. Proposed Future Access Location It is the developer's intent that a new private road be developed with the future plat, accessing Bayside Road either at the Olson's current driveway location or to the immediate west of the Geffre property (see Exhibit F). Applicant is requested to submit written confirmation from Hennepin County DOT that the current driveway location would be an acceptable road access location. Zoning File #1967 September 15, 1994 Page 3 The general comments by the City Engineer in relation to the original multiple lot proposal are included for the benefit of the applicant in planning for the future subdivision. Applicant is requested to provide a copy of the agreement/easement for roadway purposes over the Geffre property, which agreement yields an access corridor of a width suitable for future development of a road outlot. Staff Recommendation Staff recommends approval only under the following conditions: ch 1. Outlot A is created merely for future development, and shall not be used for single family residential purposes until a future plat has been approved by the City. 2. Park dedication fees will be due when Outlot A is platted for future development. 3. Any future platting of Outlot A that does not include the Geffre property must include the Olson property (Lot 1) to result in the Olson property becoming conforming to the lot width, area and setback standards of the RR-1B Zoning District. 4. The existing failing septic system at 4645 Watertown Road shall be replaced with a conforming system per the requirements of the City code. 5. Variances to lot width and rear setback granted for Lot 1 subject to coming into future conformance when the full plat is completed. 6. Applicant to provide confirmation of Henn DOT access location approval. K-P PROPERTIES, INC. 12435 42nd Ave. North PLYMOUTH, MN. 55441 August 26, 1994 Jean Mabusth Planning Director City of Orono P.O. Box 66 Crystal Bay, MN. 55323 Dear Ms. Mabusth: ( .----.. /~ .... ,, Enclosed is an application of Preliminary Plat for Lot 1 and Lot 2, Bayview Farms, which is 4645 and 4665 Bayside Road in Orono. This application is made by K-P Properties, Inc. which is buying all of Lot 1, Bayview Farms and Irvin Geffre who is the owner of Lot 2, Bayview Farms is joining in on this application. The Geffre property will have the lot lines re-arranged as a result of this plat. We presented two alternate sketch plans to the Planning Commission in June of this year. One showed a road to be built along the joint property line with the property to the west. This alternate has been abandoned because we cannot come to an agreement with the Whites who own this property. The resulting plat will use a roadway which is located on the Olson property and on an easement which was previously given to the Olson's covering an 80' by 80' triangle located on the Southeast corner of the Geffre Property. We intend to deed over to Geffres that portion of the Olson property lying westerly of the new road in consideration for them joining in on this plat. We will be creating 5 new building lots all of which will meet your ordinance. A Wetland delineation report is attached and the septic system evaluation will be submitted under separate cover. Please place this item on your Planning Commission agenda for the September 19, 1994 meeting. You can call me at 476-5317 if you have any questions regarding this application. Sincerely~/ ,e~ Donald R. Peterson, President K-P Properties, Inc. CITY OF ORONO SUBDIVISION APPLICATION exP. A PROPERTY LOCATION Site Address 4645 and 46.65 Bayside Road . 1.·1 ( V !!I.. !fUl!r.h! l..•J. I I !..'I 1..'!\L.rJT! .. ' ,z::1 ;\i/4liC£ o,r:,c IC:E 'i "i=::-"1-·:ir·!:·'uii\t1 J. i..•~•v,.:.. \."\/'\.'VV Property Identification Number (P.I.D.) 06-117-23 22 0008 and 0007 {)1 L:[i/ 5ti0,,(J(! Ci-fECA. TL 500 ~ 00 Please check one -Property _x_ abstra~t -or torrens? li'E'C:E[f'T -7}//il✓l{. ·you #3i::.•560 COt)i .~01 T11 :{)?' Attach legal description to application. frC.1 /·7:l. /0~ Lot 1 and Lot 2, Blo·ck 1, Bayview Farm?-L'' '-L'' '.,. --------------------------------------------------------------------------- APPLICANT K-P Properties, Inc. Name Donald R. Peterson, President Address: 12435 42nd Ave. No. OWNER (if different than ~pplicant) Name Robert S. Olson Address: 4645 Bayside Road (attach list if more than one) EXISTING LAND USE Number of Tax Parcels 2 Development Size 18.62 0.88 19.50 Present Use (check) X Present Zoning District RR 1-B Phone (home) 551-9202 Phone (work) 476 -5317 ---------- City: Plymouth, MN. Zip: 55441 Phone (home) 4 72-5662 __:...a..=-=-"'--"-'=------- Phone (work) 535-1481 -"'-"-=--=-'-~----- City: Orono, MN. Zip: 55323 --=-a"-=---"'--- Acres Dry Land Acres Wet Land Acres Total, all parcels Residential: no. of units 2 Other (specify) __________ _ PROPOSAL Division for Tax Purposes X Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: 2 5 7 Proposed Gross Density: 7 Minimum Lot Size: 88,427 Proposed Use: (check) X (~\ . , , ·-· ., l tJ .. ,,:/ ~ Existing Units New Units Total Units Units per 19.5 Acres= 0.359 u/a Sq Feet Dry Buildable Land Residential Other (specify) ______ _ j\. •I !!--,, MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form _ 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). .. . . --, . -·- 4. As an addendum to _ this appli_cation,. please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature _____ -,-__________ Date I ----------------------------------------------------------------------------------- 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature _______________ Date _______ _ FEES Sketch Plan Review (Class I, II & III) $200.00 Subdivision of a Lot Line Rearrangement 300.00 Preliminary Review (Class I & II Subdivision) 300.00 if;ioo ~ Preliminary Review (Class III & all non-residential) 325.00 + 25.00/Lot Final Plat Review (Class III) 175.00 *(Plus any legal or engineering charges) Renewal of Preliminary Subdivision Application 150.00 Renewal of Final Subdivision Application 100.00 The applicant hereby agrees to provide al 1 information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. · Applicant's Signature Date 8/26/94 Owner's Signature Date 8/26/94 -Robert S. Olqon . • Applicant must have all subm1ttals 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 1 scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building~ Zoning Office of this chan~prior 1:_~eeting. e1vv"-fL"5 ~'"'"ri/ur'--~ ,~ /lat~ e/;;-5/qv :t:rv111 7 oe ff ,'f.. September 14, 1994 Jean Mabusth Planning Director City of Orono P.O. Box 66 Crystal Bay, MN. 55323 Dear Ms. Mabusth: K-P Properties, Inc. 12435 42nd Ave. North Plymouth, MN. 55441 Phone 476-5317 On August 26, 1994 K~P Properties, Inc. applied for a preliminary plat for subdivision of 4645 and 4665 Bayside Road in Orono. We have been working to obtain roadway to serve this property and to obtain septic sites which will meet Orono's requirments for this property. It appears that a 6 lot division which creates 5 new building sites on the Olson property, 4645 Bayside, will not allow adequate septic sites. A revision of the subdivision to provide 4 new building sites appears feasible. The owners of 4645 Bayside Road have purchased another home and have a buyer who wants to purchase their existing home. In order to accomodate that sale we are requesting that our preliminary plat application be downgraded to a simple lot division of Lot 1, Block 1, Bayview Farms. This will provide one lot for the house which will allow the house to be sold. We will retain an easement for access to the remaining property which will be dedicated to Orono if the future platting of the remaining property requires a road lying east of 4665 Bayside Road. We are negotiating for a road which would be west of 4665 Bayside but this may take several months. Enclosed is a lot survey showing a simple" .lel=cdivision of Lot 1, Block 1, Bayside Farms into 2 lots. The location of the possible roadway would be the the area shown as easement. Please consider this at your September 19, 1994 Planning Commission meeting. Sincere )Q~,ff~ Donald R. Peterson, president K-P Properties, lnc. (/) (13) ('Z) O<o-111-Cfo (SJ l 11- (4) '" (3) ,,, ,,, r I 9 &,_ '1 ·~t 1;~ ~ ,~1 ~ ·b; ~ ( fr ' j, .J .•• J "' ~~:. '" (1)) (1) 0 (11) {10) (9} (8) ~ (7) (SJ "' '"""':-• ..,.. •],on: , •• ~ ... -., . • , ~~OIL ~·~:'.!''~ -------· -.. RUN DATE 08/23/94 BATCH 004 PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/AD DR 38 06-117-23 21 0005 04565 BAYSIDE RD P & S RENNEBOHM PETER & SHARON RENNEBOHM 4565 BAYSIDE ROAD MAPLE PLAIN MN 553.59 38 06-117-23 22 0008 0464.5 BAYSIDE RD R S & M H OLSON ROBERTS OLSON .5010 HILLSBORO AVE N MPLS MN .5.5428 38 31-118-23 33 000.5 04660 BAYSIDE RD B & N CUFF BOBBIE & NEVA CUFF 4660 BAYSIDE RD MAPLE PLAIN MN .5.53.59 33' 31-118-23 33 0009 00038 ADDRESS UNASSIGNED PAINTERS CREEK HOMEONNERS PAINTERS CREEK HOMEONNERS C/0 CRAIG PASSON 100 LUCE LINE RIDGE MAPLE PLAIN.MN 5.53.59 38 31-118-23 34 0003 0002.5 LUCE LINE RIDGE CH HATTSTROM & VA HATTSTROM CURTIS H HATtsTROM 2.5 LUCE LINE RIDGE MAPLE PLAIN MN .55359 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 06-117-23 22 0003 00180 NORTH SHORE DR H DAVID L NHITE ET.AL FREDERICK C HHITE 1419.5 PAULS DR ROGERS MN 55374 38 06-117-23 23 0001 00038 ADDRESS UNASSIGNED JEANNE T ARMSTRONG JEAN T ARMSTRONG 235 NORTH ARM LANE MOUND MN 5.5364 38 31-118-23 33 0006 04720 BAYSIDE RD B PETER ACHEV ETAL MR B PETER ACHEV ROUTE 2 BOX 88B MAPLE PLAIN MN .5.5359 38 31-118-23 33 0010 00038 ADDRESS UNASSIGNED IRVINE BERGSAGEL Et AL QUARTO INC , 1624 HARMON PL #209 MPLS MN .5.5403 TOTAL BATCH 004 00013 REPORT NO. PI435401 PAGE 13 38 06-117-23 22 0007 0466.5 BAYSIDE RD IT & ML GEFFRE IRV.IN T GEFFRE 4665 BAYSIDE RD MAPLE PLAIN MN .55359 38 06-117-23 24 0001 00215 NORTH ARM LA JEANNE T ARMSTRONG JEAN T ARMSTRONG 235 NORTH ARM LANE MOUND MN 55364 3t 31-118-23 33 0007 04740 BAYSIDE RD L,YQGtRST & D DUNN D,bUNf-.1 & L YOGERSf 4140 BAYSIDE RD MAPLE PLAIN MN 55359 38 31-118-23 33 0011 00038 ADDRESS 'UNASSIGNED BR lANGE & J B BURRELL BRUCE R LANGE SUITE 615 .53 H JACKSON BLVD CHICAGO IL 60604 \ -- RUN DATE 08/23/94 BATCH 004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 14 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE ANn TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATidN, TO THE BEST OF MY KNOWLEDGE AND BELIEF~~• ,f;1, ..-1Y~ A ~ DATE<g~ YaY . / d2( /J ! : ··"":,:,,,.• .:.,_:..:,_.:., ,,,, OOL 09 0 1 133.::1: NI 37¥8S "Ji t r'l\..Jr' l '" l.JvlJ,j :g I li,._1r,Q'' , ''-L, 'II I , . .) 7-------~------,- . -·-! ---------,/ ---,, ----- '"--------. -~------ ••" ! . ---I._ ---- ------1 •----_____ .:._ / / / I/· ,, I \.,, .-I ,_ , / . / / ,/ --1-.. - I ' .0 Bonestroo Rosene Anderlik & Associates Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer ~ r --1\11 Engineers & Architects September 9, 1994 Mr. Michael P. Gaffron, Otto G. Bonestroo, PE. Robert W. Rosene, PE .' Joseph C. Anderlik. PE . Marvin L. Sorvala, P.E. Richard E. Turner, P.E. Glenn R, Cook, PE . Thomas E. Noyes. PE. Robert G. Schunicht, PE . Susan M. Eberlin. CPA. *Senior Consultant Asst. Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: K-P Properties File No. 139-1967 Dear Mike, Howard A. Sanford, PE . Keith A. Gordon, PE . Robert R. Pfefferle, P.E . Richard W. Foster. P.E. David 0. Loskota. PE . Robert C. Russek. A.I.A. Jerry A. Bourdon, PE . Mark A . Hanson, PE. Michael T. Rautmann, PE. Ted K. Field, P.E. Thomas R. Anderson. A.I.A. Donald C. Burgardt. PE. Thomas A. Syfko. P.E. Frederic J. Stenborg. PE. Ismael Martinez. P.E. Michael P Rau, PE. Agnes M. Ring, A.I.C.P Thomas W . Peterson. P.E. Michael C. Lynch, PE . James R. Maland, P.E . Jerry D. Pertzsch, PE. Scott J. Arganek, P.E. Kenneth P Anderson. P.E. Mark R. Rolfs, P.E . Mark A. Seip. PE . Gary W. Morien, PE . Paul J. Gannon, A.I.A. Daniel J. Edgerton. P.E. A. Rick Schmidt. PE. Philip J. Caswell. PE. Mark D. Wallis. P.E. Miles 8. Jensen, PE . L. Phillip Gravel. PE. Karen L. Wiemeri, PE. Gary D . Kristofitz. P.E . Keith R. Yapp, PE. Douglas J. Benoit. PE. Shawn D. Gustafson, PE. Cecilio Olivier, P.E. Paul G . Heuer, PE . John p Gorder. P.E . Charles A. Erickson Leo M. Pawelsky Harlan M . Olson James F. Engelhardt We have reviewed the preliminary plat and grading plan submitted by K-P Properties, Inc. for Bayview Farms 2nd Addition. The property is located south of Bayside Road (County Road No. 84) and east of C.S.A.H. No. 19 in the northwest quarter of Section 6. The proposed access location on Bayside Road appear to be adequate, however, Hennepin County should review the plans. The platting of a future connection to the adjacent property to the south and west is appropriate. The horizontal street alignments are acceptable. The vertical curves alignments do not appear to meet a 30 MPH design speed as required by City Code. The minimum acceptable length for each of the three vertical curves are 160', 110' and 180' respectively, starting at the north and moving south. A typical section for the proposed street should be submitted that shows a minimum paved width of 28 feet and a section of 8-inches of class 5, 100% crushed aggregate base and 3-inches of bituminous pavement. The grading plan seems to indicate that an urban section roadway is proposed. If that is the case, a drainage plan should be submitted to address the runoff. If a rural section roadway is proposed, the ditches should be at least 2-feet below the edge of the roadway. The grading plan does not show grading of the cul-de-sac nor does it address drainage patterns or erosion control. Silt fence should be installed along the wetland areas prior to construction. Drainage easements should be shown on any wetland areas and along any proposed drainage routes. The plans should be submitted for review by the Minnehaha Creek Watershed District. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 6us~n14~ 2335 West Highway 36 •St.Paul, MN 55113 • 612-636-4600 -- (./) 8 . .... t: 0 .... \ \ ----9S"LS9 3 .. LO ,L£.68 N ·--- : -.. -···· .... -·· -,, r -~ , 1 lN3\'i3S¥3 .. ,,,'.:. ..... 0 : \ ,;:::.::·.:::.~• 3!l¥Nl'tl:JO ONV AJlllln _j \ r OL 1 I I r-01 ~, ~, I I I I '"' ,g :g I I I I r-01 ' \ I I I I '8 ,8 I I I I I I I I I I I ff c:, . ,.~ "' \' : ~ I _. I ·• I 0 I o ~ I t Q ~----------i-----~----, ________ , / -----8S"LZ£ (G'v'O~~ . ()t ~ & 3 ... oo ,St.68 ;c;s,\'v'S) C'v'C)d N -·-·-·- j I ~ 1r·,,-..r ... I, L, '(1 1\J,J & 'y- .. ,--' ,r.)'.., .... ' ... ~) \ ·, '-· -4' I --· -·---------------- ' • -.., ' ' I • Ir•-. /\,'\_ 3: ,1 \ f' A, \: t ::! (./) 0 0 ~ !::il • ,,, CITY of ORONO TELECOPY COVER LETTER Please deliver the following page(s) to: Name: From: Total number of pages letter. Date: including .this cover IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS POSSIBLE. Phone: (612) 473-7358 and ask for: Our telecopy number is: (612) 473-0510 Additional Message: To: From: Date: Subject: Note: Chairman Schroeder and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator October 13, 1994 #1967 Robert S. Olson/K-P Properties, Inc., 4645 Bayside Road -Preliminary Plat Approval -Referral from City Council Planning Commission reviewed this item on September 19 and at applicant's request recommended denial to move it along to the Council. Council reviewed the item on October 10 and referred it back to Planning Commission. List of Exhibits A - B - C - D E - Revised Plat Drawings Including Geffre Property Council Action Notice 10/13/94 Planning Commission Minutes 9/19/94 Draft Cm.½neH MinUtes 10,'10/94 (!}o+ Av()._ ~lo..bl~ A-t Pre~s 1;--.E:.._) Memos and Exhibits of 10/6/94 and 9/15/94 Application Background At your September meeting, Planning Commission reviewed a proposed subdivision to split off the Olson residence from the remaining 14 acres, leaving the large parcel as an outlot, plus two additional remainder outlots, one for a private road and the other for eventual acquisition by the neighbor. This proposal lacked a continuous road outlot corridor from Bayside Road to the large outlot parcel, since the neighboring Geffre property had not been included in the plat. Further, septic testing had not been submitted for the existing Olson residence with a failing system. Planning Commission offered the applicant tabling until information is complete. The applicant requested a denial recommendation in order to move the application along to the Council. Planning Commission recommended denial, and recommended applicant work with staff to come up with an acceptable proposal and provide all necessary information prior to Council review. After Planning Commission review, staff met with applicants and recommended again that the Geffre property be included in the subdivision. At that point, applicants did not have Geffre's approval to include him in the plat. Applicants submitted to Council a proposal including a triangular easement over Geffre's property to provide the continuous future road outlot connection to the large outlot. At their October 10 meeting, Council and City Attorney raised questions regarding the easement vs. outlot issue and directed that Planning Commission further review this, with input from the City Attorney regarding acceptability of the easement. Zoning File #1967 October 13, 1994 Page 2 Shortly after the Council meeting, applicants notified staff that they would include the Geffre property and submit with an outlot per staff's recommendation (see Exhibit A). Additional Information • An acceptable on-site sewage treatment site evaluation report has been received, indicating primary and alternate sites for immediate and future use on the Olson property. • Since inclusion of the Geffre property is functionally a lot line rearrangement that provides him more property potentially suitable for future septic use without removing any existing septic capability, no septic testing has been required for the Geffre property. • Acreages for each parcel are as follows: Total Area = 17.49 acres Proposed: Lot 1, Block 1 (Olson) Lot 1, Block 2 (Geffre) Outlot A Outlot B (future road) Outlot C (for future development) Outlot D ( future road) 2.75 ac 1.94 ac 0.28 ac 0.32 ac 14.13 ac 0.07 ac • With the current proposal per staff's recommendation, the easement vs. outlot issue is eliminated. However, Geffre's lot is (temporarily) reduced from 2.01 acres to 1. 94 acres. He will retain ownership of the 0. 07 acre Outlot D, but will in effect "trade" Outlot D for Outlot A if the B-D corridor is used in developing Outlot C (in which case Geffre ends up with 2.22 acres). • It may be appropriate that the agreement between the 3 parties be modified to apply to "heirs and assigns" in the event that one of the parties sells their property. The City Attorney has been asked to review the agreement. • Because the 14 acres is to be platted as an outlot for future development, construction of a road is not required until development of that parcel. • The current plan still leaves the applicants the option of developing a new roadway through the adjacent White property, although applicants note the potential for acquiring that property appears to be poor at this time. Zoning File #1967 October 13, 1994 Page 3 • Per the County Public Works request and past City practice, if Outlot B is eventually used for road purposes, then both the Olson and Geffre residences will be required to remove their Bayside Road accesses and construct new accesses to the outlot road. This raises the question as to how or whether the Olson residence will be able to access from an interior road if Outlot B is never used and the 14 acre parcel is developed using access from the White property. Since Olson's existing driveway is at what the County considers a safe location, perhaps this continued access would be acceptable. • K-P Properties' Don Peterson has advised it is their intent to initiate subdivision of the 14 acres (using Outlots B and D for access) as soon as septic testing is complete ... Staff Recommendation Staff recommends approval of the applicant's current proposal subject to the following conditions: 1. Outlots A, B, and C shall remain in common ownership until Outlot C is further developed. Outlot D shall remain in ownership with Lot 1, Block 2 until Outlot C is further developed. 2. Outlot A is considered as an unbuildable remainder parcel and upon development of Outlot C, Outlot A shall be either combined with Outlot B and Lot 1, Block 1 if Outlots Band Dare not used for road purposes, or Outlot A shall be legally combined with Lot 1, Block 2, in the event that Outlots B and D are used for roadway purposes. 3. Outlots B and D are platted for future roadway purposes and shall remain as separate unbuildable tax parcels until such time that Outlot D is further developed. In the event that Outlot C is further developed without a need for use of Outlots B and D as roadway access, then Outlots B and D must be legally combined with adjacent properties. 4. Outlot C is created for future development only, and no building permits shall be issued for Outlot C until such time that it is replatted into one or more buildable lots. 5. In the event that Outlots B and D are used as an access road serving a future development in Outlot C, the residences on Lot 1, Block 1 and Lot 1, Block 2 shall revise their driveway locations onto said outlot roadway and eliminate direct access to Bayside Road. Zoning File #1967 October 13, 1994 Page 4 6. A driveway easement over Outlot B shall be granted in favor of Lot 1 for continued use of the existing driveway in Outlot B. 7. The plat is subject to the standard perimeter drainage and utility easements. 8. No additional right-of-way for County Road 84 will be granted although Hennepin County has requested it. 9. At the time Outlot C is further developed, the City will at that time require payment of park dedication fees and the dedication of all necessary and appropriate public easements within Outlots A, B, C and D. 10. The Olson property shall be provided with a new septic system within the time frame and requirements of the City code. _ ~. I I , ~~ .s tt,_.,,-k;;.. µs_ / y ~Arc_ c>fc_ Y....'"t-S.~fc.~ ~~v · (/ Options for Action l\,,.a.,.,A r--w I evJ c,.-/ !2-' .r'-'--c-""7 '. ~ lsv 1. Recommend approval as noted above. ~7 ~ 1 • 2. 3. 4. Table for more information. Recommend denial, stating reasons. Other. AGREEMENT Robert S. Olson and Margaret W. Olson, fee owners of Lot 2, Block 1, Bayview Farms, and K-P Properties, Inc., contract purchaser of said lot, hereby agree that in the event that portion of Lot 2, Block 1, Bayview Farms shown as Outlot C on the attached Exhibit A is replatted into buildable parcels and a roadway 1s dedicated or reserved within that portion of Lot 2, Block I, Bayview Farms which is shown as Outlot B on attached Exhibit A, then the above named parties hereby agree to deed to Irvin T. Geffre and Marjorie L. Geffre that portion of Lot 2, Block 1, Bayview Farms shown as Outlot A on attached Exhibit A and a portion of Outlot C as shown on Exhibit A bounded by a line described as follows: Beginning at the Northwesterly corner of Lot 2, Block 1, Bayview farms which is also the Southwesterly corner of Lot 1, Block 1, Bayview Farms; thence North 89 45' 00" E distance 148.50 feet, thence S 00 45" 00" E distance 103.00 feet, thence S 89 45' 00" W distance 148.50 feet, thence Northerly along the west line of Lot 2, Block 1, Bayview Farms to the point of beginning and there terminating. Irvin T. Geffre and Marjorie L. Geffre, fee owners of Lot 1, Block 1, Bayview Farms, as a consideration for such commitment to deed future Outlot A and part of future Outlot C, hereby agree to join in the application for platting and any future plat of buildable parcels which proposes such dedication or reservation of Outlot B as access to Outlot C as shown o:q attached Exhibit A. --=----~~~ay of Cx:... i-: 1994. K-P ;::zt Inc. By: ~rvh/ 111/_~ Donald R. Peterson ~~--1- Irvin T. Geffre Fee owners of Lot 2, Block 1 Bayview Farms Contract purchaser of Lot 2, Block 1, Bayview Farms Fee owners of Lot 1, Block 1 <AA/\ __ ' ._ L ,~ay~iew Farms, their heirs M.;;-;!,-"[;\~t;=L--r,~L -I I -s SI g n $ and f'f''\I •~ '7 '/ \,;\,,/1,,.,)f" I 1 Iv1INUTES OF THE ORONO PLANNING C01V.IlvfISSION MEETING HELD ON OCTOBER 17, 1994 (#5 -#1960 -Johnson/Navarre Congregation of Jehovah Witnesses -Continued) Schroeder moved, Lindquist seconded, to approve Application #1960 for variance and conditional use perrrut per conditions set forth in Staff memo to include a 15' drainage easement over proposed drainageway subject to approval of the drainage plan by the City Engineer, striping of the parking lot, and a $50 fine for the after-the-fact permit . Ayes 7, Nays 0. (#o) #1965 GUSTAFSON DESIGN/JAMES LEAR, 2525 DUNWOODY A VENUE - CONDITIONAL USE PERMITNARIAi~CE-CONTINUATION OF PUBLIC HEARING -8:25-8:40 P.M. Mr. Lear and Mr. Gustafson were both present. Gaffron reported this application was tabled from the last meeting awaiting a detailed landscaping plan which is now included in this package. The bank on the property has failed, and the plan consists of a series of retaining walls of a geo-grid nature with two terraces and a walkway to solve the erosion problem. The existing stairway will be removed . The 43 s.f. shed , which is 6' high, will remain for equipment storageand housing of the irrigation system pump . The City Engineer is in agreement with the plan but had noted the difficulty in mowing the slope area. The applicant decided not to mow the slopes, instead protecting the areas with erosion mats and mulch . Gaffron sai d the Engineer did not want boulder-type rock which resulted in a plan consisting of a "lannon" stone product with fabric laid underneath. Staff commented that this plan should solve the slope issue and erosion problems . Rowlette remarked, that should the shed deteriorate, a 20 s.f structure would be expected in the future. It was noted that the layer of fabric to be used in the plan was not considered hardcover, and the rip-rap will need to be approved by the watershed district . Nolan moved, Berg seconded , to approve Application #1965 with the Staff recommendation that a representative of American Engineering Testing be on site to observe the conditions during construction. Ayes 7, Nays 0. (#7) #1967 K-P PROPERTIES/ROBERT OLSON, 4645 BAYSIDE ROAD - PRELIMINARY SUBDMSION -REFERRAL FROl\-1 COUNCIL -8:40-9:00 P.l\-1. Mr. Peterson and Mr. Olson were present. 5 }.1JNuTES OF THE ORONO PLANNING COMMJSSION MEETING HELD ON OCTOBER 17, 1994 (#7 -#1967 -K-P Properties/Olson -Continued) Gaffron reported the initial request was to subdivide the Olson residence from a 17.5 parcel leaving the rear property as an outlot for future development and an outlot with an access for future development. The plan was modified to facilitate the sale of the Olson residence. It includes a 2.3 acre lot, an outlet for a road, an outlot to be later transferred to adjacent property, and an outlot for future development. This would not include the Geffre property but would include an easement to connect a back road to Bayside. The question still arose whether the Olson property would be able to connect to an interior road. Another option was for an easement for a west access should the White property be acquired. It was determined that the White property would not be acquired and a 4-lot division wi11 occur of this property. At the last Council meeting. the plan was revised to not include the Geffre property, thus, creating an outlet with an easement. Gaffron noted a letter from City Attorney Barrett regarding concern over enforcement of the successors or heirs of the Geffre property to be bound to the terms of the easement agreement previously laid out. The Geme property is now part of the plan through an agreement so this matter may no longer be of issue. The plan is now the same as that requested by the City Staff, leaving options available and controls with.in the resolu6on what will happen under different scenarios of development. The park fees will be deferred on the outlot until it is developed. Gaffron said both access possibilities have been approved by the County and are workable. The residence does have a failing septic, and Gaffron noted it will be replaced at a new location. Schroeder voiced concem over the issue brought up by Barrett in his letter. Gaffron commented that any approval should stipulate the need for the City Attorney's approval as well. Mr. Peterson reported having a new signed agreement with Geffre binding successors and assignment should that occur, and a deferred agreement to make a transfer if Outlot B is used. Peterson also said the issue of the variances requested at the last Planning Commission meeting has been resolved. The plans now call for 200+' frontage on Bayside Road and 50+' from the deck. Peterson reiterated why the plan is in two phases in order to facilitate the sale of the Olson property. He noted the comment given by the City Council at their meeting for the desire of the input of the Planning Commission.. Mayor Callahan interjected to the Commission members that if they as well as the City Attorney were agreeable to the terms of the proposal, the City Council \vould be wi11ing to look at this issue at their next meeting. :Mr. Olson commented on the importance of timeliness in this matter. 6 ?v1D,HJTES OF THE ORONO PLA.i"-l'NING COM1vflSSION MEETING HELD ON OCTOBER 17, 1994 (#7 -#1967 -K-P Properties/Olson -Continued) Rowlette commented on the shed located on Outlot C questioning whether it can or cannot remain without a principal structure, noting the need to place a time limit on the decision with removal after one year. Nolan moved, Smith seconded, to approve Application #1967 for a subdivision as proposed to include Staff recommendations 1-10, reviewal of amendment document for Outlot D by City Attorney, and the removal of the shed on Outlot C after one year if a building permit is not issue for construction of principal residence. Ayes 7, Nays 0. (#8) #1969 CITY OF ORONO, 1355 BROWN ROAD SOUTH -VARIANCE - 11:45-11:50 P.1\1. The Certificate of Mailing and Affidavit of Publication were noted. Gaffron reported the parking lot is for the old post office and ·will have five parking stalls and one handicap stall. It will loop around the building. A variance for the 50' front setback is needed. Lindquist moved, Peterson seconded, to approve Application #1969 for a variance for the City of Orono. Ayes 7, Nays 0. (#9) #1970 SCOTT MICHAEL \VOLD, 3026 CASCO POINT ROAD - CONDITIONAL USE PERMIT -PUBLIC HEARING-9:00-9:15 P.M. The Certificate of:rvfuiling and Affidavit of Publication were noted. Mr. Wold was present. Mabusth noted the receipt of a letter from a neighbor. ,.\ndrew Ronningan. It was written after reading the City Engineer's comments but prior to seeing the Staff recommendations. Mabusth reported this application is for a CUP for lot 2 of Kelly Second Addition for approval of a walkout design involving 450 cubic yards of soil correction under the building pad. This plan would raise the structure 8-9' resulting in a major elevation change. The application also jnvolves land alterations within property to immediate west. 7 POPHAM BAIK MEMORANDUM TO: FROM; RE: DATE: Michael P. Gaffron Assistant Planning and Zonin,i Administrator City of Orono Thomas J. Barrett, Esq, Item #1967 Robert S. Olson/K·P Propertiest Inc. I~ October ))(1994 3300 Piper Jaffray Tower 222 South Ninth Street Mlnncapoli$, Minnesota 55402 (612) 333-4800 VIA, TELECOfX Mike. after the last Council meeting and our discussiont I have reviewed the documents you provided. Looking at the exhibits, particularly Exhibit B dated 10/06/94. I am particularly concerned that the road access to the proposed large lot labelled Outlot B appears to require access over Lot 2, whlch is not owned by the subdividing applicant If a later attempt to develop Outlet B runs into resistance from the owner of Lot 2 as to the development of the proposed road, and if the other possible alternative route on the other side of Lot 2 does not materialize, then the contingent planned for road, represented by Outlot A, will only be as good as our ability to require Lot 2 to provide the comer of its Lot to the road proposed. To evaluate the degree of control which the City would have in opening a road over Lot 2, I have reviewed the Agreement, which is attached to the Council packet. I can imagine the following potential difficulties with this Agreement in any effort by the City or the developer to open a road over Lot 2. First, it is not apparent under the terms of this Agreement that the successors and assigns, subsequent purchasers, would be bound to follow the terms of the Agreement. Second, because of the contingencies discussed in the ;'\.,$reement, it is reasonable to assume that dis utes of fact will or ma arise as to whether or not the. cited contin~encies have occurred. In the event of such disputes, t e 1ty wou d faced with the prospect of litigation, rather than with the more desirable prospect of simply opening a previously platted road. I realize that platting a road on the property of Lot I. which reaches proposed Outlet D, has the undesirable impact of coming too close to the house which now is in place on Lot 1. One possible scenario for your consideration would be to plat the road, even though it is undesirable, and then to note in our subdividing and resolution, the existence of the Agreement and the planned Outlot A as the more desirable road access. Mike, this memo sets out my concerns. Please call to discuss. 0B2/2Z060346 IOIJ3/94 • " . ,. -:!F"~-/0 ------1-f:-~~~--f--,.--t-li~·~ ---# 11~ t:+i ~ I) Ifs .. ~~ bt,eSciU WN~ ~ w, /{J ,ct--c... .ee-_ _!7~ ---- _"' {So 8 Ouz._Q ~ o~_ ~ JOA<-) ~UI~ l+L IAf_ /P7J ll A:N~o±J A/'/J~/C.. 77.>_s.Pz-1.r OF J!ts,tor M-'S. v..l/~ I ,J _ ltZ?.> -7 '-/ 1 _/ tJ n,N .,-_ ';"'!!:>_~ .....Q....C. • N -~ _e ____ ~f_ _&tL-. e,J)_ /47fw/__ -_ . • Afv~~~ tuW€i2. Pt~ s.~b C. !._~ ~ tu ,ti I _J_!J ePPe'-vr. ----- I • /-9 7S-79' l>Ue)AJ _t)Jl"'Y\.Jf -~~( A ~N_G, _f~~LJJ:.>. &>P'I ~-7)-M S £ ~:nN~ our ' I .. ot-~oN 11u 12~,~ SL£&£> "{""2) ,~ur.arP: lfou.s~ ~1raj_ _"3 kc-)~(,.~~~ -~Ji~ ()~t..<J'r_~_ I ~~. I I I - I I I I l ' I ---------I TO: Michael P. Gaffron, Asst. Planning & Zoning Administrator FROM: Stephen Weckman, On-Site Systems Manager DATE: October 13, 1994 SUBJECT: Application #1967, K-P Properties/Robert Olson, 4645 Bayside Road - Septic Review Outlet A has been provided for a potential future drainfield site for an adjoining property. Soil testing has not been completed, but this site slope and soil conditions appear to be suitable for a drainfield site. Soil testing and septic system design have been submitted and approved for Lot 1. Two sites suitable for a five bedroom house have been designated as the existing residence has a marginally functioning system. The drainfield sites meet all state standards but the alternative site will not meet the City's 20' lot line and driveway setback requirements. The 20' driveway setback must be met when a new driveway is installed for access from Outlet B and a variance will be granted for a lot line setback of 10' as drainage will not be a problem. Outlet C is to be set aside for future development and no soil testing has been completed for this site. Based on the above information, I recommend approval of the application. ch MJNUTES OF Tiffi REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 10 1994 , (#10) #1964 CALV ARY 1"1E.1""1,fORIAL CHURCH, 2420 DUNWOODY A ·vENUE _ VARIAN CE -RESOLUTION #3480 Hurr voiced concern over the magnitude of the variance regarding signaoe size and the possibility of others wanting the same. The variances required include ~uare footaoe for an individual sign (12 s.f allov1ed '.vhere 45 s.£ is proposed) and site signage squar; footage (24 s.f allowed where 148 s.f. is proposed) as well as a maximum height of sign variance of 9' where 8' is allowed.. Gaffron said, while the possibility of others requesting larger signs is there, he felt the request was in line when location was taken as a factor. The church is located on Dunwoody and County Road 15 along a generally commercial roadway but is in a residential zone. Commercial properties are allowed one square foot of signa.ge per foot of frontage. This property would be allowed much more signage th.an is requested if it was zoned commercial. Hurr moved, Jabbour seconded, to adopt Resolution #3480 granting a variance to Calvary Memorial Church for additional signage. Ayes 4, Nay s 0 . (#11) #1967 K-P PROPERTIES/ROBERT OLSON~ 4645 BAYSIDE ROAD - PRELIMINARY SUBDIVISION Gaffron explained this is a request to split off one 2. 7 5 acre lot with an existing residence from a 17 .5 acre parcel, excluding the Geffre property. The original plan w as for five lots plus the Olson and Geffre properties. The Planning Commiss ion offered the a pplicant either tabling or denial the application due to an incomplete plan. The applicant requested denial so the matter could move along to the Council since rvlr. Olson and the buyer of his house wish to close on the property soon . Mr. Peterson, the contract purchaser, noted the original six -lot plan was revised to five lots with four building lots due to septic system configuration problems . The 14 acre Outlot could be served with a roadway to the east through the Olson property or there is a possibility for a road to the west also. Peterson's concern is with the time span for the Olson's purchase agreement closing on or about 11/15/94 . Peterson said the three conditions the Planning Commission did not agree with for a temporary v ariance hav e been modified. The frontage on Bayside Road of 187' was changed to 20 l' and rear setback for the existing house was changed from 33' to 51 ', now meeting the requirements. The other condition was a lack of a formal agreement with Geffre for a road through his property. A road platting agreement has now been signed by Geffre . Callahan asked the Council members for their comments, and if they wished to hear the plan. Jabbour would like the input of the Planning Comnnssion, but sine~ this was a preliminary approval, he would agree to bear the plan. Ht.HT felt if the conditions had been met and if staff was comfortable with that, s.he also would look at it. Callahan remarked about the Planning Commission not having complete information and was hesitant to look at a plan that had been denied. Goetten said this has been done previously. It was agreed upon to look at the plan. 5 MINUTES OF TIIE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 10, 1994 (#11 -Item #1967 -K-P Properties/Robert Olson -Continued) Gaffron reported the original recornmendation was for the Geffre propertv to be included in the plat. The 14-acre Outlet C would require a continuous platted road corridor to Bayside. The Peterson plan did not include the Geffre property and proposed the City accept the development agreement between the Olson's, K-P Properties and Geffre. The agreement indicates if Outlet C is replatted to buildable lots and Outlet B is used for a road, then Geffre will receive Outlot A in exchange for becoming part of the future plat, creating an outlot to complete the road connection through Geffre's property. If the White property was acquired, the future road would come from the west. A potential problem with this would be the Olson residence would possibly not be served by a future interior road but access directly onto Bayside Road. Barrett was concerned with the risk of contingency noting that the City might not be able to enforce the agreement placed upon the Geffre property. Gaffron also commented that the resolution 1.vas structured such that 0utlots, A., B, and C could not be separated or conditions of the agreement revised without City approval. If the Outlot was build.able riclrt awav there would be a Park Dedication fee oaid. If divided later. the fee would be -~, J, ,, deferred. Gaffron also noted that there is a 1979 easement on the Geffre property in favor of the Olson property allowing for a road. Hurr moved to approve ,vith the Staff recorrunendaticns. There \Vas no second to that motion. Callah.an moved, Jabbour seconded, to return the request to the Pla...'11li..11g Commission with guidance from the City Attorney on legal questions. Ayes 3, Callahan, Goetten, and Jabbour, Nays 1, Hurr. (#12) #1968 KEITH & VIVIA.N BANGERT, 3500 BAYSIDE ROAD - VARIANCES Applicant Vivian Bangert, Builder Roeloffs, and Prcpeft'; Owner Shirley Larson were present. Gaffron reported the applicant wants to construct a drive"1.ra-<; access into propert<; located on the northside of Bayside Road in order to construct a residence. The request is for variances for lot width ( 165' where 200 required), lot area ( 1.97 acre lot where 2 acres are required), hardcover ( 40% in 0-75' zone), land alterations (live tree removal in 0-75' zone) and bluff impact (topographic alterations/grading and filling in 0-75' zone). 6 r.: .. E.·-- October 8, 1994 K-P Properties 3048 North Shore Drive Wayzata, Mn. 55391 Swedlund Septic Service Re: Septic System Design for Lot 2, Block 1, Bayview Farms Attached please find the septic system design for the above mentioned property address. This design is for a five bed- room house using 750 gallons per day. This design is for a mound type septic system using all the materials listed in the attached pages. A copy of the drawing for the septic design is also attached. This design meets all State and local ordinance requirements. s~~rL Swedlund Septic Swedlund Septic Service • 9520 Laketown Road • Chaska, MN 55318 • 442-5855 )!,_}TA.TE CERTIFIED vIT Prepared For: Site Address: ifrercTest filsoil Boring ~Design Swedlund Septic Service D Installation Estimate K f: lb P£ eN ~ /2.¥!/K ~Nd f}uc No Ptymau 16 s~l/1.J I J,,o/2 /3,/a,.K' I Swedlund Septic Service • 9520 Laketown Road • Chaska, MN 55318 ~ 442-5855 MOUND DESIGN WORKSHEET (For Flows up to 1200 gpd) A. FLOW Estimated 7$ gpd (see pages D-7 or I-3, 4, 5) or measured ___ gpd. B. SEPTIC TANK UQIBD VOLUMES Z Z§"b gallons (see pages C-3 or C-5) C. SOILS (refer to site evaluation) 1. Depth to restricting layer = _ _.z.......,z_=--inches 2. Depth of percolation tests = / z_ inches 3. Percolation rate _Z_3 ___ mpi 4. Land slope '7 % D. ROCK LA YER DIMENSIONS 1. Multiply flow rate by 0.83 to obtain required area of rock layer: Ax 0.83 = 7..S-o gpd x 0.83 sq. ft./gpd = ,zz sq. ft. 2. Select width of rock layer (10 feet or less)= }() ft. 3. Length of rock layer= area+ width= 0; :::b sq. ft. + Jo ft. = Q ft. E. ROCK VOLUME 1. Multiply rock area by rock depth to get cubic feet of rock; &2 Z sq. ft. X _/_· ft. =' ZZ. CU. ft. 2. 3. Divide cu. ft. by 27 cu. ft./ cu. yd. to get cubic yards; C,Z Z cu. ft. + 27 = 2.3 cu. yd. Multiply cubic yards by 1.4 to get weight of rock in tons; -zg cu. yd. x 1.4 ton/cu. yd.=~ tons. F. ADSORPTION WIDTH 1. Percolation rate in top 12 inches of soil is~ mpi 2. Select allowable soil loading rate from table on page E-16; • ~o gpd/ft2 3. Calculate adsorption width ratio by dividing rock layer loading rate of 1.20 gpd/ft2 by allowable soil loading rate; 1.20 gpd/ft2+ ,G.,O gpd/ft2 = Z,,t.,O Check this value on page E-16. 4. Multiply adsorption width ratio by rock layer width to get required adsorption width; IO X_h_ft=ZQ_ft t-19 D-7 ESTIMATED~ nows IN c..u.o.., '111 :i.iT ..-v, TTP'f" OF ACSIOU.CC • or BECIIO()MS I ll CI :it 2 300 = '"° "°" 3 ·"" 300 211 .. • ""' 37' Zl6 ... .... , no .... -.. • 900 5:1:5 "' ''H_L 1 1000 ""' 370 ., • 1200 .,., -m c..,_,,..... C-3 SEPTIC TANK ~PACITIES, IN GALLONS UQC.aOCAll,lCffY ..-o, -'MTMOAM4Q,I _,._ IJCIUO>r;»lol:ITY o,s,osu 1 c,,uu , .. 1121 • °". tttCI uea I 0111 t ,. .. UIO 1,1.0111 Ult JtQO Rock Bed .... ...... ,., .. I . II i-"""11 • JO ,, ... U •U ., -uo E-16 ,.... ___ __ .-.. , .,...i.n., - t..N t..oe '·" ,.oo O.Tt t.%'1 J.t1 I.U O.f.O 1-H J.u 1.00 a.w o....ao I~ l.•O o.•t 0.12 ,.u 1.11 0.14 t.U .... 1.00 DOWNSLOPE DIKE WIDTH If landslope is 3% or more, subtract rock layer width from adsorption width to obtain minimum downslope dike toe zo ft-J_Q_ft= /◊ ft Calculate mound height at edge of rock layer on downslope side; a. Determine depth of clean sand fill at upslope edge of rock layer: Separation I, Z. feet b. Multiply rock layer width by landslope to determine drop in elevation; Slope Difference 4 .iQ_ X 1._% + 100 =_,_/_ft c. Add depth of clean sand depth of clean sand for separation at downslope edge to depth of rock layer to depth of soil backfill to get mound height at downslope edge of rock lcryer; ~ft+_,_7_ft+ _L_ft+ I ft =~ft d. Enter table on page E-18 with landslope and downslope dike ratio. Select dike multiplier of ___._q---'· ._' .... I __ _ e. Multiply dike multiplier by downslope mound height to get downslope dike width: H x S:s~= -i1-ft g. Compare the values of step G.l and Step G.2.f. Select the greater of the two values as the downslope dike width; --2-2 feet h. Calculate upslope dike width using upslope mound height and upslope dike multiplier from page E-18; 3,2 x.3,/Z. =_J_Q_ft i. Total mound width is the sum of upslope dike width plus rock layer width plus downslope dike width; L£l_ ft + / t) ft + '2-']; ft = _A1:_ ft 3. If landslope is 2.9 percent or less, basal width includes both the upslope and downslope dike widths. a. Calculate downslope dike width using steps G.2.a. through G.2.f; _,_ fee b. Calculate upslope di e · dth using upslope mound height and dike multi lier from Page E-18; X ft= ft c. Add downslope di th to upslope dike width to rock layer width ft+ ft= ft E-18 Uownslope Upslope 3:1 4:1 S:! 6:1 7:1 3:1 4:1 5:1 ~ slope 0 3.0 4.0 5.0 6.0 7.0 3.0 ,.o 5.0 I 3.()9 U7 5.26 6.31 7.53 2.91 3.85 4.16 2 3.19 4.35 5.56 6.82 1.14 2..83 3.10 '-54 3 3.30 4.54 5.88 7.32 8.86 2.JS 3S1 4.35 ( 3.41 4.16 6.25 711J 9.n 2.68 3.45 4.17 s 353 5.0J 6£1 157 10.17 2..61 3.33 4.00 i---;___ . 3.66 q? 7.14 9.31 12.07 2.54 3.23 3JS 3.80 7..69 10.34 13.7.l 2.4.8 ..l.JJ.. 3.10 8 3.95 8.33 11.54 15.91 2.42 3.03 3.57 9 4.11 6.25 9.0'1 13.04 18.92 2.36 2.94 3.4.S 10 4.29 6£1 10.0 IS.OJ 23.33 2.31 2.86 3.33 11 4.48 7.14 II.II 17..65 30.43 2.26 2.71 3.23 12 4.69 1.fll 12.50 21.43 43.75 2.21 1.70 3.12 E-20 Ra:!< l•ve, width (d2) UQ·,~ Downslope dik.c w1c!t:-. :eJ 6:1 7:1 1:1 6.0 7.0 8.0 S.66 634 7 .. U 5.36 6.14 6.90 5.!JI 5.79 6.A.S 4.84 5.A6 6.()6 4..62 5.19 5.71 Ul UJ 5.41 4.23 VO 5.13 4.(15 U9 ua 3.90 Ul 4..65 3.7S Ul 4.44 3..61 3.95 4.26 3.49 3.a:J 4.03 PRESSURE DISTRIBUTION SYSTEM 1. Select number of perforated laterals __ 3_-__ _ 2. Select perforation spacing= 2 ft. 3. Since perforations should not be placed closer than 1 ft. to the edge of the rock layer (seep. E-14), subtract 2 ft. from the rock layer length. c;.;i ----2 ft. = ~ ft. Rock layer length -- 4. Determine the number of spaces between perforations. Divide the length above by perforation spacing and round down to nearest whole number. Length perf. spacing= G?Ott. + S ft.= Zo spaces (3) (2) 5. Number of perforations is equal to one plus the number of perforation spaces . Zo spaces+ 1 = Z I perforations/lateral 6. Multiply perforations per lateral by number of laterals to get total number of perforations. 3 2/ ~s X perfs/lateral = &3 perforations. 7. Determine required flow rate by multiplying number of perforations by flow per perforation (see page E -17) (;;,3 ,74 -t/1 perls X gpm/perf ---gpm. 8. If laterals are connected to header pipe as shown on page E- 15, select minimum required lateral diameter from table on page E-17; enter table with perforation spacing and number of perforations per lateral. Select minimum diameter for perforated lateral= 7= inches. 9. If perforated laterai system is attached to manifold pipe near the center, as on page E-12, perforated lateral length and number of perforations per lateral will be approximately one half of that in step 8. Using these values, select minimum diameter for perforated lateral from page E-17 as 1- inches. E-17a TABLE OF PERFORATION DISCHARGES IN er,' Head Perforation di.imeter (inches) 7/32 1 /4 1.0a 0.56 0.74 1.5 0.69 0.90 2.0b 0.80 1.04 2.5 0.89 1.17 3.0 0.98 1.28 4~ 1J3 1A7 2:.Q -----112 1.65 a Use 1.0 foot of head for residential svstems. bUse 2.0 feet of head for other estabu.s'hments E-17b M....um.lm allciwtibla Q.l=bd' r>f c..-a' D:b: pe:rl'CNJoal per l.u.enJ lO ~<la...O..:Oqc..-&n-.ioa ·paforwm ._,,, 1.25 inch 1.5 inch 2.0 in::n er ... > 2.5 14 18 28 3.0 13 17 26 3.3 12 16 25 4.0 11 15 ,~ _., 5.0 10 14 22 E-15 E-12 PUMP SELECTION PROCEDURI; A. Determine pump capacity: Gravity Distribution 1. Minimum suggested is 600 gallons per hour (10 gpm) to stay ahead of water use rate. 2. Maximum suggested for delivery to a drop box of a home system is 2,700 gallons per hour (45 gpm) to prevent build-up of pressure in drop box. Pressure Distribution 3. a. Select number of perforated laterals ____ _ b. Select perforation spacing= ____ ft. c. Subtract 2 ft. from the rock layer length. ~....,...,..--,--, -2 ft. = ft. Rock layer length -- d. Determine the number of spaces between perforations. Length perf. spacing = __ ft. + __ ft. = __ spaces e. ___ spaces+ 1 = ___ perforations/lateral f. Multiply perforations per lateral by number of bterals to get total number of perforations. x -.,..,..-= perforations. ~s perfs/lateral -- g. pen• X gpm/p<T{ = __ gpm. SELECTED PUMP CAP A CITY 11 gpm B. Determine head requirements: 1. Elevation difference between 12ump and point of discharge. __ Z.__c./_ feet 2. 3. 4. If pumping to a pressure distribution system, add five feet for pressure required at manifold --=.5,a___ feet Friction loss a. Enter friction loss table with gpm and pipe din meter. Read friction loss in feet per 100 feet from table. F.L.= 3,qq ft./lOOftofpipe b. Determine total pipe length from pump to discharge point. Add 25 percent to pipe length for fitting loss, or use a fitting loss chart. Equivalent pipe length -1.25 times pipe length =? 1 //0 x 1.25 = fa feet c. Calculate total friction loss by multiplying friction loss in ft/1~,,ft by equivalen?'ipc length. r-- Total friction loss = La 7 X .:3 I q 'j_ + 100 = __ ..::. __ feet Total head required is the sum of elevation difference, special head requirements, and total friction loss. S' + ~ ----z/ + ___ _ (1) (2) (3c) TOTAL HEAD --""E=----/-feet ~-Pump selection .. 1 1. A pump must be selected to deliver at least _!jJ_ gpm (Step A) with at least _j,_J_ feet of total head (Step B). END PERFORATION OF A PERFORATED LATERAL ~C,cu Cover r-•·--;p-L , '¾' Topaod , ,-Jf,f ~ ~. . . •--.-. · • 'l Layo< ol Geoltxlil• Fob<k. {o, ,,,._.. • Loamy Sond Lo:,er '. inch tore, of hoy °' ~lrow covn-ed ·• ·, • . • 'Mth red rosin paper) :I'.' . .,,.,, -1..4~ '',It} WerlurgJed J;oJern1.....,.....,,.,,,._,, -rerfo,otion o,Ul•d H011.1on1olly ~/.\F • r.-:•.,··•~ ,e, ~n~_7,op Near Top • ~1/,4 Plus ~.;_~-Al Leasl 12 lo Edoe \!;QfE!!LfJ.!1.~-~~'s•· ,-•. -~~ of Hock Loyer ' -PtrfU(Cltiuus Localed al Cleon Sand Loy•r Bollom of Latarol TAilLE OF PERFORATION DISCHARGES IN GPM Head Perforation diameter (inches) , I,, 'I, 1.0a 0.56 0.74 1.5 0.69 0.90 2.0b 0.80 1.04 2.5 0.89 1.17 3.0 0.98 1.28 4.0 1.13 1.47 5.0 1.26 1.65 a Use 1.0 foot of head for residential systems. bUse 2.0 feet of head for other establishments Pipe Length Point of Discharge Elevation Difference I F-18b 1.5 inch 2.0 inch 3.0 inch gpm Friction loss per l 00 ft of pipe 10 0.69 0.20 12 0.96 0.28 14 1.28 0.38 16 1.63 0.48 18 2.03 0.60 20 2.47 0.73 0.11 25 3.73 1.11 0.16 30 5.23 1.55 0.23 35 7.90 2.06 0.30 40 11.07 2.64 0.39 45 14.73 3.28 0.48 ~ ~ 0.58 0.70 60 5.60 0.82 Sizing of Pump Station 1. Determine Surface Arca Rectangle= Arca= L x W __ x __ = __ square feet Circle= Area= 1t x (Radius)2 3.14 x __ x __ = __ square feet Other= Get Surface Arca from Manufacturer __ square feet 2. Calculate Gallons Per Inch There arc 7.5 gallons per cubic foot of volume, therefore you must multiply the area times the conversion factor and divide by 12 inches per foot to calculate gallons per inch Area x 7.5 gpft 3 + 12 inchs per foot __ x7.5+12 =~gallons/inch .6~~ ~-9)-v& S,l)ec..<.r 3. Calculate Gallons to Cover Pump (with 2 inches of water covering pump) (Height (in)+ 2 inches) x gallons/inch (#2) Estimated Sewage Flows in Gallons per day (--1!2__ +~) x ~=~gallons 33· 4. Calculate Total Pumpout Volume p a. To maximize pump life sele~t sump size for 4 to 5 pump operations per day. 7.S-0 gpd + 4 = /f-3£3 gallons per dose b. Calculate drainback 1. Determine total pipe length, // 0 feet. 2. Determine liquid volume of pipe, 17, 4--ga lions per 100 feet. 3. Multiply length by volume: Drainback quantity= //0 feet x /7,4 gallons/100 ft.= '/9 gallons. c. Total pump out volume equals dose volume+ drainback /Efj gallons per dose+ /(2 gallons= Z 0 7 5. Calculate Volume for Alarm (typicaliy 2 to 3 inches) Depth (in) x gallons/inch (#2) = 'Z S x Z = .S-5q gallons 6. Calculate Reserve Capacity (75% the daily flow) Daily flow (see page D-7) x .75 = 7.S-O x .75 = £°''2Z. gallons 7. Calculate total gallons gallons gallons over pump+ gallons pumpout +gnilons alarm+ gallons reserve capcity #3 + #4 c+# 5 +# 6 '3!,(, + :Zo1 + ~ +5''=2 = / f~ / gallons 8. Total Depth (Total gallon divided by gallon per inch) Total Gallon (#7) + gallon/.inch (#2) 1 l~ I + Z.~ = _!:/.J_ inches 9. Float Separation Distance (equal total pumpout volume) Total pumpout volume (#4c) + gallons/inch (#2) '2.eJ'1 + '2. g. = _2_ inches (gpd) Number of Type I Type II Type JU Type Bedrooms JV 2 300 225 180 3 450 300 218 60% 4 600 375 256 of lhc values 5 750 450 294 in 6 900 525 332 1ypc I. 7 1050 600 370 II or l!l 8 1200 675 408 columns Pin<: diomelct /inches) G•llons ner 100 feel 1 4.49 1.25 7.77 1.5 ~ <rs 3 38.4 4 66.1 Reserve Capacity Alarm Pump On I Pumpoul Volume Pump Off Pump Height I -----------------I If -s:tii=-~r;p -o,d, ,A..,, J( s: s -/oo -~--I H -------= C.. /t!"ifii.> ; b I.Ji .s: 4----~--qq I b -74:~ -r q7#e --------- -____ --__Ii:fN K.-_rr__ _ _ ________ .. ----------- _-?A.,..KaL. ---e1,, Pb p~~! I R\B~. 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P~_t'2-0t6~_fi2.$.$:1_1$ L.-~ Y~ ~ Us- ______ -_:~-t~:?~:--~--·€.0~----e~~-3-:.::;cr~ t_ol/v'\Bt N~ t.,...> L Tr!. ___ (:) v~~ t~---'): __ :tJ.~ ~ )2,c~ A.l /t,j __ ~ ~~.! <; l"''Y...A:!J otJ /-..:·$ __ C~!~::.12-':~~-I}/V/ ,~~It~=-----'--- ----------·-·---····---------------------------- __________________ ...;__ ______________ _ ----------------------------------------- ---------·--------------- , -'- ~ S vl~~ f~c.,es.~ ~ UPfJ\j~ ~,,___ \ O'U. ~o T" "'rD eurt-,~ L-S I-<, . I? D [/J,41.,,/ '17~ rJ'/\J f/vlA.(p f-oCA.Pj?Ot-.J 7b f~.-IU/i f.J-.t1..t. ~ ,=i),e_ HA-~ t':::) V(:LO~~ N"T"". r a f w ~ W'4-S ~~)JING.~ p~ ,A~ t'El-1\J t.AN €vt.t L.-O~~ Ol-l rt,...CFr )eA?r7~ -rJ../-4.AJ A-~u;1...J:)A-,gt--9 t.-or ~ A ~ a,S ~S.e {)(_;.J (.Jp-a 1 ".: /N~N T WA$ rD / MMel:::./~Z...'-1 5 e7.--L-OPF f1-0 v'S ~ 0 f.J ~ r / £ UOC,,f<. / 0 AS A ~) (!) IA 77,,,0T c {/J C)L,/~ L.JkV~ B~c;;,N ~ s ~ LL:>, )tJ ~-'1J S vLlf. I VIS ID /\.J I c.A-tA-1 tJ C::. _;::al<.., Ce.;t,J S ~ c-Jr'/ r;/\..j O A. /2-oA-~ !s7 0 12.-t~o ~~ • C)wNt~ ~L AJ T f./J~ r -ro IA. I i--~ A A-_ ) AN D ~ s. rn L ~ ~ D-Pno-10 t:J ,e..o A-~ A:~ c:::..t. · s. s I ..1.)-.J'--PIA~ (2.-0~ ~ t::.DR. . @ IJJ ou.,Lb ~~ ~~1~~ C,Drlu,.rr~N OP s-P.'77c 77.__-{J.77N G ~I\..J c:. ";> -. ,;c.. {)1),-U, :s 8-+ .D ~C€>~ Ov\.~,-A ,AN~ ftu.V~ (2o~) &~ ~~ I () I.,{,~[ C I s ~ ~ /4-S ~ '-- C)... C<A L,..-~ -S'k AN~ l 8:./~ ~y- b. ,ec;A,b. O vt~'"T f~ CIA,LD ~ lf--Jv~ 2--e:i ~ VV\o~ L fJ C-t (Q.J~,...(b)P t--U 5 Le ,k-1.//N C: A--f-o ~t-..) r0te_ ~6!AJM70/\J - w \ 1:rt b ~ .. jr , /2-oht:> .J\C~ UZ)~ ~ubf:-1 lf'->'\tfrn: P~P~, o~rr A ~ f3. a.o ~ -ro F~~ oL-So/1..J f+ov<S~ ~ ~.PS. 01A ry--~ /C t~ VA~S. e~~~ o/\J t.A."77<:f"iS ~ ~ b / ,4.A-lb C)VLYL--01 c.. / ,$.__ f~ p~ ~ ' ) .b' 0~ CI tl...-bo ve I § 10.03 Subd. 7. One Building Per Lot. Except in the case of Planned Residential Developments as provided for hereinafter, no more than one principal building shall be located on a lot except that staff may issue a permit to use a manufactured home that shall meet all required setback standards or an existing dwelling while a - new principal structure is being constructed. Such permit shall be issued for a period of 3 months, any extensions must be approved by the City and shall expire upon issuance of a certificate of occu~ancy for the new structure and such structure removed. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 Subd. 8. Lots to Face Streets. Each lot shall face on a public street or appropriate private easement. Subd. 9. Accessory Buildings. A. Time of Construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. B. Height Restrictions. No accessory building in the "R" District shall exceed the height of the principal building, nor shall an accessory building exceed 30 feet in height. Source: Ordinance 72, 2nd Series Adopted: C. Area Restrictions. In all "R" Districts no accessory building shall exceed 1,000 square feet of footprint area except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of foot- print area in excess of 1,000 square feet, except that the following non-roofed accessory structures which exceed 1,000 s.f. f ootpr int area are not considered as "Oversize Acee s s .ory- Structures", but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): -Tennis courts -Pools, when pool basin structure (excluding non - encroachment-type patios) is greater than 1,000 s.f. -Paddocks or arenas ORONO CC 255 (4-1-84) § 10.03 2. Oversized Accessory Structures are regulated by the following table: Maximum Allowed Maximum Individual Total of __All Accessory Accessory Structure Structure Footprint Areas* Lot Area FootErint Area on a ProEerty 0-1.99 acre 1,000 s.f. 2,000 s.f. 2.00-3.00 acre 1, 2_00 s.f. 2,400 s. f. 3.01-3.50 acre 1,400 s. f. 2,800 s. f. 3.51-4.00 acre 1,600 s.f. 3,200 s. f. 4.01-4.50 acre 1,800 s. f. 3,600 s.f. 4.51-5.00 acre 2,000 s.f. 4,000 s.f. 5.01-6.00 acre 2,200 s.f. 4,400 s.f. 6.01-7.00 acre 2,400 s.f. 4,800 s.f. 7.01-8.00 acre 2,600 s.f. 5,200 s.f. 8.01-9.00 acre 2,800 s.f. 5,600 s.f. 9.01 acre or more 3,000 s.f. 6,000 s. f. * Excluding non-roofed tennis courts, pools, paddocks, arenas 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30' from the side or rear lot line regardless whether less strict principal structure setbacks apply. b) The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever is less. c) Such structure sha 11 be al lowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. ORONO CC 255-1 (8-14-:89) § 10.03 ii. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. 111. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shal 1 be filed in the chain of title of the property. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 D. Location. No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street, accessory buildings located within the street or rear yards of such lots are subject to the setback requirements of Section 10.23, Subdivision 6 (B), Section 10.24, Subdivision 5 (B) and Section 10.25, Subdivision 6 (B) except that detached garages may be located 10 feet from the street or rear lot line when doors face away from the street and a turn-around is provided on site. This section shal 1 not apply to lakeshore lots divided by roadways or corner lots. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 1. Location of Principal Building to Lakeshore. No principal building shall be located closer than 75 feet to the natural ordinary high water mark of a lake abutting the property. This lakeshore setback shall be determined as the mean horizontal distance between the natural ordinary high water mark on the lakeshore and the allowable building line. 2. Variance From Lakeshore Setback. Any application for a variance from the requirements of It·em 1 ab_ove shall be referred to the Minnehaha Creek Watershed District for its approval before final action by the Council. ORONO CC 255-2 Source: Ordinance No.· 155 Effective Date: 2-14-74 (4-L-84) § 10.03 E. Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 Subd. 10. Conditional Use Permit Required. All acces- sory buildings on through lots located in "R" Districts shall require a conditional use permit. Subd. 11. Dwelling Use Prohibited. No cellar, basement, tent, trailer, or accessory building shall at any time be used as an occupied dwelling. ORONO CC 255-3 (4-1-84) I , ,p11uuu1, nN SS441 Phone: 476-5317 Engineer: Don Peterson 3048 North Shore Drive Wayzata. MN 55391 Phone: 476-5317 Date Prepared -August 25. 1994 Prepared by: lot Surveys Co., Inc. 7601 73rd Ave. N. Brooklyn Park, MN 55428 Phone: 560-3093 Owner: Robert S. and Margaret W. Olson 4645 Bay&ide Road Orono, MN Description: Lot 2, Block 1. BAYVIEW FARMS county of Hennepin. MN subject to easements of record Owner: Irvin T. and Marjorie L. Geffre 4665 Bayside Road Orono, MN Description: lot 1, Block 1, BAYVIEW FARMS county of1Hennepin, MN subject to easements of r~cord. Total Area 19.5 Acres Total Number of Lots 2 Total Number of Outlots 4 Lot Artas Loi I , Blk. I 2 .75 Acres'! Outlot A 0.28 Acres! Oullot B 0. 32 Acres i Out lot C 14.13 Acres! Delineated Wetland I.I Acres!. Out lot D 0.07 Acres!: Lot I, Blk. 2 1.94 Acres! All distances are approximate and subject to change on final plat Topography from -City of Orono Water supply -Well Sanitary Sewer -Septic TYPICAL LOT I ·---;:-... --1 !-6 I I l-w W O LL; 0 ... W 0 __J 1l.) < u U) 0 .. ,. ,i.: •·, \_ 254.6 I I I· I I I I I I _j I I I -~' I ~- -✓-..,_ _ -, lo I (_) I I I 7~ I '·.::-. • •• T •• • ~ ·~ --. ~ ND/ ~ \ I I. \_ P' tm-+· F .. ,. ,r': ll,·, ---- --~-----· ---, - it"' t~ --0 --c:. .. K U ts t. t'< I UL~UI\J .., ---------··-·---·-··------· ------·------cc~;~~: Y r<c:,:J :8 '3 II '/l~triC :8 \ r, I ~.),J._ ~. ('I 8 ~ I~\./' -,• :"O;.~) J21.sa-·----._ .----·-N 89°45' 00" · E r'\", ,, ,,r -,, r-<: L \ y I/ Ir ,,'v' '-·" I I \ I '--' • ;, :--------t ---;-----1------------: I\ 0 , \ ,,... 1 -1 1 • I , • ,. I I II) I ...._ I / I 10 - 1 r- r " r " 1 L\ r< ~1 ◄ C' CX) 'f" .,. ..... I .¼ I •'I I <) \ I '\ I /1 '• .... ,, " ';1~ I 1---5 I I I I J ~ /J1-.. ~; I I I I I ~ -51 ~\ ~ ~ V ~ '\ ~~ ~ ~ ,, ~ . ~Q, :x> • ri,7 O ~ I I I I 8,t.;; "~ l.,J I I I I I £ 0, I N 89°45' 00" E .,.-·j ·-148.50 ·------ ~ ."S b . ~C\ .,.. ..., C:,~9'°' -<. o 11 f1-9' /, J-\g • -3 1 l 1 t I I I -r---~ \ // ✓;\,/ \,' (JV /// ~ i' A;)· 4-'vc..;, ~G ~ o1 o1 / I Ill i 1 '.lMETAL / I q~ s-, N a9•45• 0 r z ~ :-:·~---179.35 ~ P' E ---------1- / ~"{. ...,, cl' 01 lO ---I 1 . l \/ • \-.. I I I (0 CX) en .... a or- L&J . . CX) t') . (0 n 0 0 a (/) I I I I'..._ (' ._) -.. I ..... [;;' ~ tJ.."" -..1-- (~ (....,, ...... ., . \ ..... ., .... r· 'I ( >--i '-. I ' ,_ ~--' I -• /_ I .... ( ✓ \ .... -....... ... ~ - V ,...).. ' '-1_) ' "' (/1 & co/ ~ cO' ~- " S 69. 'SJ, <J•• t QJ '-<. r L_.., .... .,, , .... .. -. ,...) .... _ I.. --( "" -_ ... V ' ... T' _,_ 7~ :t •.i ~<' ..., ~' { r~_> ri I \ I ~~p ,_. ~ I ~ ~ ?-Vy_, T"" 1--r~_:YO -y n ~~ ; L&J \ N;.. .. ~ a . . ' IX) ,.., ,.; Ol r--- t') .... • a a \J ~ \ I \ I I I ... ... 10 ---1 I I 1 r- 1 0 UTILITY AND DRAINAGE .-r.·::.:·.'.~·:::~1 .' \ : 0 • _ .• :,·· EASEMENT I I I -.-···· •. -· I ! I I J , ... ··· ,•·· I / \ ~--------------------------------L--~-------------------------· -·--N 89°37' 07" E 657.56 -----·-· ~ -· / .. ,:,.. ' .-::,.'-,,,/ - = ::: :-, "--. \ \ -\ ! i I : I • I J I ' ' 1 / I I / i / / ! ' I I i r r C I .. I I --' I i i I -, : . i ' I i .. I I : I I ! ! \ \ ' ./ / i ( I . \ 1 ; I •. I . I l ' , I \ -• l \ , I i \ \ \ \ ' \ / ' ( I .. / . ) r -"--. ' ' -----.____ -----.____.__ --------._____, \ \ \ ... ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 19, 1994 ROLL The Orono Planning Commission met on the above date with the following members present: Vice-Chair Stephen Peterson, Sandra Smith, Charles Nolan, Jr., and Janice Berg. Chair Charies Schroeder, Dale Ltndqwst, and Candace Rowlette were absent. Assbtant Planning and Zoning Administrator Michael Gaffron and Recorder Sherry Frost represented Staff Mayor Edward Callahan and Councilmember J. Diann Goetten were present. Vice-Chair Peterson called the meeting to order at 7:00 p.m. (#1) #i800 -MICHAEL PLANK, 4115/4125 WATERTOWN ROAD - SUBDNISION OF A LOT REARRANGDIENT -RENEW AL OF 2/16/93 APPROVAL The Affidavit of Publication and Certificate of Mailing were noted. It was moved by Peterson, seconded by Smith, to table Item #1800 to the October 17, 1994 Planning Commission Meeting . Ayes 4, Nays 0. (#2) #1914 -THOMAS G. & PHYLLIS COLWELL'TIM & BETH TRAFF, 2640 NORTH SHORE DRIVE/1130 OLD CRYSTAL BAY ROAD -SUBDIVISION OF A LOT LINE REARRANGEMENT -REVISION The Affidavit of Publication and Certificate of Mailing were noted. The applicants were not present. It was noted that the revjsion was minor and not a substantial change from the previously approved layout. It was moved by Peterson, seconded by Berg, to recommend approval ofitem #1914. Ayes 4, Nays 0. (#3 #1967 -DONALD R.. PETERSON, K-P PROPERTIES, JNC./JRVIN GEFFRE, 4645/4665 BAYSIDE ROAD -PRELIMINARY SUBDNISION AND LOT LINE REARR.i.\NGEMENT The Affidavit of Publication and Certificate ofMailing were noted. Mr. Peterson was present. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 19, 1994 (#3) Item #1967-D. Peterson/Geffre -Continued Gaffron stated property is located South of Bayside Road, East of County Road 19. The initial request was involving six lots to include the Geffre and Olson properties. Applicant's have been working with staff on this project. The City's two primary goals have been to create suitable access locations and drainfields that would meet the 6% slope limit for mound systems. At this point, applicant wishes to separate the Geffre residence from the application, split off the Olson house from their 17.5 acre par~ so it can be sold and designate the remainder of the Olson property as Outlot A to be platted later. If this is done, the City would need to a)restrict Outlot A to be created for future development only, b)require Park Dedication Fees due when Outlot A is platted, and c)require future platting of Olson property to conform to the lot width, area, and setback standards of the RR-lB Zoning District. The developer is anticipating submittal of a four or five lot plat later this year. The applicant submitted a revision stating the simple lot division would not allow a curved line .. The surveyor created a new outlot for a future driveway. D. Peterson said notices had been sent out for the future five-lot division. This drawing is to show the City what the current plans are for splitting off the house. The revision changed the 30' setback from the deck to 50'. Copies of this revision were handed out to Commission members. D. Peterson stated the reason for the application at this time was to facilitate the sale of the Olson residence. A review of the septic evaluation had been done, and D. Peterson said the conceptual five-lot plan needed to be revised to four lots. A lot division or plat for the four-lot revision would require time that the Olson's do not have if they wish to close on their property. D. Peterson also remarked that a legal matter is in question whether the outlot is needed. At this time, D. Peterson is asking for approval for one existing lot and an outlot which would be unbuildable without a plat. Smith asked if this would be setting a precedent, and Gaffron stated that the City would nonnally approve only an outlot that has an access. D. Peterson said this would cause Geffre to be less than two acres and therefore, non-conforming, without Outlot A deeded first to Geffre. Gaffron said this only makes sense in the big sub-division picture. To gain the easement that the Geffre lot would provide, Nolan asked D. Peterson why the trade of properties under consideration is not being done at this time. Peterson said this would be done before the next meeting but, meanwhile, the Olson sale would fall through, and asked only for approval or denial from the Planning Commission in order to move this matter forward to the City Council. Nolan asked about the desirability of having the access to the outlot instead of County Road 84. Gaffron said the County will require access to both houses to be on the new road. Gaffron stated a conceptual agreement would need conditions attached to it. 2 1vITNUTES OF THE ORONO PLANNING COM.MISSION MEETING HELD ON SEPTEMBER 19, 1994 (#3) Item #1967 -D. Peterson/Geffre -Continued Peterson moved, Smith seconded, to deny the application #1967. Ayes 3-Peterson, Smith, Berg; Nays I-Nolan. #4) #1895-PAT WOLFE, 2871 CASCO POINT ROAD-AFTER-THE-FACT VARIANCES -PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. The applicant was not present. Smith noted applicant assumed the item was being tabled at his prior request. It was moved by Peterson, seconded by Berg, to table Item #1895 for review at the October 17 meeting. Ayes 4, Nays 0. (#5) ITEM #1948 -FRANK KOKESH/JOAN M. HARMON, 4100 WATERTOWN ROAD -CONDITIONAL USE PERMITSN ARIAN CE-CONTINUATION OF PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. Gaffron noted the applicants attorney had requested tabling. It was moved by Peterson, seconded by Berg, to table Item #1948 to the October 17, 1994 meeting of the Planning Commission. Ayes 4, Nays 0. (#6) ITEM #1953 -WILLIAM ALLEN, 3475 LIVINGSTON A VENUE - VARIANCES -CONTINUATION OF PUBLIC BEARING The Affidavit of Publication and Certficate of Mailing were noted. Mr. Allen was present. Item #1953 was tabled from last meeting pending receipt of an updated survey which has been received. This proposal is for an addition to the house and a deck. The separation between this addition and the garage would be only 3+ ft where 10 ft is required. Applicant is asking for a side setback variance from the ten ft requirement, and a setback variance between the buildings. No hardcover variance is required since the property meets the 35% limit, and no structural lot coverage variance is required since the property meets the 1500 sq ft allowed per code 10.03 subdivision C. J VI C t7 /\) I ~5 -----..... _/ L -1?:- ~ ('-( \I It-.·~, "\, ,r '--' \.}'-'I ,J I I F< C) ,-\ '.~) fr:; A '.'Cll)C 'l.--1 r-, I ,.) , 1.... '- N 89°45' 0.0" · E :z , .. 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P.03 .-: t~· -J;,')':'CI TYOF ORONO .. -;. l t:: __ ._,, r~~i t<1:~B,~c;ti · ;~ f.: f. -· , ;. .. , he · Planning : Commission -' will • hold ;cheduled :·public·:-hearings , in the · Council Chambers · at 2780 ·Kelley Parkway on Monday, September 19, 1994 on the_ matter of · reviewing the following land use applications : ·. 1. 7:00 p.m: ·-·#1800 Michael Plank requests renewal 1. of .the Plannin·g Commission's _ February · 16 , 1 1_993 recommendation for approval · of a_ proposed residential subdivision of a . lot line rearrangement of the properties located at 4115 and 4125 Watertown Road . · · 2 . 7 :15 p.m. -#1914 Thomas G. and Phyllis Colwenmm ' and Beth Traff request approval of a revised proposal for su~1v1s1on of a . lot line rearrangement involving the ! properties _l~ted_ a_t .?640 North Sh~re Drive ! and 1130 u,a L;rystaJ l:)ay f'!oad . · ! · 3 . 7:30 p.m . -#1967 Donald R. Peterson-· of K-P Propert ies , Inc. and Irvin Geffre 1 propose a subdivis ion and lot line I rearrangement to create five additional _two acre residential lots in property located at .. 4645 and 4665 Bayside Road . · , All ·persons wishing to be heard will : appear a the specified ' times. Written · comments are solicited . Plans are available in the City offices for review, by appointment · . ' City of Oronci : ·· ·:t ,,.·,;. \ · 1 · By: Plannin_g,_~ommission { '. ,. , . Michael P. Gaffron . -.• -.'; .;:.~. ~.-: i Asst Planning & Zoning ~dministrator1, '· - . . . --i·_;:'; .... 'i ', .-~-~-} (Published ,i,~~~~~=_r:.•~~ Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota , and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A .07, and other applicable laws, as amended. B.) The printed\\ o\; k·. l u.""cl Us.; which is attached was cut from the columns of said newspaper, and was printed and published once each week for \ successive weeks: It was first published Monday, -U--. .-, . the ~ -day of ~k~'P-vr 19~. and was thereafter printed and published every Monday, to and including Monday, the ___ d~19-. _; Authorized Agent Subscribed and sworn to me on this S~ dayof~~-~c ,19~. By: (1) Lowest classified rate paid by commercial users for comparable space: $10.96 per inch. (2) Maximum rate allowed by law for above matter: $10.96. (3) Rate actually charged for above matter: $6.16 per inch. Each additional successive week: $4.24. PETERSON ENVIRONMENTAL CONSULTING, I NC. August 11, 1994 Mr. Don Peterson '# 1120 East Wayzata Boulevard Wayzata, Minnesota 55391 Re: Bayview Farms Delineation Orono, Minnesota PEC Project No . 94-074 Dear Don: .,-._ {.· "\~ (.· . ';, u } 7 ' As requested we have reviewed the above referenced site for jurisdictional wetlands. Two jurisdictional wetlands exist on the site. These basins were staked in the field on August 11, 1994. The following is a summary of our findings. METHODOLOGY Wetland boundaries were delineated using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (Interagency Task Force on Wetland Delineation, 1989) as mandated by the Wetland Conservation Act of 1991 (WCA). Because the 1989 manual has more conservative requirements than the Corps of Engineers Wetlands Delineation Manual (1987), our delineated boundaries should be consistent with or more conservative than those we would arrive at using the 1987 manual. The delineated wetlands have been classified according to the methodologies set forth in Wetlands and Deepwater Habitats of the United States (FWS/OBS Publication 79/31; Cowardin et al.) and Wetlands of the United States (USFWS Circular 39; Shaw and Fredine 1971 ). Plant species referenced in the text have been assigned a wetland indicator status according to the National List of Plant Species that Occur in Wetlands, North Central (Region 3) (USFWS Biological Report 88(26 .3; May 1988). A plus or minus sign attached to a species' indicator status means that the species falls on the high or low end of the wetland frequency range for its classification, respectively. The various indicator categories are as follows: 3209 West 16th Street, Su ite 207 ■ Edina , Minnesota 55435 ■ 612-831 -8565 ■ Fax 612-831-8735 Mr. Don Peterson August 11, 1994 Page2 ··- Obligate Wetland (OBL): Species occurs almost always (estimated probability >99 percent) in wetlands under natural conditions. Facultative Wetland (FACW): Species usually occurs in wetlands (estimated probability 67 to 99 percent) but occasionally found in non-wetlands. Facultative (F AC): Species equally likely to occur in wetlands and non-wetlands (estimated probability 34 to 66 percent). Facultative Upland (FACU): Species usually occurs in non-wetland (estimated probability 67 to 99 percent) but occasionally found in wetlands ( estimated probability 1 to 33 percent). Obligate Upland (UPL): Species occurs in wetlands in another region but, under natural conditions occurs almost always (estimated probability >99 percent) in non-wetlands within the region specified. Species that do not occur in wetlands in any region are not found on the National List. No Indicator States (NI): Insufficient information available to establish indicator status. For an area to be jurisdictional wetland, more than 50 percent of the composition of the dominant species from all strata (e.g. trees, shrubs, groundcover, etc.) must be OBL, FACWand/orFAC. Soil profile pits were dug at random intervals perpendicular to the wetland/upland continuum. Soil colors were described according to Munsell Soil Color Charts (1992 Revised Edition). The soil pits provided an assessment of current hydrologic activity. WETLANDS IDENTIFIED Basin A Basin A, located on the east side of the parcel, is approximately 0.84 acre in size and consists of an intermittently exposed palustrine unconsolidated bottom excavated basin within a temporarily flooded palustrine emergent (PUBGx/PEMA; Circular 39 Type 3, Type 1 inland fresh meadow) wetland. An island in the center of the excavated pond exhibits both wetland and upland vegetation. The National Wetland Inventory maps the wetland basin as PUBGx/PEMA (Figure 1 ). Dominant vegetation within Basin A includes reed canary grass (Phalaris arundinacea, FACW+), Kentucky bluegrass (Poa pratensis, FAC-), prairie cord grass (Spartina pectinata, F ACW), stinging nettles ( Urtica dioica, F AC), Canada thistle ( Cirsium Mr. Don Peterson August 11, 1994 Page3 arvense, NI), duckweed (Lemna minor, OBL), crested sedge (Carex cristatella, OBL), upright sedge (C. stricta, OBL), lake sedge (C. lacustris, OBL), box elder (Acer negundo, FACW-), black willow (Salix nigra, OBL) and common buckthorn (Rhamnus cathartica, FACU). The upland adjacent to Basin A is dominated by Kentucky bluegrass, scattered patches of reed canary grass quackgrass, (Elytrigia repens, NI), Canada thistle (Cirsium arvense, NI), smooth brome (Bromus inermus, NI) and Canada goldenrod (Solidago canadensis, FACU). The SCS Hennepin County Soil Survey (HCSS) maps this basin as Hamel loams (Figure 2), which are on the Hydric Soils of Minnesota list (revised October 1, 1990). A typical soil profile is described as 0-18 inches of silty clay loam with a Munsell color matrix of N2.5 with 10YR2/1 colored. Soil saturation was encountered at approximately 19 inches below the surface. The soils on the upland side of the staked boundary exhibited lighter matrix colors and a lack of hydric soil properties (i.e. mottling, gleying, oxidized root channels, etc.). Basin B Basin B, located on the west edge of the property, is approximately 0.04 acre in size and is classified as a temporarily flooded palustrine emergent (PEMA; Circular 39 Type 1) wetland. The National Wetland Inventory maps this basin as PEMCd. Dominant vegetation noted within Basin B consists of reed canary grass, Kentucky bluegrass, nut rush (Cyperus sp.), Canada goldenrod, green bulrush (Scirpus atrovirens, OBL), slippery elm (Ulmus rubra, ), and blue vervain (Verbena hastata, FACW). The adjacent upland vegetation is comprised of quackgrass, smooth brome, Kentucky bluegrass, reed canary grass and Canada thistle. The HCSS maps Basin B as Cordova silty clay loams. A typical soil profile is as follows. Location Depth in Texture Munsell Color Inches East edge of wetland 0-4 silty clay loams N2.5 4-18 silty clay loams N2.5 with faint Mr. Don Peterson August 11, 1994 Page4 mottles 1 OYR2/1 No soil saturation was observed within the soil profile. The adjacent upland soil profile did not contain hydric characteristics. Best regards, Peterson Environmental Consulting, Inc. ~ ScottKrych Project Manager Enclosures _;1t::,d PEMFd :J \'\11,/'' \ , ·~ l\ 1 °'\PE f PEM~ P069x · c:/ MC PEMC . 3i:[ 1 • 'f; --e l ;ore, , , _. l_ _ .· -~--. L· r , -,_ PEMC · -. '\ ', ,I PEMCd Je.nnings I - I «I.I? . /)~ LIU8H F. igure 1. Nati I onaF'.\¥etla, d nventory Mi .·-n Scale l"= 2 OOO'ap t ' ·, . N -JNTY, MINNESOTA SHEET NUMBER 42 Legend Co-Cordova KkB -Kilkenny loam 2-6% K1C2 -Kilkenny clay loam 2-6% eroded KkC -Kilkenny loam 6-12% ' LrE-Lester loam 18-24% Ha -Hamel loam n Figure 2. SCS Hennepin County Soil Survey Scale 1" = 880' t N lo!~' \(,, 1M~-t ><)! \\ 'l"f'. ·l' ;-' · .. ,t · .. ,,. ~II \ -~ 1;. r,,.o/-;.· 11;!'! .. ·" ~/ \ ~> 1 ·;; 1..y/ •' ·: )l' ·\.t~ r"', \" > !f '. ,~";c}'..,; -l •. ,-A,'-' /, "":;;__~h' "-•--,,\ {~"'~ ~~ : ~ rrlv9 OROJJ Municipal Offices Post Office Box 66 Crystal Bay, Minne;ota 55323-0066 ON-SITE SEWAGE TREATMENT SYSTEMS: SITE EVALUATION FOR SUBDIVISION (Applicable to unsewered areas only) At the time of filing an application for preliminary plat approval, the developer is required to provide a site evaluation report confirming that each proposed building site has sufficient suitable soil for on-site sewage treatment. Required submittals are as follows: 1. Plot plan which shall be a copy of the preliminary plat drawing showing all existing structures, wells and drainfield systems and all proposed building sites, well locations, primary and alternate drainfield locations. 2. Site evaluation report which shall tabulate data from scil borings and percolation tests on each proposed building site of less than five (5) acres. 3. Copy of the current compliance inspection report for each existing on-site system within the subdivision boundaries. 4. Site Evaluation data showing that an alternate drainfield site exists for each existing on-site system within the subdi-.:.rision boundaries. 5. Where the site evaluation shows slopes in excess of 12 percent, percolation rates slower than 60 minutes per inch, ground water table less than 5 feet deep or soil classification requiring innovative system design, the site evaluation report shall also indicate specific system design specificatiQns as normally required for construction permit applciations. GENERAL REQUIREMENTS 1. Site evaluation reports shall be accepted only if signed by a City licensed, MPCA-Certified Site Evaluator. A list of licensed site evaluators is available. 2. Evaluation Report. Proposed sites for all on-site sewage treatment system construction or alteration shall be fully explored, evaluated and reported. The City of Orono shall be notified at least 24 hours prior to any soil boring or percolation testing so that an inspector may be present at the site. The location of all soil borings or percolation tests shall be indicted on the plans and certified by the site evaluator. No soil testing shall be undertaken when the soils are frozen. TELEPHONE -473-7357 • FAX . 473--0510 ON-SITE SEWAGE TREATMENT SYSTEMS Page 2 3. Description of Site Evaluation Report. Each report shall include a plot plan and supporting data. _ A. Plot Plan -A scale drawing of the entire lot showing the following: 1. All property lines and lot dimensions. 2. All existing and proposed structures. 3. All existing or proposed well locations,· or water supply piping. 4. Relative elevations of house, lot corners and drainfield areas. 5. Slope or ground at drainfield sites by contour lines or direction arrows and slope percentages. 6. Location of all percolation test holes and soil borings with identifying symbols and relative ground elevations of each. 7. Primary and alternate drainfield areas identified. A minimum of six (6) soil borings and six (6) percolation tests is generally sufficient to identify primary and alternate sites. 8. Distance from primary and alternate drainfield areas to property lines, well locations, and any lake, stream, mar sh or drainage channe 1 within 7 5 feet of any part of the system. B. Site Evaluation Report -The supporting data recording the information gathered by on-site soil analysis including: 1. Log of all soil borings keyed to the plot plan showing diameter and depth of hole, soil profile and ground water conditions. 2. Log of all percolation tests keyed to the plot plan showing diameter and depth of hole, soil profile, percolation rate expressed in minutes per inch and ground water conditions if encountered. 3. Description of the testing methods and equipment used. 4. Date ( s) of testing, name, and MPCA Cert if i ca te Number of Site Evaluator. GENERAL SITE REQUIREMENTS 1. Site evaluation should identify enough area for a primary and an alternate (future) system on each lot. 2. Setbacks: A) B) Septic tanks from: House= 20' minimum Well= 75' minimum Lake, Stream or Wetland= 75' minimum* Drainfield from: House, driveway, patio, pool, tennis court, other forms of hardcover which potentially drain surface water onto drainfiel4 = 20' minimum ! *Certain lakeshore areas will have more restrictive setbacks. check with the City staff. Please ~# 1 (~\ t:~ 1.-7. ' ., •.-' \ •\ ' t . . ti""-.o-1 <•' J . ~., ~ '. CITY of -_ORONO Municipal Offices Post Office Box 66 Crystal Bay, .Minnesota 55323--0066 DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your zoning request with the City of Orono or any of its departments may require you to furnish certain private or confidential information. First You are notified that: 1. The information you furnish will be used to determine your qualifications for approval. 2. You ·may ·refuse to supply data, but refusal may require that the City deny the request. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the request. 4. If your request requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 15.165 to review private data on yourself. 6. Your full name is required to process this application. K-P Properties, Inc. Middle 12435 42nd Ave. No. Last Address City 476-5317 Phone Plymouth MN. 55441 State Zip I understand my ·-rights as stated above. , President S.1.gna ._ure TELEPHONE -473-7357 • FAX -473-0510 513.04 RIGHTI3 OF SUBJECTS OF DATA Subdivision L Type of data. The rights of individuals on whom the data is stored or to be stored shall be as set !orth in this section. Subd. 2. Information required to be given individua.L An. individual esked to · supply private or confidential data concerning himself shall be informed of: (a) the purpose 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 arising from his supplying or refusing to supply private or confidential data.; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue mav olace the notice reauired under this subdivision in the individual income tax or orooertv tax rerund instructions instead o! on those rorms. Subd. 3. Aceess to data by individuaL Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shs.11 Se informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual c~sts of making, certifying, and compiling the cooies. · The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not aceura.te or complete. An individual may contest the accuracy or completeness ·of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete da~ including recipients named by the individual; or {b} notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual1s statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions '?f the administrative procedure act relating to contested cases. CITY OF ORONO NOTICE The Planning Commission will hold scheduled public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, September 19, 1994 on the matter of reviewing the following land use applications: 1. 2. ,, :, . 7:00 p.m. 7:15 p.m. 7:30 p.m. #1800 Michael Plapk requests renewal of the Planning Commission's February 16, 1993 recommendation for approval of a proposed residential subdivision of a lot line rearrangement of the properties located at 4115 and 4125 Watertown Road. #1914 Thomas G. and Phyllis Colwell/Tim and Beth Traff request approval of a revised proposal for subdivision of a lot line rearrangement involving the properties located at 2640 North Shore Drive and 1130 Old Crystal Bay Road. #1967 Donald R. Peterson of K-P Properties, Inc. and Irvin Geffre propose a subdivision and lot line rearrangement to create five additional two acre residential lots in property located at 4645 and 4665 Bayside Road. All persons wishing to be heard will appear at the specified times. Written comments are solicited. Plans are available in the City offices for review, by appointment. City of Orono By: Planning Commission Michael P. Gaffron Asst. Planning & Zoning Administrator To be published the week of September 5, 1994. CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Julia Dziuk, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1967, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 30th day of August, 1994. / I \ -/i.La '-!_~ JuYia Dziuk CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, September 19, 1994 at 7:00 p.m. or as soon thereafter as possible on the matter of reviewing the following land use applications: 1. #1895 Pat Wolfe, owner of the property located at 2871 Casco Point Road, seeks approval of after-the-fact hardcover, average lakeshore setback and lake setback variances for the reconstruction of a shed located within his lakeshore yard. 2. #1959 James W. Ogland of 3345 Crystal Bay Road requests after-the-fact approval for an accessory shed located partially within a public right-of-way and not meeting the required side or rear property line setbacks. 3. #1960 Tor Jansen on behalf of Navarre Congregation of Jehovah's Witnesses, 3655 Togo Road, requests a variance to the 35% hardcover limitation in the 500-1,000' hardcover zone for expansion of the existing church parking lot. 4. #1961 Warren L. Paschke of 3349 Crystal Bay Road requests variances for side setback, lakeshore setback, average lakeshore setback, and hardcover in the 0-75' zone for replacement of a deck and railing above the existing garage. 5. #1962 Ron Bowen of Prairie Restorations, Inc. on behalf of Bruce B. Dayton requests a conditional use permit for excavation of a pond involving the removal of approximately 100,000 cubic yards of material on property located at 900 Old Long Lake Road. 6. #1963 Engen & Kozojed & Associates, Inc. requests a lot width variance for construction of a new single family residence to replace the existing residence on property owned by James and Camille Farley at 15 Orono Orchard Road South. 7. #1964 Glenn Reinsch on behalf of Calvary Memorial Church at 2420 Dunwoody Avenue requests a square footage variance for a sign proposed to be located on the north outside wall of the church school building. 8. #1965 Gustafson Design on behalf of James Lear, 2525 Dunwoody Avenue requests a conditional use permit and variance for grading and excavation within the 0-75' lake shore setback zone to construct retaining walls. 9. #1966 Gustafson Design on behalf of Douglas Olson, 2601 West Lafayette Road, requests a conditional use permit and variance for land alterations in the 0-75' lakeshore setback zone for replacement of existing retaining walls, and hardcover and setback variances for construction of a spa located in the 0-75' lakeshore setback zone. 10. #1968 Keith and Vivian Bangert request variances for lot area, lot width, 0-75' hardcover, and grading and tree removal in the 0-7 5' lakeshore setback zone for construction of a driveway and a single family residence on the vacant parcel at 3500 Bayside Road, also known as PID #05-117-23 13 0()15. 11. #1969 City of Orono requests a street setback variance for construction of a new parking lot at the City-owned Crystal Bay Post Office, 1355 Brown Road South. All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available in the City Offices for review, by appointment. Michael P. Gaffron Asst. Planning & Zoumg Administrator To be published the week of September 5, 1994. ---L A i t i /'\ I I I I _ _j .,,,~.,,. l ' I / I' I l 26.19 2 ◄6. 18 ( \ \) OUTLOl 0 = ::, ~ _(7) 0 ,.; \!? ig_ 6 ~ GOVT \ OUTLOT C ( 10) _./;·,,.--··-~, i ' i ' ··~-~ ...... _.,/' ~· :1~ 8 ! ( 6) ~,~ 0 i I :!09~ S8 .,,., ··11""" ·-, r:t ) ,-;--1 I \ . --\ \ J(;,7111-1--~. ■ ! ~~ l ~l ( I) ru I ◄ \1 N89'58'02"E 539.4 ◄ - JC9 . 85 . : 84. 95/ ,•~ ..-: . : ~~ ~~> ,.._. 1,' ' I I 229. ~ (9) ~o~ ~~i·~r 4J· ~ ( 5) 0 ~· -,i:::, 179 35 rt !El ~ .f ' . ~ I - 1~ . . "' ~ .. ~ ~ 0' 111. 78 Z76. j1 151 . 3 ,i::: OUlLOT A 388. I ◄ ( I 5) ~ 0U1l01 «>' N "' . "' 1.z f-. I' ·r"'•~ .. 402 . 86 ( 2) B "' <O . ~ <0 "' !'.:! ~ 4l2 ,T3 ,.., I I"--◄ (6) - 61 I ·.b tJ -------..... 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