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MUNICI TECH I <I DATE
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··-----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
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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
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. PROPOSE;D J .. ITT DIVISION
ROBERT~:-· OLSON
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Established in 1962 '.
:.~·-
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF ST.ATE or MINNESOTA
· 7!!01 T.lrd Annu• North
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l"n,poHd bvikl<n9 lnformollon moJ11I b< checked with approved bulldin9
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l'"'"ded by chnl.
;=-~-t,:r~·~,~i 1:vrtiiy \hot '-!,b t'J ,;; \rue O't't! correct repn,$r'ltoli0t\ of
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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
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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~-
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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.
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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,
-,
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~':::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
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-
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
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SCALE N FEET
100 0 100
o DENOTES RON MONIMENT
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655.16-----
200
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ORENT A TION OF THS BEAR'NG
SYSTEM~ BASED ON AN
ASSt.MD OATI.M
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------>:_.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
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:_ _______ -___ 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.
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TYPICAL LOT
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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
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------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),-
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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
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LAND SURVEYORS
~veloper:
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Phone: 06-SJl7
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--•--------•-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 __
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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.
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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
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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
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SCALE 'IN I FEET
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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
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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
,.
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. . . . . .
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
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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:
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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:
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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 .
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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.
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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
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Existing Units
New Units
Total Units
Units per 19.5 Acres= 0.359 u/a
Sq Feet Dry Buildable Land
Residential
Other (specify) ______ _
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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.
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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.
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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
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--
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 ~
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.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
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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
• " .
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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
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§ 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
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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.
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09-09-1994 16:02 612 836 1311 BONESTROO & ASSC. 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
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F. igure 1. Nati
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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'
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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
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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.
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