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HomeMy WebLinkAboutProject PacketORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (#2430 Paul Phillips, Continued) Goetten moved, Peterson seconded, to send Application #2430, 2140 Sixth Avenue North, back to the Planning Commission for their review. VOTE: Ayes 4, Nays 0 .. *(#13) #2431 ROGER OLSEN, 815 PARTENWOOD ROAD-VARIANCE RENEWAL-RESOLUTION NO. 4185 Flint moved, Peterson seconded, to approve Application #2431, 815 Partenwood Road, and adopt RESOLUTION NO. 4185. VOTE: Ayes 4, Nays 0. (#14) #2432 GREENFIELD CORPORATION, 4755/4775 BA YSTDE ROAD - EASEMENT /SUBDIVISION Laurie Lundeen, Greenfield Corporation, and Jim DeBerg, were present. Van Zomeren stated the Applicants are requesting a revision or amendment to the final plat resolution to accommodate a private driveway easement over Lot 3 to provide access to Lot 1. The private driveway easement does not comply with the approval resolution for the final plat, which shows an outlet for all three lots along Bayside Road . Van Zomeren stated Staff is generally not in favor of private driveway easements due to the possible problems that may result. The Planning Commission recommended denial of a private easement and suggested that the Applicant apply for a lot line rearrangement, which would require a lot width variance for Lot 3. Jim DeBerg, 1551 Hunter Lane, Medina, stated he had previously met with the property owner and offered the private driveway easement not realizing that it was in conflict with what was originally approved in the Resolution . DeBerg stated he was later informed by the building official that he could not have a private driveway easement. Laurie Lundeen stated they were unaware they could not grant a private driveway easement. Mayor Jabbour stated the City does not officially recognize a private driveway easement. DeBerg remarked that even with the granting of the private driveway easement, the lot still exceeds the minimum lot size . Van Zomeren stated a lot width variance would be needed in the case of a lot line rearrangement for the middle lot. l .J ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (#2432 Greenfield Corporation, Continued) Mayor Jabbour inquired whether the City Council would be in favor of a private driveway easement. It was the consensus of the City Council not to approve the private driveway easement. Mayor Jabbour inquired whether the City Council would be in favor of a lot line rearrangement. Goetten stated access should be provided as outlined in the resolution, noting a precedent might be set if we allow a substandard lot in this subdivision. Goetten moved, Peterson seconded, to deny Application #2432, 4755/4775 Bayside Road denying the private driveway easement and directing the Applicant to abide by the conditions outlined in the original subdivision resolution. VOTE: Ayes 4, Nays 0. (#15) #2433 DORIE FINN, 1640 SHADYWOOD ROAD -VARIANCE/RESOLUTION NO. 4186 Dorie Finn was present. Weinberger stated the Applicant has applied for several variances to allow replacement of a first-story deck and stairway to the second story which was damaged in a storm. The original deck was constructed in 1968, and the repairs and replacement did not change the size or alter the design of the structure, but the repairs exceeded what was damaged in the storm. Weinberger stated variances to hardcover are required as well as a variance to permit the reconstruction of a residential deck within the lakeshore setback. Weinberger commented this structure had previously been utilized as a duplex, which is no longer the case. Finn stated her daughter lives on the top floor and she resides on the lower floor. Finn stated three footings were replaced as well as three support structures. The staircase was damaged by a fallen tree and was considered to be a hazardous situation. Mayor Jabbour inquired whether this structure is now legally conforming. Finn remarked the residence has not been a duplex since approximately 1960. Mayor Jabbour commented the duplex use of the residence cannot be reinstated. 15 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (#2433 Dorie Finn, Continued) Flint moved, Peterson seconded, to approve Application #2433, 1640 Shadywood Road, and adopt RESOLUTION NO. 4186, per the recommendation of the Planning Commission. VOTE: Ayes4, Nays 0. (#16) #2434 CAROL OLSON, KID'S ART SCHOOL, 2180 NORTH SHORE DRIVE, CUP AMENDl\fENT-RESOLUTION NO. 4187 Carol Olson was present. Van Zomeren stated the Applicant is requesting to construct a tipi for educational purposes on the property for use by her students. The Applicant operates the Kid's Art School. An amendment to the Lake Minnetonka Environmental School's conditional use permit is required to allow the tipi, which is considered to be an accessory structure. The Applicant has submitted a drawing depicting the location of the tipi, which is acceptable to Staff Van Zomeren indicated that the Planning Commission requested the City Council consider waiving or reducing the $250 fee for the conditional use permit amendment. Mayor Jabbour commented he has spoken with two building officials who have differing opinions on whether the fee is required, and expressed concern over the uncertainty regarding whether the fee is necessary. Peterson inquired whether there is a restriction on the maximum size of the tipi. Van Zomeren stated the proposed dimensions of the tipi were submitted which do not appear to cause concern. Van Zomeren stated the exact dimensions of the tipi could be attached as an exhibit to the resolution. Mayor Jabbour remarked he was in favor of the tipi as long as the structure does not decrease the present parking spaces. Goetten moved, Peterson seconded, to approve Application #2434, Kid's Art School, 2180 North Shore Drive, and adopt RESOLUTION NO. 4187, a Resolution Granting an Amendment to a Conditional Use Permit per the recommendation of the Planning Commission, and authorizing waiver of the $250 fee. VOTE: Ayes 4, Nays 0. (#17) REQUEST FOR ASSESSMENT REFUND -JOE AND MARY FIEDLER, 365-373 WESTLAKE STREET Joe Fiedler was present. 16 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 2432 NOTICE OF COUNCIL ACTION Date of Notice: October 27, 1998 -------------------------------------------------------------------- TO: Greenfield Corp . 3220 Hopkins Crossroads Minnetonka, MN 55305 COPIES: Hilloway Corp. 1551 Hunter Dr. Wayzata, MN 55391 ------------~------------------------------------------- TYPE OF APPLICATION: Private Easement -Subdivision Amendment ----------------------------------------------------------------------------- DATE OF MEETING: 10/26/98 VOTE: 4 FOR 0 AGAINST --------------~------------------------------------------------------ COUNCIL ACTION -MOTION: To deny the private driveway easement . 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 Date of Application: 9/23/98 Date Complete: 9/23/98 60 day limit: 11/23/98 REQUEST FOR COUNCIL ACTION DATE: October 21, 1998 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Liz Van Zomeren Zoning Title City Planner Item Description: #2432 Greenfield Corporation 4755/4775 Bayside Road Zoning District: Lot Area: Application: Private Driveway Easement--Revision to Subdivision RR-lB Rural Residential District (2 acres) Lot 1 2.10 acres, 2.05 acres excluding the storage pond Lot 3 2 .4 acres The applicants have sold Lot 1 and have granted a 20' private driveway easement over Lot 3 to provide access to Lot 1. Lot 3 is vacant and Lot 1 is under construction. The private driveway easement does not comply with the approval resolution for the final plat. The final plat showed an outlot for all three lots along Bayside Road. The driveway for Lot 1 was to be located off of the end of the outlot, not via an easement across the adjacent property. This application is to accept a rev1s1on or amendment to the final plat resolution. Staff was not in favor of a private easement. Date of Application: 9/23/98 Date Complete: 9/23/98 60 day limit: 11/23/98 PLANNING COMMISSION RECOMMENDATION: On a 5-0 vote, the Planning Commission recommended denial of a private easement and in lieu thereof suggested that the applicant be directed to apply for a lot line rearrangement, however, the Planning Commission recognized that a lot line rearrangement would require a lot width variance for Lot 3 and the City Council would need to review the matter. COUNCIL ACTION REQUESTED: To direct staff regarding a denial resolution for accepting a private driveway easement and to direct applicant regarding applying for a lot line rearrangement that will also require a lot width variance. Attachments TO: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE: October 15, 1998 SUBJECT: #2432 Greenfield Corporation, having an interest in 4755 and 4755 Bayside Road Driveway Easement--Amendment to Subdivision Zoning District: Lot Area: RR-lB One Family Rural Residential District (2 acre) Lot 1 2.10 acres, 2.05 acres excluding storage pond Lot 3 2.4 acres Application: The applicants have sold Lot 1 and granted a 20' private driveway easement over Lot 3 to provide access. The private driveway easement is not in compliance with the approval resolution that required that access to Lot 1 was to be via Outlot A. Lot Area and Yards RR-lB District Standards Lot Area Lot Width 2 acres 200' Subject Property Lot Area and Yards Lot Area Lot 1-2.05 acres Lot 3--2.4 acres # 2432 Greenfield Co. 4755/4775 Bayside Rd PC-10/19/98 page--1 Lot Width 205' 200' ANALYSIS Front Yard Side Yard Rear Yard 50' 30' 50' Street Yard Side Yard Rear Yard >50' 30' >50' no structure no structure no structure A new residence is under construction on Lot 1. It complies with all of the minimum lot area, lot width, and setback requires. Lot 3 does not have a structure on it. At the time of subdivision there was considerable discussion about the driveway outlot access and the preference to not grant lot width variances. The City Council adopted the preliminary plat resolution (Res.3750) and final plat resolution (Res. 3798) which required that the outlot be divided equally in thirds for ownership among the three lots. Access was to be provided to the lots adjacent to Bayside Road via the outlot. Each lot was to meet the lot width requirement of200'. Lot 3 and Lot 4 were both platted at 200'. Lot 1 is platted at 205'. If the proposed driveway for Lot 1 had been platted as part of Lot 1, then Lot 3 would not meet the lot width requirement. The City's consulting engineer has reviewed the proposed driveway and has indicated that from an engineering standpoint it is acceptable. He noted that a culvert may need to be built to provide for runoff. Options 1. The applicants could propose a lot line rearrangement which would remove the area of the driveway easement from Lot 3 and attach it to Lot 1. That would result in the need for a lot width variance for Lot 3. 2. The City could recognize the driveway easement over Lot 3 in favor of Lot 1. The lot width for Lot 3 would continue to be considered 200', however, the area of the driveway easement would not be included in the lot area calculation for Lot 3. Further, the applicant would be required to install a culvert to provide for the concerns identified by the consultant engineer. The City would require that a resolution be adopted accepting the easement with an executed copy of the easement attached for the public record. STAFF RECOMMENDATION Easements for access purposes are inferior to platted outlots. Staff frequently receives inquiries from the public about driveways and easements. They create considerable confusion among adjacent property owners as to ownership and rights. Issues in the past have included location of garbage cans, mailboxes, landscaping, mowing, and maintenance. The Planning Commission should discuss the two options in the context of the engineer' report and the minutes from the subdivision approval process. # 2432 Greenfield Co. 4755/4775 Bayside Rd. PC-10/19/98 page--2 Attachments A B C D E F G H I J K L M N j K Application Applicant's letter Proposed easement survey Engineer's letter Property owners list Final Plat with setbacks Final Plat as recorded June 10, 1996 minutes July 22, 1996 minutes August 12, 1996 minutes November 12, 1996 minutes Declarations Res. 3750 Res. 3798 # 2432 Greenfield Co. 4755/4775 Bayside Rd. PC-10/19/98 page--3 CITY OF ORONO -SUBDIVISION APPLICATION Application # cQ t./3 (;)., Date Received 9 , a~-: CJ£ Amount Paid ._1.-=-®........_-_ai ___ _ PROPERTY LOCATION ( Lf-'1 1 ~ , Siteaddress Lf 75'> /)t1:-(S;de flrk . 'f7?..5 /5/ty.S;Je f< ~ . Property Identification Number (PID). 38 <Xo -I 17 .-~ a.a: . OOa..1 ( 41 SS) Please check one -Property __ · abstract or V torrens? Attach legal description to application. lo, 'i_ BL K-/ (g, {, ~, c.,} ~ A APPLICANT .(: ~ . ~=ss ~ '/i!)~<..;..iS(!:::::::::.::S Phone (home) -q '-IS'-9'/-3 '1 City ,Mrtrlt, ,&lf' SS3o,S Zip_· _Phone (work) "?So,322.0 OWNER (if diffe~ent than )tPPlic~ ~ Name t1,~+l a..t:. UfP cl-f±t_ tl ~try C1&e Address '. };f(; /fu;u~ D1c Phone (home) ~ 73-) 'lC/1 City : uJ h~,4, Ntv 55371 Zip __ Phone(work) o()3 2.oa<l (attach list if more than one) ' f ~H-(A-jT ~ EXISTING LAND USE Number of Tax Parcels Development Size · Present use ( check) Present Zoning District r -Z. 4 k Acres Dry Land 2 . 'f: A:c Acres Wet Land 2. • 'I rt-L Acres Total, all parcels Lo-l-J ( 41S-C,) iOY Lo+· f · (t./715) l Residential; no. of units ___ _ $ , P Other (specify) ___ _ PROPOSAL -tl',~.f( ~J___ Division for Tax Purposes ___x___ 'S)2., ~tl-1 J;3"}fB' Lot Line Rearrangement Only (no new buildling sitesJ Subdivision for New Building Shes Numb~r of Building Sites \ Existing Units Proposed Gross Density Minimum Lot Size Proposed Use (check) -( · NewUnits · Total Units ---- ---'---Units per __ Acres _2..:;:__ __ Sq. Ft. Dry Buildable Land _2-=----Residential ----Other (specify) ___ _ 10 l\IINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION l. Payment of fees (refer to "application fees" listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4·. 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). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature___________________ Date:,__ ____________ --'-_ MINIMUM MATERIAL· REQUIRED FOR COMPLETE FINAL APPLICATION l. Payment offees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement ":df.e:l~JCredit. 0-::\:::i_n_c; Zoning Official's Signature ::Z.~t ~ Date:__~__,.___._.a;,"-""~"---::::J~--41-1,,,£------ 1. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: Sketch Plan Review (Class I, II & III) $250.00 Subdivision of a Lot Line Rearrangement $350.00 Subdivision Application (Class I & II) $350.00 Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential) Final Plat Application (Class III) $200.00 Legal Review and Filing: ---Subdivision only $75.00 ---Subdivision w/easements and covenants min. $200.00 Park Fees (to be detennined per Section 11.62) Legal and Engineering Review Fees (as incurred) ___ Renewal of Class I and II Subdivision Application $200.00 (No change from original application) Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) ___ Renewal ofFinal Class III Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: .. ___ Proposed Private Roads $600.00 + $.50/lineal ft.; ___ }in. ft. x .50 = $ __ _ ___ Proposed Public Roads $900.00 + $.50/lineal ft.; ___ }in. ft. x .50 = $ __ _ ---Request for City to Accept Existing Private Road $900.00 ---Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x ___ new lots C. Flexible Application Fees/Misc. Fees Variance $220.00 ($50.00 per each additional variance) _ 1)(2.1,1E.'fJHL X E!!:se1fa11t Vacation Associitted wiHt Sttbdr,ision $100.00 ~ FOil-S~a::>1v1 5 ION PRD Application with Subdivision $30.00/Dwelling Unit The applicant hereby agrees to provide all infonnation rec(ui¢d or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary_ ro~ss ,th_is apP, ation and further agrees to pay all additional fees established by ordinance. . ~ Date Q,,,;....?/9· · ,,;;! Applicant's Signature ":..---1--...!:6,,(;;=., ''.......!____:0::.--______ _ 9/23)95 Date~ _ _:../_..:;::__::_· ________ _ Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all 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 change prior to the meeting. 11 Oct 07 98 12:40p Greenfield Corporation Lamie M. Lnndeen Laurie M. Lundeen 3220 Hopldns Crossroads Minnetonka, :MN 55305 Ms. Liz Van Zomeren City Planner/ Zoning Administrator City of Orono 2750 Kelley Park'Mty Orono, rvtinnesota 55356 Dear Ms.Van Zomeren Thank you for yom letter of October 1, 1998 938-8144 Hilloway Corporation JimFenning 1550 Hnnter Drive Wayzata, MN October 7, 1998 B I did not realize that the application vvas incomplete. In your letter you refenecl to the access as no longer "via the platted Outlot." It is my intention to maintain the only access to the lot by \Vcly of the outlot. \Vb.at I am requesting is that v,.,e be able to grant a p1ivate casement for chive'Mly puiposes over the v..~sterly 20 fact oflot 3. This casement v..ould run in favor of Lot 1. \.Vhen the property vvas graded and the private road constmcted on Outlot A to serve lots 1, 3 and 4, ChaclVvick v..e discovered that a chiveway coming off the side of the Outlot was preferable to a chivevvay that v...ould come off the and of the Outlot, We concluded this because l. There 'MJuld be less removal of trees directly in the path of the chivev-1ay. 2. Because the chivev,,ay traverses a medium sized ravine there v--oulcl be less filling of the ravine and less tree removal on the side slopes Vvhere the fill v,,oulcl be placed. We have since sold Lot I and a house is being constructed on it. When v..e sold it, v..e granted the buyer an easement aver the v..esterly 20 feet of Lot 3. In other cities vJiere I have developed real estate it has nut been necessaiy to got approval from the City For piivate casement purposes. But I have since learned that Orono has had special circumstances occur that have necessitate this ordinance. Ignorance of the ordinance; of Orono, on my pat"t, is no excuse for my granting of the easement. Tue easement was only granted to save trees and grading. I am. respectfiffly requesting the City of Orono to permit my granting of a ch.ivev-.ay easement over the v-.estedy portion of Lot 3, Chaclwck-in favor of Lot 1, Chaclv..ick. Thank you, I appreciate your consideration of this matter. Sincerely, Laurie M. Lundeen President Greenfield Corporation p.2 g: JJ ! i ! ' i i j j j 50 S 89°45'' W 15.00 N 0°50' 15" W r 30.00 N 89°45'! E 15.00 ! : i :z !·o i :::0 : -I ! I I ' 11\' • \ VI :I !O ' ::::0 !ri, I :0 CERTIFICATE OF SURVEY FOR EVAN MELINE z OF LOT 1, BLOCK HENNEPIN COUNTY, BAYSIDE ROAD N 89°45' 00" E 205.15 " ' 1, CHADWICK MINNESOTA g: 0 • " ' \.__ . ' 0 -~\---- . • . -. -.. -. · r,;. . . I ,.,,,i. ',: 1,, ,, 1.l~=:~~-:---,, ------------85 I' JJ"<M/1 /I I I I """"" I b I :, oo,-,~ I I z ~ v< q ~ :IE 10 1 EASEMENT I 1 I<, ner ~ . \ !,_ ~'}'½ I I··· )-;>1 \ J " . 5 I 1--" A_.,--,.\ \ r--._,_ , -.~45•, '-. '-. r ..._ '--.· ~6,:' , 1 ..._ '~-, , I '-'-.:._ c , ·. ' - I '--. '--. 1 l>'-', '--'---. --,----, ·1 . '-"-:_O '-, '-. '-._ .._____' ----- '-" ...... ._ ·---.i>: I ~ S..llJ• E \ \'-32,0 -· , · \ \ '---'}:z,,.,.~( I ~ . "1 / _1 \ ' \ \. ~: I / I I v I D Ir I . / 69 944 SQ. FT, / ,..,._, '1 / ,y (2 OS5 ACRES) .. / /4r✓c~,~,. ... CI ' I /\ j o,~'I, / ,, c .. / "1-~ c ; \ I -< ,.,. ,is I ~,., c 4f U) I I / -1--- '\ -, ! :::0 1-N -.J N 1 ,,• /V >:' "\ ;·,, '<--r,, 0 A/ r I /~\ I / ,;i," '°\ '·~ JJ :< ! rr1 '~ ! rr1 I (/) ! -I ! I 1--,. ' ! I ' 8 50 I ' lo / ">•, / ~ @) i . A""·~~~ ~' '< , . \qi / /4 / ,, /6''-'a"-: / . 11 • / / ·1 , '\ ~f 10 I . /,, , ~~ ) I / ;,-. q ;z: I • ' /' / / ""' '1/1 f ./ . / / /b\ v, "j/ j____ /"" --; I / / oO ' -~~o W; 1· 10 .s . : / / / // ~ ,· / / 01· ' ,: / / / I / --- / ,oi ,,I . r-.. I L - LEGAi DESCRIPTION Of PREMISES Lot 1, Block 1,: CHADWICK 0 : (1015,6): !1012.8 J: ' denotes ir~n marker denotes existing spot elevation, mean sea level 'datum denotes pr.oposed spot elevation, mean sea level datum --1004 --denotes existing contour line, mean seo level datum DESIGNED I REVISION DATE Bearings shown! are based upon an assumed datum. LOT AREA = p9,944 SQ. fl. (2.065 ACRES) This survey intends --to· show the boundaries of the above described properly,. and the proposed location ·of a proposed house thereon. It does not purport to show any other improvements or encr?achments .. . PROPOSED ELEVATIONS 1) BASEMENT = lm.1.ol ' 2) TOP OF FOUNDATION ,;, lms .• j 3) GARAGE = lt<'Ps.o) COFFIN & GRONBERG INO .. . , . rejCRIPTION ,,(EV/f(JJ ,i?All"f(,J.,JAY J'~ ,,v#)r,t/ £',VJ/ "-J I I \ c;:z§ &; § ~e DRAWN I (t) 11>'-.Z.-·?9 r(•W• />',,,.,, .. ,,m,,;.,,,,;,,_,,u . ··-ii_jONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS 3 482 TAMARACK A VENUE, LONG LAKE, MN. 55356 • I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY·DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAW$ OF THE STATE OF MWESOTA. CHECKED t----+-----1-------------------1 612-473-4141 DATE '7-Zo·JQ MN LICENSE NUMBER / 2 7 ,.5 ·'11 . I SCALE 1"-)C{'i DATE _1 +-23-98 JOB NO. 98-102 ~ 0 ~ Bonestroo ■ Rosene ~ Anderlil< & 1 \J 1 Associates Engineers & Architects October 14, 1998 Elizabeth VanZomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer Principals: Otto G. Bonestroo , P.E . • Joseph C. Anderli k, P.E. • Mar vin L. Sorvala, P.E. • D Richard E. Turner, P.E . • G le nn R. Cook. P.E. • Robert G. Schunich t , P.E. • J erry A. Bourdon, P.E. • Robert W. Rosene, P.E . and Susan M. Eberlin, C.P.A., Senior Consultants Associate Principals: Howard A. Sanford , P.E . • Keith A. Gordon, P.E. • Robert R. Pfefferle, P,E. • Rich ard W. Foster, P.E . • David 0. Loskota, P.E. • Robert C. Ru ssek, A.I.A. • Mark A. Hanson, P.E. • Michael T. Rautmann, P.E. • Ted K.Field, P.E. • Kenneth P. Ander son, P.E. • Mark R. Rolfs, .P.E. • Sidney P. Williamson, P.E., L S. • Robert F. Kotsmith • Agnes M. Ring • Michae l P. Rau, P.E. • Allan Rick Schmidt, P.E. Offices: St. Pau l, Rochester, Willmar and St. Cloud, MN• Mil waukee, WI Website: www.bonest roo.com Re: Greenfield Driveway Easement File No. 139-2432 Dear Liz: We have reviewed the request .for a driveway easem.em for Lot 1, Block 1, Chadwick. The site is located in the southeast corner of the intersection of Bayside Road (C.R.84) and North Shore Drive West (C.R.19) in the north half of Section 6. Based on a site visit and a review of the Certificate of Survey, we have the following comments in regards to engineering matters. 1. Access: The revised driveway alignment across the proposed easement appears to be acceptable from an engineering standpoint. The new alignment would result in less tree removal and minimize impacts to the ravine , Our site visit did indicate that a culvert under the driveway may be necessary at a point approximately 120-feet south of Outlot A so that runoff is not trapped east of the driveway. Please contact me at (604-4863) if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, _ANDERLIK & ASSOCIATES, INC. ~~~ Tom Kellogg Cc: Greg Gappa, City of Orono 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636T1311 Ill c... (.., c.... L (_ (.. L (.. L Ill RUN DATE 09/23/98 BATCH 504 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER 'NAME TAXPAYER NAHE/ADDR ~ PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 36 01-117-24 11 0005 04885 CO RD NO 19 GARY O & THERESA A REIERSEN GARY O & THERESA A REIERSEN 4885 CO RD 19 MAPLE PLAIN HN 55359 38 06-117-23 22 0018 00038 ADDRESS PENDING ERVIN A WACHHAN JR ERVIN A WACHHAN JR 2135 SALEH CT LONG LAKE MN 55356 38 06-117-23 22 0021 04755 BAYSIDE RD HILLOWAY CORP ET AL HILLOWAY CORP & GREENFIELD CORP 1551 HUNTER DR WAYZATA HN 55391 38 06-117-23 22 0024 00180 NORTH SHORE DR W RODNEY B COLSON RODNEY B COLSON 180 NORTH SHORE DR HAPLE PLAIN HN 55359 38 31-118-23 33 0007 04740 BAYSIDE RD L YOGERST & D DUNN D DUNN & L YOGERST 4740 BAYSIDE RD MAPLE PLAIN HN 55359 38 31-118-23 33 0013 04680 BAYSIDE RD HD SLETTEN & HK SNETSINGER HD SLETTEN & HK SNETSINGER 4680 BAYSIDE RD HAPLE PLAIN MN 55359 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST 'f- 36 01-117-24 11 0006 00036 ADDRESS UNASSIGNED GARY O &-THERESA A REIERSEN GARY O & THERESA A REIERSEN 4885 CO RD NO 19 MAPLE PLAIN MN 55359 38 06-117-23 22 0019 04775 BAYSIDE RD EVAN R HELINE EVAN R HELINE 16901 GRAYS BAY BLVD WAYZATA MN 55391 38 06-117-23 22 0022 04725 BAYSIDE RD J W HORGAN JR & D G PULFORD J W HORGAN JR & D G PULFORD 815 PINEVIEW LAN PLYMOUTH MN 55441 38 06-117-23 22 0025 00038 ADDRESS UNASSIGNED HILLOWAY CORP ET AL HILLOWAY CORP & GREENFIELD CORP 1551 HUNTER DR WAYZATA HN 55391 38 31-118-23 33 0011 00038 ADDRESS UNASSIGNED ·BR LANGE & J B BURRELL BRUCE R LANGE SUITE 615 53 W JACKSON BLVD CHICAGO IL 60604 70 36-118-24 44 0009 0008.7 MCCULLEY RD LARRY & SUSAN VENSEL LARRY & SUSAN VENSEL 87 MCCULLEY RD MAPLE ·PLAIN HN 55359 REPORT NO. Pl435401 38 06-117-23 22 0017 04665 BAYSIDE RD IT & H L GEFFRE IRVIN & MARJORIE GEFFRE 4665 BAYSIDE RD MAPLE PLAIN HN 55359 PAGE 7 38 06-117-23 22 0020 00 _070 NORTH SHORE DR W JERRY R BOLDENOW JERRY R BOLDENOW 16912 EXCELSIOR BLVD MINNETONKA MN 55345 38 06-117-23 22 0023 00150 NORTH SHORE DR W SD & J A DZUBAY STEVEN D & JULIE A DZUBAY 400 FORD RD ttlll ST LOUIS PARK MN 55426 38 31-118-23 33 0006 04720 BAYSIDE RD B PETER ACHEY ETAL B PETER ACHEY 4720 BAYSIDE RD HAPLE PLAIN HN 55359 38 31-118-23 33 0012 00150 MCCULLEY RD MARCIA A BARNUM HARCIA A BARNUH 10564 PARKER DR EDEN PRAIRIE MN 55347 TOTAL BATCH 504 00017 ::t1:: '""w~-·':)· .,, '\!,, . . l \ts-~ ,il::"l>j,, ~ -~ ,,~ , ... :,,,.,,.,~ ,i;.,'t.1•··•~~' ti . ' .• -1·~. t ... • ._~fl-~lt ~~~~Lr (Y) --' ..J _; Ill Ill RUN DATE 09/23/98 BATCH 504 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO, PI435401 PAGE 8 38 06-117-23 22 0004 100 NORTH SHORE DR W SM CAMB\ET AL STEPHANIE M & ROBERT E CAMP 100 NORTH SHORE DR W MAPLE PLAIN MN 55359 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF~~<L A'l//7: l. A, Ill! . ' DATEq ~4 -\Osy 'lufLl ~ _...._ ___ __..__=-., _____ _ 1 z: 1)0 ,./)· \ v "/\~~(-0 (0"'"' vf t (./> (\ I ' , , . ,__ Yo9e.r:sl ff : · , urt'r' f, 1 ~~a ,i ~r,~~ ~ . .1 1 / ...,-:, \ '~-~ . -;, ' . ._., ! ~ ,f'-. ,s-t--..>\. ,S' -,_ "'.:>,.,,,..---:,"'"' . ,s, ,, ~ -~ ~ k (J\ ~J ~ 1 . A' ·,..._2.tJO I / / ,.. \ j ) ()( \ ~ ,10NUME N ! q l ,~- i i I I I i I c:: ~ t -~ ._<:\_) _..,,. "" I:) Ir\ ~ \) G -..., - c:i >-.. 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OOHRS, lAI{) SUlVEYOOS, fl.All£RS SHEET 2 OF 2 SHEETS ➔ 1\.1INUTES OF THE REGULAR ORONO CITY COUNCU, MEETING HELD ON JUNE 10, 1996 (#3 -#2112 Richard and Janet Putnam -Continued) Goetten informed Putnam that she has heard his comments, and the Council is looking into \Vhere the process may be speeded up, noting there are places where it cannot. \Vhile there may be possible areas for improvement, Goetten said the City tries to be fair and not single out any one property. Goetten says she does not care for after-the-fact variances, but reiterated that Putnam's comments will be considered in their review of the process for possible changes. Kelley moved, Callahan seconded, to adopt Resolution #3730, granting an after-the-fact hardcover variance to Richard and Janet Putnam of2765 Casco Point Road for replacement in-kind of the existing deck. Vote: Ayes 2, Nays 1, Goetten, noting she did not vote in favor of the variance in 1988 and is not changing her mind at this time. (*#4) #2133 JOHN AND KARLA SPOONER, 1385 ORONO LANE -VARIANCE -RESOLUTION #3731 Goetten moved, Kelley seconded, to approve Resolution #3731. Vote: Ayes 3, Nays 0. (*#5) #2134 ROBERT ALBRECHT, 1810 SHADYWOOD ROAD -AFTER-THE- FACT VARIANCES-REQUEST FOR REFERRAL BACK TO JUNE 17 PLANNING COl\'IMISSION Goetten moved, Kelley seconded, to refer the revised proposal of Zoning File #2134 to the Planning Commision for review on June 17th. Vote: Ayes 3, Nays 0. (#6) #2136 GREENFIELD CORPORATION, 180 NORTH SHORE DRIVE WEST -PRELTh1INARY SUBDIVISION Mark Gronberg and Laurie Lundeen were present. Mabusth reported that the 17.2 acre site received preliminary approval for a 2-lot subdivision in 1986 for a single residential lot with a larger outlet for future development, but it was never finalized. The applicant proposes a 6 lot residential division with 3 lots . served from North Shore Drive and 3 lots at the north from a private road with a cul-de- sac. The northeast access at Bayside Road was selected as the best access in 1986 review. This access was to serve the subject property and property to east (Bayside Farms 2nd Addition). The extension road, Outlet B, will serve as access to future development within Outlet C, Bayside Farms 2nd Addition. The developer ½ill be asked to grade and seed the roadbed, as current owner of property to east has no immediate plans to build residence or subdivide. 3 1\UNUTES OF THE REGULAR ORONO CITY COUNCIL 1\'IEETJNG HELD ON JUNE 10, 1996 (#6 -#2136 Greenfield Corporation -Continued) Mabusth continued that there are designated wetlands along with type 1 and 2 wetlands, which are not part of the City's mapping but require protective covenants. The applicant will be asked to provide detailed plans for access to lot 6. Access for lots 1, 3, and 4 will be served by road outlot A and lots 2, 5, and 6 from two separate curb cuts off of North Shore Drive. The existing residential drive to lot 6 encroaches on the property to the south, is unsafe, and will be eliminated. A new shared access .will be located on the shared lot line between lots 5 and 6. A detailed plan of this access will be required from the developer. The 26' setback must be maintained from the wetlands and 20' setback from the drainfield area. The key issue for this proposal is access. The applicant wants to preserve the 3 obvious building sites and presented a similar plan outlining this arrangement in the sketch plan review. Based on the location of septic sites (2, 3, and 4), location of wetlands, and topography, the developer has asked to create a new curb cut at North Shore Drive and create a private road that would serve only 3 of the 6 lots. The code provides construction standards for typical section for road serving 3-6 units. The comprehensive plan is less detailed. It notes the general desire of the City to have private, internal roads, , instead of new curb cuts. In this proposal, there would be 1 new curb cut at North Shore j-' Drive. Lot width variances would also be needed for lots 1, 3, and 4. The 12 septic test sites reveal the need for mound systems. Mark Gronberg reported that the property consists of 655' at property line adjacent to Bayside Road. The County has asked for 17 additional feet for County Road 19 for a total dedication of 50'. This would allow 200' for each lot. Gronberg said, if the cul-de- sac was extended westward, the lot widths could be achieved. Gronberg did not care to do so. It would result in the elimination oflot 1 's building site. Gronberg noted the steep slopes. Gronberg remarked that the frontage along Outlot B would give lot 4 required frontage and argues whether a lot width variance is required. CoRds 19 and 84 also serve as frontage for lot 1. Lot 3 is located at the end of the cul-de-sac and would need a lot width variance. Kelley asked if the proposal could meet the ordinance requirements if the cul-de-sac was extended. Gronberg said this is true. The variances are being asked for in order to pull back the cul-de-sac to put in the road for the adjoining property. Hurr questioned whether there was a need for a full cul-de-sac or for outlot A? If lots 1 and 3 shared a driveway and lot 4 came off of the e>utlot road, only a temporary cul-de- sac would be necessary. At this time, there is no idea when the lot to the east would be developed. There are no building plans for the outlot. It would be just graded and s~eded. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 10, 1996 (#6 -#2136 Greenfield Corporation -Continued) Kelley noted that lot 4 access would be in the first 50' of outlet B. Cook said outlet A could be eliminated. Callahan asked what the function of outlot B was? Gronberg said it was for the purpose of future development for site distance. Laurie Lundeen asked Mabusth to explain the plans. Mabusth said, based on earlier directions of the City, the northeast corner was selected during the Olson subdivision as the best access for the subject property and property to immediate east. Goetten questioned why this developer has to provide the access for another development which has yet to be planned? Mabusth noted Staff is following directions of Council. Hurr asked why a shared road could not occur. Mabusth said it would eventually happen but would need a turnaround. Mabusth informed Callahan that the cul-de-sac in outlet B is necessary to provide a turnaround for emergency vehicles. Lots 3 and 4 would be accessed from outlet B if the cut was made from the top. If there was to be a shared driveway for lots 1 and 3 and bring a platted driveway down for lot 4 and the property to the east, a permanent cul-de- sac would be installed at a later date. It was discussed that outlot A could be eliminated, and leave outlet B as the main access road, and an easement taken from lot 4 for a temporary turnaround to eliminate any setback restrictions. The easement would then go away when the future road was built. Hurr asked if the drainsites meet the setback? Mabusth said they did. They are located mainly downhill. One site is at 8% for lot 6. Hurr was informed that the average distance from the house to the septic sites was 300-400' for lots 2, 3, and 4. Gaffron said this was unusual and pumping would occur but was not limiting these sites. Goetten said she was concerned that, when looking at the entire subdivision, gerrymandering was occurring to make 6 building lots. Goetten said she was not in favor of the subdivision as proposed. Gronberg likened it to a PUD with clustering of building sites. , Lots 5 and 6 were noted to meet standards. Hurr noted that there was no standard in the code that requires lot width to be maintained for a specified distance. Mabusth concurred: Goetten said lots would still need to access a temporary cul-de-sac. :Mabusth said lots 1, 3, and 4 would all come in at the northeast corner via the revised road outlot. 5 l\tIINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 10, 1996 (#6 -#2136 Greenfield Corporation -Continued) Kelley commented that technically, the subdivision could meet standards but was now dealing with future development and safety issues. Mabusth responded that the Planning Commission was concerned with the internal road and saving the view. To maintain the best sites, the Planning Commission recommended approval of the internal road and lot width variances. Goetten said she disagrees with this assessment and sees it as an attempt to gain 6 lots. Mabusth said Planning Commission members were concerned for lot 4 with its limitations such as septic sites, type 1 wetlands, and need for a retention pond to treat runoff from new road bed. Mabusth said it was questioned whether there was adequate room for a rural residential building site. Gronberg said there is adequate room for a building site and was conscious of protecting the wildlife area. Mabusth commented that the Planning Commission was also concerned with protecting the alternate sites with the long lots and specified need for protective covenants to protect alternate sites. Kelley inquired why the primary sites are not located farther down the lots and the alternates up near the building sites. Gronberg said it was just a matter of a longer way to go. Kelley said if the primary fails, the water would seep down to the alternate sites. Gaffron said if the initial systems fail, they would be turned off and would have to wait to be built. He continued that when the first sites are done, care would be taken not to ruin the second sites. Callahan noted that all septic sites seem to be near to the protective wetland areas. He did not suggest changing the sites but questioned how protected the wetlands would be. Gronberg said the land rises 12' from the pond and does not a~ticipate the systems failing. Council debated whether the proposal was the best use of the property, the highest use, or the most intensive use, and what could be done if all standards were met. Kelley requested that the application be tabled, reconfigured with the cul-de-sac moved downward and outlet A eliminated, and new sketches be brought back to the Council. It was noted that the Planning Commission approved the application in its current form. Hurr moved, Kelley seconded, to table Application #2136 to allow the applicant to consider the direction given by the Council and present these changes to the Council at their next meeting. Callahan asked Goetten what suggestions she might have. Goetten asked for fewer lots noting her concern over access and drainfields. Goetten did comment that the proposed change by Cook was an improvement but would deny the application at this point. Callahan said he shared the same concerns to some point. Goetten said this would allow the opportunities for changes to be made .depending on the majority opinion. 6 .MINUTES OF THE REGULAR ORONO CITY COUNCIL 1\'IEETING HELD ON JUNE 10, 1996 (#6 -#2136 Greenfield Corporation -Continued) Vote: Ayes 4, Nays 0. Hurr noted that the lot width variances, by not extending the cul-de-sac, would save good building sites. (#7) REQUEST FOR SE"WER, JOHN :MARESH, 2085 SIXTH A VENUE NORTH/1095 BRO\VN ROAD NORTH Mr. Maresh was not present during the discussion of this agenda item. Gaffron said the applicant has requested consideration for sewering as part of the :NfUSA amendment or in addition to the Lakeview Terrace subdivision. _ _, Kelley asked about the west side of North Brown, specifically, the Salem Court area, in refe~ence to sewering. Gaffron said this area has mound type septic systems. Gaffron informed Callahan that the property in question consists of a vacant 2-acre parcel abutting Brown Road and a 3-acre homestead parcel abutting Co Rd 6. Goetten asked how the septic was approved for the site without an alternate site. Gaffron said the sites had been approved in 1988, but a new evaluator, who looked at the property in 1996, did not think there were sites actually available. Gaffron said this would need to be reviewed further. Kelley said he felt it was a question of management. Callahan noted for purposes of this particular request that the property be placed on a list for consideration for future sewering. When the MUSA is then granted, the City can see what might be done for this property. Kelley said if the North Brown and Salem Court areas want sewering, it would help to defer costs. Callahan said this would not be decided at this time as there were no sewer units available. Callahan said with 5 acres, he found it hard to believe that there would only be one site for a septic system and asked Staff to check it out. Gaffron noted the existing system was not working. The applicant has asked for a building permit. Maresh has agreed t~ upgrade as necessary. Gaffron said the applicant may want to hold off if the Council wants to go ahead with sewering. Callahan said he was not willing to give a.sewer unit if septic sites are available and asked that Staff place Maresh on a list for possible sewering in the future. 7 1\HNUTES OF THE REGULAR ORONO CITY COUNCIL l\tIEETING HELD ON JULY 22, 1996 (#4 -#2134 Robert. Albrecht -Continued) Jabbour moved, Kelley seconded, to approve the resolution as presented v.rith the change in language wording as noted. He noted, if the motion were to fail, the next motion would be to table the application. Hurr asked if there was any time frame to which the hardcover restrictions would be limited. Gaffron said no time frame was set but it could be. Hurr said, if the motion were to pass, she would recommend a time frame be indicated. Vote: Ayes 2, Kelley, Jabbour; Nays 3, Goetten, Callahan, Hurr. Motion failed. Jabbour moved, Callahan seconded, to table the application to allow the applicant to consult with his attorney in respect to the denial action. Vote: Ayes 5, Nays 0. The application is tabled to the August 12 meeting of the Council. (#5) #2136 GREENFIELD CORPORATION, 180 NORTH SHORE DRIVE \VEST -PRELil\1INARY SUBDIVISION -SECOND AMENDED PLAN Laurie Lundeen and Mark Gronberg were present. Lundeen asked the Council members if they had been on the site. Goetten said she has been there but not actually walked it. Kelley said he had been there many times. Jabbour and Callahan have also visited the site. Mabusth reported that the applicant has provided an amended plan based on recommendations made by the Council. The original plan proposed a private road with cul-de-sac, and the first amended plan proposed a configuration of private road ·with driveway outlot. Ihe second amended plan proposes a 30' wide driveway outlot to serve !ots 1, 3, and 4 only. There are no lot width variances required ·with the amended plan.' The owner of Outlot C, Bayview Farms, Second Addition, has been advised of the change. A private driveway for that subdivision would be intalled v.--ithin outlots B and D. Callahan asked if the Staff ~ad any problems with the proposal. 11abusth responded that the current proposal will not require lot standard variances. She also responded to a previous concern of the Council on why the Staff was so concerned '.vith a road outlet being dedicated within this plat. Mabusth said the northeast access would serve as best\ access for a future N/S through road. This was the City's opportunity to plat sections of a future road when surrounding properties are developed. Access from the west would benefit Waukman, as he too would be able to maintain views to lake and open space areas. Waukman was informed of this agenda item on the meeting and asked to attend if he had further concerns. Jabbour asked how this applicant could be expected to carry forward with the needs of another development. Staff responded that this is the basis for planning for future needs. It is Staff's responsibility to address these issues. 3 MlNUTES OF THE REGULAR ORONO CI1Y COUNCIL MEETING HELD ON JULY 22, 1996 (#5 -#2136 Greenfield Corporation -Continued) Goetten noted that the proposal still results in the same lots. Jabbour thanked Goetten for insisting on no variances. Goetten said she felt the proposal was still gerrymandered. She also noted that the Staff memo did not address her concerns regarding the configuration of the lots, and it should have. Hurr moved, Jabbour seconded, to approve the six lot plat as amended per revised drawings dated July 12, 1996 by Mark S. Gronberg. Vote: Ayes 4, Nays 1, GoeJten. . ov I 5·1 f\d\l ~ \Vhen asked, Lundeen said she was happy with the results as they were as they eirigiflate.d had wanted. (*#6) #2137 ,vILLIAl\tl DUNKLEY, 2709 ,vALTERS PORT LANE-DENIAL RESOLUTION #3743 Jabbour moved, Hurr seconded, to adopt Resolution #3743 denying variances to Municipal Zoning Code Sections 10.03, Subd. 14(C); 10.22, Subd. 1 & 2; 10.55; Subd. 8; and 10.56, Subd. 16(L) -File #2137, William and Susan Dunkley, 2709 Walters Port Lane. Vote: Ayes 5, Nays 0. (*#7) #2148 ,vAYNE l\'I. HOLf\.'IES & JACKIE DAHL, 1390 PARK DRIVE- VARIANCE -RESOLUTION #3744 Jabbour moved, Hurr seconded, to approve Resolution #3744. Vote: Ayes 5, Nays 0. (#8) .MELANIE ROSE, 1020 BRO\VN ROAD NORTH -REQUEST TO ,v AIYE SURVEY REQUIREl\,fENT The applicant was not present. Moorse said he has had discussions with the applicant. He reported that he asked Inspector Bruce Vang and Gaffron to visit the property to get an idea of the setbacks. The sketch from the contractor notes about a 63' setback from the north side. This was found to have been measured from the edge of the paved road. Moorse said, noting that there is a 60' right-of-way and assuming the road was located in the middle of the right- of-way, measuring 30' from center to define the lot line, it was determined that the setback to the proposed deck was 2-3' less than the required 50'. l\foorse said he informed Rose she would probably need to reconfigure the deck to meet the setbacks or a variance would be required. In both scenarios, she was informed that at least a partial survey would be required. Rose had told Moorse she would do so but did not necessarily agree to do the survey. 4 lHINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 12, 1996 (#5 -#2134 Robert.Albrecht -Continued) Kelley said, if the intent of the 1991 resolution was not to increase the hardcover, the application before the Council shows a reduction. Goetten agreed but was not in favor how it was being handled by adding another deck and removing hardcover elsewhere. Goetten did not believe the application would have been approved if brought before the Council as a proposal before being built. Goetten said she was not on the Council in 1985 but \Vas involved with the application in 1991. It was her understanding that there would be no more hardcover allowed on the property. She added that the driveway, now being proposed for reduction, was installed for safety reasons. Goetten said she agrees with the conditions placed on the property in 1991 and would need to adhere to principles and would not vote for approval. \Vhen ~litchell noted the decrease of hardcover, Goetten responded that she was concern with continuing to approve applications that involve what the Planning Commission said no to in 1991. She also voiced concern with property owners constructing without permits and assuming it will eventually be approved anyways. Mitchell noted that the applicant would not take this same approach again. He also added that the sight lines were not affected by the deck for the neighboring properties. Goetten said she did not like to say no to such an application but would have to in this case. Jabbour asked for the comparisons of hardcover on this property in 1991 and as it exists now. Gaffron said 5080 s.f of hardcover was approved in 1991. There is 5037 s.£ of hardcover existing today. The proposal calls for a total of 4832 s.f of hardcover, which is less than what \.Vas approved in 1991. Jabbour commented that the proposal was then truly a reduction. He noted that the City does not inspect driveways. He also commented that the lack of knowledge from not having grown up in the area was not a valid excuse. Callahan clarified that there was less hardcover today than what was allowed in 1991. Gaffron concurred. Jabbour said this was a key issue. Kelley added that the applicant was following the spirit of the ordinance. Callahan said he was troubled as seeing the application as the applicant trying to get out of a bad situation. Albrecht commented that the past ovlner had used the driveway for parking of vehicles for those renting boat slips. Albrecht said the 22' of driveway width was not necessary. Jabbour moved, Kelley seconded, to approve Resolution #3749. Vote: Ayes 3, Nays I, Goetten. Jabbour's motion to reconsider so application could not be brought back before the Council received no second. (*#6) #2136 GREENFIELD CORP., 180 NORTH SHORE DRIVE \VEST - PRELThUNARY SUBDMSION APPROVAL -RESOLUTION #3750 Callahan moved, Kelley seconded, to approve Resolution #3750. Vote: Ayes 4, Nays 0. 5 Mll'l"UTES OF THE REGULAR ORONO CITY COUNCIL I z l\IEETll'l"G HELD ON NOVEMBER 12, 1996 PARK COl\ll\IISSION COl\IMENTS Commissioner Wilson stated the Park Commission is in the process of revie\\ing the park inventory for final review as well as working with the Antoine Park neighbors to determine the needs of the park. The building on the property and play ground equipment needs are being evaluated. Wilson reported that ice rinks \vill be maintained at Casco Point, Hackberry, and Bedenvood Parks. The golf course club house will also be open for activities on Saturday and Sunday afternoons. Callahan congratulated Wilson on her appointment as Vice Chair of the Park Commission. PLANNING COl\Il\IISSION COl\IMENTS Janice Berg was present, along with Dale Lindquist. Berg had no comments to make at this time. PUBLIC COl\Il\IENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT (*#4) #2136 GREENFIELD CORPORATION, 180 NORTH SHORE DRIVE \VEST -FINAL SUBDIVISION -RESOLUTION #3798 It was noted that while this resolution was on the Consent Agenda, Goetten had previously voted for denial of this resolution. Jabbour moved, Goetten seconded, to adopt Resolution #3798. Vote: Ayes 4, Nays 0. (#5) #2176 DANIELS. PERKINS, 55 LANDMARK DRIVE-RENE\YAL OF ANNUAL CONDITIONAL USE PERLvlIT-RESOLUTION #3799 The applicant was present. Mabusth stated that a conditional use permit was granted during the 1994-95 winter season for the excavation of 200 cubic yards of material. Applicant had originally presented a plan that called for the removal of a total of 2,000 cubic yards of peat over a ten year period. At the time the CUP was granted, the Council did not approve the permit for a ten year period but recommended annual reviews. The applicant was allowed to pay a renwal fee for the reviews rather than what is normally charged for a conditional use permit. Dredging did not take place in 1995-96 season as the need for the peat material was limited. The contractor advised that he would only need 200 cubic yards of peat every two years. 2 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT ("Declaration") is made effective as of October 15, 1996, by Greenfield Corporation, a Minnesota Corporation and Hilloway Corporation, Minnesota Corporations Gointly referred to as "Declarant"). RECITALS: A Declarant is fee owner of that certain real property located in Hennepin County, Minnesota legally described as: Lots 1, 3, and 4, Chadwick (the "Property"). B. Declarant desires to provide, for the benefit of Lots 1, 3, and 4 Chadwick, (the "Lots") an easement for roadway purposes (the "Roadway") over, across, and upon outlot A, (the Outlet' ), and to further provide for the maintenance, ownership, and restrictions relating to the Roadway and the easement herein granted. NOW, THEREFORE, in consideration of the foregoing, the Declarant hereby declares that the Lots and the Outlot are and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, restrictions, and easements hereafter set forth, which shall run with the Property and be binding on all parties, now or hereafter having any right, title, or interest in the Property and any part thereof, their heirs, successors, and assigns (each of whom are hereafter referred to individually as an Owner, or collectively as "Owners"), and shall inure to the benefit of each Owner. Roadway Easement. Declarant hereby declares and creates a perpetual, non-exclusive private road easement over the Outlot for the benefit of the Lots and use by the Owners and their invitees and other public service providers, such as police, fire, bus and ambulance services. Maintenance of Roadway. 1) Each Owner shall pay an equal, proportionate share for any costs for construction, maintenance or repair of the Roadway. Maintenance shall include construction, reconstruction, resurfacing, snow removal, sanding and salting, as necessary, lighting, striping, and curbing as the Owners shall determine necessary; provided, however, that all maintenance shall be conducted in compliance with all applicable provisions of the City of Orono Municipal Code (the "Code"). Declarant shall be responsible at his/her expense, for initial construction of the Roadway, which shall in all respects conform to the requirements of the City of Orono ("City ). All future maintenance shall be conducted by the Owners or their contractors, at Owners' expense. 2) Each Owner's share of costs for maintenance shall be due and payable on the date such costs for maintenance are due and payable to the person or entity rendering an account therefor. Each Owner's share of such costs shall bear interest at a rate of ten percent ( 10%) per annum from such due date to the date of payment. Any Owner may bring action, on behalf of the non-defaulting Owners, to collect a defaulting Owner's share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. 3) The plans, specifications and the awarding of contracts for maintenance shall be approved in writing by the Owners of Fifty One ( 51 % ) of the Lots. 4) No Owner may exempt himself from the liability for assessments by waiver of the use or enjoyment of the Roadway or by the abandonment of his Lot. ~ 5) Ownership of the Outlot. Each Lot shall be sold, transferred and conveyed together with an undivided one-third (1/3) interest in the Outlot. In the event City shall determine it to be in the public interest to utilize the Roadway as a public street, each Owner shall, after notice in accordance with applicable provisions of Code and Minnesota law, convey its undivided interest in the Outlot to City for no additional consideration therefor. Prohibitions of use of Roadway 1) No Owner shall obstruct or interfere whatever with the rights and privileges of other Owners in the Roadway and except for maintenance of the Roadway, nothing shall be planted, altered, constructed upon or removed from the Roadway. 2) No Owner shall obstruct or interfere with the passage of any school bus or emergency vehicle over or across the Roadway. 3) No vehicles shall be parked in the Roadway for a continuous period of time greater than twenty-four hours. 4) No vehicular repair or maintenance may be conducted in the Roadway. Violation and Enforcement. 1) In the event the Owners tail to conduct maintenance, it is agreed by all Owners that City may undertake such maintenance and assess each Lot an equal, proportionate share of the maintenance conducted by the City. Any such maintenance conducted by the City will not result in the Roadway becoming a public roadway Each Owner will pay to the City its equal, proportionate cost incurred by the City within thirty (30) days after Owner's receipt of such charges, or else such charge, including attorneys' fees and costs in collection thereof, shall become a lien upon the Lot for which payment has not been made. 2) If an Owner shall violate any of the obligations, covenants, conditions or restrictions contained in this Declaration, the remaining Owners shall have the right to enforce this Declaration, and in the event an Owner's violation results in damage to the Roadway, Owners may restore the Roadway to its prior condition and assess the costs of such restoration against the violating Owner. Any such assessment shall become due and payable upon the demand of any of said remaining Owners. All of the remaining Owners, or any of them, shall have the right and power to enforce this Declaration and to collect the cost of any maintenance required as a result of an Owner's violation in a legal proceedings for that purpose. The prevailing party in any such legal proceedings shall further be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. Nothing contained in this Section is intended to alleviate any obligation of an Owner to pay assessments to the City in accordance with Section 1 above. In the event any assessments are levied by City as a result of violations of an individual Owner or Owners, then such non- violating Owners may collect such sums paid to City from any violating Owner, in accordance with this Section. 6. Binding Effect. This covenant shall run with the land and shall be binding on and inure to the benefit of the Owners, their heirs, representatives, successors and assigns. 7. No Amendment. This Declaration may be modified or amended only upon the recording of a document setting forth such amendment executed by all of the Owners, their mortgage lenders, City and any other party having a record interest in the Lots. 8. Severability. Invalidation of any covenant, condition, or restriction set forth herein by judgment or court order shall in no way affect any of the other provisions hereof, which shall all remain in full force and effect. 9. Warranties of Title. Declarant represents and warrants that Greenfield Corporation and Hilloway Corporation are the lawful Owners of the Roadway and the Lots and have full right, title and authority to enter into this Declaration. Any mortgage lender, or other party in interest of the Lots of the Outlot, if any, shall consent to this Declaration, which consent shall be attached and made a part of this Declaration. IN WITNESS WHEREOF, the parties have hereto executed this Declaration and covenant the day and year first above written. HILLOWA Y CORPORATION STATE OF "MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 15 th day of October, 1996, by Laurie M. Lundeen, President of Greenfield Corporation, a Minnesota corporation. STATE OF "MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This document was drafted by: Robert R. Roos, Esq. 1800 Rand Tower 527 Marquette Avenue Minneapolis, MN 5 5402 CITY of ORONO RESOLUTION OF THE CITY COUNCIL . 3 7 50 NO.---=-=--- A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 180 NORTH SHORE DRIVE \VEST -FILE NO. 2136 WHEREAS, Greenfield Corporation, a Minnesota corporation, (hereinafter the · "subdivider") on April 26, 1996, filed a formal subdivision application with the City for approval of a six lot residential plat of property legally described as: The West half of the Northwest Quarter of the Northwest Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian, EXCEPT that part of the West 274.77 feet of said West Half of the Northwest Quarter of the Northwest Quarter which lies South of the North 580.00 feet of said West Half of the Northwest Quarter of the Northwest Quarter, and which lies North of the South 545.34 feet of said West Half of the Northwest Quarter of the Northwest Quarter, 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 May 20, 1996, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meetings held on June 10, 1996, July 8, 1996 and July 22, 1996, the Orono City Council considered the subdivision application of the subdivider 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 two acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 17.2 acres with 2.34 acres of designated wetland area. Page 1 of 8 .., :, . 4. ~5. 6. 7. 8. 9. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 5 0 .,. The proposed plat consists of six residential lots each meeting the minimum lot standard requirements of the RR-lB, Single Family Rural Residential Zoning District. All lots have been found to have adequate and suitable soils for on-site septic treatment facilities providing both a primary and alternate site for each of the six lots. Lots 1, 3 and 4 shall be served by a private driveway designated on the plat as Outlot A. Lot 2 shall be served by an approved access at North Shore Drive or County Road 19. Lots 5 and 6 shall be served by an approved shared access at North Shore Drive or County Road 19. Outlot A shall be expanded to provide a backout pad for emergency vehicles at the east or road entrance side of outlot. The City Engineer, in his report of May 13, 1996, approved the grading and drainage plan for the development of this property. Thomas D. Johnson, a Transportation Planning Engineer for the Hennepin County Department of Transportation, in his report of May 13, 1996, approved the three curb cut locations at the County roads. Orono's Community Management Plan, Rural Transportation Policy 7 entitled "Driveway Locations in Rural Street or Private Road Intersections will be Limited for Traffic Safety" states as follows: "Joint use of carefully located private roads will generally be preferred over direct access on to public highways from separate properties." The developer has provided the following unique findings and hardships to support the creation of three new curb cuts ( one existing curb cut to be relocated) that shall serve all six residential lots. The Planning Commission has accepted the findings and hardships presented by developer. They are reviewed as follows: Page 2 of 8 A. Location of wetlands. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7 5 0 B. Sloping topography to south and east. C. Subdivider's responsibility to provide a future access road to serve property to east. D. Property is surrounded by 1,800' of County Road along the north and west sides. E. The existing access serving Lot 6 has been found to be unsafe and encroaches within property to the south. The new curb cut developed at the shared lot lines of Lots 5 and 6 has been approved by the County and meets the required sighting distance for a 50 mph speed zone. F. New curb cut to serve Lot 2 has been found to meet the sighting/safety standards for the 50 mph speed zone. G. The location of septic sites on Lots 1, 2, 3 and 4. H. Desire of subdivider to preserve views to the south· and southeast for the obvious building sites on Lots l, 2, 3 and 4. 10. Orono's Community Management Plan, Transportation Chapter, CMP 7-17 states as follows: "PRIVATE DRIVEWAY A driveway is a privately owned and privately maintained vehicle path between the street and private property. Private driveways shall be subject to access permits according to the classification of the abutting street. Private driveways will not be subject to any public easement or access right, but do require recorded private easements where driveways cross an intervening private lot between the residence served and the street. JURISDICTION: PROPERTY OWNER Page 3 of 8 MAXIMUM SERVICE: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 5 0 1, RESIDENCE TYPICAL; DRIVEWAYS ALLOWED MAXIMUM THREE RESIDENTS DRIVEWAY IN RURAL AREAS USERS REQUIRE PRIVATE STANDARDS JOINT WITH PER MORE ROAD DRIVEWAY WIDTH: WILL BE REGULATED WHERE MORE THAN ONE USER IS INVOLVED OR FOR PUBLIC SAFETY PURPOSES WHERE THERE IS EXCESSIVE LENGTH BETWEEN THE RESIDENCE AND THE PUBLIC ROAD" The Comprehensive Management Plan allows three residential lots to be served by a private driveway. The Management Plan further states that a driveway serving more than one residential lot shall be regulated. The City Engineer shall be asked to provide design specifications for the private driveway within Outlot A. 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 application of Greenfield Corporation per plat drawings by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc., dated May 3, 1996, most revised date July 12, 1996, subject to the following conditions: 1. 2. * 3. Subdivider to grant a bike trail, drainage and utility easement 10' wide adjacent to Bayside Road (County Road 84) and North Shore Drive West (County Road 19). Subdivider to dedicate 17' of additional right-of-way for North Shore Drive West along the west boundaries of Lots 1 and 2. Subdivider to execute private covenants defining responsibility for the upkeep and maintenance of private driveway, Outlot A, by Lots 1, 3 and 4 and covenants to also address owners of all six lots' responsibility for maintenance of drainage facilities within plat. Page 4 of 8 ~4. 5. 6. 7. 8. 9. 10. 11. CITY of ORONO Subdivider shall be responsible for dividing equally the share in ownership in driveway Outlot A of Lots 1, 3 and 4 via transfer deed of lots upon sale. All septic sites within subdivision are to be fenced off prior to any land alterations. Subdivider to grant flowage and conservation easement over designated wetland within Lot 6. Subdivider to designate drainage easement at a minimum width of 15' over drainageway that extends westward from Outlot A to sediment pond in northwest comer of Lot 1. Drainage easements are to be taken over all sediment ponds and drainageways within plat. Subdivider to install driveway with backout pad within Outlot A. Plans for drive shall be reviewed and approved by City Engineer. Subdivider shall be responsible for installing a conforming septic system to serve existing residence on Lot 6 within 90 days of the date of preliminary plat approval (November 12, 1996) or prior to final plat approval, whichever occurs first. Subdivider is hereby advised that the City cannot grant final plat approval until a permit from the MCWD has been approved for all grading and drainage improvements on the property. Subdivider to create private covenants for protection of Types I and II wetlands located within property that are not classified as a designated wetland of the City of Orono. Such covenants to include site plans locating protected area and advising future owners of need to contact Minnehaha Creek Watershed District and the U. S. Corp of Engineers if land alterations are proposed before submitting plan to the City for review and possible permit. Covenants shall include protective language for alternate septic sites along with site plans locating both primary and alternative sites. Applicant to develop language alerting future property O\.vners of need to protect sites on adjacent properties. Covenant shall also advise future owner of Lot 3 that no residential construction shall be allowed to south of primary and alternate septic sites. Page 5 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 5 Q 12. Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, August 12, 1997. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. 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. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies ( one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to l" = 200'. Drawing to include: A. B. C. D. E. ~ F. G. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin and Gronberg, Inc. dated most revised date, July 12, 1996. Dedication of drainage and utility easements 1 O' wide along the exterior boundaries of property and 5' along the internal lot line. 1 O' drainage and utility easements adjacent to County roads to include trail easement in favor of City (refer to special easement form attached). Dedication of right-of-way for County Road 84 at 33' and 50' adjacent to west lot lines of Lots 1 and 2 and 33' adjacent to the west lot lines of Lots 5 and 6 for County Road 19. Designation and dedication of drainage easements over detention ponds and drainageways as shown on preliminary plat. Designation and dedication of drainage easement over the designated wetlands located within Lot 6. Designation of Outlet A to serve as a private driveway. Outlet A at a 30' width is a private driveway that will serve Lots 1, 3 and 4. The naming of plat. Page 6 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _3_7___;;..,.5 -=-0_-..a,_.~ 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. 3. Signed and executed drainage easements to be taken over drainageway and detention areas within plat (see sample enclosed). 4. Signed and executed developer's agreement and letter of credit for approved site improvements and construction of private driveway (Outlot A) and a single address sign locating residences served by Outlot A at Bayside Road entrance (see samples enclosed). 5. Signed and executed Flowage and Conservation easement over designated wetland within Lot 6. 6. Signed and executed declaration of private covenants dealing with the upkeep and maintenance of private drive (Outlot A), drainage facilities and specifying share of Lots 1, 3 and 4 in ownership of Outlot A (see sample enclosed). 7. Signed and executed trail easement over 10' wide drainage and utility easements adjacent to County Roads (see sample enclosed). 8. Completed private covenant for lots involved with protected wetland not included ¥.ithin conservation maps of City which shall include a site plan and metes and bounds descriptions for these areas. Covenants to include protective language for alternate septic sites and to include the site plans locating both the primary and alternate sites. Subdivider to develop language alerting future owners of need to protect sites on adjacent properties. Covenants must be in a form suitable for filing. The City has samples of protective covenants used by former developers. Subdivider may wish copies and should notify City. Page 7 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 5 0 9. Fees to be paid: Total due: $400.00* A. Final plat fee = $200.00 B. Legal review and filing fees for subdivision and associated documents = $200.00 *Park dedication fee shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor's report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of land within Lots 1 through 5. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of August, 1996. ATT T: ... STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of August, 1996, 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 8 of 8 STATE OF 1vfINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # .3 ? 5 0 I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the :Minutes of the proceedings of said City Council at a meeting of said City Council held on A 11 gu st i 2 , 19 --9-6' and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this -------·14 day of August , 19~. , City Clerk (SEAL) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 9 8 A RESOLUTION APPROVING THE PLAT OFCHADWICK FILE NO. 2136 \VHEREAS, 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 Class III Subdivision of a Six lot plat by the Greenfield Corporation, a Minnesota corporation, hereinafter (the subdivider); and WHEREAS, the subdivision has been found to meet all standards of the RR-1 B, Single Family Rural Residential Zoning District, finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. 2. -, ., . 4. J;:s. Completion of all the requirements of Resolution No. 3750. Dedication on the plat of right-of-way for a public drive shown as North Shore Drive West (County Road No. 19). Dedication on the plat of drainage and utility easements. Dedication on the plat of drainage easements over detention ponds. Creation of a shared private driveway with backout apron shown on the plat as Outlet A. Concurrent with the creation of this private driveway, the subdivider has created non- exclusive ingress, egress easements over said outlot in favor of all abutting and/or benefitting lots including a declaration of certain maintenance covenants wherein Page 1 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 9 8 ~ each of the abutting and/or benefitting lot owners' covenants and agrees to permanently maintain and pay the cost of maintenance for said private driveway. 7. Dedication to the City of a 10 foot bike trail drainage and utility easement adjacent to Bayside Road (County Road 84) and North Shore Drive West (County Road 19). 8. Dedication to the City of a flowage and conservation easement providing for limitations on the use of wetlands and/or drainage ways described therein and shown on the plat as drainage easements. 9. Subdivider has created covenants for protection of Types 1 and 2 wetlands located within property that are not classified as a designated wetland of the City of Orono. The covenants shall include site plans locating protected areas and advising future owners of need to contact Minnehaha Creek Watershed District and U.S. Corps of Engineers if land alterations are proposed within the protected areas before submitting plan to the City for review and possible permit. Covenants shall also include protective language for alternative septic sites along with site plans locating both primary and alternate sites. Covenants shall include language advising future property owners of need to protect the sites on adjacent properties. 10. Payment to the City of a park dedication fee in the amount of $11,664.00. 11. Payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $200.00. 12. The Minnehaha Creek Watershed District granted Permit No. Application 96-123 to the subdividers on July 25, 1996 approving the storm water management plan for the construction of the driveways and the platting of the six lots. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Chadwick, Hennepin County, Minnesota, subject to the following conditions: 2. Subdivider shall be responsible for dividing equally the share and ownership in driveway, Outlot A, between Lots 1, 3 and 4 via transfer deed oflots upon sale. Subdivider shall execute an agreement providing for the installation of a new primary septic system on Lot 6 and final driveway improvements. Agreement shall be Page 2 of 3 3. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 '{ 9 8 accompanied by a letter of credit written to 150% of the cost of the installation of the mound septic system and final upgrades of driveways. The subdivision and accompanying documents cannot be filed until the City is in receipt of both agreement and letter of credit. Subdivider shall be responsible for fencing off all septic sites within the subdivision before any land alterations. 4. Access to Lots 1, 3 and 4 shall be via Outlot A, the private driveway. Access to Lot 2 shall be via an approved single curb cut at North Shore Drive West or County Road No. 19. Future owner or developer of site shall be responsible for obtaining a permit from Hennepin County Department of Transportation. Access to Lots 5 and 6 shall be via a shared drive along the side shared lot line at North Shore Drive West or County Road 19. Easements over access drive shall be created in favor of both lots. 5. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or a Registrar of Titles' Office on or before May 12, 1997 together with a certified original copy of this resolution and executed copies of the covenants and easements 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. Dated this 12th day of November, 1996. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day ofNovember, 1996 by Edward J. Callahan, Jr., and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. &:n-'Lv/ 0~ Notary Public Page 3 of 3 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2432 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 21, 1998 ------------------------------- TO: Greenfield Corp. 3220 Hopkins Crossroads Minnetonka, MN 55305 COPIES TO: Hilloway Corp. 1551 Hunter Dr. Wayzata, MN 55391 ------------------------------------------------- TYPE OF APPLICATION: Easement ----------------------------------------- DATE OF MEETING: 10/19/98 VOTE: 5 FOR 0 AGAINST Planning Commission recommends the following: Denial for reasons noted below. NOTES AND SPECIAL CONDITIONS: The Planning Commission stated that the City Council should review this application and direct the applicant to apply for a lot line rearrangement. Applicant's next scheduled meeting is confirmed as: City Council October 26, 1998, meeting starts at 7:00 p.m. X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACTION\2432 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2429 Jeffrey Brauchle, continued) damaged. There were no publi _c comments. Lindquist moved, Hawn seconded, to approve Application #2429, 650 North Arm Drive, as outlined in the October 12, 1998 Planner's Report, subject to the removal of the plastic underlayment. VOTE: Ayes 5, Nays O. (#17) #2432 GREENFIELD CORPORATION, 4755/4775 BAYSIDE ROAD - EASEMENT/SUBDIVISION, 11:01 p.m. -11:12 p.m. The Certificate of Mailing and Affidavit of Publication were noted . Laurie Lundeen, Greenfield Corporation, and Jim DeBerg were present. Van Zomeren stated the Applicants have sold Lot 1 and have granted a 20 foot private driveway easement over Lot 3 to provide access. The private driveway easement is not in compliance with the resolution that required access to Lot 1 be via Outlot A. Van Zomeren commented that driveway easements tend to cause confusion as to ownership and rights as well as issues surrounding location of garbage cans, mailboxes, landscaping, mowing, and maintenance, and Staff would prefer that driveway easements not be utilized if at all possible. In order for this easement to be recognized by the City, the City Council would need to retract that portion of the resolution dealing with the location of the driveway. · · DeBerg stated the outlot is currently being used for access. Lundeen stated there was a private driveway easement granted . Van Zomeren remarked there was a resolution signed by the City Council which specified how access to these lots was to be provided, and this private easement represents a change to that resolution. DeBerg commented the outlot still provides the access . Hawn stated the parties need to follow the conditions outlined in the resolution. Van Zomeren stated before access was determined , there should have been a review done of the available building pads. · Lindquist inquired whether they could do a lot line rearrangement. Chair Smith inquired whether the Applicants wanted the Planning Commission to act on this matter tonight. DeBerg requested the Planning Commission act on the application. There were no public comments. Schroeder moved, Smith seconded, to deny Application #2432, 4755/4775 Bayside Road, based upon Resolution No. 3750. VOTE: Ayes 5, Nays O. Page 17 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#18) #2433 DORIE FINN, 1640 SHADYWOOD ROAD -VARIANCE, 11 :13 p.m. -11 :20 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Dorie Finn was present. Weinberger stated the Applicant has applied for several variances to allow replacement of a first-story deck, second story deck, and stairway. The City Building Inspector has determined that the amount of replacement has exceeded the amount of damage, with no building permit being on file for the first floor deck. Weinberger stated parts of the railing were replaced as well as some beams that were not damaged as a result of the storm. The City Attorney has determined that the property owner has a right to replace what was damaged. This application is dealing only with the first-story deck and stairway to the second story deck, which has been determined not to have been damaged in this storm. Weinberger stated this structure was considered as a legally non-conforming duplex for a number of years, but according to the Applicant, this structure is no longer being utilized for that. purpose and is now a single family residence. Finn stated she would like to repair the deck due to safety concerns. Chair Smith inquired whether the size of the deck has increased at all. Weinberger stated the size of the deck has remained the same. Schroeder inquired whether these are after-the-fact variances. Weinberger stated they were, although most of the materials used to replace the deck were from the existing deck. However, the stairway has not been replaced. Schroeder moved, Hawn seconded, to approve Application #2433, 1640 Shadywood Road, granting of after-the-fact variances to repair the first story, second story, and stairway in the same size as they existed prior to the storm damage. VOTE: Ayes 5, Nays 0. SKETCH PLAN REVIEW (#19) #2430 PAUL PHILLIPS, 2140 SIXTH AVENUE NORTH -SKETCH PLAN REVIEW, 11 :21 p.m. -11 :25 p.m. Paul Phillips was present. Van Zomeren stated this property is located in the RR-1 B district, which has a minimum of two acres. This lot is comprised of 4.5 acres. The Applicant is proposing to subdivide the 4.5 acre parcel into two lots, with the front lot being two acres and the back lot with an existing residence proposed to be 2.5 acres. Van Zomeren remarked the City Council approved a lot line rearrangement in May, 1994, to change the east property line of this parcel to provide a septic site for the adjacent parcel. Van Zomeren stated in January, 1994, the ordinance regarding back lot/front lot requirements was adopted, and the lot with the residence located on it becomes the back lot. Under the current Page 18 TO: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE: October 15, 1998 SUBJECT: #2432 Greenfield Corporation, having an interest in 4755 and 4755 Bayside Road Driveway Easement--Amendment to Subdivision Zoning District: Lot Area: RR-lB One Family Rural Residential District (2 acre) Lot 1 2.10 acres, 2.05 acres excluding storage pond Lot 3 2.4 acres Application: The applicants have sold Lot 1 and granted a 20' private driveway easement over Lot 3 to provide access. The private driveway easement is not in compliance with the approval resolution that required that access to Lot 1 was to be via Outlot A. Lot Area and Yards RR-lB District Standards Lot Area Lot Width 2 acres 200' Subject Property Lot Area and Yards Lot Area Lot 1-2.05 acres Lot 3--2.4 acres # 2432 Greenfield Co. 4755/4775 Bayside Rd PC-10/19198 page--] Lot Width 205' 200' ANALYSIS Front Yard Side Yard Rear Yard 50' 30' 50' Street Yard Side Yard Rear Yard >50' 30' >50' no structure no structure no structure A new residence is under construction on Lot 1. It complies with all of the minimum lot area, lot width, and-setback requires. Lot 3 does not have a structure on it. At the time of subdivision there was considerable discussion about the driveway outlot access and the preference to not grant lot width variances. The City Council adopted the preliminary plat resolution (Res.3750) and final plat resolution (Res. 3 798) which required that the outlot be divided equally in thirds for ownership among the three lots. Access was to be provided to the lots adjacent to Bayside Road via the outlot. Each lot was to meet the lot width requirement of200'. Lot 3 and Lot 4 were both platted at 200'. Lot 1 is platted at 205'. If the proposed driveway for Lot 1 had been platted as part of Lot 1, then Lot 3 would not meet the lot width requirement. The City's consulting engineer has reviewed the proposed driveway and has indicated that from an engineering standpoint it is acceptable. He noted that a culvert may need to be built to provide for runoff. Options 1. The applicants could propose a lot line rearrangement which would remove the area of the driveway easement from Lot 3 and attach it to Lot 1. That would result in the need for a lot width variance for Lot 3. 2. The City could recognize the driveway easement over Lot 3 in favor of Lot 1. The lot width for Lot 3 would continue to considered 200', however, the area of the driveway easement would not be included in the lot area calculation for Lot 3. Further, the applicant would be required to install a culvert to provide for the concerns identified by the consultant engineer. The City would require that a resolution be adopted accepting the easement with an executed copy of the easement attached for public record. STAFF RECOMMENDATION Easements for access purposes are inferior to platted outlots. Staff frequently receives inquiries from the public about driveways and easements. They create considerable confusion among adjacent property owners as to ownership and rights. Issues in the past have included location of garbage cans, mailboxes, landscaping, mowing, and maintenance. # 2432 Greenfield Co. 4755/4775 Bayside Rd. PC-10/19/98 page--2 The Planning Commission should discuss the two options in the context of the engineer' report and the minutes from the subdivision approval process. Attachments A Application B Applicant's letter C Proposed easement survey D Engineer's letter E Property owners list F Final Plat with setbacks G Final Plat as recorded H June 10, 1996 minutes I July 22, 1996 minutes J August 12, 1996 minutes K November 12, 1996 minutes L Declarations M Res. 3750 N Res. 3798 # 2432 Greenfield Co. 4755/4775 Bayside Rd. PC-10/19198 page-3 Application # cQ t/.3 {}- Date Received 9, d ..:'.>-_ CJ£ A Amount Paid -/ ®~· _._a:> ___ _ CITY OF ORONO -SUBDIVISION APPLICATION PROPERTY LOCATION ( '-f-"1 1 ~.. .._ Siteaddress lf: 7.5''> Ef-A:-t-S1de"/'d1 '-/77..5 B1t:,s-1de J:2 ~ Property Identification Number (PID) 38 On-[ lJ ... ~ aa: . COa.\ (,41 SS) Please check one -Prop.erty __ abstract or V torrens? · Attach legal description to application. Loi i BL K-/ 0,. {, ~, c.,) ~ APPLICANT .(; ~ . ~::ss §t~ {1;;1&"-~jj,' !!::::s Phone (home) 'Cf </ 5'-9 'i-3 7 City /VIT1<r!, fir~' .SS3oS: Zip __ Phone (work) 7S0-322.o O\VNER (if diffe~ent than )tpplic~ ~ Name i1, ~ +oa.t> Uf(? et-1±1.l { CbJM Cor-e Address : lf(J }tu...urc::1c... D& Phone (home) "173~) '111 City _. · 0J M~ n , Mu 5.531 f Zip __ Phone (work) 8V 3 2.0.0 (attach li~t if more than one) ' f ~H-etJT N.:tcf;S EXISTING LAND USE Number of Tax Parcels Development Size -Z. ~ k Acres Dry Land 2. 'tK Acres \Vet Land Lo-l-J ( 41S~) iOY L9+ I (t.1715) '2 • 'i ~ Acres Total, all parcels Present use ( check) l Residential; no. of units ___ _ $ , P Other (specify) ___ _ Present Zoning District PROPOSAL -ti\~ ~1)_,J___ DivisionforTax.Purposes~ 'S;)u_,~tt-1 ~ Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Shes Number of Building Sites \ Existing Units Proposed Gross Density Minimum Lot Size Proposed Use (check) -{ · NewUnits · Total Units ---- ----Units per __ Acres _z.. ___ Sq. Ft. Dry Buildable Land __,.2--::;__ __ Residential ____ Other (specify) ___ _ 10 ... }"':] ;-,·,.,. I, ' , ~ l\IINIMU:M IHATERIAL REQUIRED FOR COl.\tlPLETE PRELIMJNARY APPLICATION I. Payment of fees (refer to "application fees" listed below. 2. Completed application fonn. 3. Preliminary plat infonnation on· Certificate of Survey. 4. 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). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature__________________ Date _____________ ___ MINii'vfUlYI I'tL.\ TE RIAL REQUIRED FOR COJ:VIPtl:TE FINAL APP LI CATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of fonnalplat. 3. Title opinion. -t Easements, covenants, etc. 5. Developers Agreement '::~L}Credit. Zoning_ Official's Signature 7..~X ~ I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: Sketch Plan Review (Class I, II & III) $250.00 Subdivision of a Lot Line Rearrangement $350.00 Subdivision Application (Class I & II) $350.00 Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential) Final Plat Application (Class III) $200.00 Legal Review and Filing: ___ Subdivision only $75.00 ___ Subdivision w/easements and covenants min. $200.00 Park Fees (to be detennined per Section 11.62) Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $200.00 (No change from original application) Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) Renewal ofFinal Class III Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: . Proposed Private Roads $600.00 + $.50/lineal ft.; ___ lin. ft. x .50 = $ __ _ Proposed Public Roads $900.00 + $.50/lineal ft.; ___ lin. ft. x .50 = $ __ _ Request for City to Accept Existing Private Road $900.00 ___ Proposed Sanitary Sewer Main Extension $250.00 + $25/stub ___ Proposed Watermain Extension $250.00 + $25/stub ___ Proposed Storm Sewer System (excluding culverts) $200.00 ___ On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x ___ new lots C. Flexible App1ication Fees/Misc. Fees ___ Variance $220.00 ($50.00 per each additional variance) 1)'2,JvE.~ X Ee.3emc11t 'Vacation Associated ,,it!, Sttbdivi-sion Sl00.00 ·EN5e.H=NT FOJt-SL\a>tVISION ___ PRD Application with Subdivision $30.00/Dwelling Unit The applicant hereby agrees to provide all information re~d or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessa ro fss I is apP, ation and further agrees to pay all additional fees established by ordinance. ...J.o(:9 r:t Applicant's Signature _;;;;__;_..::::.::=..!.....:.==.==--1-~-.:i:..i.-<-.:..l..-f--+-..;;.-.,,.u_ ..... _ '_"" ,.,_+-= Date::...__...1.Cf;~t,.?)~ ,_f.._.:::O _______ _ Drue:.__...:..!.9/_2..::::::.3:.....!./9i..::::..t ___ _ Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all 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 change prior to the meeting. 11 Oct 07 98 12:40p Greenfield Corporation Lamie 1\1. Lwtdeen Laurie M. Lundeen 3220 Hopkins Crossroads l\Ilnnetonka, l\1N 55305 Ms. Liz Van Zomeren City Planner/ Zoning Administrntor City of Orono 2750 Kelley Park~y Orono, l\,finnesota 55356 Dear Ms.Van Zomeren Thank you for your letter of October 1, 1998 938-8144 Hilloway Corporation J1mFenning 1550 Hwtter Drive \Vayzata, l\1N October 7, 1998 13 I did not realize that the application \NaS incomplete. In your letter you refened to the access as no longer "via the platted Outlot." It is my intention to maintain the only access to the lot by way of the outlot. What I am requesting is that wa be able to grant a private casement for c1rivev-.,ay purposes over the v-.,~sterly 20 fact oflot 3. This casement v..-oulcl run in favor of Lot 1. \.\Then the property was graded an.cl the p1ivate road constructed on Outlot A to serve lots 1, 3 and 4, ChaclVvick v..e discovered that a chivev,.,ay coming off the side of the_ Outlot was preferable to a chiveway that v-..ould come off the and of the Outlot, We concluded this because 1. There v.ould be less removal of trees directly in the path of the chivevv.ty. 2. Because the chivevvay traverses a medium sized ravine there '\Nould be less fi.1ling of the ravine and less tree removal on the side slopes wiere the fill v..oukl be placed. We have since sold Lot I and a house is being constructed on it. When v-..e sold it, v..e granted the buyer an easement aver the \\esterly 20 feet of Lot 3. In other cities \\here I have developed real estate it has nut been necessaiy to got approval from the City For pt.ivate casement purposes. But I have since learned that Orono has had special circumstances occur that have necessitate this ordinance. Ignorance of the ordinance; of Orono, on my part, is no excuse for my granting of the easement. Toe easement v,,as only granted to save trees and grading. I am respectfiffl.y requesting the City of Orono to pennit my granting of a chivev-.ay easement over the \M:stetly portion of Lot 3, Chach-.ick-in favor of Lot 1, Chadv-.ick. Thank you, I appreciate your consideration of this matter. Sincerely. Laurie M. Lundeen President Greenfield Corporation g: I . ',, ll . "° ! CERTIFICATE OF SURVEY FOR EVAN MELINE OF LOT 1, HENNEPIN BLOCK · 1, CHADWICK COUNTY, MINNESOTA ! j I ..______,_._-------.---- j BAYSIDE ROAD g: ! i ! ! z , ,-): '""'•:-:-,.:;;,.::_ :::::::::---~-- q ' \ , •• ,;., ' ~ . -c,_ ------' · , ~ -------r,.~ --, ,.,,,!,,.,1~1~t11~~~:-=~---· ·------85 ,,,.,,,,, N 89"45' 00" E 205.15 " '\ S 89"45'i W 15.00 N C•!3o• 15" W '· ' I I """"" I g I : • "'""'" I I r 30.oo N 89°45'' E 15.00 : j ··: i :z 1··0· I :;o :--4 :!I . I ,. (/)' q ::C lo i :;o : (Tl I iO : :;o 1-::< z q u q ~ ~ !::l 10 1 EASEMENT I t· """•' ~ "\ I . • ;;,'}"-I I~ .. .. ~ ~I \ J "' • 5 / I I --"' ..-R,--:-7 .\ ,,-...... .._ .._ -, .... ,4~5•✓ '-. '-. 't ' .......... ~ti,;;-''1 "-/' ' .... ' ' ,, ' ,··. ' -~ I '-. • ......... I I>'-' '-. ........_ ~ .,_ -·t . '-"-:.0'-. ..._.,_ '-..__--_, ___ ' ' " "' '-, ...,,_' -->. I \ ~ Ji.O -.. , · I \ ' I _, '° I :-, ol I I / .-I__. I / ...__ __ '\. \I l Z..,.~, I \,! \, "t I 1 I ~ I 0 ~ I . I 89 944 so. fT. I ,..,.._, ~: I ,v (2 ,06 5 ACRES) .. / I "r~,~1 cl I .. I ~,, <.. I ' "1_ < / i / -., ►>-1 s I '\. r, <' I., o."' / / ,, "'--r/ ,v r I ,, . <,.._a_,/. ~ /'-..I . I . ✓., / I: I \. : ! fT1 i : :E l fT1 I (/) ~ I . ~ / 4' .->. '\_ / /. . A.,.~~~ ~ '< / /4 / .· "•.,: 11 ' , .. ,, ./,.< / ,,, ,\,/ •·)' ~ /' / / ""' -'i:I ',. ../ . I / /o\ '(> .._jl J.;__ / <£ --; I / / qO , -~•°:-1/J \ -I 1: 10 .s 1: I: I ··7 / :: / / / / : ' ~ I / / ! i ' ' 1, . I' / , .. ' ... I / / o0i ~ _,,,...,.,l ' ! i . lJ i ., : I "° I EGA\ DESCRIPTION Of PREMISES Lot 1, Block 1,;CHADWICK o : denotes irpn marker · -/ ... f"' I L. - (1015.6): denotes existing spot elevation, mean sea level datum I to 12.e I: denotes pr.oposed spot elevation, mean sea level datum --1004 --denotes existing contour line, mean sea level datum I Bearings shown, ore based upon on assumed datum. LOT AREA = p9,944 SQ. ·FT. (2.065 ACRES) This survey intends "to .. show the boundaries of the above describeq properly,. and the propos-,d loca·tion :ot a proposed house thereon. It does not purport to sh_ow o~y o_ther improv~ments or encr~ochments. .. .. ?ROPOSEO 'ELEVATIONS : 1) BASEMENT : = j11oJ. & ! • 2) TOP OF FOUNDATION ,;, im•.1 . .-1 3) GARAGE m iti>.,.1.0) ' \ \ . ,-:J .. _, ·~& &; § ~e D(SJGN(D I REVISION OATE DE~CRP1:IOtl • I HEREBY CERTlfY THAT THIS PLAN, SPECflCA TIOtl, OR REPORT WAS PREPARED BY ME OR UIOER MY· DIRECT SUPERVISION AND THAT I AM A DULY LICEHSEO PROfESSIOHAL ENGN:ER UNDER THE LAWS Of THE STATE Of MH'lESOTA. DRAWN CHECKED J---:--jr----:-f--:----:-----::-------------l COFFIN · & GRONBERG,. lNG .. I ,.,, Iv·•· ,v r,,_,,., ("K'• • ---·· ,-('MW fONSUL TING ENGINEERS, LAND SURVEYORS, SITE PLANNERS •A•_.,,;___!_•'li"'-' ,,_,.,__u_,-__,.__;1~ 482 TAMARACK AVENUE, LONG LAKE. MN. 55356 612-473-4141 DATE _!l:g.:zt_ MN LICENSE NUl,IBER / 2 7 Y.f #0 .. c.t'·~· .,r·-t &-1'~ ,/'1 .-~.:.•.·. · r .. _;•:-r.J :.\ 1,.__._.......i:.. __ , 1-n ~) ~~) 1,;:4 •. :'' ~;I •-\'. .. ,,,:'.}) () /",;:;; .. ,,. J ;i•~~•r•~"' kJ '4-.:} .. ' /1 1 SCALE· 1"-J«'i DATE: +-23-98 JOB NO. 98-102 0 Bonestroo Rosene Anderlil<& Associates Engineers & Architects October 14, 1998 Elizabeth V anZomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer Principals: Otto G. Bonestroo. P.E. • Joseph C. Anderlik. P.E. • Marvin L. Sorvala, P.E. • n· Richard E. Turner, P.E. • Glenn R. Cook. P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. • Robert W. Rosene, P.E. and Susan M. Eberlin, C.P.A., Senior Consultants Associate Principals: Howard A. Sanford, P.E. • Keith A. Gordon, P.E. • Robert R. Pfefferle, P.E. • Richard W. Foster, P.E. • David 0. Loskota, P.E. • Robert C. Russek. A.I.A. • Mark A. Hanson, P.E. • Michael T. Rautmann, PE. • Ted K.Field, P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolfs, P.E. • Sidney P. Williamson, P.E., LS. • Robert F. Kotsmith • Agnes M. Ring • Michael P. Rau, P.E. • Allan Rick Schmidt, P.E. Offices: St. Paul, Rochester, WHlmar and St. Cloud, MN • Milwaukee, WI Website: www.bonestroo.com Re: Greenfield Driveway Easement File No. 139-2432 Dear Liz: We have reviewed the request for a driveway easemem for Lot 1, Block 1, Chadwick. The site is located in the southeast comer of the intersection of Bayside Road (C.R.84) and North Shore Drive West (C.R.19) in the north half of Section 6. Based on a site visit and a review of the Certificate of Survey, we have the following cornments in regards to engineering matters. 1. Access: The revised driveway alignment across the proposed easement appears to be acceptable from an engineering standpoint. The new alignment would result in less tree removal and minimize impacts to the ravine. Our site visit did indicate that a culvert under the driveway may be necessary at a point approximately 120-feet south of Outlot A so that runoff is not trapped east of the driveway. Please contact me at (604-4863) if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~0~ Tom Kellogg Cc: Greg Gappa, City of Orono 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 RUN DATE 09/23/98 BATCH 504 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 31!-PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 36 01-117-24 11 0005 04885 CO RD NO 19 GARY O & THERESA A REIERSEN GARY O & THERESA A REIERSEN 4885 CO RD 19 MAPLE PLAIN HN 55359 38 06-117-23 22 0018 00038 ADDRESS PENDING ERVIN A WACHHAN JR ERVIN A WACHMAN JR 2135 SALEH CT LONG LAKE HN 55356 38 06-117-23 22 0021 04755 BAYSIDE RD HILLOWAY CORP ET AL HILLOWAY CORP & GREENFIELD CORP 1551 HUNTER DR WAYZATA HN 55391 38 06-117-23 22 0024 00180 NORTH SHORE DR W RODNEY B COLSON RODNEY B COLSON 180 NORTH SHORE DR MAPLE PLAIN HN 55359 38 31-118-23 33 0007 04740 BAYSIDE RD L YOGERST & D DUNN D DUNN & L YOGERST 4740 BAYSIDE RD MAPLE PLAIN HN 55359 38 31-118-23 33 0013 04680 BAYSIDE RD HD SLETTEN & HK SNETSINGER HD SLETTEN & HK SNETSINGER 4680 BAYSIDE RD MAPLE PLAIN HN 55359 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 01-117-24 11 0006 00036 ADDRESS UNASSIGNED GARY O & THERESA A REIERSEN GARY_O & THERESA A REIERSEN 488S CO RD NO 19 MAPLE PLAIN HN 55359 38 06-117-23 22 0019 * 04775 BAYSIDE RD EVAN R HELINE EVAN R HELINE 16901 GRAYS BAY BLVD WAYZATA HN 55391 38 06-117-23 22 0022 04725 BAYSIDE RD J W HORGAN JR & D G PULFORD J W HORGAN JR & D G PULFORD 815 PINEVIEW LAN PLYMOUTH HN 55441 38 06-117-23 22 0025 00038 ADDRESS UNASSIGNED HILLOWAY CORP ET Al HILLOWAY CORP & GREENFIELD CORP 1551 HUNTER DR WAYZATA HN 55391 38 31-118-23 33 0011 00038 ADDRESS UNASSIGNED BR LANGE & J B BURRELL BRUCE R LANGE SUITE 615 53 W JACKSON BLVD CHICAGO IL 60604 70 36-118-24 44 0009 00087 MCCULLEY RD LARRY & SUSAN VENSEL LARRY & SUSAN VENSEL 87 MCCULLEY RD MAPLE ·PLAIN MN 55359 REPORT NO. PI435401 38 06-117-23 22 0017 04665 BAYSIDE RD IT & H L GEFFRE IRVIN & MARJORIE GEFFRE %6S BAYSIDE RD MAPLE PLAIN MN 55359 PAGE 7 38 06-117-23 22 0020 00070 NORTH SHORE DR W JERRY R BOLDENOW JERRY R BOLDENOW 16912 EXCELSIOR BLVD MINNETONKA HN 55345 38 06-117-23 22 0023 00150 NORTH SHORE DR W SD & J A DZUBAY STEVEN D & JULIE A DZUBAY 400 FORD RD ttlll ST LOUIS PARK HN 55426 38 31-118-23 33 0006 04720 BAYSIDE RD B PETER ACHEY ETAL B PETER ACHEY 4720 BAYSIDE RD MAPLE PLAIN MN 55359 38 31-118-23 33 0012 001S0 MCCULLEY RD MARCIA A BARNUM MARCIA A BARNUM 10564 PARKER DR EDEN PRAIRIE HN 55347 TOTAL BATCH 504 00017. ::tt: '"'},'-<, ':) ~~i \ . {;,/ X\ \: '\.''\":" ~ f."1-,~ ::·~ t' .... , ... ii~ 'iC · : C'j;} ~-• .. -~~ V . ~ _._ .. ~~ };'i·. ....;:.;~--·,iL ,._..-. tl'<ll·· (Y) RUN DATE 09/23/98 BATCH 504 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 38 06-117-23 22 0004 100 NORTH SHORE DR W SM CAMA\ET AL STEPHANIE M & ROBERT E CAMP 100 NORTH SHORE DR W MAPLE PLAIN MN 55359 PAGE 8 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF~ qa<J. l't d}~ lli~~ \ DATEq :}.4J _ -\~y _-l ____ v1 Ll_~-----=-------- ~~ .,.~l:t~ Ut' t'if'JJ (t \ .. ,/ ~i\, • •. , [·-1,J ~> '·""'! -~~ . t (,) ,_,,,·) K r 'tQE:··' ·~-~,,~· ~.·;:;\; ·':;~'./.t: i ;· .,.y . /t \\ 1 • . ~ \;~,-... ,,;_" ,.;.;,.., < lC ..... '. -.... ) ·.' " . ·. -"'.-...... ,.,, '- \j --. '\. ;_' ,. ~ -~ .... _ {'. '-> :.::-, --~ l : T ,. '' ] ) ~,~ " . I j ./ ./ ' ". 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' ~-,.: :· ......••• .,,,.,_. : •..t ... "' ... , tt , .. , .. : ,• ,.-1• J ; : : " ' ! ~ : -: ;, ... '!w,,,.-:{: . ...-,,11» i (-."'~/;:"'""'1···"··--·..:/ .,.~,: : • _: 0 :-~:n·,!..";r._~'~~--· ll .. --::1;a~.-,.-:.. ......... ,:..~.:.......... :'··········· ;;·;;• •, ~}-; .. E;.;°;~··=:~::~:·;;::.:.;;·.;;::;:~::::~:~·~··~:~···········~. ~-2~'.·:/\:'.'.~ ........................ :.;:::::i 1::::: ...... : .. ~.~ ............... \ l ........ L .... ··············~·~······· ..... : .......... .! ... , ............ . / •: \ • • • " NORTH SHORE DRIVE WEST • ~ ) • i :. ~ • NORTH SHORE DRIVE WEST _ • ~ / Y·;·~··. ~ ..i. .. 1;::;;.::,'::"'S:};~:;~;~·:· . .,,., ...................... :·::".:,\f.: ...... ··~ ..... ··-;.~;:-.-·-··-· 1.•:l}"" .. • ....... =·H·.:.,-r:~ .................. ~·.-:~~?.f.·.:· ................... ~··~~1::::::· .. =.~~·=:~~. t : : ·. _,,., .. , .... o-,.. . -, , '~•<0101 .. , •• .,. ,, ..... "'·*' ; ~, 1 4 1ii,"' .. ":.!'~·,-:. ~'it!1. !. . / It: .-... c.C.tllJ ➔ 0 1 lt()ilf~ ...... ., .... .,, .... ., ..... ,, •• ,_,_, ••••• • Al ,u.,,,«;1 _,.,_,. NIii t•WO\IVI M UP.14.0IIU\M l• •l u .. II ~-... ~"•1---1 • , .. --~ ................ :······· .... y ... . ..... ~-~-.--... .. ... ,.._.,.,...."' ..... -..... .. ................ _...___.,. ....... ...... lf'll .. .., ............... .,.._, COfflN & GRONBERG, INC. OOo:RS, lAIO Sllll'EYOOS, IWICRS SHEET 2 OF 2 SHEETS ➔ 1\-IINUTES OF THE REGULAR ORONO CITY COUNCTI.., MEETING HELD ON JUNE 10, 1996 (#3 -#2112 Richard and Janet Putnam -Continued) Goetten informed Putnam that she has heard his comments, and the Council is looking into \vhere the process may be speeded up, noting there are places where it cannot. While there may be possible areas for improvement, Goetten said the City tries to be fair and not single out any one property. Goetten says she does not care for after-the-fact variances, but reiterated that Putnam's comments will be considered in their review of the process for possible changes. Kelley moved, Callahan seconded, to adopt Resolution #3730, granting an after-the-fact hardcover variance to Richard and Janet Putnam of2765 Casco Point Road for replacement in-kind of the existing deck. Vote: Ayes 2, Nays 1, Goetten, noting she did not vote in favor of the variance in 1988 and is not changing her mind at this time. (*#4) #2133 JOHN AND KARLA SPOONER, 1385 ORONO LANE -VARIANCE -RESOLUTION #3731 Goetten moved, Kelley seconded, to approve Resolution #3731. Vote: Ayes 3, Nays 0. (*#5) #2134 ROBERT ALBRECHT, 1810 SHADYWOOD ROAD -AFTER-THE- FACT VARIANCES -REQUEST FOR REFERRAL BACK TO JUNE 17 PLANNING COI\:II\.IISSION Goetten moved, Kelley seconded, to refer the revised proposal of Zoning File #2134 to the Planning Commision for review on June 17th. Vote: Ayes 3, Nays 0. (#6) #2136 GREENFIELD CORPORATION, 180 NORTH SHORE DRIVE WEST -PRELIMINARY SUBDIVISION lviark Gronberg and Laurie Lundeen were present. Mabusth reported that the 17.2 acre site received preliminary approval for a 2-lot subdivision in 1986 for a single residential lot with a larger outlot for future development, but it was never finalized. The applicant proposes a 6 lot residential division with 3 lots . served from North Shore Drive and 3 lots at the north from a private road with a cul-de- sac. The northeast access at Bayside Road was selected as the best access in 1986 review. This access was to serve the subject property and property to east (Bayside Farms 2nd Addition). The extension road, Outlot B, will serve as access to future development vvithin Outlot C, Bayside Farms 2nd Addition. The developer ½ill be asked. to grade and seed the roadbed, as current owner of property to east has no immediate plans to build residence or subdivide. 3 \-\- 1\'IINUTES OF THE REGULAR ORONO CITY COUNCIL l\'IEETING HELD ON JUNE 10, 1996 (#6 -#2136 Greenfield Corporation -Continued) 1',fabusth continued that there are designated wetlands along with type 1 and 2 wetlands, which are not part of the City's mapping but require protective covenants. The applicant will be asked to provide detailed plans for access to lot 6. Access for lots 1, 3, and 4 will be served by road outlet A and lots 2, 5, and 6 from two separate curb cuts off of North Shore Drive. The existing residential drive to lot 6 encroaches on the property to the south, is unsafe, and will be eliminated. A new shared access will be located on the shared lot line behveen lots 5 and 6. A detailed plan of this access will be required from the developer. The 26' setback must be maintained from the wetlands and 20' setback from the drain.field area. The key issue for this proposal is access. The applicant wants to preserve the 3 obvious building sites and presented a similar plan outlining this arrangement in the sketch plan review. Based on the location of septic sites (2, 3, and 4), location of wetlands, and topography, the developer has a:sked to create a new curb cut at North Shore Drive and create a private road that would serve only 3 of the 6 lots. The code provides construction standards for typical section for road serving 3-6 units. The comprehensive plan is less detailed. It notes the general desire of the City to have private, internal roads, , instead of new curb cuts. In this proposal, there would be 1 new curb cut at North Shore ~ Drive. Lot width variances would also be needed for lots 1, 3, and 4. The 12 septic test si:es reveal the need for mound systems. Mark Gronberg reported that the property consists of 655' at property line adjacent to Bayside Road. The County has asked for 17 additional feet for County Road 19 for a total dedication of 50'. This would allow 200' for each lot. Gronberg said, if the cul-de- sac was extended westward, the lot widths could be achieved. Gronberg did not care to do so. It would result in the elimination of lot l's building site. Gronberg noted the steep slopes. Gronberg remarked that the frontage along Outlet B would give lot 4 required frontage and argues whether a lot width variance is required. CoRds 19 and 84 also serve as frontage for lot 1. Lot 3 is located at the end of the cul-de-sac and would need a lot width variance. Kelley asked if the proposal could meet the ordinance requirements if the cul-de-sac was extended. Gronberg said this is true. The variances are being asked for in order to pull back the cul-de-sac to put in the road for the adjoining property. Hurr questioned whether there was a need for a full cul-de-sac or for outlet A? Iflots 1 and 3 shared a driveway and lot 4 came off of the qutlot road, only a temporary cul-de- sac would be necessary. At th.is time, there is no idea when the lot to the east would be developed. There are no building plans for the outlot. It would be just graded and s~eded. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL l\ilEETING HELD ON JUNE 10, 1996 (#6 -#2136 Greenfield Corporation -Continued) Kelley noted that lot 4 access would be in the first 50' of outlet B. Cook said outlet A could be eliminated. Callahan asked what the function of outlet B was? Gronberg said it was for the purpose of future development for site distance. Laurie Lundeen asked Mabusth to explain the plans. Mabusth said, based on earlier directions of the City, the northeast corner was selected during the Olson subdivision as the best access for the subject property and property to immediate east. Goetten questioned why this developer has to provide the access for another development which has yet to be planned? 1'fabusth noted Staff is following directions of Council. · Hurr asked why a shared road could not occur. Mabusth said it would eventually happen but would need a turnaround. Mabusth informed Callahan that the cul-de-sac in outlot B is necessary to provide a turnaround for emergency vehicles. Lots 3 and 4 would be accessed from outlot B if the cut was made from the top. If there was to be a shared driveway for lots 1 and 3 and bring a platted driveway down for lot 4 and the property to the east, a permanent cul-de- sac would be installed at a later date. It was discussed that outlet A could be eliminated, and leave outlot B as the main access road, and an easement taken from lot 4 for a temporary turnaround to eliminate any setback restrictions. The easement would then go away when the future road was built. Hurr asked if the drainsites meet the setback? Mabusth said they did. They are located mainly downhill. One site is at 8% for lot 6. Hurr was informed that the average distance from the house to the septic sites was 300-400' for lots 2, 3, and 4. Gaffron said this was unusual and pumping would occur but was not limiting these sites. Goetten said she was concerned that, when looking at the entire subdivision, gerrymandering was occurring to make 6 building lots. Goetten said she was not in favor of the subdivision as proposed. Gronberg likened it to a PUD with clustering of building sites: · Lots 5 and 6 were noted to meet standards. Hurr noted that there was no standard in the code that requires lot v.-idth to be maintained for a specified distance. Mabusth concurred: Goetten said lots would still need to access a temporary cul-de-sac. :Mabusth said lots 1, 3, and 4 would all come in at the northeast corner via the revised road outlet. 5 l\IINUTES OF THE REGULAR ORONO CITY COUNCII .. l\IEETING HELD ON JUNE 10, 1996 (#6 -#2136 Green.field Corporation -Continued) Kelley commented that technically, the subdivision could meet standards but was now dealing with future development and safety issues. Mabusth responded that the Planning Commission was concerned v.iith the internal road and saving the view. To maintain the best sites, the Planning Commission recommended approval of the internal road and lot width variances. Goetten said she disagrees with this assessment and sees it as an attempt to gain 6 lots. Mabusth said Planning Commission members were concerned for lot 4 with its limitations such as septic sites, type 1 wetlands, and need for a retention pond to treat runoff from new road bed. ~fabusth said it was questioned whether there was adequate room for a rural residential building site. Gronberg said there is adequate room for a building site and was conscious of protecting the wildlife area. Mabusth commented that the Planning Commission was also concerned with protecting the alternate sites ·with the long lots and specified need for protective covenants to protect alternate sites. Kelley inquired why the primary sites are not located farther down the lots and the alternates up near the building sites. Gronberg said it was just a matter of a longer way to go. Kelley said if the primary fails, the water would seep down to the alternate sites. Gaffron said if the initial systems fail, they would be turned off and would have to wait to be built. He continued that when the first sites are done, care would be taken not to ruin the second sites. Callahan noted that all septic sites seem to be near to the protective wetland areas. He did not suggest changing the sites but questioned how protected the wetlands would be. Gronberg said the land rises 12' from the pond and does not a~ticipate the systems failing. Council debated whether the proposal was the best use of the property, the highest use, or the most intensive use, and what could be done if all standards were met. Kelley requested that the application be tabled, reconfigured with the cul-de•sac moved · dmvnward and outlot A eliminated, and new sketches be brought back to the Council. It was noted that the Planning Commission approved the application in its current form. Hurr moved, Kelley seconded, to table Application #2136 to allow the applicant to consider the direction given by the Council and present these changes to the Council at their next meeting. Callahan asked Goetten what suggestions she might have. Goetten asked for fewer lots noting her concern over access and drainfields. Goetten did comment that the proposed change by Cook was an improvement but would deny the application at this point. Callahan said he shared the same concerns to some point. Goetten said this would allow the opportunities for changes to be made depending on the majority opinion. 6 IVIINUTES OF THE REGULAR ORONO CITY COUNCIL l\'IEETING HELD ON JUNE 10, 1996 (#6 -#2136 Green.field Corporation -Continued) Vote: Ayes 4, Nays 0. Hurr noted that the lot width variances, by not extending the cul-de-sac, would save good building sites. (#7) REQUEST FOR SE\VER, JOHN l\IARESH, 2085 SIXTH A VENUE NORTH/1095 BRO\VN ROAD NORTH l\1r. Maresh was not present during the discussion of this agenda item. Gaffron said the applicant has requested consideration for sewering as part of the ?vfUSA amendment or in addition to the Lakeview Terrace subdivision. _ _, Kelley asked about the west side of North Brown, specifically, the Salem Court area, in refe~ence to sewering. Gaffron said this area has mound type septic systems. Gaffron informed Callahan that the property in question consists of a vacant 2-acre parcel abutting Brown Road and a 3-acre homestead parcel abutting Co Rd 6. Goetten asked how the septic was approved for the site without an alternate site. Gaffron said the sites had been. approved in 1988, but a new evaluator, who looked at the property in 1996, did not think there were sites actually available. Gaffron said this would need to be reviewed further. Kelley said he felt it was a question of management. Callahan noted for purposes of this particular request that the property be placed on a list for consideration for future sewering. ·when the MUSA is then granted, the City can see what might be done for this property. Kelley said if the North Brown and Salem Court areas want sewering, it would help to defer costs. Callahan said this would not be decided at this time as there were no sewer units available. Callahan said "vith 5 acres, he found it hard to believe that there would only be one site for a septic system and asked Staff to check it out. Gaffron noted the existing system was not working. The applicant has asked for a building permit. Maresh has agreed tq_ upgrade as necessary. Gaffron said the applicant may want to hold off if the Council wants to go ahead with sewering. Callahan said he was not willing to give·a.sewer unit if septic sites are available and asked that Staff place Maresh on a list for possible sewering in the future. 7 ": :MINUTES OF THE REGULAR ORONO CllY COUNCIL l\:lEETING HELD ON JULY 22, 1996 (#4 -#2134 Robert. Albrecht -Continued) Jabbour moved, Kelley seconded, to approve the resolution as presented with the change in language wording as noted. He noted, if the motion were to fail, the next motion would be to table the application. Hurr asked if there was any time frame to which the ha:dcover restrictions would be limited. Gaffron said no time frame was set but it could be. Hurr said, if the motion were to pass, she would recommend a time frame be indicated. Vote: Ayes 2, Kelley, Jabbour; Nays 3, Goetten, Callahan, Hurr. Motion failed. Jabbour moved, Callahan seconded, to table the application to allow the applicant to consult with his attorney in respect to the denial action. Vote: Ayes 5, Nays 0. The application is tabled to the August 12 meeting of the Council. (#5) #2136 GREENFIELD CORPOR.\TION, 180 NORTH SHORE DRIVE \VEST -PRELil\1INARY SUBDIVISION -SECOND AMENDED PLAN Laurie Lundeen and Mark Gronberg were present. Lundeen asked the Council members if they had been on the site. Goetten said she has been there but not actually walked it. Kelley said he had been there many times. Jabbour and Callahan have also visited the she. \fabusth reported that the applicant has provided an amended plan based on recommendations made by the Council. The original plan proposed a private road with cul-de-sac, and the first amended plan proposed a configuration of private road vrith driveway outlet. Ihe second amended plan proposes a 30' wide driveway outlet to serve lots 1, 3, and 4 only. There are no lot width variances required with the amended plan.' The owner of Outlet C, Bayview Farms, Second Addition, has been advised of the change. A private drivew·ay for that subdivision would be intalled \\-1thin outlets B and D. Callahan asked if the Staff ~ad any problems with the proposal. ~1abusth responded that the current proposal will not require lot standard variances. She also responded to a pre\.ious concern of the Council on why the Staff was so concerned \vith a road outlet being dedicated within this plat. Mabusth said the northeast access would serve as best}\ access for a future N/S through road. This was the City's opportunity to plat sections of a future road when surrounding properties are developed. Access from the west would benefit Waukman, as he too would be able to maintain views to lake and open space areas. Wauk.man was informed of this agenda item on the meeting and asked to attend if he had further concerns. Jabbour asked how this applicant could be expected to carry forward with the needs of another development. Staff responded that this is the basis for planning for future-needs. It is Stafi1s responsibility to address these issues. 3 I i\JINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 (#5 -#2136 Greenfield Corporation -Continued) Goetten noted that the proposal still results in the same lots. Jabbour thanked Goetten for insisting on no variances. Goetten said she felt the proposal was still gerrymandered. She also noted that the Staff memo did not address her concerns regarding the con.figuration of the lots, and it should have. · Hurr moved, Jabbour seconded, to approve the six lot plat as amended per revised dra,.vings dated July 12, 1996 by Mark S. Gronberg. Vote: Ayes 4, Nays 1, GoeJtery. . . O'fljlf\dt.,~ \Vhen asked, Lundeen said she was happy with the results as they were as they erigtflat.oo had wanted. (*#6) #2137 \YILLL..\1\I DUNKLEY, 2709 \VALTERS PORT LANE-DENIAL RESOLUTION #3743 Jabbour moved, Hurr seconded, to adopt Resolution #3743 denying variances to Municipal Zoning Code Sections 10.03, Subd. 14(C); 10.22, Subd. I & 2; 10.55; Subd. 8; and 10.56, Subd. 16(L) -File #2137, William and Susan Dunkley, 2709 \Valters Port Lane. Vote: Ayes 5, Nays 0. ("'#7) #2148 \VAYNE IVI. HOLl\'IES & JACKIE DAHL, 1390 PARK DRIVE- VARIANCE -RESOLUTION #3744 Jabbour moved, Hurr seconded, to approve Resolution #3744. Vote: Ayes 5, Nays 0. (#8) l\-1ELA1'1IE ROSE, 1020 BRO\VN ROAD NORTH -REQUEST TO \V AIVE SURVEY REQUIREM::ENT The applicant was not present Moorse said he has had discussions with the applicant. He reported that he asked Inspector Bruce Vang and Gaffron to visit the property to get an idea of the setbacks. The sketch from the contractor notes about a 63' setback from the north side. This was found to have been measured from the edge of the paved road. Moorse said, noting that there is a 60' right-of-way and assuming the road was located in the middle of the right- of-way, measuring 30' from center to define the lot line, it was detennined that the setback to the proposed deck was 2-3' less than the required 50'. r.foorse said he informed Rose she would probably need to reconfigure the deck to meet the setbacks or a variance would be required. In both scenarios, she was informed that at least a partial survey would be required. Rose had told 1foorse she would do so but did not necessarily agree to do the survey. 4 l\IINUTES OF THE REGULAR ORONO CITY COUNCIL J ""7 l\IEETING HELD ON AUGUST 12, 1996 (#5 -#2134 Robert .. A.lbrecht-Continued) Kelley said, if the intent of the 1991 resolution was not to increase the hardcover, the application before the Council shows a reduction. Goetten agreed but was not in favor how it \Vas being handled by adding another deck and removing hardcover elsewhere. Goetten did not believe the application would have been approved if brought before the Council as a proposal before being built. Goetten said she was not on the Council in l985 but i,vas involved with the application in 1991. It was her understanding that there would be no more hardc-0ver allowed on the property. She added that the driveway, now being proposed for reduction, was installed for safety reasons. Goetten said she agrees \>11th the conditions placed on the property in 1991 and would need to adhere to principles and would not vote for approval. \Vhen i\lfitchell noted the decrease of hardcover, Goetten responded that she was concern with continuing to approve applications that involve what the Planning Commission said no to in I 991. She also voiced concern with property owners constructing without permits and assuming it will eventually be approved anyways. r-..1itchell noted that the applicant would not take this same approach again. He also added that the sight lines were not affected by the deck for the neighboring properties. Goetten said she did not like to say no to such an application but would have to in this case. Jabbour asked for the comparisons of hardcover on this property in 199 I and as it exists now. Gaffron said 5080 s.f of hardcover was approved in 1991. There is 5037 s.f. of . hardcover existing today. The proposal calls for a total of 4832 s.f. of hardcover, which is less than what \Vas approved in 1991. Jabbour commented that the proposal was then truly a reduction. He noted that the City does not inspect drive\vays. He also commented that the lack of knowledge from not having grown up in the area was not a valid excuse. Callahan clarified that there was less hardcover today than what was allowed in 1991. Gaffron concurred. Jabbour said this was a key issue. Kelley added that the applicant was following the spirit of the ordinance. Callahan said he was troubled as seeing the application as the applicant trying to get out of a bad situation. Albrecht commented that the past 0\-Vner had used the driveway for parking of vehicles for those renting boat slips. Albrecht said the 22' of driveway \vidth was not necessary. Jabbour moved, Kelley seconded, to approve Resolution #3749. Vote: Ayes 3, Nays 1, Goetten. Jabbour's motion to reconsider so application could not be brought back before the Council received no second. ~ (~#6) #2136 GREENFIELD CORP., 180 NORTH SHORE DRIVE \VEST - / PRELThfL~ARY SUBDf\1SION APPROVAL -RESOLUTION #3750 Callahan moved, Kelley seconded, to approve Resolution #3750. Vote: Ayes 4, Nays 0. 5 l\'ll1""'UTES OF THE REGULAR ORONO CIIT COUNClL I z l\IEETING HELD ON NOVE1\IBER 12, 1996 PARK CO~Ii\HSSION COMMENTS Commissioner Wilson stated the Park Commission is in the process of revie\\ing the park inventory for final review as well as working with the Antoine Park neighbors to determine the needs of the park. The building on the property and play ground equipment needs are being evaluated. \Vilson reported that ice rinks \vill be maintained at Casco Point, Hackberry, and Bederwood Parks. The golf course club house will also be open for activities on Saturday and Sunday afternoons. Callahan congratulated Wilson on her appointment as Vice Chair of the Park Commission. PLANNING COi\'lMISSION COMl\IENTS Janice Berg was present, along with Dale Lindquist. Berg had no comments to make at this time. · PUBLIC COi\'ll\lENTS There were no public comments. ZONING ADl\'IINISTRA TOR'S REPORT (*#4) #2136 GREENFIELD CORPORi\ TION, 180 NORTH SHORE DRIVE \VEST -FINAL SUBDIVISION -RESOLUTION #3798 It was noted that while this resolution was on the Consent Agenda, Goetten had previously voted for denial of this resolution. Jabbour moved, Goetten seconded, to adopt Resolution #3798. Vote: Ayes 4, Nays 0. (#5) #2176 DANIELS. PERKINS, 55 LANDMARK DRIVE -RENE\VAL OF ANNUAL CONDITIONAL USE PEllivlIT-RESOLUTION #3799 The applicant was present. Mabusth stated that a conditional use permit was granted during the 1994-95 winter season for the excavation of200 cubic yards of material. Applicant had originally presented a plan that called for the removal of a total of 2,000 cubic yards of peat over a ten year period. At the time the CUP was granted, the Council did not approve the permit for a ten year period but recommended annual reviews. The applicant was allowed to pay a remval fee for the reviews rather than what is normally charged for a conditional use permit. Dredging did not take place in 1995-96 season as the need for the peat material was limited. The contractor advised that he would only need 200 cubic yards of peat every two years. 2 "· ( DECLARATION OF COVENANTS, CONDIDONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT TIIlS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT ("Declaration") is made effective as of October 15, 1996, by Greenfield Corporation, a Minnesota Corporation and Hilloway Corporation, 1Iinnesota Corporations Gointly referred to as "Declarant"). RECITALS: A. Declarant is fee owner of that certain real property located in Hennepin County, Minnesota legally described as: Lots 1, 3, and 4, Chadwick (the "Property"). B. Declarant desires to provide, for the benefit of Lots 1, 3, and 4 Chadwick, (the "Lots") an easement for roadway purposes (the "Roadway") over, across, and upon outlet A, (the Outlet' ), and to further provide for the maintenance, ownership, and restrictions relating to the Roadway and the easement herein granted. NOW, THEREFORE, in consideration of the foregoing, the Declarant hereby declares that the Lots and the Outlet are and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, restrictions, and easements hereafter set forth, which shall run with the Property and be binding on all parties, now or hereafter having any right, title, or interest in the Property and any part thereof, their heirs, successors, and assigns ( each of whom are hereafter referred to individually as an Owner, or collectively as "Owners"), and shall inure to the benefit of each Owner. Roadway Easement. Declarant hereby declares and creates a perpetual, non-exclusive private road easement over the Outlot for the benefit of the Lots and use by the Owners and their invitees and other public service providers, such as police, fire, bus and ambulance services. Maintenance of Roadway. 1) Each Owner shall pay an equal, proportionate share for any costs for construction, maintenance or repair of the Roadway. Maintenance shall include construction, reconstruction, resurfacing, snow removal, sanding and salting, as necessary, lighting, striping, and curbing as the Ow11ers shall determine necessary~ provided, however, that all maintenance shall be conducted in compliance with all applicable provisions of the City of Orono Municipal Code (the "Code"). Declarant shall be responsible at his/her expense, for initial construction of the Roadway, which shall in all respects conform to the requirements of the City of Orono ("City ). All future maintenance shall be conducted by the Owners or their contractors, at Owners' expense. L 2) Each Owner's share of costs for maintenance shall be due and payable on the date such costs for maintenance are due and payable to the person or entity rendering an account therefor. Each Owner's share of such costs shall bear interest at a rate of ten percent ( 10%) per annum from such due date to the date of payment. Any Owner may bring action, on behalf of the non-defaulting Owners, to collect a defaulting Owner's share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court maYallow, together with all necessary costs and disbursements incurred in connection therewith. 3) The plans, specifications and the awarding of contracts for maintenance shall be approved in writing by the Owners of Fifty One ( 51 % ) of the Lots. 4) No Owner may exempt himself from the liability for assessments by waiver of the use or enjoyment of the Roadway or by the abandonment of his Lot. ~ 5) Ownership of the Outlot. Each Lot shall be sold, transferred and conveyed together with an undivided one-third (1/3) interest in the Outlot. In the event City shall determine it to be in the public interest to utilize the Roadway as a public street, each Owner shall, after notice in accordance with applicable provisions of Code and Minnesota law, convey its undivided interest in the Outlot to City for no additional consideration therefor. Prohibitions of use of Roadway 1) No Owner shall obstruct or interfere whatever with the rights and privileges of other Owners in the Roadway and except for maintenance of the Roadway, nothing shall be planted, altered, constructed upon or removed from the Roadway. 2) No Owner shall obstruct or interfere with the passage of any school bus or emergency vehicle over or across the Roadway. 3) No vehicles shall be parked in the Roadway for a continuous period of time greater than twenty-four hours . . 4) No vehicular repair or maintenance may be conducted in the Roadway. Violation and Enforcement. I) In the event the Owners tail to conduct maintenance, it is agreed by all Owners that City may undertake such maintenance and assess each Lot an equal, proportionate share of the maintenance conducted by the City. Any such maintenance conducted by the City will not result in the Roadway becoming a .. public roadway Each Owner will pay to the City its equal, proportionate cost incurred by the City within thirty (30) days after Owner's receipt of such charges, or else such charge, including attorneys' fees and costs in collection thereof, shall become a lien upon the Lot for which payment has not been made. 2) If an Owner shall violate any of the obligations, covenants, conditions or restrictions contained in this Declaration, the remaining Owners shall have the right to enforce this Declaration, and in the event an Owner's violation results in damage to the Roadway, Owners may restore the Roadway to its prior condition and assess the costs of sucn restoration against the violating Owner. Any such assessment shall become due and payable upon the demand of any of said remaining Owners. All of the remaining Owners, or any of them, shall have the right and power to enforce this Declaration and to collect the cost of any maintenance required as a result of an Owner's violation in a legal proceedings for that purpose. The prevailing party in any such legal proceedings shall further be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. Nothing contained in this Section is intended to alleviate any obligation of an Owner to pay assessments to the City in accordance with Section 1 above. In the event any assessments are levied by City as a result of violations of an individual Owner or Owners, then such non- violating Owners may collect such sums paid to City from any violating Owner, in accordance with this Section. 6. Binding Effect. This covenant shall run with the land and shall be binding on and inure to the benefit of the Owners, their heirs, representatives, successors and assigns. 7. No Amendment. This Declaration may be modified or amended only upon the recording of a document setting forth such amendment executed by all of the Owners, their mortgage lenders, City and any other party having a record interest in the Lots. 8. Severability. Invalidation of any covenant, condition, or restriction set forth herein by judgment or court order shall in no way affect any of the other provisions hereof, which shall all remain in full force and effect. 9. Warranties of Title. Declarant represents and warrants that Greenfield Corporation and Hilloway Corporation are the lawful Owners of the Roadway and the Lots and have full right, title and authority to enter into this Declaration. Any mortgage lender, or other party in interest of the Lots of the Outlot, if any, shall consent to this Declaration, which consent shall be attached and made a part of this Declaration. IN WITNESS \VHEREOF, the parties have hereto executed this Declaration and covenant the day and year first above written. HILLOWAY CORPORATION STATEOFMINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 15 th day of October, 1996, by Laurie M. Lundeen, President of Greenfield Corporation, a Minnesota corporation. STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) This document was drafted by: Robert R. Roos, Esq. 1800 Rand Tower 527 Marquette Avenue Minneapolis, MN 55402 .CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 5 0 . A RESOLUTION GRANTING PRELil\'HNARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 180 NORTH SHORE DRIVE \VEST -FILE NO. 2136 \VHEREAS, Greenfield Corporation, a Minnesota corporation, (hereinafter the ·"subdivider") on April 26, 1996, filed a formal subdivision application with the City for approval of a six lot residential plat of property legally described as: The \Vest half of the Northwest Quarter of the Northwest Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian, EXCEPT that part of the West 274.77 feet of said West Half of the Northwest Quarter of the Northwest Quarter which lies South of the North 580.00 feet of said West Half of the Northwest Quarter of the Northwest Quarter, and which lies North of the South 545.34 feet of said West Half of the Northwest Quarter of the Northwest Quarter, Hennepin County, Minnesota (hereinafter "the property"); and \VHEREAS, 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 May 20, 1996, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and \VHEREAS, at their regular meetings held on June 10, 1996, July 8, 1996 and July 22, 1996, the Orono City Council considered the subdivision application of the subdivider 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 two acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 17.2 acres v.-ith 2.34 acres of designated wetland area. Page 1 of 8 .., -:, . 4. :k 5. 6. 7. 8. 9. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7·5 0 ~ The proposed plat consists of six residential lots each meeting the minimum lot standard requirements of the RR-1B, Single Family Rural Residential Zoning District. All lots have been found to have adequate and suitable soils for on-site septic treatment facilities providing both a primary and alternate site for each of the six lots. Lots 1, 3 and 4 shall be served by a private driveway designated on the plat as Outlot A. Lot 2 shall be served by an approved access at North Shore Drive or County Road 19. Lots 5 and 6 shall be served by an approved shared access at North Shore Drive or County Road 19. Outlot A shall be expanded to provide a backout pad for emergency vehicles at the east or road entrance side of outlot. The City Engineer, in his report of May 13, 1996, approved the grading and drainage plan for the development of this property. Thomas D. Johnson, a Transportation Planning Engineer for the Hennepin County Department of Transportation, in his report of May 13, 1996, approved the three curb cut locations at the County roads. Orono's Community Management Plan, Rural Transportation Policy 7 entitled "Driveway Locations in Rural Street or Private Road Intersections will be Limited for Traffic Safety" states as follows: "Joint use of carefully located private roads \vill generally be preferred over direct access on to public highways from separate properties." The developer has provided the following unique findings and hardships to support the creation of three new curb cuts ( one existing curb cut to be relocated) that shall serve all six residential lots. The Planning Commission has accepted the findings and hardships presented by developer. They are revie\ved as follows: Page 2 of 8 A.-Location of wetlands. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 5 0 B. Sloping topography to south and east. C. Subdivider's responsibility to provide a future access road to serve property to east. D. Property is surrounded by 1,800' of County Road along the north and west sides. E. The existing access serving Lot 6 has been found to be unsafe and encroaches 'Within property to the south. The new curb cut developed at the shared lot lines of Lots 5 and 6 has been approved by the County and meets the required sighting distance for a 50 mph speed zone. F. New curb cut to serve Lot 2 has been found to meet the sighting/safety standards for the 50 mph speed zone. G. The location of septic sites on Lots I, 2, 3 and 4. H. Desire of subdivider to preserve views to the south· and southeast for the obvious building sites on Lots I, 2, 3 and 4. IO. Orono's Community Management Plan, Transportation Chapter, CMP 7-17 states as follows: "PRIVATE DRIVEWAY A driveway is a privately O\.\ned and privately maintained vehicle path between the street and private property. Private driveways shall be subject to access permits according to the classification of the abutting street. Private driveways 'Will not be subject to any public easement or access right, but do require recorded private easements where driveways cross an intervening private lot between the residence served and the street. JURISDICTION: PROPERTY OWNER Page 3 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 5 0 MAXIMUM SERVICE: 1. RESIDENCE TYPICAL; DRIVEWAYS ALLOWED MAXIMUM THREE RESIDENTS DRIVEWAY IN RURAL AREAS USERS REQUIRE PRIVATE STANDARDS JOINT WITH PER MORE ROAD DRIVEWAY \VIDTH: WILL BE REGULATED WHERE MORE THAN ONE USER IS INVOLVED OR FOR PUBLIC SAFETY PURPOSES WHERE 11-IERE IS EXCESSIVE LENGTH BETWEEN THE RESIDENCE AND THE PUBLIC ROAD" The Comprehensive Management Plan allows three residential lots to be served by a private driveway. The Management Plan further states that a driveway serving more than one residential lot shall be regulated. The City Engineer shall be asked to provide design specifications for the private driveway within Outlot A 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 application of Greenfield Corporation per plat drawings by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc., dated May 3, 1996, most revised date July 12, 1996, subject to the following conditions: 1. 2. *3. Subdivider to grant a bike trail, drainage and utility easement 10' wide adjacent to Bayside Road (County Road 84) and North Shore Drive \Vest (County Road 19). Subdivider to dedicate 17' of additional right-of-way for North Shore Drive West along the west boundaries of Lots 1 and 2. Subdivider to execute private covenants defining responsibility for the upkeep and maintenance of private driveway, Outlet A, by. Lots 1, 3 and 4 and covenants to also address O\\/llers of all six lots' responsibility for maintenance of drainage facilities within plat. Page 4 of 8 ~4. 5. 6. 7. 8. 9. 10. 11. CITY of ORONO RESOLUTION OF ,!HE CITY COU. NCIL NO. ;:$ 7 5 0 . ~.· Subdivider shall be responsible for dividing equally ·the share in ovmership in driveway Outlet A of Lots 1, 3 and 4 via transfer deed of lots upon sale. All septic sites within subdivision are to be fenced off prior to any land alterations. Subdivider to grant flowage and conservation easement over designated wetland within Lot 6. Subdivider to designate drainage easement at a minimum width .of 15' over drainageway that extends westward from Outlot A to sediment pond in northwest comer of Lot 1. Drainage easements are to be taken over all sediment ponds and drainageways within plat. Subdivider to install driveway with backout pad within Outlet A. Plans for drive shall be reviewed and approved by City Engineer. Subdivider shall be responsible for installing a conforming septic system to serve existing residence on Lot-6 within 90 days of the date of preliminary plat approval (November 12, 1996) or prior to final plat approval, whichever occurs first. Subdivider is hereby advised that the City cannot grant final plat approval until a permit from the MCWD has been approved for all grading and drainage improvements on the property. Subdivider to create private covenants for protection of Types I and · H wetlands located \vithin property that are not classified as a designated wetland of the City of Orono. Such covenants to include site plans locating protected area and advising future ovmers of need to contact Minnehaha Creek \Vatershed District and the U. S. Corp of Engineers if land alterations are proposed before submitting plan to the City for review and possible permit. Covenants shall include protective language for alternate septic sites along \vith site plans locating both primary and alternative sites. Applicant to develop language alerting future property owners of need to protect sites on adjacent properties. Covenant shall also advise future owner of Lot 3 that no residential construction shall be allowed to south of primary and alternate septic sites. Page 5 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7 5 Q 12. Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, August 12, 1997. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application \vith the City. The following list of final submittals must be submitted to the Zoning Administrator nvo weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: I. Record plat drawings in the form of nvo (2) mylar copies (one copy for the City's records and one for filing Viith Hennepin County) and one (1) copy reduced to l" = 200'. Drawing to include: A. . Lot lines platted per preliminary survey by Mark .s. Gronberg of Coffin and Gronberg, Inc. dated most revised date, July 12, 1996. B. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot line. 1 O' drainage and utility easements adjacent to County roads to i~clude trail easement in favor of City (refer to special easement form attached). C. Dedication of right-of-way for County Road 84 at 33' and 50' adjacent to west lot lines of Lots 1 and 2 and 33' adjacent to the west lot lines of Lots 5 and 6 for County Road 19. D. Designation and dedication of drainage easements over detention ponds and drainageways as shown on preliminary plat. E. Designation and dedication of drainage easement over the designated wetlands located within Lot 6. * F. Designation of Outlot A to serve as a private driveway. Outlet A at a 30' v,idth is a private driveway that will serve Lots 1, 3 and 4. G. The naming of plat. Page 6 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 5 0 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. 3. Signed and executed drainage easements to be taken over drainageway and detention areas within plat (see sample enclosed). 4. Signed and executed developer's agreement and letter of credit for approved site improvements and construction of private driveway (Outlet A) and a single address sign_ locating residences served by Outlet A at Bayside Road entrance (see samples enclosed). 5. Signed and executed Flowage and Conservation easement over designated wetland within Lot 6. 6. Signed and executed declaration of private covenants dealing with the upkeep and maintenance of private drive (Outlet A), drainage facilities and specifying share of Lots 1, 3 and 4 in ownership of Outlet A (see sample enclosed). 7. Signed and executed trail easement over 10' wide drainage and utility easements adjacent to County Roads (see sample enclosed). 8. Completed private covenant for lots involved with protected wetland not included \\ithin conservation maps of City which shall include a site plan and metes and - bounds descriptions for these areas. Covenants to include protective language for alternate septic sites and to include the site plans locating both the primary and alternate sites. Subdivider to develop language alerting future owners of need to protect sites on adjacent properties. Covenants must be in a form suitable for filing. The City has samples of protective covenants used by former developers. Subdivider may \l,ish copies and should notify City. Page 7 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 5 0 9. Fees to be paid: Total due: $400.00* A. Final plat fee = $200.00 B. Legal review and filing fees for subdivision and associated documents = $200.00 *Park dedication fee shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor's report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of land within Lots 1 through 5. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of August, 1996 . ... STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of August, 1996, 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 8 of 8 STA TE OF Ivf.INNESOTA ) ) COUNTY OF HEl.'fNEPIN ) ) CITY OF ORONO ) RESOLUTION# .3 7 5 0 I. Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the ~finutes of the proceedings of said City Council at a meeting of said City Council held on :ri,, gn 5 t j 2 , 19 ~ and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this· -------·14 day of August , 19_96 __ , City Clerk (SEAL) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 't 9 8 A RESOLUTION APPROVING THE PLAT . OF CHADWICK FILE NO. 2136 N ,VHEREAS, 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 ofland within the City; and WHEREAS, the City Council has considered the application for a Class III Subdivision of a Six lot plat by the Greenfield Corporation, a Minnesota corporation, hereinafter (the subdivider); and WHEREAS, the subdivision has been found to meet all standards of the RR-IB, Single Family Rural Residential Zoning District, finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the · platting regulations of the City, including: 1. 2. .., ., . 4. J(s. Completion of all the requirements of Resolution No. 3750. Dedication on the plat of right-of-way for a public drive shown as North Shore Drive West (County Road No. 19). Dedication on the plat of drainage and utility easements . Dedication on the plat of drainage easements over detention ponds. Creation of a shared private driveway with backout apron shov.n on the plat as Outlet A. Concurrent with the creation of this private driveway, the subdivider has created non- exclusive ingress, egress easements over said outlet in favor of all abutting and/or benefitting lots including a declaration of certain maintenance covenants wherein Page 1 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 9 8 .""1 each of the abutting and/or benefitting lot O\vners' covenants and agrees to permanently maintain and pay the cost of maintenance for said private driveway. 7. Dedication to the City of a 10 foot bike trail drainage and utility easement adjacent to Bayside Road (County Road 84) and North Shore Drive West (County Road 19). 8. Dedication to the City of a flowage and conservation easement providing for limitations on the use of wetlands and/or drainage ways described therein and shown on the plat as drainage easements. 9. Subdivider has cre:;ted covenants for protection of Types 1 and 2 wetlands located within property that are not classified as a designated wetland of the City of Orono. The covenants shall include site plans locating protected areas and advising future owners of need to contact Minnehaha Creek Watershed District and U.S. Corps of Engineers if land alterations are proposed within the protected areas before submitting plan to the City for review and possible permit. Covenants shall also include protective language for alternative septic sites along with site plans locating both primary and alternate sites. Covenants shall include language advising future property owners of need to protect the sites on adjacent properties. 10. Payment to the City of a park dedication fee in the amount of $11,664.00. 11. Payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $200.00. 12. The Minnehaha Creek Watershed District granted Permit No. Application 96-123 to the subdividers on July _25, 1996 approving the storm water management plan for the construction of the driveways and the platting of the six lots. NO\V, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Chadwick, Hennepin County, Minnesota, subject to the following conditions: 'K. 1. Subdivider shall be responsible for dividing equally the share and ownership in driveway, Outlot A, between Lots 1, 3 and 4 via transfer deed oflots upon sale. 2. Subdivider shall execute an agreement providing for the installation of a new primary septic system on Lot 6 and final driveway improvements. Agreement shall be Page 2 of 3 3. CITY of ORONO· RESOLUTION OF THE CITY COUNCIL NO. 3-7 9 8 accompanied by a letter of credit written to 150% of the cost of the installation of the mound septic system and final upgrades of driveways. The subdivision and accompanying documents cannot be filed until the City is in receipt of both agreement and letter of credit. Subdivider shall be responsible for fencing off all septic sites within the subdivision before any land alterations. 4. Access to Lots 1, 3 and 4 shall be via Outlot A, the private driveway. Access to Lot 2 shall be via an approved single curb ct,1t at North Shore Drive West or County Road No. 19. Future owner or developer of site shall be responsible for obtaining a permit from Hennepin County Department of Transportation. Access to Lots 5 and 6 shall be via a shared drive along the side shared lot line at North Shore Drive West or County Road 19. Easements over access drive shall be created in favor of both lots. 5. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or a Registrar of Titles' Office on or before May 12, 1997 together with a certified original copy of this resolution and executed copies of the covenants and easements 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. Dated this 12th day of November, 1996. lin, City Clerk t4dl~~/ Edward J. Cal~ru{.Tr.,aior STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of November, 1996 by Edward J. Callahan, Jr., and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDAS. VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 Notary Public Page 3 of3 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2432, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of October, 1998. CITY of ORONO Date: October 8, 1998 Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Subdivision Amendment Notice of Public Hearing File #2432 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to send mailed notice to all property owners within 350' of the property located at 4755 and 4775 Bayside Road. The property owner(s) have applied for a subdivision amendment to allow an easement for driveway purposes over Lot 2 in favor of Lot 1. The Planning Commission will hold a pubic hearing on: October 19, 1998 at 6:30 p .m. in the Council Chambers at 2780 Kelley Parkway in Orono. Any party may appear at the hearing in person, by agent or attorney. A draft copy of the Planning Commission agenda is enclosed. The Planning Commission is advisory to the City Council. For further information, please call Elizabeth Van Zomeren at 473-7357. The proposed plans are available for review by appointment. Elizabeth A. Van Zomeren City Planner/Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone(612) 473-7357 Fax 473- 0510 The Planning Comm iss ion will hold public hearings in the Council Chambers at 2760 Kelley Pa rk way on Monday , October 19, 1998 . beg inning at 6:30 p.m . on the matter of reviewing the following lan d use applicat ions : : ~ . '· 1. #2421 .:James and ·Joann ·Jundt, 14 00 Bracketts Point .Road , request' further renewal of setback and hardcover variances granted in October -1996 and renewed .i n October 1997 for restoration of an existing retaining wall, underground grotto and lakeshore stairway system located within 75 ' of the lakeshore . 2 . #2431 Roger Olsen , 815 Partenwood Road, requests renewal variances for lakeshore· setback, •and hard coyer in . .JIJ.~ ... Q,-75' ~etbac~,.to reni,edel and expand arr;existing residence,/$ ~ · · 3 . ~.-i•'~1;~:t~~-, B~n . li73 Fager nes s..P.~ .. ~♦w;ts: 'I vesig e lakeshore .setback and hard_cover 'setbac~s to construct a new residence :·.'· · ;, · • ~ : . ·, 4. #2411 Paul Harissen··. 3195 c'asco Circle, re quests variances and a conditional use permit to rebuild a deck previously located on a bo_athouse.: · · ' 5 . #2422 Richard .. Gay, 2735 Shadywood Road . requests \iari_ances to increase the height of a fence to be located in the lakeshore ·and side yards. · · 6 . #2423 Gara Gehring and Tc;>m Terry , 340 Leat Street,, request a . variance · for tront yard setback to build a covered entrance . .. Affidavit of Publication . 7. #2424 Greg Klohn, 4455 North Shore Drive , requests average lakeshore State of Minnesota County of Hennepin setback and hardcover variances for an ' • add ition and a deck . , 8. #2427 Kent_on and (?iana Carlson, Bill Holm, being duly sworn on oath, says that he is 3498 North Shore Drive , request . · hardcover and selback variances to allow an 3n authorized agent and employee of the publisher after-the-fact covered porcti over a deck. · . , )f the newspaper known as THE LAKER.., Mound, 9 . #2428 • Terry Maurer on behalf of . . David Hardten, having an interest in 2515 Vhnnesota, and has full knowledge of the facts . Kally Avenue, requests variances for . . · hardcover in the 75-250' setback to construct NhlCh are stated below: a new residence .. . 10 · #2429 Jeffrey Brauchl~ and Elisa Ci,} The newspaper has complied with all the Schoonover, 650 North Arm Drive, request • · variances for_ hardcover and setback to 'equirements constituting qualifications as a rebuild an ex1st1ng deck . . 11 #24 32 G. f' Id c . ~ualified newspaper, as provided by Minnesota . reen ,e orpo rat1 on, . having an interest in 4755 and 4775 Statute 331A.O2, 331A.O7, and other applicable ; ·Bayside Road , request an amendment to a . subdivi,sion to provide an easement for laws, as amended. driveway purposes to the 4775 Bayside Road lot over 4755 Bayside Road . 12 . #2433 Dorie Finn, 1640 B.}Theprinted Land Use Applications Shadywood_ R,oacj ;;;r~q _L!_eslS after~e.-fact variances, ~o repla.:,e ~~~s; \ l ,. · 1 _ _: . 13 . #2434 Kids Art Studio, 2180 North Shore Drive, requests an amendment to a conditinal use perm it to allow a tip i. · · All persons wishing to be heard are · encouraged to attend this meeting. Written comments are solicited. Plans are available in the Ci _ty Offices for review, by appointment. For an appoitment, calf 473 -7357 . City of Orono By : Planning Commission_ Elizabeth Van Zomeren City Planner/Zoning Administrator (Published in The Laker and Pioneer . })ct. 3, 1998) vhich is attached was cut from the columns of said 1ewspaper, and was printed and published once ~ach week for 1 successive weeks: It was first published Saturday the 3 day of October 19....9..8_, and was thereafter printed and published every Saturday, to and including Saturday, the ___ dayof _______ 19 • OCT O ~ 1998 ;ffgL. ' Authorized Agent CITY OF ORONO Subscribed and sworn to me on this 3 By: 0 KRISTI HOLM . NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2000 (1) Lowest classified rate paid by commercial users for comparable space: $12.90 per inch. (2) Maximum rate allowed by law for above matter: $12.90. (3) Rate actually charged for above matter: $7.19 per inch. Each additional successive week: $5.14. CITY of ORONO October 1, 1998 Greenfield Corp. 3220 Hopkins Crossroads Minnetonka MN 55305 Re: Application #2432 Municipal Offices Street Add ress : 2750 Kel ley Parkwa y Orono, MN 55356 Hilloway Corp. 15 51 Hunter Drive Wayzata MN 55391 Ma ili ng Add ress: P.O . Box 66 Crystal Ba y, MN 55323-0066 State Law requires cities to notify applicants when their application is considered incomplete. The notification is required within 10 business days of receipt of the application. I have reviewed the application and am requesting the following information: 1. A letter explaining why the easement is being sought instead of access via the platted outlot. The letter should be addressed to me and will be included in the application to the Planning Commission and City Council. The letter should be sent no later than October 7th and may be faxed to me at 473-0510 . If you have questions , please call me at 473-7357. ~ncerely, i\L Liz Van Zomeren City Planner/Zoning Administrator LVZ/jlg Telephone (612) 473-7357 • FAX 473-0510 0(- _____ j__ 1---·-t-----295 -··---·-·-···--·-·-·-·- i fJ (9) \ 50 ' , "' -------~-----T- 1(, ::Ii ?:J>, I '(,-.·-, 133 ~S--_,._ I -,. I I I I ( 5) ( 6 ) ~ I <D 649 .'36---t . ~ I cp Ci...) I ! I 150 o3 I I ~ 0 :z 1 ( 12) ~ 05 S 0 0 (/) ~ 0 249 g 1----'------H 0 "' 0 z 0 ;i; ( 20) N89"45'E 224. TT 274. 77 ( 4) 226. 18 S89"32' 43"E (7) 18' i '3'30. 19 tit:.· ... ~v , .. "" ' it G ( 6) UTLOT A R., ;i, 1'30 . 19 i '--om 9!:i,,' . ...-t'- ~0·1-\l ·'---40 ,11~;;::.~l;_t:·21 d0m ( 13j 327. 58 ~ ~ * "' UJ "' 0 N89.,'32' 4311 YI :;> UJ 209. Qi 0 z a, 0 0 C> ( 5) ;; z <j 0 N I (9 : 657. 55 N89°37'07 "E CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance vvilh M.S. 13.04, Subd. 2, "Rights of subj eels of data", ,ve would like to infonn you that your request for a permit or license from the City of Orono or any L)f its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the . permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The infom1ation may be shared with other locai, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Last Address City State Zip I understand my rights as stated above. Signature Telephone (612) 473-73S7 • FAX 473-0510 16 Phone Sec.13.04 1UGH1S OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked 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 ,vhen an individual is asked to supply investigative data, pursuant to section 13.82, s;,1bdivisi0n 5, to a law enforcement officer. The commissioner of revenue mav place the notice required under this subdivision in the individual income tax or property tax refund instmctions instead of on those forms. Subd. 3. Access 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, shall be 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 addilional data on G;e 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 costs of making, certifying, and compiling the copies. 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 accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individua~. shall notify in writing the responsible authority describing the nature of the disagreemcn·~. The respansibk ::-.uthority 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 data, 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 individual's statement of disagreement is included \vith the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 17 TRACKING SHEET FILE NO. J.t.(:>1- Staff: V/JJr\ ~en / Applicant: Grt':UNlKeJd ~p !,1.4.bjti.f- Address: 41SS · {UlJ lflSS · ~~k ~ Zip: Er" Meeting with Staff: At toutl\:t.a.N D Date Application Completed: ------- ~ Incomplete Notice Sent: _______ _ D Date Property Owners Notified: --'------ ~ Date Legal Notice Published: ------- a---PC Meeting(s): g Notice of PC Action: ()c..+ :lO > lqqg City Council Meeting( s ): Ocl: 2,,JJ;J 14 'l 'i I D Resolution ~--fill,\.~ X:\APPS\ WPWIN60\ WPDOCS\CAROLE\FORMS\TRKNG.SHr 60Day: ______ _ Vote: ----- Vote: ----- Vote: ----- Vote: ----- Vote: -----