HomeMy WebLinkAboutProject Packetr LAND USE PLANNING
\\\\ ZONING VARIANCE APPLICATION
CITY OF ORONO
P.O. Ion 66, Crystal Say, Minnesota 5532 -7
EXHIBIT A
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Apo b°W
30.kk- -
S'si'CTI(v4S• Plea** first reed the attached lnforr tion Sheet. C4410 -It VMs 13
(Type or Print). If needed, attach letter or other information to tter
describe your request. lncoeiplete applications will not be accepts .
1. PROPERTY ADDRESS Northeast corner of Count.' Road 19 ,S 84 (legal
Legal descriptim shell be shown on attached Survev, Exhibit ) TrM hed
?. APPLICANT me„ `''Ki , 16".1, 111, . Phone (612) 333-0909
Meiling Address 432 Midland Bank Building, Minneapolis,
Minnesota 55401-2350
If Applicant is not owner. explain
3. OWNER usOe ti.unc Phone
Meiling Address
Date Property Acquired ''!- ' l , 1 ra7= (Mcnth/Year)
I (do) (4oxRaa also own other adjacent parcels of land)
4. AGENT a— Brent Wm. Pr ium . —Phone ( 612) 333-0909
fir. Primus Law Office
risiling Address 432 Midland nd Bank Iiiii I d i nil- J i nno.i� c> > 1 i M i 1111t.-
sota �'�'#('l-235O
5. NOTICES Should be sent to: Applicant Owner Agent
h. PRESENT ZONING USE DISTRICT RK-l�
i . PRESENT USE Rasident:al (other)
Vacant Lad Vacant building(s) it:cupied building(s)
W LPT OF EXHIBITS
Descripticn
Intr!al ADV1 "a Inn
must include
1 Ap;,.: Lion Fcrt
2 _ Prrperty !finer• :..S_
_ cc:.Jfleace �T
Fee Receipt 0�si��
Dote` Received—'f-3
by
Sta[[ Information
Plat Map
5 inventor~
6 Staff Comencs
Cthcr Infcrmetlon
8. DESCRIBE
REQUEST
ESTIMATED
CONSTRUCTI02
COST $
_ at
t '*to now use _
continue or *spend existing use
_ build new
_ add on _ reewdel , replace
Describe
request in
d,•tai: • Reconciliation of
issue of pant
common ownership
6. PRESENT ZONING USE DISTRICT RR -IA
l•
12 _
i . PRESENT USE Residential (other)
8.
9.
vacant Led X vacant building(s) Occupied building(.)
DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $ I
o6t.C:1*b ems use X continue or expand existing use _ build new _ add on remodel _ replace
Describe request in detai:• Reconciliation of i sstiv oI past common ownership I
VARIANCE (S) REQUIRED to do the requested Work: L: Area Lat Width liardeover I
getbaak ( rront _ Side Roar) Other Abi 1 itv Lo sell
10. Describe UNUSUAL PROPERTY CONDITIONS preventing compliance with zoning coda requirsm*nts:
The subject property was previously owned by Lee B. and Maude Primus. In 1974 the subject propert
was conveved to Ski-Tonka. Inc. Prior to that time the varcol known as 4740 Bay -side Knad had heen
divided, by Orono, and conveved by Co ntraCt for Deed in 1971. This; contract way; subse-
quent , rancelled for nun -payment. TH s; parcel was resold in 1178 to the present occupants. Since
the tiwe of tha ent main_ th,- i'rimiux both its _vendor s interest (cunt.)
Describe UNDUE HARDSHIP or PRACTICAL DIFFICULTY resulting from strict enforeament f xooing
11. and underlying fee interest In the 4740 Bays;ide Road parcel and retains no interest w�latso-
regulations ever in said parcel.
12. Describe EFFECT OF PROPOSED WORK on neighboring properties and on the neighborhood in general:
The APPLICANT and the PROPERTY OWNER must sign and date this application.
The APPLICANT hereby *areas to provide all information The (%MR hereby acknowledges and agrees to this application
required or requested by the Zoning Administrator, sgrees and further authorizes reaoansble entry onto the prnperty
to pow all feoo and/or unusual *upon&** incurred in review by City staff, consultants, agents. cossiselon nemLrrs.
of this application. and certifies that the inforwAtion and Goun:il members for purposes of investigation and
supplied to true and correct to the best of his knowledge verification of this re.{urst:
•
5 % loMto. i�-c �
fir-
Applicant's Signature Date Owncr's Signature
Da to
RLYN DATE 12/29/82
BATCH 003
36 01-117-24 11 0001
FPOP ADDR
x C:tNER NAME EPLING T FALF ETAL
TAXPAYER EPLING T FALK
HAMF/ADDR 1081 EAGERNESS PT RD
WAYZATA Y.4 55311
38 31-118-23 33 0003
PROP ADDR
OW'ER NAME SY.I TONKA INC
TAXPAYER SKI TOHKA INC
NAME/ADDR % P PRIMUS
432 MIDLAND BANV BLDG
MPLS MN 55401
38 31-118-23 33 0007
PROP ADOR 04740 BAYSIDE RC
OWNER NAME LESLIE J PAYMOND
TAXPAYER 0 DUN!N A L YOGEPST
NAME/ADDR 4740 BAYSIDE RD
MAPLE PLAIN MN 552-Q
PROP ADDR
GWNER NAME
TAXPAYER TOTAL BATCH 003 00009
NAME/ADDR
Hf!. .PIN COU!ITY PROPERTY INFORMATION STSTEM
FPOPEI•TY OW!:EPS LIST
38 06-117-23 22 0003
C0180 NORTH SHORE OR W
THELMA L WHITE
THELMA L WHITE
I80 NORTH SHOPE OR
MAPlr PLAIN MN 55359
38 31-118-23 33 1004
04680 BAYSIDE RD
SKI TON!(A INC
St:I TONKA INC
R PPIMUS
432 MIDLAND BANK( ;,LOG
MPLS MN 55401
39 36-115-24 44 0004
THE CITY OF ORONO
CITY OF ORONO
COX 47
CRYSTAL BAY MN 55313
REPCVT NO. PI435401
PAGE 4
38 31-118-:3 31_ 0001
THE CITY OF OPON40
CITY OF O;�O►+0
BOX 47
CRYSTAL BAT MN 55313
38 31-118-21 33 0006
04720 BAYSIDE RD
B PETER ACHEY ETAL
MR B PETER ACHEY
POLITE 2 BOX 88B
MAPLE PLAIN YN SS35'3
70 36-118-24 44 0005
04920 CO RD NO 19 N
JOSEPH W SCHMITT FT AL
JOSEFH W SCHMITT
4920 CO RD 19
MAPLE PLAIN MN 5535?
I CERTIFY THAT THE FACTS REPRESENTED APE AN ACCUPATE AND TRUE
REPRESENTATICt1 OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COLAITY DEPAPTMENT OF PROPERTY TAXATION, TO THE EEST
OF MY YNOWLECGE A!:D BELIEF.
DA'En - �V
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wAYIATA 14N 7ti3`11
t-aol Oy `k,1.i1.1 fM! is 1 r 1--s $14
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hest 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 31,
Township 118, Range 23 Borth, except the north 50 feet thereof deeded to
Electric Short Line Pailway Carrpa-ry for Flight of Way, and further excepting
the south 275 feet of the east 18,) feet thereof, and also excepting that r��rt of the south 226 feet thereof' lying east of the west 249 feet thereof
a,"f wt,t of the cast 180 feet thereof.
excepting that tract of lard cescribed as follows:
That portion of the West Half of t-le Southwest Quarter of the Southwest.
Quarter, Section 31, Township 118, Range 23, hereinafter called Tract A,
being 50.00 feet on the East side -r-d b11 of the real estate on the Pest
side cf the following described line:
Beginning at the southwest corner of Section 31, Township 118, Range 23;
thence on an assumed bearing of North 0 degrees 40 minutes 43 seconds
along the west line of the Southwest Quarter of said Section 31 a distance
of 777.96 feet; thence northeasterly 1313.29 feet alorx3 a tangential curve,
concave to the southeast, havinc a radius of 1532.80 feet and a central
angle of 49 degrees 05 rinutes :'6 secronds; thence North 48 degrees
24 minutes 43 seconds East, tancrent to the last described curve, �e��, said
2725.85 feet aryl said lir;: there terminating, 1.68 acres more or
fee si ple interest hereinafter c--ille3 Tract B.
WE, 71 E IMERSIGNM, request that the City deny the Variance Recpiest
of Mr. Primue for the property lying cn the NE knrner of the intersection of
County Road #19 and County Road #34 ae the same will be detrimental to the
public health, safety and welfare as it results in a cre-acre Lot in a five
acre zone.
ADDRESS
17.
18.
19. ".-��-�
u.r
,Ac4
20.
21.
22.
23.
24.
it
26.
27.
Z9 I/ L--
28.
29.
3n.
33• _ .
34.
38
_ _-
39.
-
CITY OF ORONO as
ADDRESS Connected to
CODE •� /� +A_ — � Property I D. �� 3 SEPTIC SYSTEM INVENTORY CARD Municipal Sevier
Addrep /�
T / q0 y-yn /CAA�I 'III -0/X"% SELL DATA
IStandard trench
O Mound
G
s/� � ; ?n
System type O Other -_- LagalOescriptwn [i"
Permit No. Date of t>rrrmt b'— 'q_J�T S I�'flnsrsllprr1 Pt'lrs�i�-Lim g 2
Nu. Bedrooms Garbage �i I
1
Buildingtype RLr';IDENLE nrGPD ,�-�lap, LaundryDishwe+her Disposal a
SEPTIC TANKS Material 1r ej a%'" 21
Proper outlet ai-A inlet Oki. Baffles �trL1� Liquid depth r:+ RO level a
Height of tenrc bottom above voter table (05 F„ Lnt � 1 y Distance to nearest bwldinp
ORAINFIELD. Total length of lines !f C''� t , Number of lines ; 'r _. Trencn width 3'0
I
Y
Total treatment area Isq. It I1 ()D ♦'F Height of dramfreld above water too'a
Type of filter material • i f't ts' Soil type
r� E 'C
Distance from nearest bldg. �S t�+M% ilesrse Y PVL Perc rate -__ _minhn w a
M
tr, 7
Depth of fill over drainfield lZ�k�r Depth of rock over file _ Z under t,,e -- 1 Z-1
IVEL..) ; R!'•.K 1'r E'�T f:a1FJ : C- t^. C: l P/:K OCaTLF- /MC r- j iC rrAj.' �7'/i
jrcP t ►� - ATION I
r PUMPOUT RECORD EKETLH
INSPECTION RECORD '
DATE COMPL IA, S DATE GALLONS
10-.�.'�'� �L:•as�aif_°.c1Ct- _ _ -.z_._ w� f s /
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VARIANCE SKETCH FoR PRrMUS PROPERTY
PARCEL 2440
y JA 1. 4, 1983
L 'LINE PUBLIC TRAIL
rj
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VARIANCE SKETCH FOR PRIMUS PROPERTY
PAACEL 2440
JAM. 4, 1565
1LkvISED: Jtia vs, ►Ia3
LANE PUSuc TRAIL
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E)(HIBIT
VARIANCE SKETCH FOR PRIMUS PROPERTY
PARCEL 2440
JAN . 4, 198'!
,' RtvlsEo� J,.a IS, �la3
REV.: JAN. 26,1963
•-L-UtE 'LINE PUBLIC TRAIL
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(�� = 200'
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VARIANCE SKETCH FOR PRIMUS PROPERTY
PARCEL 2440
JAN. 4, i983
FtEv�SED: J6,04 ►S, ►�a3 EXHIBIT
_ REV.: JAN. 2G,
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NOTE.: LotwrioN *1 IS ALSO
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VARIANCE $)fETCH FOR PRIMUS PxopEIRTV
PARCEL, 2440
JAN. 4, 1583
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IC TRAIL
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A -
VARIANCE SKETCH FOR PRIMUS PROPER-rr
PARCEL 2440
TAN. 4, 1983
REVISED- TW v. %163
REV.: JAN. 1963
r
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S V 244
VARIANCE SKETCH FOR NI MUE NO PE RTV
PARCEL 2440
JAN. 4, 1583
Rtv I S EO : J•w +s, I I a 3
_REV.: JAN. 2G,1963
- LiKE - LINE PUBLIC TRAIL
- �411
Q1 i "40
. �eb
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S
VILLAGE 01" ORUNO
Regular ;:eetinl; of tare Village Cowrcil,
October 26, 1971
Tine Villa Pa Council n:et on Cie above date
with tine following inei,:bers present: Mayor
Oberiijuser, Cowicilnen Dorm, Franzel, and
Searles. Councilmen Uor, left early.
Cor'inci lnan . icCartay ausent.
Franzel mov--d, Dor:i scconde:l, that the
linutes of t.ic Special .eeting of October 11,
1971, be approved. Aotion, Ayes (4) - :Jays (0).
Fra.izol dove.!, Dorn seconded, t.iat tilt
Ainuces or tae Regular .i0etin; of October 12,
19710 be anprove•' as anended. :ot:oil 0
Ayes (it) - 14ays (0) .
Senrles moved, Frauzcl secai,!cd, that t:ne
request cf Donald Arneson, 26u0 Casco Point
Road, for a conditional use ocrmit to dredc1c
a calnnel, subject to Lake iinnetonka
Conservation District, State of ':inncsota anal
iinnellaAa Creciz I•laters:ied Board approval and
%limiting, perjait to o,rly silt being renoveti.
from the la::a, be approved. lotion,
Ayes (4) - lays (9) .
Searles moved, Fra,iZel seconded, t:nat t:Ic
request of l.iliiln Tinm III, 577 Piri. Lane
for a variance, be approved. !otion,
Ayes (4) - .gays (0':
Searles novc,l, Dorn seconded, t rat t.ie
request of Lee Primus, 4740 Gaysi-'e Roa.'.,
for a division, be approve 1. lotioir,
Ayes (4) - :days (0) .
Searles moved, Franzel sccon-lecl, t iat
Resolution #41S, A Resolution Appealing
Tile ;letronolitan Sep cr Cost AllocaCions To
The Vil,la,!e Of Orono, be a(lohted. !otion,
Ayes (4) - Nays (0) .
Dorn moved, Franzel seconded, brat
Resolution 0416. A Pesolution Asl:ino For
-'A Stuuy of Transnortatio,, Needs In T is Lake
'iinnetonka Area, he idontel. .c tion,
Ayes (3) - ,4nys (o). ,'ryor ')bora'illser
out of t.r.: roori.
7 : 30 P. I.
I : J U 1';:S
Octooer 11, 1971
'I.IUTES
uctober 12, 1971
CONDITP.�M. IISE PE;:..IT
EGG) Casco Point !toad
l'A:Z I A.I CL
377 Dar:: La;,e
•)I1lISIW
171') Bays i.le Road
RESOLUTION #415
iietropolitan Sewer Cost
RL•SOL1►TZIN 0416
Tr-+nsnortation Study
fA.&4 E
CITY of ORONO
l'uhl t II I., .• IL, % t,t, • 0% Aaj Bay. Mlnnew►ta : 532.19 Munwipal OffiCes
On the- ,forth Shure e1( Lake, .Winne tonko
Mr. James Van Valkenburg
Thomsen, Nybeck, Johnson,
Suite 102
7250 France Avenue South
Edina, MN 55435
October .:'l, lyd.?
Bouquet, & van Valkenburg
Re: Ski ;onka letter 10-13-82
Dear lie. Van Valkenburr;:
This morning I received your letter dated 10-13-82 regarding
the Pri:r.us property formerly known as Ski 'ronka.
The City has over the last 4-5 yews had several informal
inquiries concerning subdivision of the "Ski I'onka" property.
we had not had any formal application :lade.
The City staff has in the case of each such inquiry informed
the parties that any new subdivision must account for all
commonly-uwned properties. The minimum lot size is 5 ages
per dwelling in that zone. New subdivisions will not be
approved that creme or except -out new lots of less than
5 acres.
The property at 4520 Bayside Road (Cove?) haz never been le ally
subdivided from the single large 40 acre parcel, P.I.D.
31-118-23 34 0001. Division of the large parcel :gust th:rtr_`o:c
include 5 acres for this residence.
The property at 4740 Bayside Road (Dunn) is a separate tax
parcel, but as you note was owned in common by Primus. :'here
is also some question as to the location of the septic sys*_.1
drainfield for this house as it may in fact be on the '_drger
Primus property. Any subdivision application for the larger
parcel must address this corrr..on ownership situation as well
as the practical drainfield problems.
I hope the above answers your questions. As .always, our
staff is ready to meet and discuss any plans for subdivision
you or your clients n.ay have.
Since ly,
,in . 01,, cc: Bruce 1). Malkerson, City Attorney
city ; l..tr.r rr Jeanne A. Mabusth, Zonino Adrnn.
nt 111f1v, A /„\INk, 4 1 1 tt tile\ • 11♦ %%( 1 4-1 - 1501 • ri KIN! tAtikk% 471 ' Iw
EXHIBIT
(JANL A`I t t 11983
I d ti�-p►v1 �-T�-1 t S ti1py c cNccw�l
I,Q5E bwn.s .1> ccw?,, up 474c,) Roysi DG
� A� 1�IAPl PIA+n! C.c�RVN � WIS►-1 -TU N AAE 1 r KKown!
714AT WE ARE: Def-IN rTE Ly I INTO ►ZESi"� D I ►s1 Cf- Ainl i NU-
MOZe LAND - WIE-- ARC, SU BM i rI Wr "T'W S L-E T TER Fog
"ice FectKo i IN CASe. OF � y ?05€,IP3 . �.vr"
�JELCPAAE�-
cp -r Ar, A��,ac�►•��r-- � t --l-)t-4f-A ►RZPC-:F,-Ty .
TO: Planning Commission Members
FROM: Jeanne A. Mabusth, 'Zoning Administrator
DATE: January 13, 1983
SUBJECT: #722 - Ski Tonka, Inc. - 4740 Bayside Road
Variance
Planning Commission Action - tabled pending receipt of additional
information from applicant.
List of Exhibits:
Exhibit A - Application
Exhibit B - Property owners list
Exhibit C - Plat map
Exhibit D - Council Minutes - October 26, 1971
Exhibit E - Olson letter - October 21, 1982
Exhibit F - Survey
In 1971, the City approved a division for Lee Primus creating
a one -acre parcel (4740 Bayside Road, now owned by the Dunns,
see Exhibit D). In that same year, the property was sold on a
contract for deed. The property was conveyed back to Ski Tonka
(Primus) in 1974 and remained in Ski Tonka's ownership until
1978, when it was sold to the present owner.
During that your -year period, the property was rezoned to RR-1A,
five acre minimum lot size. It was during tl four-year period
that the property was subject to all common ri,,_rship standards.
If the subject property was to be resold and separated from the
larger parcel, there should have been a division giving 4740 Bayside
and additional four acres.
Based on the special circumstances that surrounded the history of
the ownership of the one -acre parcel, staff has asked the original
owner, Ski Toi.ka, to file merely a lot area and lot width variance
application to reconcile the long standing issue of common ownership
and allow Ski Tonka to sell the larger parcel to the north.
#722 - Ski Tonka
January 13, 1983
Page 2
Septic testing has been required but the City has yet to receive
the test results. I have been advised by the current owner, Dunn,
that testing was being done on Thursday, January 13, 1983.
The enclosed survey shows the principal drainfield located to
the north and within the boundaries of 4740 Bayside Road. The
drainfield meets the required setback of 10' from all lot lin,2s.
Issues for Consideration:
1. Is there a need for a subdivision of a lot line rearrangement
to create a new parcel for combination with the substandard
Dunn property?
a) Four acres to bring lot size up to code per. ordinance
34.742.
b) one acre to satisfy minimum lot area standard for rural,
unsewered properties.
c) Additional area to satisfy alternate septic site demands
because a suitable site could not be found within the Dunn
property.
d) Require no subdivision.
2. Should a lot legally divided for sale purposes under one zoning
standard and returned to its original owner be subject to common
ownership standards?
3. Does the length of time the lot was retained by the owners 1974-
1978 have any bearing on the issue?
4. Does the fact that tht mers were made aware of the common
ownership and change i.. zoning prior to sale have any bearing
on the case?
Review ordinances 31.201, 31.202, and 31.203 for background on
common ownership standards.
® USURMAN
q NOINERRING
INC.- - --- - - -- --- ----
® Civil, Municipal & Environmental F.ni, steering
Land Surveying • Land Planning • So -ting
Mr. Brent Primus
432 Midland Bk. Bldg.
Minneapolis, MN 55401
Re: Primus Property - Orono - Parcel No. 2440
Daear Mr. Primus:
Mail replies-P O Box 32308
571-6066
6875 Highway No 65 N E
Minneapolis, Minnesota 55432
890-6510
12350 River Ridge Blvd
Burnsville, Minnesota 55337
Jan. 13,1983
J82244
We performed a soil analysis on the 1 acre parcel No. 2430 adjoining the above
referenced parcel as requested by the City. The soil analysis was performed to
determine if additional land area is required for parcel No. 2450 to comply
with present City requirements for sewer disposal systems.
Two percolation tests and one soil boring were taken in an alternate drain -
field area location as required by City as shown on the attached drawing. The
tests indicate a percolation rate of 27 minute per inrh which is sufficient for
a standard trench drainfield system. Copies of the tests are attached herewith.
We also attempted to locate the existing drainfield presently in use by a
field survey to determine if the system is within the 10 feet setback from
a property line as required by City. Based upon our survey and the City's
record of the drainfield installation, it appears the drainfield is about 10
feet from the property line. However, due to the nature of the measurements
on the City's records it is impos,-ible to determine the precise distance
without excavating and exposing the system. I suggest this not be performed
unless the City requests such action.
On the basis of the information contained herein it appears parcel No. 2430
contains sufficient area to accomodate a sewer system as required by City.
St=Y D
Dan P. Johnso , P.E.
SUBURBAN ENGINEERING, IN(
cc: Jeanne Mabusth
City of Orono
OPJ/Ih
enc
R. e.• 4b.:JrRR.rq t nq LVm t Hr �. Nrg t „y ll w�tn, R.qr+. Rry �,,,, t , :, Ah'Y 5�., A4•rr. J !►kJrw.,,. �! ! ng
Kam, 1 Xna.n. R" Env wk%um J tbeltn A Airy I "q M*w,t SAa h. Airy Swt, 6% w v A ' rN,*w. Rpm t tW I%~l P *Aream toy t.me
VARIANCE SKETCH FOR FWIMUE PRROPEKTV
PARCEL 2440
JAN. 4, 1565
1la3
L UC&r ' LI019 PusLlc TRAIL
C ,
SOLO ,
1 1
� EXIST
� Slw�.6•
14416"ttM �O�O
G ALT" P4^T[so, ± "
DU►IhFK�D
C HttA.
C
1
i10
I 1 ! t.
` —n
Go. f o . 84
• P4RL TEST LuL�+.TioNS
Nit' Loa►TtoM rl IS A110
N tbusualumD~Muuna
w� es�o itawN„1« Rloy.w.o
w.�nsww w+ %&MY
a 200' 1
Sb2 144 — _
1/12/83
SOIL BORING LUG
PRIMUS PROPERTY PARCEL 2440
BORING #1
Elev. 1024 `_
Topsoil
1.5'
Multi -Colored Clay
`S
Sandy Clay w/lenses of
sand & some of gravel
86
NO WATER ENCOUNTERED
PGRCOLATON TEST
b_oration �-"AQCer- 0 ?--4 3 O
Test hole number
IX-pth to bottom of hale 4 o inches. Diameter of hole i, inches.
Depth, inches Soil texture
Percolation test by __ /
Date of test / l/ Z / 8
Time
Measurement.
inches
Drop in water
level. inches
Remarks
s "
/ Z �8
P_. olat�on rate n 7-7 tninul ti per inch.
PERCOLATION TEST
kkatwn PAQCtsL '� 44 30
'Test hole number Z
Dvp11t to bottom of hole 4-o inches. Uiamcler of hale (o inches.
IkLh, inches Soil texture
Percolation te%t i)y—.------ _
Date of test
I ime
Mcatiurcment,
Inches
I Drop in water
level, inches
( Rc►nirks
/ )4//G
/ 0/%__
;//G
14Y �jG
- -
30
O
4 a
/0
Peivolation rote a 27 — nunutes per inch.
I.
EXHIBIT ___ �---
TO: Jeanne A. Mabusth, Zoning Administrator
FROM: Michael P. Gaffron, Septic System Inspector
DATE: January 17, 1983
SUBJECT: #722, 4740 Bayside Road, Brent Primus, Site Evaluation
for Septic Systems
This is an existing 1+ Acre Lot with existing house and septic system
which was repaired in 1980. Testing was done to show that the lot is
large enough to support all future septic system needs. Testing was
done at a site with 10-15% slopes. Perc Rates averaged 27MPI. No
indication of the presence or absence of mottling was given, as is
required in the Orono Design Manual. The boring log does indicate
"multi -colored clay" at shal.lnw depth, which may or may not be mott-
ling. I was not able to obtain samples to prruse since the holes had
been filled in. However, should a perched seasonal water table actually
exist on the site at some time, the tested site would not be suitable for
a mound due to the slope. In my opinion, flat land north of the property
line should be added to the lot in an amount of at least 1/4 acre±. The
strip 218' wide by 49' deep, continueing the rear lot line of parcel
2410 (see sketch) would be suitable. Adding land west of the existing
parcel would be of little value for septic system due to slopes.
I would further recommend that the lot be brought up to a 2.0 .icre minimum
size if possible, which is the standard for unsewered lots in Orono.
Please note that according to the legal description on Dunn's deed, their
north boundary is 226 feet from the center of the road subject to a 33'
road easement, hence the ictual existing lot dimensions for zoning purposes
are (226-33) = 193' X 2181(or 2321dependinq on what is taken as the actual
width of the west 112 of the SW1/4 of the SW1/4) which is about .97 acre.
Also, the legal description in the tax records for parcel 2440 goes 253'
north from the center of the road, so a (253'-226') = 27' discrepancy
exists between parcels 2430 and 2440, as shown on sketch "A" attached.
Assuming Dunn's deed description is correct, the existing port., line is
about 46' north of the barn, and I suspect that the existing system is
within existing lot lines, but may not meet a 10' setback.
EXHIBIT
G
GRATHWOL. OBERHAUSER & RANDALL. LTD.
ATrORNEYE AND COUNSELORS A LAW
1421 E WAYZATA BOULEVARD • SUITE 210
O'NEILL J. GRATHWOL
WAYZATA MINNESOTA 55391
1905.1974
JAMES N. GRATHWOL
LOUIS B. OBERHAUSER
ROBERT K. RANDALL
JOHN W. HENDRICKSON. JR.
TIMOTHY O. GRATHWOL
KURT D. SCHUMAN
January 19, 1983
BAN 21 fm
Citv of Orono
P.O. Box 66
Crystal Bay,
Minnesota 55323
Re: David M. Dunn
Our File 7461-1
Gentlemen:
1612 I 475.2401
Based upon the discussion that occurred in front of the Planning Commission on
January 17, 1983, I would like to make the following observation. My client has
two major concerns:
1. That the size of their lot Is sufficient in area to allow them the
opportunity of expanding the existing residence and/or rebuilding the existing
residence in case it becomes ntcessarv.
2. That the location of additional residential units are such that there
is sufficient room on the property to provide for the necessary on -site treatment
of subject waste.
To accomplish these goals. my client Is willing to purchase a sufficient amount of
property from Primus to Increase the size of his lot to two acres whidtcorresponds
to the zoning across Bayside Road.
Since there is approximately twenty acres in the total tract, including the two
previously deeded exceptions, bringing the two existing lots up to the two acre
standard by purchase or establishing outlots to the rear of the existing lots, would
not result in anv reduction of density on the balance of the propert%. since five
acres into fifteen acres or Into seventeen acres would only allow three additional
building units.
If my client is unable to purchase the necessary property from the Primuses to
create a two acre parcel. I would suggest that the council as a condition for grant-
ing the variances that are required, obtain a set aside of a sufficient amount of
property immediately to the North side of the subject properties to create a parcel
City of Orono
.January 19, 1983
Page 2
when combined with the Dunn's lot of at least two acres. The appropriate eaaetrents
should be obtained by the Cite over the set aside property to ntlow for the con-
struction of drain fields as necessary to maintain an operative +ep[ic system for
the Dunn's propertv.
If you have any questiors, please 1vt m- know.
Sincerelv,
i'
LoUIS B. OBERHAUSER
LBO: v1
cc: Mr. David Dunn
LA I' Y of t ) K41A ( i
(Poet (Kftre t6m tili•t octal Ir,ty. Mimi --ta ';t.i.LtOMunu•tyal �►'ti.r+
7rlt•yhotu i�.l ;.c1;
Brent William Primus
432 Midland Bank Buiiding
Minneapolis, Mn. 55401 - 2350
NUTIC;E OF PLANNIN,, Acricty
Dat, of Moeting _January 17, 1983
Votes: __ 5 , For _ Against
Planning3 Cornmis.sion recommends the following:
Control No.
V,xianco
Conditional Use: Pc c m i t
Subdivision, Preliminary
Date of Notice 1/20/83 — a
c-1:: Suburban Engineering, Inc.
12350 River Ridge Blvd.
Burnsville, Mn. 55337
_ Approval: As submitt':?�d
_ Approval: Subject to conditions noted
Approval: Additional infori::ation : quir.1 before C::ancil meeting
_ Denial: For rcaac'ns noted
XXXX Tabl_d: Pending reC,oipt auditiunal information from applicant
XXXX Tabled: Pending review by others, or further Planning Commission
--_ — study
No aQtion required
NOTES AND SPECIAL CONDITIONS APP1ic4rlt tQ submit a survpy of the subiect
property to assist staff in locating all impro_v_emer,,_.; on_.t..:r pgnn_ Arooertyi___
�— Staff -will review access to Your 15-acre parcel wit�_the H..znc:oin
County Highway Department and the Orono Public Work..Q�p
C_i Applir-:at's n-�xt s--'r.,.._,l�d r)(•.tinj is -ifir: as.
Plannin-3 Commission --
Council
Xa Applicant's next s-heduled meetin•3 is Jrpendent upon receipt of
�--� additional information. Deadlin•i for the 7. 1983 _
meeting is January 28, 1983__; or
for the --- -- ---- — - - .._ -- mew, inj.
In all cases, the apolir-ation r ifit be contin-i-J with the submittal of
requested information within
or the City will consider th•.� a,. ril i rt a- foi -tl 11 withdra•an.
If the applicant ha:. truabl-� ti-1:-i i -1 l inf•.- :• ion, pleas-,
cony-%�_t the 7,onir..J Airlini-•-ti,r.
If you desire ce:t:. tl k 1 Cam- .i l: 1 �1!t•.t�+.+;
th►:y ar•_ :Av :. i -,!
and app.-)Val b", t:-.t_ Pl.�r.r,.... .- . ..
EXHIBIT -�-�--
DEPARTMENT OF TRANSr ORTATI N
320 YJashinaton Av. South
HENNE?IN Hopkins, Vlnnesota 55343
LF-U January 27, 1983
Ms. Jeanne MabuSth
Zoning Adr.inistrator �-CB - 983
City of Orono
P.O. Box 66
Crystal Fay, Minnesota 55323
F.F. Proposed Plat - "Prinus Addition"
CSr'1H 84 NE Quadrant of Ring Route Rcad (MCCaLllcy)
Secticn 31, Township 118, Range 23
Hennepin County Plat No. 1059
Review and Recommendations
Minnesota Statutes 505.02 and 505.03, Plats an6 Survey , rewire County review of
proposed plats abutting County roads. We cevi-wed the above plat and found it
1 acceptable with consideration of these conditions:
-For future improvements to CSA.y 84 Uie developer nhould dedi.ate an additional
7 feet of right of way along CFAH 94, making t!e right of way 4C feet from
the center of CSAH 84.
-The proposed access for Lot 1, Block 1 =E't he lc:cated at t}:F., existing access.
-The proposed access for Lot 2, Block 1 must be located near the west 1^t line.
The existing field entrance is an accep*able location for Lit 2 access.
-To meet the minimum sight distance at the curve the access for
Lot 3, Block 1 must be located as far east as ;,ossible.
wl' -Because of the severe hill on CS.Aii 84 east of Ring Route Rced, Hennepin County
will not allow any direct access from CSAH 84 to Parcel 2; % We view*d
access to Parcel 2440 with Orono -Ificials :nd found an a,�_eptable location
on Ring Route F..)ad.
-Any new access to a County road, re,ision to an existing access or a cha:tge in
land use requires an a; oved Hennepin County entrance permit before beginning
construction. See our Traffic Division for entrance permit fours.
-All proposed construction within Caen'_}• right of way requires an approved
utility permit prior to beginning construction. This includes but is not
limited to, drainage and utility construction, trail develoFrlent, and
1&ndscaping. See our Maintenance Division for utility permit furrtis.
HENNEPIN COUNTY
e:;'J')I �DpoAunity employe,
Ms. Jeanne Mabusth 2
January 2' 1983
-The developer must restore all areas disturbed during construction within
County right of way. _
Please direct any response or questions to Les Weigeit.
Sincerely,
James M. WOld, P.E.
Chief, Planning and Prog-wTu ng
JMW/IDW; pl
TO: Planninq Commission
FROM: Jeanne A. Mabusth, Zoning Administrator
DATE: February 3, 1983
SUBJECT: #722 Ski-Tonka, Inc. 4740 Bayside Road - Variance
Planning Commission Action - To deny or approve subject to conditions
Exhibits:
A) Gaffron memo
B) Hennepin County Highway Deptartment letter 1/27/83
C) Building Envelope with 491X218' of additional land
D) Revised sketch
E) Oberhauser letter 1-19-83
The Hennepin County Highway Department has reviewed the Dunn property
for the purpose of improving the existing access. They find the exist-
ing access the only acceptable one. To move the access further west is
not feasible because it would place it too close to the intersection of
the Ring Route and CSAH 84. The topography prevents a safe access further
east.
The larger Primus lot will not be approved for direct access onto CSAH 84.
The access to this property will be via the Ring Route. The Public Works
Director will approve all new curb cuts.
I have been advised that the applicant and the Dunns are attempting to come
to some form of an agreement on the sale of additional land. I have advised
both parties that until Council acts, we have no idea as to the size of that
lot. The Eanns have stated for the public record their desire to acquire
additional land from Primus.
Mrs. Dunn has been kind enough to submit photographs and slides of her
property for review at the meeting.
The surveyor has submitted a revised sketch showing the property platted
to the centerline. The Dunn property now has a depth of 193' with a
total I t area of 42074 sf. or .96 acres. The improvements have been
relocated within the lot lines huf it a ?" ?nn'scale with merely a
sketch there is no Pcruracy. At our last meeting, Planning Commission
determined a subdivision would be required as a condition of this variance
approval. The survey required for the subdivision will certify all improv-
ments. Planning Commission must now determine the size of the parcel to be
combined ith the Dur- Int.
-J) 49' X 218' Corriu-. along North Property Line.
Gaffron (Exhibit A) confirms that this is adequate area to solve all future
septic needs. Per Oberhauser letter (Exhibit E) will this corridor permit
expansion of the existing house? Please remember the substandard setback
to the east will prevent expansion on the east. (50' req., 30' existing).
There is adequate area now to permit expansion to the west and north on the
house. (rear setback req. 100' - existinq 140', side setback required 50'
existing 1601). The additional corridor to the rear or north will not
effect future expansion plans on existing structure. The addition of
the 49' X 218' corridor will permit a new house to be constructed on
the proposed lot meeting all setback standars of the RR-lA Zoning District.
The lot would indeed have a severely limited building envelope in consider-
ation of the severe slope of the property on the west. The building
envelope measures 130' X 421.
b) Addition of 1 acre
The lot would now satisfy the minimum area requirement of rural residential
lots. The applicant's attorney and staff strongly recommend at a minimum
the one acr4 addition. The 2 acre lot would now create a more reasonable
building envelope and assure adequate area fir septic expansion and any
other type of improvement associated wits rural use. The attorney goes as
far as asking for an additional acre to be set aside for the substandard
lot to the east. I would suggest that we limit this review to consideration
of the Dunn lot.
If you choose this alternative you may base your decision on the unique
history of the ownership of the lot and the fact t,.at it w.-a an approved
legal subdivisi-n in 1971.
c) Addition of 4 acres
The requirement would uphold the City's position on lotsof common owner-
ship requiring all standards of the RR-lA Zoning District be upheld and
deny that the unique history of the lot has any bearing in consideration
of the current status (-f the property.
STAFF RECOMMENDATION
To approve the lot area and lot width variance application of Ski-Tonka
Inc. subject to the applicant filing a lot line rearrangement subdivision
with the C�'�_� requiring 491X218', 1 acre or 4 acre parcel be combined
with the ;arty located at 4740 Bayside Road and that access to the
larger paLcL1 owned by Ski-Tonka INc. be via McCulley Road.
e REGUALR MEETING OF THE ORONO PLANNING COMMISSION FEBRUARY 7, 1983
Page
Kilbo said that in his 9 years here there have been
no personal injury accidents attributable to the
parking lot or the parking in this area. There
have been 5 to 8 PI Is east or west of the area but
those have been caused by speed and/or DWI Is. He
went on to say that if this parking area is closed
that come opening day there will still be 150
fishermen coming here and ••n his experience
other years they will pare ..newhere on other
streets and on private property and they will
continue to fish here and on the railroad trestle.
Also, if they 3opark on private property his men
can't tag or tow the cars, that this would be the
responsibility of the property owner.
Mr . Gabr iel Jabbour asked i f the Ci ty could even
consider vacating any of the shoreline based on
previous court rulings.
City Attorney Malkerson stated that the Minnesota
Supreme Court says in of fect howcan it possibly be
in the public interest to vacate shor3land.
,7aboour stated that therefore this area has to
:atiy p,iblic and if there is a traffic problem, this
roa l has beAn .' -ignated a scenic parkway so the
City and Count r:t,1 consider lowering the speed
limit.
Senator �,en Olson was pr#�sent and she stated
"There is an extremely strong and very retailatory
het ief of stiorootype in the legislature that the
people along L,-ike Minnetonka want to keep it
privat}a anti are just_ waiting for an indication
that this is so. Bra] Van Nest has not overstated
th^ om:3tion of th«? l'gizil.ature."
Vin v+�st State i t•) Mr . ,rr?gory tr►at he unJ �r.3tands
hi a c'onc7t: rn l rhtr prnhl �m3, but that th . --imin3
)f ,i al,pli:-iti,)n wi:, ini:redibly po)r aofi thit
i t F: i -ir �-r i s rlos(ri thK! pr•)b1ems won' t 3o raway,
r-h y witt 1Nr w:.)rse be,7•au ,3-� there wi'. 1 be no local
•�rrrr �1 .
N(r:rr in E no f,rr th,�r pirhl i • comments, Acting
(11-1i rmtin ;oett,•n r.h-�n ;r.at#�d that this pub is
h-it ini•; I e f t •)p,�n :rr•.1 ontinueii tin ti1 the next
E) �70mmissi.,n mortin-7 on March 2.1, 1993.
#722 SKI TONKA, INC.
4749 BAYS i DF. ROAD
VARIANCE
ti'r ,�r.-ir Pr im1r;I Mrs. L^— Pr imu:;, err 1 M; rn i Mrs.
* REGULAR MEETING OF THE uh6NO PLANNING COMMISSION FEBRUARY 7, 1983 PAGE-8-
#725 BOB SK I NNF:R
3420 SHORELINF: DRIVE
CONDITIONAL WIF; PERMIT
Dunn were present regarding this variance at 47401
Bayside Road.
Planning Commission members felt the unique
circumstances surrounding the ownership of the
subject lot would prevent their asking for loot
satisfaction of all RR-lA lot standards.
The Dunns and Ski Tonka have worked out a purchase
for a land corridor to the north and wes )f the
lot. Staff has confirmed that this ,i is
adequate to handle all future septic and building
expansion needs. To ask for an addition of 1 acre
would be a financial burden for the Dunns and
require needless charity on the part of the
applicant.
Goetten moved, Sime seconded, to approve the lot
area and lot width variance application of Ski
Tonka, Inc.subje-t to the following conditions:
1. Filing ')f a lot line rearrangement
subdivision with the City, creating a 49' X 238'
parcel to be combined with the property located at
47401 Bayside Road, this subdivision and
-nmbination will now bring the property up to 1.3
.:ras.
?. Access to the I a r 1,'r parcel shal l be via
McCulley Road.
3. The owners of the subject properties as a
condition of that subdivision must (,nit c1.-4im
deed 33' of right of way to Henn ,in County
FIiahwav Department.
Motion, Ayes i 11 - "says (1) .
Mr . Bob '.,kinnor .41,3 pr -r —nt regar..lin1 his
,-)nlitiona1 r.,.,, pt< rmit.. Mr. `>''<innec reviewed
with th•� PI.-inninl k^�RImi.3si )n tho -h,inlras he % -lul,i
like t-.) m.-ike t.) t.h►► prnperty.
MCDon.1l+l mov,_"I, ;oot.t-n aeN: )nAel t.) t.ible this
ondition.al r ipplication pen,linl review by
>t.!►fr s an l t_ � si t t-� the hl ,ann i n'1 �.>Mm i �: i )n by
Mar ,h 1, 119 t,, f,)11 )wing items:
UIX Y Or um"A t1
Post Wks Boa 66•Crystal Bay, Minnesota 55M0municipal O4'finy
Telephone 47-17357
yr. Brent W. Primus
432 midland Brink Building;
Minneapolis, Mn. 554U1 -2350
NOTIC'E Oi:' PLANNING COMMISSION ACTION
Date of Meeting February 7. 1 -1 s
'rotes: For Against
Planning Commission recommends the following:
Control No.
Variance
Conditional Use Permit
Subdivision, Preliminary
Date of talc tice
D. Dunn & 1.. Yog;erst
.4 Bayside Road
Maple Plain, Mn. 55359
Approval: As submitted
Approval: Subject to conditions noted
Approval: Additional information required b.fore council meeting
Denial: For reasons noted
Tabled: Pending receipt of additional information from applicant
Tabled: Pending review by others, or further Planning Commission
study
No action required
NOTES AND SPECIAL CONDITIONS `I. filir-, of a lot line rearrangement sub-
division ;ai.h the CiL'., creating; a 49' X 238' Parcel to be combined with the
property located at 4740 Bayside Road. 2 Access to the ..rt;er Parcel shall
be via McCuilev Road. 3. Owner of property located at 4740 Bayside Road and
Ski Tonka In.c. to quit claim deed 33' of rigs►•t of way to Hennepin Count;
Highw:iy DepartmWnt.
n
7-]
Applicant's ne:ct scheduled meeting is confirmed as:
Planning Commission
Council
Applicant's next scheduled meeting is d,�pendent upon receipt of
additional information. De,a:''_ine for the_ --
meeting is _ _ ; or
f or the -` _ __- _ -�.— Meeting.
a all cases, thn application ^cunt be c%)ntirued with the submittal of
requested information within _
or the City will consider the applicat .n as formally withdrawn.
If the applicant has trati`.)le ol,taini nq additional information, please
contact the Zoning Administrat-Ur-.
If you i desire: ere-tified copies of the official Planning Commission Minutes
they are available from the Duildirvi and Zoning Secretary upon review
and approval by the Planning Ccr%:iission.
EXHIBIT
O'NEILL J. GRAT14WOL
1905-1974
JAMES N. GRATHWOL
LOUIS B. OBERHAUSER
ROBERT K. RANDALL
JOHN W HENDRICKSON, JR.
TIMOTHY O. GRATHWOL
KURT D. SCHUMAN
GRATHWOL. OBERHAUSER & RANDALL. LTD.
A7TORNEYS AND COUNSELORS Ar LAW
1421 E WAYZATA BOULEVARD - SUITE 210
WAYZATA MINNESOTA 55391
March 7, 1983
1
t i MAR
THE HONORABLE MARY Bun ER, MAYOR
AND QOUNCIL WMBERS FOR THE: CrrY OF ORCM
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
Re: Zoning aml Nan -Conforming Use
Our File: 7461-1
Hear 'Mayor Butler and Members of the Orono City Council:
1612) 475.2401
After reviewing the information compiled by staff and the recommendations
of the Planning Comnission, it becomes apparent there is a conflict between
the City's obligation to protect the property rights of the general public
versus a Aesire to promote the economic welfare of an applicant. The issue
is a give-away of the City authority to control the subdivision of land for
the protection of the public health, safety and welfare by granting a
variance Where there is no grgxuAs for :icing so.
I first question whether or not the applicant for the subdivision comes to
the City with clean hancls. The applicant and all prior awners were attor-
neys Who have owned property in the City of Orono and are well versed in the
laws and regulations concerning the use and subdivision of property within
the City of Orono arxi as a propwrf-v -Wner has received notices of all
actions by the City concerning of their rroperty.
For Mr. Primus to profess that ne is a victim of circumstances •-util was
unaware of the situation, would test the credulity of the mist reeophyte
member of tt►e City goverrunernt.
The primary purix-)se of governunent is to control the LISP of private property
by not allowing an owner to act in a mariner which is Ietrimental to the
general health, safety, mx-1/nr welfare of the public. To satisfy this pur-
pose the Council should nrnt grant variances t:) individual rwoperty awners
because the existenap of some regulation restricts that person's use of hia
property. The only 1x uni for legally granting a variance is har•iship,
otherwise the regulation Ahrxn l ° l he dianga l .
In this raase we have a classic ex2u*ple of a situation Where the City Cbw.cil
cats exercise its police power b-) p rott x-t the general health ani welfare of
the onrrvmunity ani the interests of the citizens throty.1h the IN-aper vrlica-
tion of its regulations.
The Honorable Mary Butler, Mayor
and Council Members for the City of Orono
March 7, 1983
Page Two
Of aourse this will restrict the laissez-faire rights of a property owner to
use his property as he chooses but that was the reason that the 0 ty adopted
the regulation in the first place.
The Primus' sold a piece of land to Dunn arts Yoder.st knowing that the pro-
perty di(i Oat meet the five acre zoning requirements established by the City
of Orono and knowing that the property adjoining the Dunn/Yogerst property
belonged to them. In doing so, they created a non -conforming lot by
violating the ordinances established by the City of Ot.= for the purpose of
creating five acre tracts. 'Ibis was done in ux lete disregard for the
interest of the public and the purposes and eels of the Zoning Ordinances.
What is the public health, welfare and safety that the Cbuncil is called
upon to protect?
The Orono Council, after much study, decided that in non-sewered areas, lets
should contain a minimum of two acres arx] in some areas, five acres. 1`his
was done to preclude the necessity of extending sanitary -sewer lines into
these undeveloped areas.
The acceptance by the City of one acre lots within these areas will leas] to
a situation that will ultimately result in a health hazard. A health hazarl
will result in the necessity of extending sanitary sewer lines to serve
these properties. If the City fails to act to cure the health hazard the
Minnesota Department of Public Health and/or the PCA could require the City
to rectify the problem by the installation of v. appropriate sewer system.
When these events occur, all of the property owners along County aaad #34
will he penalize] because they will have to pay for the cost of a sewer line
in front of their property. If this (x)et is not assesse9, the taxpayers for
the City of Orono will have to pay for this cost on a proportionate hasis.
for the city !bunci 1 to fail to take the steps that- -try- avai lahle, to them
to lessen the likelihood of this (,ocurinq, t]aes not fulfill its obligation
to protect anci pra, a the general public health, welfare art] saafety which
is the vary purpose that local gvvernrvmt was establishes] for.
Mr. Primus .argues that sine he di.] rrk (in What he was su44xv&i to (b when
he sold the property tip ia.usn/Ymerst, the City almld waive the requirement
to p1At the lxrsperty to the iiensity that wrxsli] have peen m. Tuired.
The ►tonorable Mary Butler, Mayor
aril Council Members fior the City of rrano
March 7, 1983
Page Three
Had the City known about the circumstances surroumling the property at the
time of this sale to Dunn/Yogerst there would have been no question that the
City would have required a five acre parcel. The only thing different is
that Mr. Primus decided to ignore the law and sell off a one acre parcel.
To require a flour acre Outlot would only be requiring Mr. Primus to Io what
he was legally obligated to do when he sold the lot.
Mr. Primus would like the Council to see him as a victim when in reality he
is a predator. The City and the public are the victims of this previous
unlawful division. Because Mr. Primus was able to avoid the application of
the Zoning maws cn the previous sale he is now saying it would be unfair for
the City to correct that mistake at this time when he is requesting the sub-
division of the balance of the property.
The question I ask is, "When will. the City ever have another opportunity to
correct Mr. Primus' s fa i 1 ure to follow the law aryl to resore the situation
to the status quo that should have been arhicved at the time of Mr. Primus's
sale to Dunn/Yogerst?
The City Council would he Rilfilling its mmylate to serve the public needs
and to protect the public's health, welfare and safety by requiring a suf-
ficient mrmmt of property to be set asi-ie as an Outlot to provide a suf-
ficient amount of land area to inspire that the land area dedicated to these
lots at least conform to the zoni nf- requirements. This would provide suf-
ficient land for an -site disposal systems to operate properly and would eli-
minate the need to install sanitary sewer lines anri would carry out the
mandates of the Zoning Ordinance.
If Mr. Primus had fulfilled his (-bl igat ion to the City of Ch ano on the ori-
ginal sale to Dunn/Yogerst, he would have conveyed a five acre parcel. This
means that the City of Orcax) shoul(i mpAre four acres as an Out lot in rm-ier
to create an average of five acres. 'lh.is would treat Mr. Primus in the same
fashion as any other Orono resident in the five acre land use zone.
The City should require ►rw. Primus to set aside approximately ftxir ac-ros in
an Out lost as a Lt yd i t. ion to the approval of the sulyd i v is ion .
The City cr)uld rapuire the dedication of this O utl.ot al javent. to the two
one -acre sites to allow for the potential of creating two. three -acre sites.
The Honorable Mayor, ^tiry Butler
atxi Members for the city of ►rono
March 7, 1983
Page Fbur
For the City to decide otherwise would require the City to determine that a
two acre or five acre lot size was not necessary to protect the public_
safety, health and welfare. If this is so, the City should change the
Zoning Laws.
If the City Council determines that the zoning is proper then they should
take the appropriate action while they have the opportunity to provide that
the existing Lots can be increased to correspond with the need required
urxler the Zoning Code.
I feel the public interest in this wetter manlates the City to require Mr.
Primus to set aside a sufficient aunt of property in an Outlot to satisfy
the requirements that existed on the date of his sale to T)unn/Yogerst.
The resin function of a city government is to establish ami enforce regula-
tions that basically require giving a "no" answer to a request for variance
unless a legal hardship exists.
Since:.Me1A0r.SER
LOIiIS
LBO/e jw
cc: Jeanne Mahusth
Dunn/Yoaerst
TO:
Walter
R.
Benson, City Administrator
ZROM:
Jeanne
A.
Mabusth, 'Zoning Administrator
DATE:
March
10,
1983
SUBJECT:
#722 -
Ski
Tonka, Inc. 4740 Bayside Road - Variance
Zoning District - RR-lA
Subject Property
Area
Required - 5 acres
Existing - 1.13 acres
0.96 (exclusive of Bayside Road right .)f w.:, t
Width
Required - 300'
Existing - 218'
Application - "after -the fact" lot area and lot width variance
List of Exhibits
Exhibit A - Application
Exhibit B - Property Owners List
Exhibit C - Plat Map
Exhibit D - Council Minutes - October 26, 1971
Exhibit E - Olson Letter - October 21, 1982
Exhibit F - Oberhauser Letter - January 19, 1983
Exhibit G - Yogerst/Dunn Letter - January 11, 1983
Exhibit H - Gaffron Memo
Exhibit I - Oberhauser Letter - March 7, 1983
Exhibit J - Planning Commission Minutes - February 7, 1983
Exhibit K - Existing Lot Sketch
Exhibit L - 49' X 218' Corridor Sketch
Exhibit M - Tentative purchase agreement sketch
Exhibit N - One acre addition sketch
Background on Application
In 1971, the City approved a division for Lee Primus creating a one -
acre parcel (4740 Bayside Road, now owned by the Dunns). In that
same year, the property was sold on a contract for deed. The pri?ert,.,
was conveyed back to Ski Tonka (Primus) in 1974 and remained in Ski
Tonka's ownership until 1978, when it was sold to the present owner.
During that four-year period, the property was rc-zoned to RR-1A,
five acre minimum lot size. Ir was during that four-year period that
the property was subject to the common ownership standards of the City.
If the subject prope3r c.y was to be resold and separated from the I ar,aer
parcel, there should have been a division giving 4740 Bayside an
additional four acres. Th- Primus fami I,., had been advised by the Ci
#722 - Ski Tonka. Inc.
March 10, 1933
Page 2
staff that prior to the sale or division of the Ski Tonka property
that this common ownership issue must be resolved.
Based on the special circumstances that surrounded the history of
the ownership of the one -acre parcel, staff has asked the original
owner, Ski Tonka, to file merely a lot area and lot width variance
application to reconcile the long standing issue of common ownership
and allow Ski Tonka to sell the larger parcel to the north.
The Dunns, the current owners of 4740 Bayside Road, have been very
cooperative throughout the review of the application. Naturally,
they knew nothing about the problems concerning the property. They
have written to the City advising of their willingness to purchase
additional land fro, the Primus family (Exhibit G). I asked the
Dunns to meet with :..a because it became very obvious during the review
that they were feeling pressured into buying acreage that thQy could
not afford. I explained that it was the applicant's responsibility co
set asie an area for the exclusive use of the owners of 4740 Bayside
Road. T. -ir purchase of that additional acreage w ild not be of
concern to the City. The City must be assured that this area will
be available for future septic expansion and aural residential uses
of the current and future owners of the on` acre lot.
The Dunns aLi ised that they were most interested in acquiring
additional land because of their need to expand on `he existing
residence. They felt they needed some assurance o:n the City that
they had Buildable lot since they have a one a rs lot that is subject
to five aCL-' standards.
The Dunn property now has a depth of 193' with a total lot area of
42074 sq. ft. of 0.96 acre. The improvements have been located
within the lot lines but at a 1"=200' scale with merely a sketch,
there is little accuracy.
The septic testing for an alternate site was performed in a garden/
planted area with 10-15'+ slope. The testing was in^omplete as it did
not note the seasonal water table. If a mound system was required,
it could not be placed in this location. If additional area for
septic expansion is to be acquired, it must come from the north,
where the land is more level.
The Hennepin County Highway Depizirtment has reviewed the Dunn: property
for the purpose of improving the existing access. They find the exist-
ing acc%ss the only acceptable one. To move the access further west
is not feasible because it would place it too close to the inter-
section of the Ring Route and CASH 84. The topography prevents a
safe access further east.
#722 - Ski Tonka, i..;.
March 10, 1982
Page 3
The setbacks of the
Frc• ` Setback
Re ed - 100'
Exi. ..ng - .20'
.sting house are as follows:
Re ai Setback
Side Setback
Required - 100' Required - 50'
Existing - 1.10' East side - 30'
West side - 160'
There can be no future .expansion to the east of the house but there
may be expansion on the north and west side of the house. The
expansion to the -lest must extend along the existing front line of
t-he house. The City could not oormit any further encroachment into
the 30' front yard.
How much area should be s,..-t aside for the future use of 4740 Bayside Road
a) 49' X 218' corridor along north property line (realign north -south
dimension to match lot to immediate east)
Gaffron (Exhibit H) confirms that this is adequate area to solve
all future septic needs. Per Oberhauser letter (Exhibit F) will
this corridor permit expansion of the existing house? There is
adequate area now to permit expansion to the west and north on the
house. If a new hc;use were to be built on the site, will there be
an adequate sized building envelope? Review Exhibit L. The area
of the lot is 52,756 sq. ft. or 1.2 acres - no change in lot width.
A building envelope of 11I 42' - a limited building envelope
for the RR-lA zoning dic;.rict in consideiAtion of the normal rural
uses of such lots.
The applicant and the Dinns have discussed the purchase of a parcel
running 20' wide along the west property line: and 49' wide along
the north property line (see Exhibit M). The Planning Commission
approved the acquisition finding this a fair --ompromise not wishing
to create financial burden on the Dunns or :Hake a charity case
for Primus. Review tLxhibit J, th,: minutes of the Planning Comml3sion
meeting of February 7, 1983.
b) One Acre Addition
Review Exhibit N. The building envelope is more consist^r.t with
rural residential uses. 'rho lot is r,)nsist�nt in size witn '-he
RR-1: zoning district on the south side of Bayside Road. Morc
than adequate area -o meet all future septic needs. The addition
of one acre would satisfy the standards setforth for lots of
single separate ownership in a rural residential district por
Ordinance 31. 203.
#722 - Ski Tonka, Inc.
March 10, 1J83
Pago •1
31.303. in "R" Districts of '-o ater Than One Acre. A lot of
record in any "R" District L,. the City in excess of one acre,
which does not meet the requirements of this Zoning Code as to
area or width only, may be utilized for single family detached
dwelling purposes if the Council finds:
1) it is at .:ast one acre in size, and the average width
of the lot is at least 100 feet; and
2) it is either served by public sanitary sewer or meets all
the septic system requirements of the City or other gov:rnment
body; and
3) it otherwise meets the requirements of this or other applicable
ordinances.
c) Four Acre Addition
Mr. Oberhauser has stated for the record all of the reasons for
.requiring a four -acre addition (review Exhibit I). I do not think
that we reed sketch such a plan for your review; needless to say,
it will bring 4740 Bayside Road well within the RR-lZ zoning
standards.
Staff Recommendation
As I recommended to the Planning Commission -.hat a minimum of one
acre be set aside for the future use of the L .arty located at 4740
Bayside Road. (similar to the one acre outlot set aside in t e
Victoria Estates plat for the one acre lot with an existing house).
The City should not concern itself with the purchase of that land.
Primus/Ski Tonka, Inc. must file for a subdivision creating a one -plus
acre outlot for the exclusive use of 4740 Bayside Road. The total
+'wo -re area will now be consistea t with minimum lot standards for
zl residential development. Staff has confirmed adequate and
ible area for future setpic needs. I could not agree more with
1,�rhauser's position but I have offered a practical solution in
,f the findings of this review, the objectives and intent of the
code and the nature of an after the fact application.
Cou. . i 1 Action
Give conceptual direction to staff so that a resolution may be pre.:
for C incil action at your next meeting. Advise thy- applicant that
he nej not wait for formal action on the variance application to fiit�
for a lot line rearrangement subdivision with the City. T'ie application
must be filed by Tuesday, March 29, 1983 to enable stafr to call for
a public hr.aring at the April 18, 1983 meeting of the Planning Comm.' sion.
REGULAR MEETING OF T}I!: ORONO COUNCIL MARCH 14, 1983 PAGE -3-
722 - SKI-TONKA, INC.
4740 BAY STDE ROAD - VARIANCE
#723 - SKI TONKA, INC.
45Z0 BAYSIDE ROAD
PRELIMINARY SUBDIVISION
#724 - BRUCE B. DAYTON
640 OLD LONG LAKE: ROAD
PRELIMINARY SUBDIV ION
RESOLUTION #1465
Councilmember Frahm moved, Mayor Butler seconded
to table this item as per the request of the
applicant. Motion, Ayes (3) - Nays (0).
Councilmember. Frahm moved, Mayor Butler seconded
to table this item as per the request of the
applicant. Motion, Ayes (3) - Nays (0).
Mr. Ned Dayton was present to repro ent Mr. Bruce
B. Dayton.
Toning Administrator Mabusth reviewe,] this applica-
tior wit. the Counc'
Councilmember Frahm moved, Mayor Butler seconded
to apprc•.•e the preliminary subdivision application
of Bruce Dayton subject to the Planning Commission's
recommendations of the following conditions:
1. Applicant execute a flowage & conservation
easement over the wetland area designated at
the 962 elevation per survey dated revised
,January 19, 1982.
2. If Outlot A is developed in the future creatinq
additional residential lots, a cul de sac must
be installed and the }plat road brought up to
current standards for rural development.
3. The City will ask for an undcrrlyinq i and
utility easement ovt-z tht. read outic
4 The app ic:ant must. 4Xc'r ut a m,tintonance agree-
i,.ie n t to a!;suro t ht u}>kt . ; and ma i;:tenance of the
private road.
5. Payment of a }park c1-dicat. ion fee determined as
Lot 2 @ 200.00 tnd Wt 3 @ 200.00 for a total of
$400.00.
Al:,-) Counc:ilmemb(A t'• thin aI pjov(.d of f's conditions
of .
1 . Ded ic,tt Ion ut ? -I' r iuht of way lot Old L-.)ny lake
R("td.
100' 1 h .z; t n } .a:� .i f rttm ..rt t" i.I,•t . ,_'t Old
IU i i i Of vHOA t p
1'nlit Offi.r Not twigCIVKlal Hav• Nfinncwita :632A*Muni: .)aI ( Iffices
TrIephune 473 7.1:1;
TO: 6,t: it W. pumu.s
432 MiAa►td &z►;h 6u-t'di►gl
;abmvapof,6, %1. 55401 - 2350
Copies to:
Control No. 722 s 723
meeting Date 3 14143
Notice Date 3 '15 '83
Variance
Conditional Use Permit
Subdivision, Preliminary
Subdivision, `.'final
>Y::'':::.iri::::Y�'c;:�:'c-:':•c�;•::'::Y::'::'::::i;:Y::'it•'..:-':•':•':':•'•-'•:Y:....c:Yti:..:.Y:::c:c::::•:...c•:—�;Y;c:Y -Y :Y ':c•Y:hk�;Y:Y:ir .hY -:Y;c:Y�:'!:��:
COUNCIL ACTION Vote: For Against Abstention
MOT ION
To tabfe oo.tt; you% ..ttc..►:t:e a►id subdtvcstcic appt' c.ttic►;s pe'& Yowl t;:auest.
k�k-k•.Y�t'�k:Y•�ic:k•:c;'t�r�":� .:�::k•�-k:rkxAr:r:clot:lc��cxllr:rk�c:':�r9lnik�::X:l:c.i•:rh1l-�r-�-k;t:Y:'rk;,—k;!-;'rh•kk•�;',•!c:'l•�Fk:ti:'r.Y:'Y•k*
DEADLINE nA rz
For submittal of new infuriation (application may be considered
formally withdrawn if inforrru3tion or explanation is not provided'
far Work Permit for work tc ')egin _ for work to be
application completed
_._ WORK PERMITS ARE- REQUIRED - contact Building Inspector before beginning
work.
VARIANCZ APPROVAL is limited to the extent shown on approved plans.
Do net change plans. Variance authority expires one year after approval.
CONDITIONAL USE APPROVAL expires upon change of ownership or use,
of or. deadline date specified above.
PRELIMINARY SUBDIVISION ArrROVAL - Applicant must provide all information
and/or improvements rewired for final approval. Contact Zoning
Administrator.
FI`:AL SUBDIVISION APPROVAL - Applicant must have drawings. resolution
and all other required documents recorded, with certification of such
recording returned to the City by deadline date.
Certified copies of official City Council Minutes may be obtained-6y
;ontacting the City Clerk. Allow at least three weeks from meeting date.
IT Y O 1 �M )
¢t Office Lk)a C4i-Crystal Hay, %Henry"eta 5:).123-.%1uniripn1 (Wricae
Telephone 473 7:M
?ainter's Creek Development Corp.
7ohn B. Burrell
L00 N. LaSalle Street
suite 2211
:hicago, Illinoi!: 60602
NOTICE OF PLANNING COMMISSION ACTION
Control No. 804
Varian
XXX Conditional Use Permit
XXX Subdivision, Preliminary
Date of Notice 3/26184
cc: Ron Bastyr
738 Twelve Oaks Center
15500 Wayzata Blvd.
Wayzata, Mn. 55391
Date of Meeting1184 _
Votes: 6_ For _ Against Jeff Martineau
Eberhardt -Fox Herfurth
730 E. Lake St., Wayzata, Mn. 55391
Planning ccm:;iis ion recommend-; the f.ollo"wi:1s;
_ App..`)va.1: ;%s submittc-d
XXXX Approval: Su --jest to cond:ticns-iote-I
Approval: Additional informa+ion required before Council meeting
_ Denial: 1'or reasons noted
Tabled Pending receipt of additional information from applicant
Tall, lad: Pending review by others, or further Planning Commission
study
No action requi --ed
:TOTES AND SPECIAL CO.NUI'I10O tS 1) ReaffirmPlanningCommission's original
.approval of 'te creation of an outlot abutting 4740 Bayside Road (49' along
north side of Dunn property and 20' along west side) to be set aside for future
septic needs; 2) Staff to research question of fee ownership for County Road 84
in consideration of applicant's request to include the subject area against
density credit for ten units; 3) Designate building pads of residential units
,1-7 in the absence of specific direction from the Planning Commission regarding
building setbacks. Staff recommends 30' side setback and 50' street setback.
(continued, Page 2)
— Applic::r:t' n n xt ,, .1QL1ule(.i rr,c•ctin(j is cunf itmcd as:
" Planning Co!.;,�i! sniun
Coun--i 1
XI Aj+li,_i=:nt's next scheduled meeting is dependent upon receipt of
add it-1(un:iI infc,r-r.. it it-r1. I)ea,llinc: for the AFr.i.l q 1984.
meet iri : i!- April 2, 1984 or
for t,i - meetin(j.
t In all ca-- ,. „ the oppl iciat ion ,nu!-,t bl." continue-1 witli the
request,:.; ir►fc_,rrn..,c i� r1 witl-ii11 -
or t.11cr C1+.}' 'w1.11 (:(�►(1, t)ol JJ)"IivittIU11 as f(-"rma l;; wlt'.:: .,.
Paini-.er's Creek Development #804
March 26, 1984
Page 2
4) Owners to execute open space easement over Outlots A y B to
secure density credit For app;icati(,n #804
5) Staff approval of all setpic system designs for the ten residential
units prior to scheduling subdivision for Council action
6) Engineer's approval of road plans for private road - Road should be
designated as an outlot on plat
7) City to require underlying road and utility easement over road
outlot
8) Conservation and flowage easements over wetlinds described by angles
and bearings
9) Hennepin County to approve access to residential Lnit on pad 10
10) Payment of a park fee of $1,000 (1 unit at 5 acres = $100)
�Ak. lJ4A�nML '.
r APR 2 51983
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