Loading...
HomeMy WebLinkAboutProject PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2004 7:00 o'clock p .m. *13. #04-3005 SIGN ORDINANCE AMENDMENT, SECTION 78-1466-ORDINANCE NO. 6, 3 rd SERIES Murphy moved, White seconded, to adopt ORDINANCE NO. 6, 3 rd Series, a Sign Ordinance Amendment, Section 78-1466, which defines pylon and monument signs, and amends language regarding the signs allowed within Business and Industrial Districts. VOTE: Ayes 5, Nays 0. *14. #04-2997 CITY OF ORONO-BIG ISLAND ACCESS-VARIANCES/CONDITIONAL USE PERMIT-RESOLUTION NO. 5165 Murphy moved, White seconded, to adopt RESOLUTION NO. 5165, a Resolution approving the necessary variances and CUP for the proposed wetland alteration to improve Big Island access between Lots 38 and 39, Morse Island Park. VOTE: Ayes 5, Nays 0. *15. ACCESSORY STRUCTURE RETENTION AGREEMENT-25 ORONO ORCHARD ROAD NORTH Murphy moved, White seconded, to authorize the execution of an agreement that would allow the garage to remain at 25 Orono Orchard Road North. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT Mayor Peterson stated that she'd received a letter from Representative Barb Sykora 's office offering a briefing. She asked if the Council would be interested. White stated that he would like to hear from her office, especially on issues related to education, etc . Sansevere reported that the power squadron had inquired about removing metal from the property adjacent to theirs, which he believed was Hennepin Parks land. McMillan invited the Council members to attend a workshop Thursday evening at St. George regarding the tum back of Highway 12. --.. Moorse indicated that he had also extended the invitation to both Park and Planning Commissions. White questioned the apparent clear cutting along the Luce Line by the DNR. Murphy stated that he'd met with a representative from Xcel Energy about the tree 'trimming', and left believing that he made little dent in their philosophy . Essentially, they have been and will be clear cutting under and near their power lines to eradicate exotics and reclaiming an area 15' from the power lines. _McMillan added that it is the DNR's opinion that Xcel is doing them a favor by removing exotics, but many other varieties are being impacted as well. She stated that she was terribly concerned about the cedar and spruce along t4e Luce Line. PAGE 10 of 12 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Greg Gappa Public Services Director TYPE OF APPLICATION: Variance/CUP DATE OF MEETING: ZONING FILE #04-2997 NOTICE OF COUNCIL ACTION DATE OF NOTICE: April 28, 2004 COPIES: VOTE: 5 FOR O AGAINST Motion: To approve per the findings and conditions of the resolution in the April 26 meeting packet.. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A land alteration permit must be obtained no later than April 26, 2005. Conditional use approval is subject to the conditions of the approval resolution. In the case of projects requiring a construction permit or other work permit, such permit must be applied for within one year of the date of conditional use approval or that approval will expire. 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. Date Application Received: 2-23-04 Date Application Considered as Complete: 2-23-04 60-Day Review Period Expires: 4-23-04 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Planning Director Date: April 23, 2004 Item No.: Agenda Section: Zoning Item Description: #04-2997 City of Orono -Access Between Lots 38 & 39, Morse Island Park (120-140 Big Island) -CUP and Variance for Wetland Alteration -Resolution List of Exhibits A -Resolution B -Notice of Planning Commission Action 4-22-04 C -Memo and Exhibits of 4-16-04 Application Summary: As a result of numerous requests from property owners on Big Island, and as a result of the previously used adjacent access road being converted to lawn by its owner, the City is requesting a variance and a conditional use permit to allow the filling of a small portion of wetland and floodplain to allow construction of anew driveway for vehicular access from the lakeshore to the interior platted road system. Planning Commission Recommendation: Approval of the variances and CUP to allow the wetland alteration and driveway construction project, including filling of a portion of the wetland, excavation within 26' of the wetland, and filling and hardcover within the 0-75' setback zone per the revised plan, subject to establishment of a Conservation and Flowage Easement over the wetland, and subject to MCWD permit approvals prior to commencement of construction activities. This City's application to the Minnehaha Creek Watershed District was reviewed by the MCWD Board on April 22. MCWD granted approval as presented. Staff Recommendation Staff concurs with the recommendation of the Planning Commission and recommends approval per the attached resolution. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving the necessary variances and CUP for the proposed wetland alteration to improve the Big Island access between Lots 38 and 39, Morse Island Park. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1112, AND A CONDITIONAL USE PERMIT PER SECTIONS 78-1113/14(2b) FILE NO. 04-2997 WHEREAS, the City of Orono Public Works Department (hereinafter "the applicant") has made application to the City of Orono (hereinafter "the City") for variances to Municipal Zoning Code Section 78-1112 and a Conditional Use Permit per Section 78-1113/14(2b) to allow filling and grading within 7 5' of the shoreline of Lake Minnetonka, within and within 26' of a wetland, and within the flood plain adjacent to Lake Minnetonka, to allow for the improvement of a pedestrian and limited vehicular access driveway within the public dedicated right-of-way located between Lots 38 and 39, Morse Island Park, Hennepin County, Minnesota (hereinafter "the right-of-way"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 15, 2004, and again on April 19, 2004 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2997. 2. The right-of-way is located in the RS Seasonal Recreation Zoning District. 3. The Planning Commission reviewed the application for variances and a conditional use permit at public hearings held on March 15 and April 19, 2004 and recommended approval by a vote of7-0 based on the following findings and hardships: A) The proposed access driveway will be 1 O' in width and 180' in length, and will provide a walkable access point, with limited vehicular accessability, for the north half of the island. This access will replace the access drive that was formerly used on the north side of the Page I of6 wetland. That access was on private property, and the owner recently converted it to lawn area. The City has long held that the City has an obligation to provide reasonable access to the interior roads on the island for the needs of the few inland properties which do not abut the lakeshore, and for the occasional service or emergency vehicles which may need to access the island. B) A small wetland lies within the 90' wide dedicated right-of-way corridor. The wetland in question is approximately 1/8 acre in area and is not on the City's 197 4 wetland inventory, and therefore is not defined as a "City-protected Wetland"; however, it is subject to Wetland Conservation Act (WCA) regulations, which the Minnehaha Creek Watershed District administers on the City's behalf. C) The project is being proposed under the WCA "de minimus" rules because it involves less than 400 s.f of wetland area being filled. Therefore, the amount of fill and the impact of that fill is so minor as to not require mitigation. The proposed filling is 215 s.f at the SE comer of the wetland. The proposed driveway fill will be no closer than 6' from the property line to the south. This complies with City requirements that do not allow filling within 5' of a lot line. D) The filling will impact a 12 cubic yard area of flood plain. An equivalent volume will be excavated adjacent to the NW comer of the floodplain area within the right-of-way as equal mitigation. E) The driveway will constitute filling of25 cubic yards of gravel in the 0-75' zone, requiring a CUP, and will constitute approximately750 s.f or 12% impervious surface in the 0-75' zone. These impacts are unavoidable in order to provide suitable access, and have been minimized by limiting the width of the driveway to 1 0'. F) This application was prepared by Public Services Director Greg Gappa with the assistance of John Smyth, Water Resource Specialist with Bonestroo & Associates, the City's engineering and environmental consultants. The appropriate applications are being made to the MCWD. MCWD approval shall be required befiore the project may commence. 4. The City Council finds that the hardships and special conditions supporting approval of the variances and CUP include the following: Page 2 of6 A) The property was platted as right of way in order to provide access to inland roads and properties on the island, such access being necessary for the protection of the public health, safety and welfare. Strict adherence to the ordinances would prohibit use of the property for its intended purpose. B) The right of way platted to the lakeshore is a unique circumstance to the Island and was created in 1887 for the public benefit by prior owners of the surrounding property, and is not a circumstance created by the City. C) Construction of a roadway 1 O' in width within the 90' wide corridor will not alter the essential character of the locality and will replace a similar access road which existed nearby on private property for many decades. D) The establishment of a suitable roadway is a substantial property right inherent in plattedright-of-ways. DenialofthevariancesandCUPwoulddenythepublicof this right. 5. The City Council finds that the re-establishment of a pedestrian and vehicular access at the right-of- way in question is necessary to balance the City's goal of providing only the minimum necessary public services to the island, with the inherent need for access for inland properties, for emergency services, and for occasional service vehicles. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants and the public; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 78-1112 and a Conditional Use Permit per Section 78- 1113/14(2b) to allow filling and grading within 75' of the shoreline of Lake Minnetonka, within and within 26' of a wetland, and within the flood plain adjacent to Lake Minnetonka, to allow for the improvement of a pedestrian and limited vehicular access driveway within the public dedicated right-of-way, subject to the following conditions: 1. Council approval is based on the site and grading plan submitted by the applicant, attached to this Resolution as Exhibit A. Any amendments to the plan which are not in conformity with the approved plan will be at the discretion of City staff and may require further Planning Commission and City Council review. 2. Applicant shall establish a Conservation and Flowage Easement over the wetland. 3. Applicant shall obtain all required MCWD permit approvals prior to commencement of construction activities. 4. Applicant and applicants agents shall comply with all permit requirements of the various agencies having jurisdiction over this wetland. 5. The applicant shall apply for and obtain a land alteration permit from the City prior to commencing the project. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a land alteration permit for the project within one year of the date of Council approval, or the variances will expire on that date (April 26, 2005). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 4 of6 Adopted by the Orono City Council on this 26th day of April, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Applicant Page 5 of6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_ day of ____ , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this_ day of _____ , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this ___ day of _______ , 2004 by __________ for the City of Orono. Notary Public Page 6 of6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. (#3. 04-2977 MICHAEL KEAVENY ON BEHALF OF RICHARD M. KEAVENY REV. TRUST, 3423/3425 SHORELINE DRIVE, CONDITIONAL USE PERMJT AND COMMERCIAL SITE PLAN REVIKW -Continued) Chair Mabusth continued that Mr. Keaveny does have friendly neighbors who would be happy to work with him to have the bowling alley come back but definitely oppose the liquor license. Mr. Keaveny stated he understood they have major issues with other license establishments but that this should not necessarily be thrown into his issue , and that there should be a way to deal with the Narrows . Having heard from her neighbors, Berg indicated the major issue is that Nava1Te does not need another restaurant with liquor. Mr. Keaveny stated he has heard this, too. Berg concluded that she also would like an upgrade of the building itself and a tenant that is less traffic intense, with no Class II restaurant. Chair Mabusth moved, Rahn seconded, to deny Application #04-2977, Michael Keaveny on behalf of Richard M. Keaveny Rev. Trust, 3423/3425 Shoreline Drive, Conditional Use Permit and associated Commercial Site Plan Review with Variances for hardcover, structural coverage and signs for a restaurant with liquor (Class II) based on the negative impact of the operation opening up onto adjacent residential properties, the additional traffic and activity concerns, that it is an issue of public health, safety and welfare, and includes the staff's findings of fact. VOTE: Ayes 7, Nays 0. Chair Mabusth encouraged Mr. Keaveny to work with staff. Mr. Keaveny indicated that he will and stated the staff was very nice to work with. 4. #04-2997 CITY OF ORONO, ACCESS BETWEEN LOTS 38 & 39, MORSE ISLAND PARK (120-140 BIG ISLAND), CONDITIONAL USE PERMIT, VARIANCE FOR WETLAND ALTERATION -CONTINUATION OF PUBLIC HEARING (8:00-8:20 P.M.) Greg Gappa, Public Services Director, representing the City of Orono, applicant, was present. Gaffron explained the applicant request was tabled at the Planning Commission's March 15, 2004 meeting to allow for a meeting with Big Island residents to review the proposed access plan and to allow Greg Gappa, Orono's Public Services Director, to be present for questions and comments. He illustrated the application's access location, a second access location with steep grades, as well as one additional potential westerly access location. Gaffron reported the City Council's position, as identified at last week's City Council work session, is committed to upgrading the application's access to the level of use as it had in the past until the adjoining property owner closed off the portion on their property. Further, the City Council was not interested in reviewing a third access at this time, leaving it for a future determination, noting there is no budget for it now. The City Council also indicated its intention to limit the number of access lanes open on Big Island to the minimum number necessary to provide minimally adequate access, resulting in minimizing the amount and impacts of motor vehicle usage on Big Island. Page 18 of 49 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. ( 4. #04-2997 CITY OF ORONO, ACCESS BETWEEN LOTS 38 & 39, MORSE ISLAND PARK (120-140 BIG ISLAND), CONDITIONAL USE PERMIT, VARIANCE FOR WETLAND ALTERATION -Continued) Gaffron summarized the current proposal is to merely replace the 90' public right-of-way for the long-established access that was recently eliminated from the adjacent property. The proposed wetland and floodplain impacts are minimal and the City expects to meet MCWD requirements. Further, the City recognizes an obligation to re-establish this access with the least impact method given the limited options. Gaffron indicated the wetland alteration and floodplain impacts were scheduled for the April 22, 2004 MCWD agenda. The proposed access improvements do not expand the access nor provide more access to Big Island. Gaffron recommended approval of the variances and the conditional use permit requested by the applicant. Gappa concurred with Gaffron' s summary, emphasizing that the request is basically for a replacement to an access that was there. There is no intent to expand the access from what had been there before but to leave the status quo of two access points. The access is 10' wide and pushed way to the south to minimize wetland impacts. Gappa anticipates the MCWD will require mitigation of the wetland buffer impacts so that a 16.5' buffer around the entire wetland will be put in place which is fine as the City's intent is only to build the road access with no other development activity on the site. He emphasized the application is a replacement of an access that for many years was thought to be on the public right-of-way but recent survey records indicated it was not the City's. The City Council's intent is to replace an existing access and not to provide more access to Big Island. This access is needed as it serves several land-locked parcels, too. Chair Mabusth asked Gappa ifhe was present at the City Council work session on April 8, 2004. Gappa responded that he was not in attendance at that work session but has read the meeting minutes and discussed the City Council's position with Gaffron. He briefly summarized the access issue background since a Big Island resident meeting in March 2003 and subsequent City Council and Planning Commission discussions of the matter. He confirmed that the City Council has no plan for additional access points on Big Island at this time or expanding vehicular use or tree removal, but is open to future considerations, with the current focus on this particular access replacement location. Chair Mabus th asked for clarification of efforts to minimize site impacts within the 0-75' shoreline area and the wetlands with the limitation of a 10' width. She questioned if the City is following all the MCWD guidelines or ifthere are other reviewing bodies. Gappa confirmed that the MCWD is the only other review body. Chair Mabusth asked for public comments. Cheryl Uran, 120-140 Big Island, stated that last time she was present, the Planning Commission had listened to them and gave a good solution that would work by getting the Big Island residents together to decide what to do. She believed that matter was taken out of their hands and returned to the Planning Commission. She expressed her disappointment in how the process had worked. Page 19 of 49 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. (4. #04-2997 CITY OF ORONO, ACCESS BETWEEN LOTS 38 & 39, MORSE ISLAND PARK (120-140 BIG ISLAND), CONDITIONAL USE PERMIT, VARIANCE FOR WETLAND ALTERATION -Continued) Ms. Uran repeated her comments from the March 15, 2004 Planning Commission meeting: 1. This is not a replacement access. There was nothing there as people were driving on their private property sometimes without asking them for permission. 2. The City has looked at no other accesses because they have not been surveyed for cost companson. 3. Grading costs versus filling in the wetland via barge costs does not make sense. 4. The work done this winter in the wetland was done by two private citizens, Urans were not consulted about the impact upon their land. 5. Uran does not like the feeling of having no input in the decision. 6. This access is the furthest point away from the land-locked lots and will result in more back and forth activity. Uran concluded that the Planning Commission reconsider the access but expressed her disappointment that it will be approved anyway. She apologized for repeating her comments and thanked the Planning Commission for listening. Rick Parson, 280 Big Island, commented that the access Ms. Uran referred to does not work for their property but that they could use the Bay Place location. He explained their property has quite a few steps up from the lakeshore and they have carried 88 sheets of plywood up the steps for their new building, and carrying construction materials by hand lengthens the building process making it tough to complete a building project in the two year time permitted by their building permit. Mr. Parson explained there is no way to get equipment in to build the sewage system coming from the access, as it does not connect to the access behind them. David Lovelace, 220 Big Island, indicated he purchased his property on Big Island in the late 1990's and at that time he understood he did not have lake access but that he had always had legal access. He was aware he could ask the City for a permit at the end of the platted road, and at that time, Bay Place was probably the closest. However, there is a dock already at the end of Bay Place public access and he understood that only one permit is allowed there and if he asked for a permit, the existing dock permit would be rescinded. Mr. Lovelace believed his option was limited and was not 'neighborly' so he took the one offered him at a greater distance. He acknowledged that he and others were aware the access used was on Uran's property, and that most of the Big Island residents have tried to work this out among them, but are here because the informal agreement ended and requested help to resolve the issue. Chair Mabusth asked Mr. Lovelace to indicate where he was allowed to put in his dock and ifhe received an administrative permit to put the dock there. Mr. Lovelace replied that he did have a dock permit for that location. However, until he was granted pedestrian access with the dock permit, he was forced to trespass to get from his dock to get to the road. He explained that the City advised him to remove an old building on his property before a building permit will be issued and observed that getting equipment in to remove the building is very difficult. Page 20 of 49 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. (4. #04-2997 CITY OF ORONO, ACCESS BETWEEN LOTS 38 & 39, MORSE ISLAND PARK (120-140 BIG ISLAND), CONDITIONAL USE PERMIT, VARIANCE FOR WETLAND ALTERATION -Continued) Chair Mabusth commented that she remembered the earlier Planning Commission discussion, which occurred without benefit of much background of this access issue and apologized if the City let them down. She stated Gappa was present this evening to give them the necessary background on this application. Gappa explained that with a City project, discussions often occur first at the City Council level because of the tax dollars involved. He acknowledged there have been past Big Island meetings and residential input but the City may not be able to satisfy all the varied interests on Big Island. He described a potential project on Big Island would have to go through the City's Capital Improvement Project process for funding and the Planning Commission would then look at the zoning aspects of a potential project. He concluded that the City Council is now clear on this matter. Mr. Lovelace asked if a resident could come to the Planning Commission and ask the same questions with the same process as he did four years ago. Chair Mabusth explained that a permit for a dock is handled through an administrative permit. Gappa concurred but explained further that if residents want to do other accesses, such as Bay Place, they likely involve the Capital Improvement Project process and city funding decisions, which begins with the City Council, not the Planning Commission. Mr. Lovelace restated his understanding that there is nothing preventing a resident from talking to administrative staff, the Planning Commission or the City Council in the future and asking to take another look at other public access issues on Big Island. Chair Mabusth and Gappa agreed with Mr. Lovelace's statement. Gerald Walsh, 180 Big Island, explained their property's location, noting the site is about 65' above the water level with a 20' drop to the water, making it virtually impossible to access the property from the water. When their property was purchased there was a recognized access by virtually everyone on Big Island, even to the extent that Mr. Uran would plow and clear access up to Walsh's property. About 1 ½ year ago, Mr. Walsh learned it was a private access, held numerous discussions with Mr. Uran and the city, was given permission to use the access, then later refused permission, and later was offered to use the access for $2,500 by Mr. Uran. Then the Urans informed him that no one was permitted to use the access and subsequently Mr. Uran developed it into a grass knoll making it impossible now to use the property without damaging it. He emphasized that when they used the property it was for limited access for building materials. Mr. Walsh stated there is no access to his property from the other side of the island without crossing other private property or without a steep grade. Chair Mabusth asked if there was a steep grade also at Bay Place. Page 21 of 49 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. (4. #04-2997 CITY OF ORONO, ACCESS BETWEEN LOTS 38 & 39, MORSE ISLAND PARK (120-140 BIG ISLAND), CONDITIONAL USE PERMIT, VARIANCE FOR WETLAND ALTERATION -Continued) Mr. Walsh indicated he did not know where the Bay Place access is on the lagoon but it may also have a substantial steep grade. However, even if the Bay Place access was open, Mr. Walsh stated there was no way to get to his property without going across Mr. Lovelace's property. Mr. Lovelace commented the road access coming up from Bay Place currently is wooded and it could be opened back up but is not drivable now. Ms. Uran interjected that she thinks there are cmTently two conditional use pennits for docks at Bay Place. Chair Mabusth stated the Planning Commission appreciates all the input but the City Council directed that the access be improved and is underway through the permitting process. Mr. Uran asked what the existing wetland in the public right-of-way is connected to on the west. Gappa responded that there may be culverts from up stream and that an ice ridge barrier traps the water draining down the hill to form the wetland, but acknowledged he did not know exactly what is to the west. Mr. Uran indicated the ice ridge or barrier has been there for over 28 years, as long as he has lived there. He stated that there are culverts on the west side of the lowland but they do not work anymore due to chunks of concrete being put in the roadway for stability by people who used the roadway. He commented about the amount of traffic coming off the ice this winter and asked if the right-of-way has been surveyed and, if not, the city is allowing the public onto Big Island without knowing where the roads are. Gappa agreed it was a valid point and that not a lot of road survey has been done on Big Island. He acknowledged there were many issues with respect to Big Island but the City's intent is to re- establish an existing access. Chair Mabusth moved, Berg seconded, to recommend approval of Application #04-2997, City of Orono, Access Between Lots 38 & 39, Morse Island Park (120-140 Big Island) granting variances and a conditional use permit to allow wetland alteration and a driveway construction project, including filling of a minor portion of the wetland, excavation within 26'of the wetland, and filling and hardcover within the 0-75' setback zone per the revised plan, subject to establishment of a Conservation and Flowage Easement over the wetland, and subject to the MCWD permit approvals prior to commencement of construction activities. VOTE: Ayes 7, Nays 0. Chair Mabusth recessed the Planning Commission at 8:20 p.m. for a short break and reconvened at 8:30 p.m. Page 22 of 49 Date Application Received: 2-23-04 Date Application Considered as Complete: 2-23-04 60-Day Review Period Expires: 4-23-04 To: From: Date: Chair Mabusth and Planning Commissioners Ron Moorse, City Administrator Mike Gaffron, Planning Director April 16, 2004 Subject: #04-2997 City of Orono -Access Between Lots 38 & 39, Morse Island Park (120-140 Big Island) -CUP and Variance for Wetland Alteration -Continuation of Public Hearing List of Exhibits: A -PC Draft Minutes 3-15-04 B -Notice of PC Action 3-22-04 C -Memo and Exhibits of 3-12-04 Application Summary: As a result of numerous requests from property owners on Big Island, and as a result of the previously used adjacent access road being converted to lawn by its owner, the City is requesting a variance and a conditional use permit to allow the filling of a small portion of wetland and floodplain to allow construction of a new driveway for vehicular access from the lakeshore to the interior platted road system. Current Status: This item was tabled on March 15 because Public Services Director Greg Gappa was not present. Planning Commission recommended that this not be brought back until staff meets with the residents of Big Island and can present a comprehensive plan for establishing/upgrading all three potential access points. Staff Recommendation: Staff recommends approval of the proposed wetland alterations absent the suggested meeting with residents. The Council has indicated no intent at this time to address further access issues or proceed toward opening a third access point. Background In March of 2003, the Council invited a group of Big Island residents to a work session to discuss the access issue. At that meeting, the consensus of the residents, and of the Council, was that the access lane that was closed by Mr. Uran should be replaced on the adjacent City right-of-way lane. Since that time, the Council has authorized a wetland delineation and a feasibilitystudyin preparation for construction of the access. These have been completed. The only step remaining is the CUP for filling in the 0-75 lakeshore zone. Most recently, the Council discussed this issue at its April 8, 2004 work session. The Council confirmed its support for the access lane. The Council also indicated its intention to limit the number of access lanes open on Big Island to the minimum number necessary to provide minimally adequate access. Minimizing the number of access lanes will minimize the amount and impacts of motor vehicle usage on the Island. #04-2997 Big Island Access April 16, 2004 Page2 At the PC's March 15 meeting, a variety of conflicting opinions were expressed by various owners of property on Big Island. While staff does not object to eventual consideration of a third access point, that access point would require substantial excavation within 7 5' of the shoreline, and would result in even greater pressures to allow tree removal in right-of-ways to create easy, direct travel routes through the island. This would require substantial public discussion, has no support from the Council currently, has no funding support, and would have the potential to create a significant change in the character ofthe island. The current proposal is to merely replace on public right-of-way the long-established access that was recently eliminated from the adjacent private property. The proposed wetland and floodplain impacts are minimal. While the abutting neighbors may not approve of the proposal, the City recognizes an obligation to re-establish this access, and is going about it in what staffbelieves is the least impact method given the limited options. Staff Recommendation Please review the memo and exhibits of March 12. Staff recommends approval of the variances and CUP to allow the wetland alteration and driveway construction project, including filling of a portion of the wetland, excavation within 26' of the wetland, and filling and hardcover within the 0-7 5' setback zone per the revised plan, subject to establishment of a Conservation and Flo wage Easement over the wetland, and subject to MCWD permit approvals prior to commencement of construction activities. ZONING FILE #04-2997 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: April 22, 2004 TO: Greg Gappa COPIES: Public Services Director TYPE OF APPLICATION: Variance / CUP DATE OF MEETING: April 19, 2004 Planning Commission recommended as follows: Motion to recommend approval of the variances and CUP to allow the wetland alteration and driveway construction project, including filling of a portion of the wetland, excavation within 26' of the wetland, and filling and hardcover within the 0-75' setback zone per the revised plan, subject to establishment of a Conservation and Flowage Easement over the wetland, and subject to MCWD permit approvals prior to commencement of construction activities. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council -Monday, April 26, 2004 7:00 p.m. 60-Day Review Period Extension. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on February 23, 2004 and the 60-day review period would end on April 23, 2004. However, because your application was tabled by the Planning Commission on March 15, 2004, the earliest potential date of final Council action falls after the 60-day period ends. Therefore, the 60-day review period is hereby extended an additional 60 days to June 22, 2004. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#13. #04-2996 BOB CARLSON, JYLAND HOMES, 1070 W. FERNDALE ROAD, STREET VACATION-Continued) 2 . The vacated prope1iy shall be legally combined with the adjoining three tax parcels: (02-117-23 43 0002, 02-117-23 43 0004 , 02-117-23 43 0006) Mabusth moved and Rahn seconded to approve Application #04-2996 , Bob Carlson, Jyland Homes, 1070 West Ferndale Road, requesting a vacation of an un-named road right-of-way created in the North Shore Cottage Acres. This approval is subject to the applicant granting general utility easements over any of the utility company's lines and need to confirm easements and also vacated property shall be legally combined with the adjoining three platted parcels. VOTE: Ayes: 7; Nays 0. 14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, VARIANCES (10:48-11:25 P.M.) Greg Gappa, Public Works Director, was not present. Mike Gaffron reported in his absence . Gaffron explained the application request and indicated that Greg Gappa, Public Services Director was unable to be present at the meeting. He asked that the commission please review Exhibit C, the memo from Mr. Gappa, which explains the need for this project and the characteristics of the project. Gaffron noted that the wetland in question is not on the City's 1974 wetland inventory, and therefore is not defined as a "City-protected Wetland"; however, it is subject to Wetland Conservation Act (WCA) regulations, which the Mi1mehaha Creek Watershed District administers on the City's behalf. The City has chosen to make the applications for variance and CUP although it could be argued that this wetland do_es not fall strictly under the City 's ordinances . The project is being proposed under the WCA "de minimus" rules because it involves less than 400 s.f. of wetland area being filled. This means that the amount of fill and the impact of that fill is so minor as to not require mitigation. The proposed filling is 215 s.f. at the SE comer of the wetland. A revised plan submitted on March 12 has slightly relocated the proposed driveway fill so that there will be no filling closer than 6' from the prope1iy line to the south . This complies with City requirements that do not allow filling within 5' of a lot line. The filling will impact a 12 cubic yard area of flood plain. An equivalent volume will be excavated adjacent to the NW corner of the floodplain area within the right-of-way as equal mitigation. The proposed driveway will be 1 0' in width and 180' in length, and will provide a driveable access point for the north half of the island. This access will replace the access drive that was Page 40 of 48 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, VARIANCES-Continued) f01merly used on the north side of the wetland. That access was on private property, and the owner recently converted it to lawn area. The City has long held that the City has an obligation to provide reasonable access to the interior roads on the island for the occasional service vehicle, and for the needs of the few inland properties that do not abut the lakeshore. The driveway will constitute filling of 25 cubic yards of gravel in the 0-75' zone, requiring a CUP, and will constitute approximately 750 s.f. or 12% impervious surface in the o-75' zone. These impacts are unavoidable in order to provide suitable access, and have been minimized by limiting the width of the driveway to 10'. With passage of the WCA, the Minnehaha Creek Watershed District was designated by the City as the responsible Local Government Unit (LGU) for administering the WCA regulations. These regulations provide degrees of flexibility for certain types of wetland alteration activities, which are seen as positive rather than detrimental, and they provide for mitigation of negative impacts when they are unavoidable. The appropriate applications are being made to the MCWD. MCWD approval shall be required before the project may commence. Gaffron noted that this application was prepared by Public Services Director Greg Gappa with the assistance of John Smyth, Water Resource Specialist with Bonestroo & Associates, the City's engineering and environmental consultants. Because wetland alterations are not allowed by Orono Code except by variance, the activity is required to be justified via the demonstration of a hardship. The commission was asked to review the hardship statements within the application packet. The need for access to inland properties is a valid hardship that supports this variance request. The locations of the few access points to the island were platted a century ago, before motorized vehicles were common. The access points generally were platted at low points in the topography, for obvious reasons. This is one of the only potential access points for the north half of the island, and the proposed work is necessary from a public a safety standpoint, as well as to provide access to inland lot owners. Access cannot be provided without work in the 0-75' zone. Gaffron stated that staff recommends approval of the variances and CUP to allow the wetland alteration and driveway construction project, including filling of a portion of the wetland, excavation within 26' of the wetlap.d, and filling and hardcover within the 0-75' setback zone per the revised plan, subject to establishment of a Conservation and Flowage Easement over the wetland, and subject to MCWD permit approvals prior to commencement of construction activities. Page 41 of 48 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, VARIANCES-Continued) Chair Smith asked for clarification on that the property owner was reclaiming his private property that had been used for public access. Gaffron responded affirmatively. Gaffron fmiher stated this prope1iy owner suffered the public's use of his property for many years. Chair Smith confinned that there is access elsewhere, but doesn't provide for access to this part of the island and that is why this is needed. Gaffron stated that these access points were dedicated in plats 100 years ago and generally they are at the low points in the topography so that people could drive their horse and buggy up to the low point at the bluffs and that is probably why this one is located at the low point here. For whatever reasons it has become a wetland. We don't know if it has always been a wetland. It is not on the city's protected wetland list or map. Because of the wetland delineation process, however, the area is wetland. Public member Sheryl Uran, 120 and 140 Big Island, owns property on either side of the wetland. She thought wetlands were "sacred cows". She spoke to the MCWD and they say a wetland can't be filled unless there is no other viable alternative and every alternative should be exhausted before a wetland is filled in. She said her property has been surveyed three times in the last four years for this particular road and the stakes have been moved every single time. To her knowledge, the other roads have not been surveyed. So the wetland has always been looked at and not the other accesses. One inland property owner has asked for access. She spoke to Greg Gappa and he stated he has no plans to do anything for the roads. It is the furthest point away for any of the inland prope1iies. There are other access roads that can be used. For example, the road by Gabriel Jabbour's property is partially paved and goes to all the inland lots. The one that is on either side of Bruntjen's property has never been looked at as viable where rush and small trees are the only thing standing in the way of access. Chair Smith inquired what other accesses have been given consideration. Gaffron responded that the city has considered two other potentially viable access points: 1. West side next to Jabbour's property, which is used by everybody on the island 2. Downhill from Bruntjen's prope1iy Gaffron then stated there are other properties that need to get access and they have potential of going in on the west end, coming around the side of the large wetland. There are trees in the right-of-way and the city has told people not to cut trees in the right-of-way. Some of the right- of-ways are located next to wetlands and the city normally doesn't like trees being cut next to wetlands. Staff believes people should develop on the island in ways that do not require they Page 42 of 48 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, VARIANCES-Continued) have constant and total use of right-of-ways. From a safety perspective there is a need for access. Gaffron noted he believes the city should potentially be developing three access points on the island and named them on the map. However, it should be noted that the city doesn't have the dollars to develop them all at the same time so they are proceeding to improve one access at a time. This one has gotten staiied at the request of more than one neighbor and letters are in the packets applauding the city for trying to get something useful. Gaffron agrees with having more accesses, but the city is limited to what they can afford in a time frame that works. Public member David Lovelace, 220 Big Island explained the access situation on the island and admitted he started the whole access issue and wants all three access sites developed. At the Bay Place location the lake levels comes up various years that makes access difficult. Mr. Lovelace stated he would bear the cost of the gravel with his neighbors. Public member John Uran, 120/140 Big Island who has lived on the island for 30 years asked Lovelace where he is building his house on that prope1iy and how close would it be to the access? Lovelace's preference is to have his dock access near to where he will have his cabin or house. He has a covenant restriction with the owner that he purchased the land from. Uran asked Gaffron why the city would fill a wetland at this point to provide access when you have two other places to provide access. He suggested the whole island be surveyed. Lovelace stated he is not asking to fill the wetland. Public member Valerie Walsh, 180 Big Island is located five properties down from property access and didn't receive any public hearing notice. Gaffron stated notices are required to go to residences within 350'. She wants all three accesses developed. Public member Dorothy Parsons agrees with Ms. Walsh. She stated her son carried 20 sheets of plywood up to her home because they don't have road access. She also said the alley next to Parson's home is not accessible. A septic system needs to go in and they need access to the back of the property. Chair Smith suggested this item be tabled and suggested that Greg Gappa meet with all island homeowners to come up with an access plan. She also appreciates homeowners are interested in helping out financially and with letting the commission know what access points would be desirable to them. Public member Parson asked what the city needs from them. Chair Smith responded that having all of tonight's participants make sure they sign in on the attendance form and note that they are Big Island residents so that Greg knows who was here tonight. Page 43 of 48 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, VARIANCES-Continued) Smith moved and Mabusth seconded to table Application #04-2997, City of Orono, for a CUP to provide vehicular access from the lakeshore to the interior platted road system between lots 38 and 39 at Morse Island Park on Big Island. VOTE: Ayes 7; nays 0. SKETCH PLANS 15. #04-2987 HASHEM BUKHADRA, 1745 FOX STREET SKETCH PLAN. Gundlach rep01ied that the applicant was not present and the commission temporarily put this item on hold and moved to the next item. 16. #04-2988 HENRY J. LAZNIARZ, 120 BROWN ROAD SOUTH, SKETCH PLAN The representative, Henry Lazniarz, and his builder, Tom Goodrnm, were present. Gaffron explained this is a sketch plan for a proposed 7-lot residential plat or PRD of property abutting the Luce Line Trail and Long Lake Creek. Five concept plans have been presented for consideration. Each proposal includes development of a private cul-de-sac road accessing from Brown Road South, plus extensions to serve various outlying or back lots. The property is in the Metropolitan Urban Service Area but does not abut any existing municipal sewer lines. The site is wooded and contains an existing single-family residence constrncted in the 1920's. This prope1iy was the subject of extensive reviews by the Plaiming Commission and Council during the period 1999-2001. A variety of schemes ranging from 4 lots to 7 lots had been proposed, but the ultimate result was denial based on the lack of suitable access to the site. The owners of the property, the Van Eeckhouts, have taken legal action to have their existing easement declared as usable for access to the property. The City Attorney is still reviewing documentation provided to him, but his initial conclusion is that the 40' easement does in fact provide the applicant with the right to create a road to serve multiple lots over that easement. Henry Lazniarz is purchasing the property and is proposing to develop 7 lots on the 14 acres. He apparently is open to suggestion as to the best layout for accomplishing this. Gaffron reviewed the points in the staff memo relating to the prope1iy. Tom Goodrnm handed out colored renderings of the five concept plans. Gaffron noted that applicants have provided the commission with a number of concept plans and most of them could be done in a planned residential development with a standard plat. The Page 44 of 48 I i i ! I 5 STEEl FENCE POST (T-POST), MINIMUM 5' LONG, ,TTACH FABRIC 1D POSlS ""'-"TH M!Nll,IUI,! 3 21P 11t:s (50 LB, TENS1Lt) PER POST IN TOP s•, 6' MAXIMUM SPACING. """' .. ''• ........ WOVE~ MONORLAMtNT GEOTEX11L£ F'ABRIC PER MNOOT 3B86-1 }~R1~'>.W6 F>.~~f ?::~:Ls ACHINE SLICE 6" FLAP) 'L~ .. _12 • oiru;w ~~L~gMPAfcF. BY lf~~autPMDliJ:l~oSTS PLACEMENT Of ~ .. · ....... TI:· .. ::_:.-. ..."'"""".,.,. ' : • • ; • • • ·, • • POST £M8EOM :, . : .... :.· :·. .· :,· · .... ·:. 'IHE MA011NE SUCEO ~E'TliOD (lHIS DETAIL) IS THE STANDARD SILT FDIC!:: INSTALLATION !dt"niOO, HE:AV'J'-DUl'I' (tR0-18) OR ~t~o:;ou!g~~ ~ifaHJ~ 6~s1'k~~o: B~~~o~~ouLO MACHINE SLICED SILT FENCE NO .SCALE 8" CL. 5 AGG. BASE GEOTEXTILE FABRIC TYPICAL SECTION NO SCALE I I I I I I / ;' / I I I I I l..v I I :::S; I I 1/< I / .:s: / I ~ I I I I ~ I I I I /7 I .,.Y, r / I I .,. .-r _ _.. ---j .,. 1--- I I I r -- I --- --.l!JS..Q.._ ST.AT/ON HOO 1+D1,68 1+04.04 1+06.40 1+10 1+20 1+30 1+40 1+50. 1+60 1+70 1+80 1+83 -E,.-2.... r------_____ ,j}'~- ..fl.Ooo PLAIN MITIGA 1101-J 12 cu _)'.OS-- EDGE OF WETLAND --9~5 __ ;, -/ ', ,....,-'.ta __ ___ ' ', ------' ', ' ' "''¾ . ', ', ' ........_ F ........_ ---' '-, '--.. ', ', AllEA11 VOUIMBS Ot/llllLA.Tll'B r'OLl/Ja'S Sauore Feet Cublc Mira's CubJo Yttrds CUT FILL CUT F1LL CUT FJLL 3,36 0,80 0.19 2,15 1,04 0.05 0,19 0.05 2.37 0,92 0.20 0,09 0.38 0.13 2.36 o.43 0.21 0.06 0.59 0.19 ,.so 1,65 0.26 0,1-4 0.65 0,33 2.27 0.40 0.70 0.3B 1.55 0.71 1,74 0,52 0.74 0.17 2,29 c,sa 1,65 0.71 0,63 0,23 2.92 1.1, 1,16 1.31 0.52 0.37 3.44 MS J.43 0.24 0.B5 0.29 4,29 1.77 9.91 0.00 2,47 0.04 6.76 1.81 2,00 1,07 2.20 0.20 B,96 2.01 6.64 0,00 0.48 0.06 9.44 2.07 0.00 0.00 9.44 2.07 SILT FENCE £OGE Of LAKE 1.~\FILL\ PROPOSED WEu\ \ mso.n.\\ \ ' 60!,. PLAIN FILL 12 fl' \YD'i \ I, Fl. ', \ \ /1 ,...._, , , J n ,-...._ '' 1 '"'~~......__'-._~! l l • 10 ~=----Sco1e 11'1 fut ~ 15(:;lt\ ,Sw,:'!p1,vl,.,...kL. 20 ~ltTTmll dl;I !ai ii! ~al~ liil .?ii,.,_ ~!Ii ~g~w"I M:• t!;! 9!:11 t l•!i. I _h!i. "' 0 ~~~g ~i!~ -:c:1:~ f.~t~ ~~~:, o Id 1! Zcu~ m ~c::i:'Ci t:8:~ ~ ooc II) mtr::<ct ~o~ ~~ 00 Cl> QC w[/) z f3 zo -0 ~< 0~ 1 z :5 o!!.l 0::: (.'l Oii5 1tva1aoolllg11.1o, CS.I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#13. #04-2996 BOB CARLSON, JYLAND HOMES, 1070 W. FERNDALE ROAD, STREET VACATION-Continued) 2. The vacated property shall be legally combined with the adjoining three tax parcels: (02-117-23 43 0002, 02-117-23 43 0004, 02-117-23 43 0006) Mabusth moved and Rahn seconded to approve Application #04-2996, Bob Carlson, Jyland Homes, 1070 West Ferndale Road, requesting a vacation of an un-named road right-of-way created in the North Shore Cottage Acres. This approval is subject to the applicant granting general utility easements over any of the utility company's lines and need to confirm easements and also vacated property shall be legally combined with the adjoining three platted parcels. VOTE: Ayes: 7; Nays 0. 14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, VARIANCES (10:48-11:25 P.M.) Greg Gappa, Public Works Director, was not present. Mike Gaffron reported in his absence. Gaffron explained the application request and indicated that Greg Gappa, Public Services Director was unable to be present at the meeting. He asked that the commission please review Exhibit C, the memo from Mr. Gappa, which explains the need for this project and the characteristics of the project. Gaffron noted that the wetland in question is not on the City's 197 4 wetland inventory, and therefore is not defined as a "City-protected Wetland"; however, it is subject to Wetland Conservation Act (WCA) regulations, which the Minnehaha Creek Watershed District administers on the City's behalf. The City has chosen to make the applications for variance and CUP although it could be argued that this wetland does not fall strictly under the City's ordinances. The project is being proposed under the WCA "de minimus" rules because it involves less than 400 s.f. of wetland area being filled. This means that the amount of fill and the impact of that fill is so minor as to not require mitigation. The proposed filling is 215 s.f. at the SE comer of the wetland. A revised plan submitted on March 12 has slightly relocated the proposed driveway fill so that there will be no filling closer than 6' from the property line to the south. This complies with City requirements that do not allow filling within 5' of a lot line. The filling will impact a 12 cubic yard area of flood plain. An equivalent volume will be excavated adjacent to the NW comer of the floodplain area within the right-of-way as equal mitigation. The proposed driveway will be 1 O' in width and 180' in length, and will provide a driveable access point for the north half of the island. This access will replace the access drive that was Page 40 of 48 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, VARIANCES-Continued) formerly used on the north side of the wetland. That access was on private property, and the owner recently converted it to lawn area. The City has long held that the City has an obligation to provide reasonable access to the interior roads on the island for the occasional service vehicle, and for the needs of the few inland properties that do not abut the lakeshore. The driveway will constitute filling of 25 cubic yards of gravel in the 0-75' zone, requiring a CUP, and will constitute approximately 750 s.f. or 12% impervious surface in the o-75' zone. These impacts are unavoidable in order to provide suitable access, and have been minimized by limiting the width of the driveway to 10'. With passage of the WCA, the Minnehaha Creek Watershed District was designated by the City as the responsible Local Government Unit (LGU) for administering the WCA regulations. These regulations provide degrees of flexibility for certain types of wetland alteration activities, which are seen as positive rather than detrimental, and they provide for mitigation of negative impacts when they are unavoidable. The appropriate applications are being made to the MCWD. MCWD approval shall be required before the project may commence. Gaffron noted that this application was prepared by Public Services Director Greg Gappa with the assistance of John Smyth, Water Resource Specialist with Bonestroo & Associates, the City's engineering and environmental consultants. Because wetland alterations are not allowed by Orono Code except by variance, the activity is required to be justified via the demonstration of a hardship. The commission was asked to review the hardship statements within the application packet. The need for access to inland properties is a valid hardship that supports this variance request. The locations of the few access points to the island were platted a century ago, before motorized vehicles were common. The access points generally were platted at low points in the topography, for obvious reasons. This is one of the only potential access points for the north half of the island, and the proposed work is necessary from a public a safety standpoint, as well as to provide access to inland lot owners. Access cannot be provided without work in the 0-75' zone. Gaffron stated that staff recommends approval of the variances and CUP to allow the wetland alteration and driveway construction project, including filling of a portion of the wetland, excavation within 26' of the wetland, and filling and hardcover within the 0-75' setback zone per the revised plan, subject to establishment of a Conservation and Flowage Easement over the wetland, and subject to MCWD permit approvals prior to commencement of construction activities. Page 41 of 48 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, VARIANCES-Continued) Chair Smith asked for clarification on that the property owner was reclaiming his private property that had been used for public access. Gaffron responded affirmatively. Gaffron further stated this property owner suffered the public's use of his property for many years. Chair Smith confirmed that there is access elsewhere, but doesn't provide for access to this part of the island and that is why this is needed. Gaffron stated that these access points were dedicated in plats 100 years ago and generally they are at the low points in the topography so that people could drive their horse and buggy up to the low point at the bluffs and that is probably why this one is located at the low point here. For whatever reasons it has become a wetland. We don't know if it has always been a wetland. It is not on the city's protected wetland list or map. Because of the wetland delineation process, however, the area is wetland. Public member Sheryl Uran, 120 and 140 Big Island, owns property on either side of the wetland. She thought wetlands were "sacred cows". She spoke to the MCWD and they say a wetland can't be filled unless there is no other viable alternative and every alternative should be exhausted before a wetland is filled in. She said her property has been surveyed three times in the last four years for this particular road and the stakes have been moved every single time. To her knowledge, the other roads have not been surveyed. So the wetland has always been looked at and not the other accesses. One inland property owner has asked for access. She spoke to Greg Gappa and he stated he has no plans to do anything for the roads. It is the furthest point away for any of the inland properties. There are other access roads that can be used. For example, the road by Gabriel Jabbour's property is partially paved and goes to all the inland lots. The one that is on either side ofBruntjen's property has never been looked at as viable where rush and small trees are the only thing standing in the way of access. Chair Smith inquired what other accesses have been given consideration. Gaffron responded that the city has considered two other potentially viable access points: 1. West side next to Jabbour' s property, which is used by everybody on the island 2. Downhill from Bruntjen's property Gaffron then stated there are other properties that need to get access and they have potential of going in on the west end, coming around the side of the large wetland. There are trees in the right-of-way and the city has told people not to cut trees in the right-of-way. Some of the right- of-ways are located next to wetlands and the city normally doesn't like trees being cut next to wetlands. Staff believes people should develop on the island in ways that do not require they Page 42 of 48 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, VARIANCES-Continued) have constant and total use ofright-of-ways. From a safety perspective there is a need for access. Gaffron noted he believes the city should potentially be developing three access points on the island and named them on the map. However, it should be noted that the city doesn't have the dollars to develop them all at the same time so they are proceeding to improve one access at a time. This one has gotten started at the request of more than one neighbor and letters are in the packets applauding the city for trying to get something useful. Gaffron agrees with having more accesses, but the city is limited to what they can afford in a time frame that works. Public member David Lovelace, 220 Big Island explained the access situation on the island and admitted he started the whole access issue and wants all three access sites developed. At the Bay Place location the lake levels comes up various years that makes access difficult. Mr. Lovelace stated he would bear the cost of the gravel with his neighbors. Public member John Uran, 120/140 Big Island who has lived on the island for 30 years asked Lovelace where he is building his house on that property and how close would it be to the access? Lovelace's preference is to have his dock access near to where he will have his cabin or house. He has a covenant restriction with the owner that he purchased the land from. Uran asked Gaffron why the city would fill a wetland at this point to provide access when you have two other places to provide access. He suggested the whole island be surveyed. Lovelace stated he is not asking to fill the wetland. Public member Valerie Walsh, 180 Big Island is located five properties down from property access and didn't receive any public hearing notice. Gaffron stated notices are required to go to residences within 350'. She wants all three accesses developed. Public member Dorothy Parsons agrees with Ms. Walsh. She stated her son carried 20 sheets of plywood up to her home because they don't have road access. She also said the alley next to Parson's home is not accessible. A septic system needs to go in and they need access to the back of the property. Chair Smith suggested this item be tabled and suggested that Greg Gappa meet with all island homeowners to come up with an access plan. She also appreciates homeowners are interested in helping out financially and with letting the commission know what access points would be desirable to them. Public member Parson asked what the city needs from them. Chair Smith responded that having all of tonight's participants make sure they sign in on the attendance form and note that they are Big Island residents so that Greg knows who was here tonight. Page 43 of 48 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, VARIANCES-Continued) Smith moved and Mabusth seconded to table Application #04-2997, City of Orono, for a CUP to provide vehicular access from the lakeshore to the interior platted road system between lots 38 and 39 at Morse Island Park on Big Island. VOTE: Ayes 7; nays 0. SKETCH PLANS 15. #04-2987 HASHEM BUKHADRA, 1745 FOX STREET SKETCH PLAN. Gundlach reported that the applicant was not present and the commission temporarily put this item on hold and moved to the next item. 16. #04-2988 HENRY J. LAZNIARZ, 120 BROWN ROAD SOUTH, SKETCH PLAN The representative, Remy Lazniarz, and his builder, Tom Goodrum, were present. Gaffron explained this is a sketch plan for a proposed 7-lot residential plat or PRD of property abutting the Luce Line Trail and Long Lake Creek. Five concept plans have been presented for consideration. Each proposal includes development of a private cul-de-sac road accessing from Brown Road South, plus extensions to serve various outlying or back lots. The property is in the Metropolitan Urban Service Area but does not abut any existing municipal sewer lines. The site is wooded and contains an existing single-family residence constructed in the 1920's. This property was the subject of extensive reviews by the Planning Commission and Council during the period 1999-2001. A variety of schemes ranging from 4 lots to 7 lots had been proposed, but the ultimate result was denial based on the lack of suitable access to the site. The owners of the property, the Van Eeckhouts, have taken legal action to have their existing easement declared as usable for access to the property. The City Attorney is still reviewing documentation provided to him, but his initial conclusion is that the 40' easement does in fact provide the applicant with the right to create a road to serve multiple lots over that easement. Remy Lazniarz is purchasing the property and is proposing to develop 7 lots on the 14 acres. He apparently is open to suggestion as to the best layout for accomplishing this. Gaffron reviewed the points in the staff memo relating to the property. Tom Goodrum handed out colored renderings of the five concept plans. Gaffron noted that applicants have provided the commission with a number of concept plans and most of them could be done in a planned residential development with a standard plat. The Page 44 of 48 ZONING FILE #04-2997 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: March 22, 2004 TO: Greg Gappa COPIES: Public Services Director TYPE OF APPLICATION: Variance/ CUP DATE OF MEETING: March 15, 2004 Planning Commission recommended as follows: Tabled because applicant was not present. Planning Commission indicated this should be brought back to PC for review once you have met with the residents of Big Island and can present a comprehensive plan for establishing/upgrading all 3 access points. Please see the draft minutes attached to get a sense of the discussion ... Motion to Table: VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Planning Commission -not scheduled pending additional work ... If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaf:fron at 952-249-4600. 8 - -----------~~ --- _-j~ ---~-, 1ll -------- I 1, Ii ---, -- Date Application Received: 2-23- Date Application Considered as Complete: 2-23-04 60-Day Review Period Expires: 4-23-04 To: From: Date: Chair Smith and Plam1ing Commissioners Ron Moorse, City Administrator _,;,)'\,. Mike Gaffron, Pla1ming Director ;}''1/~ March 12, 2004 Subject: #04-2997 City of Orono -Access Between Lots 38 & 39, Morse Island Park (120-140 Big Island) -CUP and Variance for Wetland Alteration -Public Hearing Zoning District: RS Seasonal Recreation District, 5-acre min. Access Dimensions: The right-of-way providing access is approximately 90' in width at the lakeshore and at the rear, and is approximately 170' in depth. Application Szunma,y: As a result of numerous requests from property owners on Big Island, and as a result of the previously used adjacent access road being converted to lawn by its owner, the City is requesting a valiance and a conditional use pennit to allow the filling of a small portion of wetland and floodplain to allow construction of a new diiveway for vehicular access from the lakeshore to the interior platted road system. Staff Recommendation: Staff recommends approval of the proposed wetland alterations. -· Pertinent Code Sections: .,,,,,,. /~ ' ~··· ~·· '"::::f" -.~-t•--' ._ .cit. !'7'\.,l"./'1"1,- t:/ •; !('t/ L 0,s>ip-4, V 1. Section 78-1112: Development Restticted; Prohibition. Except as hereinafter specifically l · pennitted, no filling, grading, dredging, excavation, hardcover, temporaryorpermanent structures, obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 7 5 feet of the ordinary high water elevation of any lake shoreline. 2. Sections 78-1 l 13/14(2b): "Alldredgingorexcavationofmaterialfromany b~<t'pondor wetland or from adjacent land thereto" is a conditional use within the Floodway and Flood Fringe Distticts. This wetland ( as all wetlands) includes areas within those two Districts as defined in Section 78-1108. 3. 4. Section 78-1117: Section 78-1286: (Standards for floodway and flood fringe conditional uses) (Shoreland standards for topographic alterations, grading and filling) Date Application Received: 2-23-04 Date Application Considered as Complete: 2-23-04 60-Day Review Period Expires: 4-23-04 To: From: Date: Chair Smith and Planning Commissioners Ron Moorse, City Administrator Mike Gaffron, Planning Director March 12, 2004 Subject: #04-2997 City of Orono -Access Between Lots 38 & 39, Morse Island Park (120-140 Big Island) -CUP and Variance for Wetland Alteration -Public Hearing Zoning District: RS Seasonal Recreation District, 5-acre min. Access Dimensions: The right-of-way providing access is approximately 90' in width at the lakeshore and at the rear, and is approximately 170' in depth. Application Summary: As a result of numerous requests from property owners on Big Island, and as a result of the previously used adjacent access road being converted to lawn by its owner, the City is requesting a variance and a conditional use permitto allow the filling ofa small portion of wetland and floodplain to allow construction of a new driveway for vehicular access from the lak:eshore to the interior platted road system. Staff Recommendation: Staff recommends approval of the proposed wetland alterations. Pertinent Code Sections: 1. Section 78-1112: Development Restricted; Prohibition. Except as hereinafter specifically permitted, no filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 7 5 feet of the ordinary highwater elevation of any lake shoreline. 2. Sections 78-l 113/14(2b ): "All dredging or excavation of material from any lake bed, pond or wetland or from adjacent land thereto" is a conditional use within the Floodway and Flood Fringe Districts. This wetland ( as all wetlands) includes areas within those two Districts as defined in Section 78-1108. 3. Section 78-1117: (Standards for floodway and flood fringe conditional uses) 4. Section 78-1286: (Shoreland standards for topographic alterations, grading and filling) #04-2997 March 12, 2004 Page2 List of Exhibits A -Variance & CUP Applications B -Survey I Site Plan/ Grading Plan (Revised Plan Submitted 3-12-04) C -Public Services Director Memo 2-18-04 D -Hardcover Calculations E -MCWD Application and Exhibits F-PlatMap G -197 4 Orono Wetland Inventory Map H -MCWD Wetland Inventory Map & Hydrology Summary I -Property Owners List J -Code Excerpts Pertinent to Wetland Alterations K-Orono SWMP Excerpts: Section 5, Wetlands Management L -Letters from interested parties Background Please review Exhibit C, the memo from Public Services Director Greg Gappa, which explains the need for this project and the characteristics of the project. The wetland in question is not on the City's 197 4 wetland inventory, and therefore is not defined as a "City- protected Wetland"; however, it is subject to Wetland Conservation Act (WCA) regulations, which the Minnehaha Creek Watershed District administers on the City's behalf. The City has chosen to make the applications for variance and CUP although it could be argued that this wetland does not fall strictly under the City's ordinances. The project is being proposed under the WCA "de minim us" rules because it involves less than 400 s.f. of wetland area being filled. This means that the amount of fill and the impact ofthat fill is so minor as to not require mitigation. The proposed filling is 215 s.f. at the SE comer of the wetland. A revised plan submitted on March 12 has slightly relocated the proposed driveway fill so that there will be no filling closer than 6' from the property line to the south. This complies with City requirements that do not allow filling within 5' of a lot line. The filling will impact a 12 cubic yard area of flood plain. An equivalent volume will be excavated adjacent to the NW comer of the floodplain area within the right-of-way as equal mitigation. The proposed driveway will be 1 O' in width and 180' in length, and will provide a driveable access point for the north half of the island. This access will replace the access drive that was formerly used on the north side of the wetland. That access was on private property, and the ownerrecently converted it to lawn area. The City has long held that the City has an obligation to provide reasonable access to the interior roads on the island for the occasional service vehicle, and for the needs of the few inland properties which do not abut the lak:eshore. #04-2997 March 12, 2004 Page3 The driveway will constitute filling of25 cubic yards of gravel in the 0-75' zone, requiring a CUP, and will constitute approximately 750 s.f. or 12% impervious surface in the o-75' zone. These impacts are unavoidable in order to provide suitable access, and have been minimized by limiting the width of the driveway to 10'. With passage of the WCA, the Minnehaha Creek Watershed District was designated by the City as the responsible Local Government Unit (LGU) for administering the WCA regulations. These regulations provide degrees of flexibility for certain types of wetland alteration activities which are seen as positive rather than detrimental, and they provide for mitigation of negative impacts when they are unavoidable. MCWD Approval Required The appropriate applications are being made to the MCWD. MCWD approval shall be required befiore the project may commence. City Consultant Review This application was prepared by Public Services Director Greg Gappa with the assistance ofJohn Smyth, Water Resource Specialist with Bonestroo & Associates, the City's engineering and environmental consultants. Hardship Statement Because wetland alterations are not allowed by Orono Code except by variance, the activity is required to be justified via the demonstration of a hardship. Please review the hardship statements within the application packet. The need for access to inland properties is a valid hardship that supports this variance request. The locations of the few access points to the island were platted a century ago, before motorized vehicles were common. The access points generally were platted at low points in the topography, for obvious reasons. This is one of the only potential access points for the north half of the island, and the proposed work is necessary from a public a safety standpoint, as well as to provide access to inland lot owners. Access cannot be provided without work in the 0-75' zone. Issues for Consideration 1. Are there any aspects of this project that will be detrimental to the neighborhood? 2. Is Planning Commission satisfied that the project is appropriate? 3. Does Planning Commission have any other issues or concerns with this application? #04-2997 March 12, 2004 Page4 Staff Recommendation Staff recommends approval of the variances and CUP to allow the wetland alteration and driveway construction project, including filling of a portion of the wetland, excavation within 26' of the wetland, and filling and hardcover within the 0-75' setback zone per the revised plan, subject to establishment of a Conservation and Flowage Easement over the wetland, and subject to MCWD permit approvals prior to commencement of construction activities. City of Orono Variance Application --I Application# Of~zc.,q 7 )II Street Address: 2750 Kelley Parkway Orono, MN 55356 Date Received: L -z 3 1Y-( Amount Paid: -------Staff: Fee: S600 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Renewal-: ----=-$3=0:-=o------ After-the-fact: $1,200 Double Fee · Crystal Bay, MN 55323--:066 This application form must be completed in full. Api::cant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORM,ATION: , . . ·\ Site Address: 6 \ ~ S \ °" ½ d L 0( ( ~-/~ CC Q $ ~-oc c;,~ UJ\ 6(~ \! ( tY1 \ 1.,0 (j I 't O B\c;: 1· . y,c.J1 Property ldentifica on Number (PIN): · A ,,............;;._ _______ ----:-____________ _ (Attach legal descri~tion to application if _.not ,in~lcded on the survey.) . Date Property Acquired (month/year): I q \ 0 □ _Yes, I own the adJa9ent parcels. Pre~ent~se_ofproperty: □ResidentiaJ _rD .... O-u7er VrHoY\-\· p\cd··\~tl S'\ree't Zonmg D1stnct: S(2.aJOV\CI\ U. E Crtd\\OM \ APPLICANT I_NFORM~TION: (Complete l~ga! na~es and marital status required for each interested party) Name: C, 1) c ~ 0 ror"I 6 · G '(-?..fJ Gar_pq-. . Phone (home): _ J Phone (work): 9 s··2:·-2._ q q .... q..-l 00 Address. \:'. o·. ·& o b b Cr s '\ r.d Bc,i; -:tvtll .S S -~ 2~J Email: <j £1 c; f pa ~ (1 , O rc1 n CJ, m n, tA .r Fax: __ s_· 1_:·_·· _2_.:c:t_c,_ .. _· ______ _ OWNER INF:ORMA TlqN: (Complete !~gal narr.es 2:-:::: marital status required for each interested party) Name: CI\· • () -( _, ('C}{'\0 -(/ • Moc:r-··4l Phone (home): -------------~ Phone (work): · 5'2. · L' 4 -c '.DO Address: P. 0. Bo);; ~ 6 Cv--S\<-\ Bo. MU S S ~ '2-3 Email: rho c ov•S"1< ';;) ( ·,. Qnmo.rv'\h,Us· Fax: __._1_~_·2_r_• ·_2-_~_q_--__ _,___ ___ _ DESCRIPTION OF REQUEST: C ,\ ) $ ) . r., C 0 re ........... _ :.! ·, ~-·, .-·., . :,, . : /. ;7 .... -1 ...... •·:-• ..•,!' ._: i;-· ·. <.::< ~:·;}Y ... ; ··. · ... ·· ·! ',1 ;, : REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List -owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project.* APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. °'== a 9J C~'//)[lt7'-G'r \9 O•r'y t-\, Gcippc~ Date: 1-.-~ ·tra -0 4 ~ v Date: ---------------- Applicant's Signature: Applicant's Signature: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff~co, s ltants, agents, Commission & Council Members for purposes of investiga~d ver'.ficat!s> ;._.; request. . . Owner's Signature: ~•~j;~ -': ~ Date: c), j£,p 1/ Owner's Signature: _________________ Date: 7 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. . ,· I / .. I:~•; Page 1 of3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): · 1. a reasonable use if used under 2. 3. 4. "Economic considerations alone shall not constitute an undue hardship if r~asonable use for the property exists under the terms of the Zoning Chapter." /l lf ,?.f~,.::'.;. ;::~i ;{: ·! --~~§-.c•.,::).!,,~f i} § 5. 6. 7. 8. 9. 10. 11. Page 2 of3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in h_armony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." l.P... "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." f~A. "The special conditions applying to the structure or land in question are peculiar to sue~ property or}mmediately adjoining p~pertyr'' . . l Sp<?Ll,d fohOl\-\\on d-t pl1.d~E't1l p1.11~l\c R.1~\,~ d{ /11,li::i1y 1 t<; (Afi\Cj ;;W -\:cl.,. k,✓-pr?.~ re,·-\> "The conditions do not apply generally to other land or structures in the district in which said land is located." .-··. ,• ,., .. ;.'-❖' ~it:: .. :: .. ·:r~••;:; Page 3 of3 12. Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): .-- _ /_ /: . .. . , .. ., Application# c·Lt-2.0(9] Date Received 2 •~ -72-o-r Amount Paid ----CITY OF ORONO-GENERAL LAND USE APPLICATION PROPERTY LOCATION · Site Address . je--:<: lu\hr✓l L •t.2. .._ ·rsr locc'\,\{'d '),r-\\,V~E' \ \Le) c\qo e,5Js-·\·Q>1d Type of Application to be Filed CU f 6 rt:'v) \<)7· t, I} \r.c; -·] 5· S<'.1: ci\.C~ 1:.0i1f.'. Property Identification Number (P.1.0.) -'-'M'-"-'--A'--____ 7 _______ _ APPLICANT c· ' . r Name t\}-d .. crrtJ'f!p' .. G r~n GC1p po. ~ ,- Phone (home)--=----,------PhO'ne(work) °ISl-J 1 q --"±6LI Address e O. Box 1;: { Crys\ct I Bo'L City ' fv; fJ . Zip s-S.¾'L3 -+ 1 OWNER (if diff~rent than applicant) Name Ct i:·' o fl Ov·e, .... ':J· fL.,h tvlc.,.~r--~ Phone (home)-.,,..,,_~--,-----,--......--Phone (work) -'------=-.__._-__,__.. ___ -.--__ Address 1'1. O. iJc:,)(_ i, { Cy· . iv. ~Ot'-City _fVl;;....:~.-:-Jl_~ ___ _ Date~ Acquired n tl P\ ·" · e f1 VI · ) { lU0i\ I (do)~ also own the adjacent parcels of and. FEES -CONDITIONAL USE PERMITS - ___ $600.00 Residential Accessory Use ___ $600.00 Institutional (church, school, etc.) ___ $600.00 Guest House/Guest Apartments ___ $600.00 Duplex Credit/Bldg ---$600.00 Commercial/Industrial Use ---$600.00 Land Alteration + Permit --Grading and filling -designated wetland or floodplain __ Grading and filling -501 cu. yd. or more )( Grading, seawall, retaining walls within 75' of lakeshore PRO/PIO -see Fee Schedule ------$250.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $600.00 Commercial Site Plan Review(+ consultant fees) $600.00 Vacation ---$600.00 Easement Vacation --- ---$100.00 Easement Vacation With Subdivision ---$600.00 Rezoning (PUD -refer to fee schedule) ___ $600.00 Comprehensive Plan Amendment ___ $100.00 Appeals Other -see Fee Schedule --- 5 '"'"'"-:.:;., . ,..,.·:-:>· .. .. ,·/\: •'}. 1::~ ;;:31 REQUIRED SUBMITTAL$ 1. 2. 3. 4. 5. 6. 7. 8. 9. __ Completed Application Form. __ Describe request in detail. __ Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910). __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. __ Attach legal description to application if not included on required survey. __ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). __ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of app!icant(s) if not current owner(s). __ Construction plan, if applicable (see staff for requirements). __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date _______ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of hisfner knowledge. ~ °' ·tnM r, G ri fyu:i n -1 a,_04 Applicant's signature 7:/ Ct ~Uuvyt ~., rtB O-<''y P . Date __ L·_a.;_,Lt __ _ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for pu o es of investigation and verification of this request. .-/ Owner's signature /4? · . ,:::::;---z~~ Date o) ,/ f ,f) '(' Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at 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 advise f1i 1B~Q~ing§. Zoning Office of this_ ch~B, ·or to the meeting. c;:,hf.:-, \\,..! . . \_. ·: ,_ ... ,. :: • ..,1, ~_-:1"1 .. _J_ .• ,l''-~ ··.~ tR.._._:, .. :-,"_1' §' !} .~t}i ~ f;l 0 .., ~ ~ " § 15 ill i;' ~ ~ Sl i ;; ill :::-~ STEEL FENCE POST (T-POST), MINIMUM 5' LONG, 6' MAXlMUM SPACING. ~ WOVEN MONOFlLAMENT GEOTEXllLE FABRIC PER MNOOT 38B6-1 (36" WI01H) -OVERLAP TOP 6" OF FABRIC ANO FASTEN AT 2' INTERVALS MACHINE SLICE 8"-12' DEPTH (PLUS 6' FLAP) TRENCH MUST BE COMPACTED BY LIGHT EQUIPMENT PRIOR TO PLACEMENT OF STEEL POSTS. ·.-.7]:··.·.:· ·. _' _.· .. .' · .... : : :: . 24" MINIMUM _:. : , , :. • ·_-· • POST EMBEOMENT : .. ·: . THE MACHINE SLICED METHOD (THIS DETAIL) IS 1HE STANDARD SILT FENCE INSTALLATION ME'THOO. HEAVY-DUTI (ER0-18) DR STANDARD (ER0-1 C) SILT FENCE INSTALLA llON METHODS SHOULD ONLY BE USED WHEN APPROVED OR DIRECTED BY THE Cln'. MACHINE SLICED SILT FENCE NO SCALE 8" CL. 5 AGG. BASE GEO TEXTILE FABRIC TYPICAL SECTION NO SCALE I ///.,JI I :::J; I I I I I Ir< I ...s I 'Z /~ I I I I I I I I I I --..J II I I!~- / / // r / I I I I I I I I I I ---- I.,,..,.,,.., .,,..,----~-r _.,,.., / I ;----- / -- ---33;..9 --- ----- ~--- ----..r -- AREAS S, uare Feet STATION CUT FJU 1+00 3.70 0.76 1+06.40 2.36 0.43 1+10 1.98 1.15 1+20 2.62 0.35 1+30 2.50 0.42 1+40 1.83 0.64 1+50 1.62 0.99 1+60 3.92 0.23 1+70 12.95 0.00 1+80 1.60 0.93 1+83.44 0.0.0 0.00 -- -----.,,--------.fLOOD PLAIN MITIGATION 11 CU )'.OS--- ;, ---- EDGE OF WETLAND -930.5 __ ---/ ______ __.,. - -- VOLUMES Cubic Yards CUT FILL 0.79 0.11 0.29 0.11 0.85 0.28 0.95 0.14 0.80 0.20 0.64 0.30 1.03 0.23 3.13 0.04 2.69 0.17 0.10 0.06 0.00 0.00 - 587 SQ, FT. " " '-.. ' CUMULATIVE VOLWIES Cubic Yards CUT FILL 0.79 0.11 1.07 0.21 1.93 0.49 2.88 0.63 3.68 0.83 4.32 1.13 5.34 1.36 8.47 1.40 11.16 1.58 11.26 1.63 11.26 1.63 ......... PROPOSED WE,\ • NI)., FILL\ 160 SQ. FT. 1 \ \ \ '-.. J\ \ \ FLO© ~IN F1LL11 c~ ~S\ \ I ........ \ \ ,-.._ '......_/ \\)I "--" ::_--~~--=-\ J I ~~} EDGE OF LAKE 929.4 CONTOUR (PLAmD) l 0 10 ---Scale in feel 20 I ~ "' "' "' 3 I= I: ~ e i I z ~ ~ a: .. iil 0 0 ~ Ir h~ ~~~ .rffi ~iii~;! ~t;e~ it.J~z ~~oJ Vl__?if--. ~56° 0..ff&IJ~ O !!!=>~t;; 'i j;ir.::iw ~ 0 jE. i~~~ ~ oc a ?:~< & Sell~~-u!i-w w fB~i: i ~~i~ I -~ ;:, Q. 0 "'Z 0 ::5 z (/) o- 0:::: c., o ro I ... g 1 904000BlglslondXSXT.d SHEET NUMBER C5.01 ~ ~ i'3 ~ " ~ I ~ ;l- ~ I ~ STEEL FENCE POST (T-POST), MINIMUM 5' LONG, 6' MAXIMUM SPACING. ~ ATTACH FABRIC TO POSTS WITH MINIMUM 3 ZIP TIES (50 LB. TENSILE) PER POST IN TOP 8•. WOVEN MONOFILAMENT GEOTEXTILE FABRIC PER MNDOT 3886-1 (36" WIDTH) -OVERLAP TOP 6" OF FABRIC AND FASTEN AT 2' INTERVALS MACHINE SLICE 8"-12• DEPTH (PLUS 6" FLAP) TRENCH MUST BE COMPACTED BY LIGHT EQUIPMENT PRIOR TO PLACEMENT OF STEEL POSTS. . .. -~ 24"MINIMUM ·._.· .. ·. · ... ·. . ___JPOST EMBEDMENT THE MACHINE SLICED METHOD (THIS DETAIL) IS THE STANDARD SILT FENCE INSTALLATION METHOD. HEAVY-DUTY (ER0-1B) OR STANDARD (ER0-1C) SILT FENCE INSTALLATION METHODS SHOULD ONLY BE USED WHEN APPROVED OR DIRECTED BY THE CITY. MACHINE SLICED SILT FENCE NO SCALE 8" CL. 5 AGG. BASE GEO TEXTILE FABRIC TYPICAL SECTION NO SCALE I I // /.,JI I ::J; Ir< /~ /"C' / ii /✓ /7 I I I I I I I I I I I I I I I I I O' ACCESS ROAD I I I I I / I I _.,,, / -r __...-- / / 1-----=-- I I I ---- ,,,...,.------- ---Jl35.0 - STATION 1+00 1+01.68 1+04.04 1+06.40 1+10 1+20 1+30 1+40 1+50 1+60 1+70 1+80 1+83 - AREAS VOLUMES S, uare Feet Cubic Yards CUT FILL CUT FILL 3.36 0.80 0.19 0.05 2.15 1.04 0.20 0.09 2.37 0.92 0.21 0.06 2.36 0.43 0.26 0.14 1.50 1.65 0.70 0.38 2.27 0.40 0.74 0.17 1.74 0.52 0.63 0.23 1.65 0.71 0.52 0.37 1.16 1.31 0.85 0.29 3.43 0.24 2.47 0.04 9.91 0.00 2.20 0.20 2.00 1.07 0.48 0.06 6.64 0.00 0.00 0.00 -MITIGATION 12 CU ...)DS-- 555 SQ. FT. CUMULATIVE VOLUMES Cubic Yards CUT FILL 0.19 0.05 0.38 0.13 0.59 0.19 0.85 0.33 1.55 0.71 2.29 0.88 2.92 1.11 3.44 1.48 4.29 1.77 6.76 1.81 8.96 2.01 9.44 2.07 9.44 2.07 "'-"'-" " " EDGE OF WETILAND 930.5 -------__...--__...-- PROPOSED WE-il-'N\FILL\ 215 SQ. FT. 1 \ \ -.....__-.....__ /\ \ \ FLOOD-~AIN FILL 12 pu \YD\ \ / -.....__" I \ \ I " --,,.__ '-.. \ \ I I --....___ " ..__.,._ /, "~~~--,___ \I;, ~-u' --:f,;U_; __...-- EDGE OF LAKE 929.4 CONTOUR (PLATTED) l D 10 '-i-- Scale in feet 2D I w <D " " t ic ~ n. n. 1 9040008iglslondXSXT .d SHEET NUMBER C5.01 1 J9 \ 1 3904000 \CAD \DWG\ 139040008IGlSLAN0XSXT .DWG .. w 0 (") g 01 al .a· . " 0 I "' ~ w.,o 0 " s· ;; ~~o N 0 -~-z---- ORONO, MINNESOTA BIG ISLAND ACCESS ROAD ~ ~~ ~;;::: g~ "J co co '.i:' 931.3 "' t5 t 8 I 931.10 I I i , I 931.0 I 931.16 9 Ol .i,. ~ I I I ~ I il,~2~ I I .... .. iJ ; . . ! ;I PVI ~TA = 0+~5 I 930.7 I 931.41 PVI E~EV = 931!26 o I + 931.1 ;.._ __ __, I t 931.10 I I ! ! 931.5 PVI ~TA = 0+50 932.00 I I I PVI ~LEV = 932.00 ~ I .~~';, I I L I . I ,~, 931.6 932.40 '.j:' I 931.7 I ~ 932.60 lo , , ,~ ! i : -1 : I I ! I i I I PVI ! STA = 0~80 I • ! ~ PVI ~LEV = 9~2.60 'I I 9~~1_;5 I ··············· ··+ · !)/~ ~ io 9~~\~ ·························· l ···················· jl :v~ r:: = 9311.50 r . . i = 1+!00 I I 930.5 I ,, J. 931.00 11/g ,1 ,},!l +LJ.JQJ t5 i93().50 930.0 930.50 + I 930.o t 93o.5o 930.0 930.50 + I 930.2 ~ 930.50 9 0 0 ~ I PVI StA = 1+20 l PVI ELEV = 930.50 I I I j I , ~ PVI Sf A = 1+ ilO I 9 9 3 3 0~5 8 0 I i .. . ' I PVI EL~V = 930.pO °' I <.n + I 929.2 I ~ 992ia~( 0 ' J,1 PVI STA = 1+80 'IPi PVI ELBV = 929.~5 Id; I $¥ 0) ' Jlla Bonestroo St. Paul Office 2335 West Highway 36 St. Paul, MN 55113 Phone: 651-636-4600 Fax: 651-636-1311 I HEREBY CERTIFY THAT THIS PLAN. SPECIFICATION. OR REPORT SURVEY PJE Rosene ~Anderlik& •\J• Associates Engineers & Architects www.bonestroo.com WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANO THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER DRAWN MJB UNDER THE LAWS OF THE STATE OF MINNESOTA. PRINT NAME: Thomas P, Kellogg 1 SIGNATURE, 72A ©BDNESTROO, ROSENE, ANDERUK & ASSOCIATES, !NC. 20041 DATE ~ ~ -c>L~/- UC.NO.~ DESIGNED TPK APPROVED TPK OAT£ 2/.!\41f,ll04 PROJl J11ll40008!GISLAND 936 932 936 932 936 932 936 932 0+70 0 0+60 0 0+50 ·--···-·'t-······ 0 0+43.10 0 0+40 0 0+35.94 . ' ' 936 932 936 932 ; ·-1936 ·--·; ··-----·---; 936 -----Cf.·· 936 1-.. ---'-----'-----4------': 936 --·--·•-:-i i 932 ~---:=·--·--·i--·--· .·---i=---==1932 928 '-··· -20 ~--...CC-=---~----' 928 0 20 0+30 .~---·----. ---~-------------- 936 i-·---...i. .... __ _,_ ___ -;...----;! 936 ;..............._. ___ ...,.. ___ ....,.. ___ --;------; 932 t:: 1 , ::=:==::::::3:~~~~!~-~§':=:J".:::=:::··:J··7 932 ~ : ___..., s i d 928 ; _____________ [ ---'"~1°'~------~1 928 -20 0 20 0+20 . -··-·--·------. -----U,-------- 936 ,.... ·----;------;;........----,......------,! 936 : -·---·-··--·-· ! . -· 932 ,•.,: ===-=t·, ==~§~:~.,~~=====:====: 932 ,.. =o<i -?-1 928 .!_ -------°"~[m _______ ~] 928 -20 0 20 0+10 . . 936 : · ..•..•... .' · -----------i 936 1 _i ____ _j_ 932 t:-.=• J · · ~;;-0~·~'~"'§;~~~::::.:::=::i: 932 __ :;l"_]m __ ·-----~' 928 928 : _____ . -20 936 932 928 o+oo 0 20 936 932 928 -20 936 932 928 -20 936 940 936 932 928 -20 -20 936 932 1 +06.40 0 20 1 +04.04 0 20 1+01.68 936 0 1+00 0 20 0+95.44 0 20 0+93.09 0 0+90.73 940 f ··-.. ·-· ! ···-·-·-·<t--··--·· j 940 '··--·····-•-:••····-··--'-----'-------i 936 1·····-··-. .l ____ _,_ ___ --,.. ___ -; 936 ---i 928 '-··•·· -20 ---·-·--en jo:i 0 0+90 .... L ___ .....J 928 20 940 ;·-·-··-···,•-·---4---------,, 940 L------· i __ ··--+------;-----, 936 1-···· ...... .L·-·-······-· .!.... --+----.....; 936 ·--------. --: 9321 ·· .::...~' -d-.' ·-· ..-:: .. ·---i 932 928 ! __ .. · ·· · · : .... _. . ... o".L',>_ ........ _ . .L._.-... _J 928 -20 0 20 0+80 932 928 924 -20 936 932 928 -20 936 932 928 -20 936 932 928 -20 -20 1+83 0 1+80 0 1+70 0 1+60 0 1+50 0 1+40 932 928 20 936 932 20 20 935 .· : ···f··--·-~i~ow ···--·-: 935 932 : ··-·-1 !0 ~ _ __j 932 -=~=1--j ==-'' , 1 pa +a ~~ : 928 c_:.:~==i====·-1·:~ -····-·! 928 -20 0 20 1+30 936 ·····-·····~------,-..----;R➔OW ....... i 936 932 -----'c,0----+il ··-..:::...--=i 932 ~·=c-=_,..._.......-c=..to~·== ; 928 -20 936 932 928 -20 936 932 928 -20 ! 928 -------~'"~~ ;+--------' 0 1+20 0 1 +10 ~i~J= 0 20 936 932 928 20 936 932 928 20 STA110N o+oo 0+10 0+20 0+30 0+35.94 0+40 0+43.10 0+50 0+60 0+70 0+80 0+90 0+90.73 0+93.09 0+95.44 1+00 STA110N 1+00 1+01.68 1+04.04 1+06.40 1+10 1+20 1+30 1+40 1+50 1+60 1+70 1+80 1+83 ~ 0 i?c 0 $ ;;'. 0 ~ er ~ 0. i AREAS VOLUMES CUMULATIVE VOLUMES SQuare Feet Cubic Yards Cubic Yards CUT FILL CUT FILL CUT FILL 0.00 0.00 1.29 0.00 1.29 0.00 6.97 0.00 1.78 0.03 3.07 0.03 2.65 0.18 0.58 0.19 3.65 0.22 0.49 0.84 0.11 0.23 3.76 0.45 0.51 1.26 0.08 0.20 3.84 0.65 0.61 1.04 0.08 0.12 3.91 0.77 0.86 0.90 0.31 0.20 4.23 0.98 1.57 0.69 0.56 0.45 4.79 1.42 1.47 1.73 0.38 1.09 5.17 2.51 0.58 4.16 0.13 2.02 5.30 4.53 0.12 6.74 0.52 1.65 5.82 6.18 ~ ~ 2.68 2.20 0.07 0.06 5.89 6.24 u " 2.68 2.20 0.28 0.14 6.17 6.38 3.09 1.88 0.31 0.12 6.48 6.50 3.42 1.67 0.62 0.16 7.10 6.66 3.36 0.80 0.00 0.00 7.10 6.66 AREAS VOLUMES CUMULATIVE VOLUMES Square Feet Cubic Yards Cubic Yards FILL CUT CUT FILL CUT FILL 3.36 0.80 0.19 0.05 0.19 0.05 2.15 1.04 0.20 0.09 0.38 0.13 2.37 0.92 0.21 0.06 0.59 0.19 <D 0 ~ Ill M "' 0,... ~ u >-,... "',... E f1l ,... """' !II ,: LO ',... .c LO "'' .. 0 "'<D .2' z -,, M i "5 r :E: ' <D ,... ' ti _::-Lf).-t Ill QI :, "'U'l ~ 11. s: ro .. I..O ~ a.. QI .... U'l C >< M ..; o ro ~ (,/) M Vl .C U.. N a.. 0 ! I 2.36 0.43 0.26 0.14 0.85 0.33 1.50 1.65 0.70 0.38 1.55 0.71 2.27 0.40 0.74 0.17 2.29 0.88 1.74 0.52 0.63 0.23 2.92 1.11 1.65 0.71 0.52 0.37 3.44 1.48 1.16 1.31 0.85 0.29 4.29 1.77 3.43 0.24 2.47 0.04 6,76 1.81 9.91 0.00 2.20 0.20 8.96 2.01 2.00 1.07 0.48 0.06 9.44 2.07 6.64 0.00 0.00 0.00 9.44 2.07 13904000bigislondC701 SHEET NU1,19ER C7.01 February 18, 2004 To: Orono City Council and Planning Commission From: Greg Gappa, Director of Public Services Subject: Big Island Lake Access "C" Road Lake access C is located on the northeast side of Big Island and is a 90' wide platted City Right of Way with flat topography and is currently undeveloped Almost the entire width of the access is a Type 1 wetland that was formed by an ice ridge that impounds surface water drainage. This area usually contains water during spring the spring snow melt or very wet periods. For many years access to the island in this area was on private land adjacent to the north of the access, the property owner has now blocked this access road. Since the dry land access area on private property is not available, there is no longer a good access point for the properties on the northern area of the island. The only other access lanes D and H that have suitable topography for reasonable access are located further south on the island. In 2000, the City granted approval for the property owner of 220 Big Island, a landlocked parcel, to have a seasonal dock on access C. Information on this approval is attached. C. The property owners on the northern area of the island are concerned about access, and we have had discussions and several site visits to the island with property owners to view options for better access to the island. An option for consideration is the construction of an access road on lake access C that would restore access comparable to the historical access that was located on private land. Attached is a plan showing a 10' wide crushed rock access road on the southern edge of access D. The plan shows a road extending from the lakeshore to an existing access path on the Lawn Avenue Right of Way. Construction of the entire 180' ofroad would require about 60 Cubic Yards of rock. The proposed plan is to place the crushed rock on top of geotextile fabric placed directly on the existing ground. This should be adequate considering the low level of usage for this road and will minimize the amount of excavation required. There will be a small amount of excavation required to remove the ice ridge near the lakeshore. Construction of the road across the wetland will require about 3 00 s. f. of wetland impact. Minnesota Rules provide for a "de minimis" exception for impacting less than 400 s.f. of wetland in the shoreland area. To obtain the de minimis exception a permit application has to be submitted to the Minnehaha Creek Watershed District for approval by the Board of Managers. No wetland mitigation is required for the de minimis exception approval. Page 1 of 2 l.i ·- Construction of this road will require a Conditional Use Permit from the City for grading and filling more than 10 c,y, in the O' to 75' setback zone. Approximately 25 C.Y. of crushed rock will be placed in the Oto 75' setback zone. A variance will also be required for 750 s.f or 12% of impervious surface in the 0' to 75' hardcover zone in which no impervious surfaces are allowed. Page 2 of 2 ,~: ,t./ r:£. /1~~:l~\-;; 'Y~iL,~ ( .r;,,-~,,.\ ; ~.,, -·~ ·~ ~~?:, ./:.,·l 'i.q\k!~- HAR~ER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-7 .·. 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A House X = S.F. Length Width X = S.F. X = S.F. 8. Garage X = S.F. C. Driveway CJ X 0 = 0 S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE 6JSO 0 S.F. B A (j + B X 100 = % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. ·•-•-, 8. Garage X = S.F. C. Driveway 15 X lo = ,so S.F. .. X = S.F. ! D. Sidewalk X = S.F. X = S.F. \ I E. Patio/Deck X S.F. I = X = S.F. : ' F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE ·7 so S.F. A TOTAL PROPERTY~~ IN ZONE &1so "l::,J so l S.F. B A J. + B X 100 = 2*2.'L % COMBINED JOINT NOTIFICATION FORM -WATER RESOURCE APPLICATION app1 Use this form to notify/apply to the Minnehaha Creek Watershed District (MCWD), their engineering consultants. the DNR, and the Hennepin Conservation District of a proposed water/wetland project or work which may fall within their jurisdiction. These agencies should advise you of their jurisdiction or permit requirements within 10 days. Fill out this form completely and mail a copy, with plan, maps, etc ... to the MCWD, 18202 Minnetonka Blvd .• Deephaven, MN 55391 Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. l. Applicant's Name (Last, First, M.I.) Ct+-0 F 0f'CJl\c, -l/600 2. Location of proposed project (Attach drawing w/directions to site): COUNTY QTR SECTION(s) SECTI0N(s) T0WNSHIP(s) RANGE(s) Lot, Block, Subdivision /--leril\eplf\ 2-3 /17 N Zs W PROJECT ADDRESS: CITY: 0 ro A. cJ 3. LENGTH OF SHORE AFFECTED (in feet): VOLUME OF FILL OR EXCAVATION (Cubic yards): /I. Z.G t. '( .r.-; ,,, AREA FILLED OR EXCAVATED IS Acres, OR Square Feet. Flood-() ltif"'-,,.;,r I'! 1 a.rt R.ri.. +-We.. +Lr,..;-., s +-' 0 STORMWATERMANAGEMENTPLAN ~FLOODPLAIN ALTERATION □SHORELINE IMPROVEMENT a.ORIPRAP b.OSANDBLANKET c,ORETAINING WALL □STORM SEWER OUTFALLS □ICE RIDGE REMOVAL □BRIDGE & CUL VERT CROSSINGS CZ} WETLAND ALTERATION 0 EXCAVATION (DREDGING) a.D WILDLlFE b.O NAVIGATION c.O BIOENGINEERING OTHER(DESCRIBE) ______________________________ _ 4a. APPLICANT'S REPRESENTATIVE: (Licensed Contractor, Engineer, etc ... ) Include name, address & phone number. 5f. Po..u I 5. PROJECT PURPOSE (why is this project needed -what benefits will it provide?) 6. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing water/wetland impacts. Attach additional sheets, if needed. 7. DATES: Proposed start of activity: Proposed completion: (Identify any completed work on attached drawing) 8. NAMES & DRESSES OF ADJOINING PROPERTY OWNERS (Attach list if more) e... f-f-.-e, {,,,, ~ . 9. PERMITS HA VE BEEN RECEIVED (R) OR APPLIED FOR (A) FROM: __ DNR __ ARMY CORPS OF ENGR __ COUNTY __ CITY __ MN POLLUTION CONTROL AGENCY I hereby notify the recipients of this form of the project proposed herein and request I be advised of any permits or other determinations concerning this project that I must obtain. I understand that proceeding with work before all required authorizations are obtained may be subject to Federal, State and/or local administrative, civil and/or criminal penalties. Si nature of Person Pro osing Project or Agent Date applb INSTRUCTIONS -PLEASE READ CAREFULLY A copy of this form, with copies of all plans, drawings, etc ... should be sent to each agency indicated below. Please check the appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records. _k_ The LOCAL GOVERNMENT AL UNIT (LOU) city, county o water management organization K The SOIL & WATER CONSERVATION DISTRICT XHENNEPIN SWCD __ CARVER SWCD Y° :MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MDNR) Regional Office ,k::_ US ARMY CORPS OF ENGINEERS (ACOE) at: Dept. of the Army, Corps of Engineers, St. Paul District -ATTN: CO-R, 190 Fifth St. East, St. Paul, MN 55101-1638 ~ The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality issues may apply to your proposed project. ATTENTION (From USDA): Any activity including drainage, dredging, filling, leveling or other manipulations, including maintenance, may affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with your local USDA office to request and complete Form AD-1026 prior to initiating activity. IMPORTANT: Some agencies, including the Corps of Engineers and the MDNR accept this form as a permit application form. If you wish this form to constitute an application to the Corps and/or MDNR for any necessary permits for your projects please carefully read the following information and sign where indicated. Application is hereby made for a permit to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete and accurate. I further certify that I possess the authority to undertake the proposed activity or I am acting as the duly authorized agent of the applicant. '3-'-\--·0+ Date Signature of Agent Date Note: The application must be signed by the person who desired to undertake the proposed activity (Applicant) or it may be signed by a duly authorize agent if the information requested below is provided. Agent's Name & Title: Jo"'/'\ SIV'-y'Yl.___ I lJt7\ fer e.-rav/Q )jlcc.t;,,, Ctsj- Agent's Address: i'??r-0/e--:51' b(~-,~~ )6) Jt . .Pc:i_,,u ( fA.-,NSrlrj Agent's Telephone: ({;'51) c; OLf -L.(7 OS" 18 U.S.C. Section 1001 provides that: Whoever. in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing document knowing same to contain any false, fictitious, or fraLtdulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. Minnesota Wetland Conservation Act Application for Certificate of No Loss or Exemption* Greg Gappa, City of Orono Name(s) of Applicant PO Box 66 Street Address ,Orono, MN 55323-0066 City, State, Zip Code APPLICANT AND PROJECT LOCATION INFORMATION LGU:Minnehaha Creek Watershed District Project Location: 1/4 __ 1/4 ___ Sfl_Tl l 7NR23W UTM Coordinates: X __ Y __ County Name/Number: Henneping Minor Watershed Name/Number: __ Size of entire wetland:0.12 acre acres Wetland type: Circular 39 _1 __ ; NWI_PE_M_A ___ _ (952)249-4600 Telephone (Day) ) (Evening) Check one: [8] < 50%, D 50% -80%, or D > 80% Check one: D Agricultural land (g!Non-ag. land PROPOSED PROJECT DESCRIPTION Describe the nature and purpose of the proposed project:Currently accesses to Big Island as well as internal roads are not contained within plated easements or city owned property. This project will provide a public road for foot traffic and vehicles (typically during ice conditions) to access this island and help eliminate crossing on private property. (attach additional pages if needed) Timetable: proiect will begin on 03/ /04 (mo/day/yr) and will be completed by 05/ /04 The wetland activity at the above site qualifies for the following under the Wetland Conservation Act (WCA) (check one): D No Loss Determination (attach plans) [gl Exemption# De minimis (per MN Rule Chapter 8420.0122) (Note: Applicant is responsible for submitting the proof necessary to show qualification for the exemption claimed.) Description of Exemption Claimed: Project impacts less then 400 square feet of wetland. APPLICANT SIGNATURE The information provided for this determination is truthful and accurate to the best of my knowledge. I ensure that, in draining, excavating, or filling the subject wetland under an exemption noted above; appropriate erosion control measures will be taken to prevent sedimentation of the water; the drain, excavation, or fill will not block fish passage; and the drain, excavation, or fill activity will be conducted in compliance with all other applicable federal, state, and local requirements; including best management practices and water resource protection requirements established under Minnesota Statutes, Chapter 103H. 9-;y-4j)~1M 3-4 .. 1·14- Page lof3 BWS R_F orm_ W CA_Ex.emption_2(App_for _ Certi f _No _Loss) (April 2003) Note: This approval is not effective until the signatures below are complete. No work should begin until the 30-day appeal window has lapsed, or, in the event of an appeal, until the appeal has been finalized. FOR LGU USE ONLY A.) LGU has received adequate documentation for claim of No-Loss or Exemption, and approves this certificate as outlined above. This certificate expires ________ (Date) (LGU Official Signature) (Date) ► If this certificate applies to 8420.0122, Subp. 1 or Subp. 2B, then Item B below shall be completed and signed by the LGU. ► If not, the LGU shall write "Not Applicable" in signature block below and the certificate is complete. B.) LGU has received evidence of recording of Declaration of Restrictions and Covenants for Impacted Wetland Under Agricultural Exernption (BWSR Form B): (County where recorded) (Date recorded) (Document# assigned by recorder) (LGUOfficial Si ature) (Date) *APPROVAL OF THIS CERTIFICATE ONLY APPLIES TO THE WCA. Permits from local, state, andfecleral agencies may be required. Check with the appropriate authorities before commencing work in or near wetlands. The Combined Project Application form can be used for this purpose. Notice of the above decision must be mailed to the following parties within 10 working days of the decision: 1. Landowner/ Applicant 2. Members of the Technical Evaluation Panel 3. Watershed District or Watershed Management Organization (If Applicable) 4. Department of Natural Resources Regional Office 5. DNR Wetlands Coordinator@ Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 6. Corps of Engineers Project Manager @ Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 7. Members of the public who have requested to receive notice. Page 3 of3 B WS R_Form_ WCA_Exernption_2(App_for_Certif_No_Loss) tApril 2003) PROJECT LOCATION CITY OF OROf\10 BIG ISL,~ND ACCESS FIGURE 1 --~ .• .::~.! .. ' ?_w goo w.N. E Scale in feet 7000 DOO f /1f Bonestroo .l::'.JI Rosene ~ Anderlik & 1 \J 1 Associates Engineers & Architects nc:TClRFR ·Jn,:."i 1008.67 320,76 B (3) I I I I I I I I I I I I I I J_§Q_ §g ___ 5Q __ 5p_ J!.O __ fi.o __ sp_ -~o_ I ,. o "' ., "' S; ~ ~ : 53 ~ 52 ~ 51 ~ 50 ~ 49 ~ 48 ~ 47 ~ 46 ~ (20) ------, (9) ·~ .:-_ ------- 50 50 50 50 50 50 50 50 ~ 0 i 330> ~ " ~ A (19) "' TOO/SI ',, 350 ----~~:-------------------- seo•w ·sso, ,,qr-___ _ Cc1,p b i s-lu M C f g 'o . '"' ,,, g 35 ,: 'o 204 (30) \"' 0 34 :~ "' 208 (20) 0 33 "' l 15 208 19) 0 32 \ :o 208 30 ,, ,'fi? 277 1 I (28) 24 ' /f'is ,, (1) ---■--- I Wetland Community and Hydrology Summary City Of Orono Minnehaha Creek Watershed District -------------- Wetla11d Size _ Wetla11d Type Plant Hydrologic Topographic D-~e;~;~~::~o+---~::'~~~~::::~--. 1-._(a:.::s) __ .. _co;:~~11. _ Cir~~~:r:9 __ " -----s~:::~:~~w De:~::~!nal ~:~:! D-117-23-22-012 I Lake Minnetonka I 0.21 I PEMB Type 2 Sedge Meadow Depressional I Isolated I D-117-23-22-014 I Lake Minnetonka I 0.6 I PEMB, PEMA Type 2, Type 1 Fresh (Wet) Meadow, Seasonally Depressional I Isolated Flooded Basin D-117-23-22-016 I Lake Minnetonka I 0.35 I PEMB I Type 2 Fresh (Wet) Meadow Depressional I Isolated D-117-23-22-017 I Lake Minnetonka 0.17 I PEMA I Type 1 Seasonally Flooded Basin Depressional I Isolated innetonka 0.54 I PFO1A, PEM8d I Type 1, Type 2 Floodplain Forest, Fresh (Wet) Depressional Isolated Meadow innetonka I 0.25 I PEMB I Type L i-resn \vve1J Meaaow ;::,Iope IsoIa1ec D-117-23-23-010I LakeMinnetonka 0.31 I PSS1B \ Type6 ShrubCarr Depressional I Isolated D-118-23-25-003 I Long Lake Creek I 0.17 I PUBF, ff01A I Type 4, Type 1 Deep Marsh, Floodplain Forest ---Depressional ·r ... isolated ------ D-118-23-25-006 : Long Lake Creek 1.21 PEMC Type 3 Shallow Marsh Depressional Isolated i II D-118-23-25-042I Long Lake Creek 1.3 I PEMB, PF01A, j Type 2, Type 1, Fresh (Wet) Meadow, Floodplain I Depressional Isolated . PUBGx Type 5 Forest, Shallow, Open Water -~----·------Communities D-118-23-25-043 I Long Lake Creek -· ·1 --0.5 --l -PEMA ---r-Type 1---Seasonally Flooded Basin----r--. Depres-sional Isolated D-118-23-25-044 I Long Lake Creek -.. --0.26 --· --PEMA I -Type 1· Seasonally Flooded Basin 1 Depressional lsoiated '<:."',~l.it'","°'~-,.·:v;•,; ,;~11<-.r~1,.•r; ',, "'.J;pi-: ..... f~,,:,,::(<•.~ ~ <\ • . v,·.·· Thursday, Ja11uary 23, 2003 Page 17 of 40 ' RUN DATE: 2/19/2004 38 2211723140001 PROP ADDR 740 BIG ISLAND OWNER NAME HENN CO PARK RESERVE DIST TAXPAYER NAME/ADDR SUBURBAN HENN REG PK DIST 12615 CTY RD 9 PLYMOUTH MN 55441 38 23 l l 723230019 PROP ADDR 160 BIG ISLAND OWNER NAME DUANE BEHNING TAXPAYER NAME/ADDR DUANE BEHNING 9117 NORMAN RIDGE CIR BLOOMINGTON MN 55437 38 23 ll 723230029 PROP ADDR 170 BIG ISLAND OWNER NAME JOSEPH M & MARIE J BACKES TAXPAYER JOSEPH M & MARIE J BACKES NAME/ ADDR 170 BIG ISLAND BOX 183 EXCELSIOR MN 55331 t' t: ,,,-,;:·,:;:!.-::·•-. ! HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 23 l l 723220002 PROP ADDR 130 BIG ISLAND OWNER NAME I MARGARET SCHEFTEL TAXPAYER I MARGARET SCHEFTEL NAME/ADDR BOX 176 EXCELSIOR MN 55331 38 23 l l 723230020 PROP ADDR 160 BIG ISLAND OWNER NAME DUANE BEHNING TAXPAYER DUANE BEHNING NAME/ADDR 9117 NORMAN RIDGE CIR BLOOMINGTON MN 55437 38 23 l l 723230030 PROP ADDR 150 BIG ISLAND OWNER NAME G L & W F LILJEMARK TRUSTEES TAXPAYER NAME/ADDR WILLIAM & GA YL YNN LILJEMARK 18140 27TH AVE N WAYZATA MN 55447 38 23 I 1723220018 PROP ADDR 120 BIG ISLAND OWNER NAME J D URAN & J D URAN TAXPAYER JOHN DURAN NAME/ ADDR I 9 CENTER ST EXCELSIORMN 55331 38 23 I 1723230028 PROP ADDR 220 BIG ISLAND OWNER NAME D L LOVELACE/S A LOVELACE TAXPAYER DAVID & SANDRA LOVELACE NAME/ADDR 15331 EXCELSIOR BLVD MINNETONKA MN 55345 38 23 l 1723230031 PROP ADDR 140 BIG ISLAND OWNER NAME JOHN & CHERYLL SURAN TAXPAYER JOHN D&CHERYLSCOTTURAN NAME/ADDR 19 CENTER ST EXCELSIORMN 55331 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUEREPRESENTATIONOF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BFST DATE.?--,,,. vi BY ~ OFMYKNOWLEDGEANDBELIEF. "? /4 /II/ ~~ -,4"""""--'---"J',-~---"~"" PAGE: I ZONING REGULATIONS § 78-1286 (4) Stairways, lifts and landings may be ei- ther constructed above the ground on posts or pilings or placed into the ground, pro- vided they are designed and built in a manner that ensures control of soil ero- sion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the sur- face of the public water, assuming sum- mer, leaf-on conditions, whenever practi- cal. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimen- sional and performance standards of sub- sections (1)-(5) of this section are com- pleted in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and land- ings regardless of whether such improve- ments are constructed above, at or below grade. (Ord. No. 101 2nd series, § 1(10.56(16)(F)), 2-24- 1992) Sec. 78-1283. Steep slopes. Any applicant requesting a permit for construc- tion of sewage treatment systems, roads, drive- ways, structures or other improvements on steep slopes shall provide adequate information to al- low the city to evaluate possible soil erosion impacts and development of visibility from public waters before such permit may be issued. When determined necessary, conditions shall be at- tached to issued permits to prevent erosion and preserve existing vegetation screening of struc- tures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. (Ord. No. 101 2nd series, § 1(10.56(16)(G)), 2-24- 1992) Sec. 78-1284. Height of structures. No structure within the Shoreland Overlay District shall exceed the height limitations set forth in the standards for the underlying zoning district. (Ord. No. 101 2nd series, § 1(10.56(16l(Hl), 2-24- 1992) Sec. 78-1285. Vegetation alterations. (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of six inches or more (or 19 inches in circumference or greater) measured three feet above the ground may be removed without first obtaining a permit from the city staff, provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. Appeals of staff determinations as to type, size and quality of the trees to be replaced will be to the council. Removal of trees that are dead shall not require a permit, but such trees must be inspected by city staff prior to their removal. (b) Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than six inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structure&, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (Ord. No. 101 2nd series, § 1(10.56(16)(1)), 2-24- 1992; Ord. No. 127 2nd series,§ 7, 7-11-1994) ~;; Top-~hic :;;::;~:;;::~·f ing and filling. ! i (a) Grading and filling and excavations neces- sary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do Supp. No. 1 CD78:191 § 78-1286 ORONO CITY CODE not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of struc- tures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. (c) Public and private roads, driveways, park- ing areas, and public or private watercraft access ramps shall not be constructed with.in 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screen- ing from view from public waters. (2) All roads and parking areas shall be de- signed and constructed to minimize and control erosion to public waters consistent with the requirements ofall agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: (1) For movement of one through 500 cubic yards of material anywhere within the Shoreland Overlay District, a staff-issued land alteration permit shall be required. (2) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. (e) The following considerations and condi- tions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivi- sion approvals: (1) Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following func- tional qualities of the wetland: a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; c. Fish and wildlife habitat; d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities, such as historic signifi- cance, critical habitat for endan- gered plants and animals, or others. This evaluation must also include a deter- mination of whether the wetland alter- ation being proposed requires permits, reviews or approvals by other local state or federal agencies including but not lim- ited to watershed districts, state depart- ment of natural resources, or the United States Army Corps of Engineers. (2) Alterations must be designed and con- ducted in a manner that ensures only the smallest amount of bare ground is ex- posed for the shortest time possible. (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as pos- sible. (4) Methods to minimize soil erosion and to trap sediments before they reach any sur- face water feature must be used. (5) Altered areas must be stabilized to accept- able erosion control standards consistent with the field office technical guides of the Supp. No. 1 CD78:192 * ZONING REGULATIONS § 78-1288 local soil and water conservation districts and the United States Soil Conservation Service. (6) Fill or excavated material must not be placed in a manner that creates an unsta- ble slope. (7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. (8) Fill or excavated material must not be placed in bluff impact zones. (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the department of natural resources under Minn. Stat. § 103G.245. (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property. (11) Placement of natural rock riprap, includ- ing associated grading of the shoreline and placement of a filter blanket, is per- mitted if the finished slope does not ex- ceed three feet horizontal to one foot ver- tical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section • 78-969. (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinary high water level are subject to approval of the department of natural resources and other agencies with concur- rent jurisdiction. (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24- 1992; Ord. No. 127 2nd series,§ 8, 7-11-1994; Ord. No. 163 2nd series,§ 3, 12-8-1997; Ord. No. 171 2nd series, § 2, 4-4-1998) Sec. 78-1287. Stormwater management. The following general and specific standards shall apply in addition to those standards found in article VIII of this chapter and section 82-222: (1) When possible, existing natunl drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water runoff before discharge to public waters. (2) A development must be planned and con- ducted in a manner that will minimize the extent of disturbed areas, runoff velocities and erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. (3) When development density, topographic features, and soil and vegetation condi- tions are not sufficient to adequately han- dle stormwater runoff using natural fea- tures and vegetation, various types of constructed facilities, such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Pref- erence must be given to designs using surface drainage, vegetation, and infiltra- tion rather than buried pipes and manmade materials and facilities. (4) When constructed facilities are used to perform water management, documenta- tion must be provided by a registered professional civil engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district . (5) New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skim- ming of surface debris before discharge. (Ord. No. 101 2nd series, § 1(10.56(16)(K)), 2-24- 1992) Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. Supp. No. 1 CD78:193 5. WETLANDS MANAGEMENT -~ 5.1 GENERAL As described in Section 3, the formation of the landscape in Orono has resulted in the creation of many wetlands. The City recognizes a variety of functions and values provided by [ts wetlands, including: ❖ Acting as part of the natural surface water management system • maintenance of water quality • flood attenuation • erosion and sedimentation reduction ❖ Providing habitat for a variety wildlife ❖ Preserving open spaces and natural landscapes ❖ Contributing to an enhanced overall quality of life Orono's leaders formally recognized these values in the 1960 1s and adopted the City's first comprehensive wetland protection ordinance in 1970. Based on various water quality /quantity studies that supported the 197 4 SWMP, Orono adopted additional ordinances in 1975, which prohibited filling or draining wetlands, and required a 26-foot setback from a wetland boundary to any construction or grading activtty. This section of the SWMP describes the City's multi-faceted resource management approach to maintaining or improving the City's wetland resources. Stemming from the goals and policies of both MCWD and Orono, the following process serves as the backbone of Orono's wetland management plan: ❖ Discussion of impacts to wetland resources (Section 5.2) ❖ Inventory wetlands likely to be affected by runoff (Section 5.3) ❖ Assessment of wetland functions and values (Section 5.3) ❖ Determination of a runoff susceptibility rating (Section 5.3) ❖ Develop protection strategies to minimize impact (Section 5.4) • classify wetlands by required level of protection • volume and rate control (quantity) to manage bounce • phosphorous limits to maintain or improve water-quality • buffer strip standards for quantity and quality ❖ Plan for enhancement or restoration of wetlands (Section 5.S) • identify candidate wetlands • .create an improvement plan for each City of Orono C:11~ro JA/-=t,/-,.., M-.--.-----"" n, __ 5-1 t 5.2 IMPACTS TO WETLANDS With the passage of wetland protection legislation, and construction of ponds for runoff management, the rate of degradation from urban development has been greatly slowed. However, with intensive land development, agricultural production, and housekeeping practices in developed areas, degradation of wetlands continues. The focus of recent wetland legislation, policy, and practice has been to preserve the functions, values, and overall quality of wetlands by minimizing poor water quality and unmanaged quantities of runoff associated with agro- urban impacts. 5.2.1 Water Quality Impacts Water quality plays a significant role in the overall quality of a wetland. When the quality of incoming water declines, the plant community may degrade to fewer of species and retain only species tolera_nt of high nutrient and sediment loads. A degraded plant community results a less valuable ecosystem in terms of biodiversity, habitat, and aesthetics. There are two primary factors that affect the quality of runoff entering a weiiand, and therefore to overall water quality within the wetland: l . phosphorous, as the primary nutrient of concern 2. sedimentation, resulting from erosion of soil. 5 .2.2 Water Quantity Impacts Recent surface water management plans have protected wetlands from nutrients but not from fluctuation of water elevation (bounce) or duration of inundation. In fact, it was common to use wetlands to reduce flooding potential by sizing pipes to maximize bounce and duration. The findings of the (State of Minnesota) Storm Water Advisory Group were published in a document called Guidance For Evaluating Urban Storm Water and Snowmelt Runoff Impacts To Wetlands (1994). The findings indicated that there is a broad range of tolerance to bounce and duration among different wetland types. And to a lesser extent, the range of tolerance can be attributed to the charactecistics and quality of a given wei1and. Some wetlands (e.g., bogs and fens) are sensitive to any disturbance and will show signs of degradation with even low-level inputs of runoff. Conversely, some wetlands (e.g., floodplain forests) are better adapted to handle fluctuating water levels oft~n associated with runoff. City of Orono 5-2 t:::,,~,,..1!3 JA/-.1-,.., .. u~-------• '""'-- ·•~ 5.3 INVENTORY A1'ID AsSESSMENT OF WETLANDS S .3. l Wetland Inventory As stated earlier, the City's objective is to protect, enhance, and/or restore wetlands that may be directly affected by runoff as development and redevelopment occurs. Therefore, only those wetlands located within 20 feet of a proposed or existing stormwater outlet pipe were inventoried and mapped as part of the SWMP. This inventory also served as the base of information for development of other parts of the wetland management plan. The wetlands inventoried for this SWMP are listed in Appendix I and are shown on the SWMP System Map. S .3 .2 Stormwater Susceptibility Assessment The Guidance For Evaluating Urban Storm Water and Snowmelt Runoff Impacts To Wetlands was the source material for rating a wetland's susceptibility to runoff. Potential impacts associated with storm and meltwater runoff include fluctuation in water levels (bounce) within the wetland, the duration of inundation at the varying bounce elevations, and the quality of the water being directed to the wetland. A given wetland's susceptibility to runoff is dependent on the wetland type, and the characteristics and quality of its plant community. As an example, a sedge meadow, which likes a particular hydrologic regime is much more susceptible than a floodplain forest, which depends on fluctuating levels of water associated with seasonal flooding. Also, a wet meadow with a variety of grasses and flowers is more sensitive than one dominated by reed canary grass. The runoff susceptibility rating for each of the evaluated wetlands is indicated by color-coding on the system map. The ratings described in the guidance document are ❖ Highly Susceptible ❖ Moderately Susceptible ❖ Slightly Susceptible ❖ Least Susceptible. ·'·· Further discussion on susceptibility and associated wetland community descriptions, modified from the Guidance For Evaluating Urban Storm Water and Snowmelt Runoff Impacts To Wetlands, is presented in Appendix H. Each susceptibility rating cate·gory describes different wetland types, including plant communities and hydrology. City of Orono c::,,,.,:..,,,,,.,,. IAI-"'--• .., _________ L ,.., 5-3 5 .3 .3 Functional· Assessment ; i i I j I I Orono's 1980 Community Management Plan articulated the general basis for wetland protection, but lacked a functional assessment of the values attributable to each of its protected wetlands. Such an assessment was needed to be able to develop protection or enhancement strategies for individual wetlands. The New Hampshire Method, slightly modified for conditions in Orono, was used for the functional assessment of wetlands. The Minnesota Routine Assessment Method (MnRAM) was also modified, and used in conjunction with the New Hampshire Method. The intent of combining these methods was to allow for city staff to assist in future assessments of wetlands. · The New Hampshire Method is designed to be "user friendly" and is specifically set up so that non-scientists can fill out the method. MnRAM is a technical method that needs to be filled out by a wetland scientist. It was necessary to include MnRAM because the New Hampshire Method does not adequately address floral diversity, (an important factor with regard to runoff protection and buffer strips). The New Hampshire Method allows for a comparison between wetlands within a project boundary. It is one of the few methods that gives an actual number ranking. This allows for comparison of funciional values. The method addresses up to 14 functional values of wetlands, which are listed in Table 5.1 . Table 5.1 Functional Values Under the New Hampshire Method Ecological integrity Water-based recreation ! Shoreline anchoring Wildlife habitat Flood control potential Urban quality of life Fish habitat Groundwater use potential Urban quality of life Educational potential Sediment trapping Noteworthiness Visual/aesthetic quality I Nutrient attenuation Of these 14 functional values, the City chose the following three for assessment of the wetlands identified for the SWMP: ❖ Ecological Integrity determines the degree of human influence. ❖ Wildlife Habitat assesses the overall suitability of a wetland for wildlife typically associated with wetlands. ❖ Visual/Aesthetic Qua/ityranks the wetland's scenic beauty. Functional value indices for each wetland are presented in Appendix I, including the MnRAM rating of a wetiand's floral diversity/integrity. City of Orono 5-4 MCWD Assessment As of the approval date of this SWMP, Minnehaha Creek Watershed District was in the process of completing a function and value assessment of wetlands in the District. It is anticipated that that project will be completed and a final report will be published in the near future. The City of Orono will refer to MCWD' s data for the following considerations: 1 . Source of data for wetlands not inventoried for Orono SWMP 2. Cross-reference with Orono SWMP data 3. Gain perspective on the wetland management strategies set forth in the Orono SvVMP S.3.4 Non-Inventoried Wetlands Understanding the value of on inventory and evaluation of all wetland resources, the City will take the following general approach to achieving a complete data set for remaining wetlands: ❖ Inventory and assess wetlands as cost-sharing opportunities become avai I able ❖ Incorporate data from similar projects by other agencies, notably the MCWD wetland assessment project ❖ Require data from any land disturbing activity near a wetland The last of these will happen when there is development of land near any wetlands that have not been accounted for in a previous effort. VVhen a preliminary plat is received by the City, proximity to wetlands will be · among the review items. If a nearby wetland has not been accounted for, the developer of the land will be required to have a runoff susceptibility evaluation completed and submitted to the City. The developer may request that the evaluation be done by the City, in which case a fee will be assessed. By requiring this, the plat approval process will take into account the quality and sensitivity of a given wetland, as well as odd that wetland to the City's database. ~ 5. 4 WETLAND PROTECTION The goal of this management strategy is to maintain or enhance the ecological integrity of wetlands in the City during site development. Given the variability of the type and quality of the wetland communities, a two- step wetland protection process has been developed. Wetlands subject to runoff must initially be classified as to the level of protection required. From there, an appropriate protection strategy can be planned for each wetland. City of Orono 5-5 ,-, • .....t!---•• ,_L -•11 I I Information needed to form a wetland strategy for each wetland will be derived from one or all of these sources: 1. Wetland inventory and assessment completed as part of this SWMP 2. Wetland inventory and assessment completed by MCWD 3. Non-inventoried wetland procedures detailed in Section 5.3.4 5 .4.1 Protection Classification Orono's wetland protection classifications are based on a wetland's susceptibility to impact from runoff (see Section 5.3.2). Because the runoff susceptibility rating can be used as an indicator for the overall quality of most wetland types, it can also serve as the basis for determining the level of protection to be afforded to a given wetland. In some cases, wetlands with a "utilize" classification can actually be enhanced when used for runoff management, by raising water levels or by excavating. In other situations, restoration of Protect II or Protect Ill wetlands may provide treatment for downstream waterbodies and improve the habitat and aesthetics of the subject wetland. Table 5.2 Wetland Protection Classifications Protection Susceptibility Classification Rating Protect I Highly Susceptible Protect II Moderately Susceptible i ! Protect III Slightly Susceptible Utilize Least Susceptible . 5 .4.2 Protection Strategies I Description Highly susceptible to both quantity and quality impacts from runoff; have the highest degree of protection. Moderately susceptible to quantity and quality impacts; protection is less stringent than Protect I, provides protection to maintain their characteristics Less stringent protection than Protect II wetlands; maintenance of characteristics is desirable Wetlands are significantly degraded (e.g., cultivated or canary grass monotype) or lack wetland characteristics; not typically impacted by runoff; no quantity and only limited quality treatment of runoff is required Existing federal and state regulations address potential impact to the "areal" extent of wetlands from placement of fill material. In concert with MCWD, the City also intends to protect the overall ecological integrity of its wetland communities. The protection strategies in Table 5.3 w.ere developed to address potential impact to the type, character, and quality of a wetland community, from runoff. The Proteciion Strategy for each wetland is based on its Protection Classification. City of Orono 5-6 i ! I Considering that runoff reaches a wetland both from a storm sewer and from adjacent uplands, the following three issues will be managed to minimize impact from runoff: ❖ Bounce -deals with the volume of stormwater input, in terms of the change in water levels and the duration of that change. Ponds will be designed to manage bounce associated with runoff from storm sewers. Based a runoff event with a 100-year recurrence inteNal. ❖ Phosphorous (P) -addresses the amount of phosphorous being delivered to a given wetland via runoff from storm sewers. ❖ Buffer -addresses both the quality and quantity /rate of runoff entering a wetland as surface flow from adjacent uplands. Table 5.3 Wetland Protection Strategies Protection Protection Strategy Classification Bounce: Maintain bounce at or below existing conditions Protect I P1 : Limit loadings to predevelopment loading (0.14 Lbs/Ac/Yr) Buffer: 50 feet wide Bounce: Maintain bounce at or below existing conditions plus 0.5 foot Protect II P: Limit loadings to predevefopment loadings times 2 (0.28 Lbs/Ac/Yr) Buffer: 35 feet wide Bounce: Maintain bounce at or below existing conditions plus 1.0 foot Protect III P: Limit concentration to predevelopment concentrations (200 ppb) Buffer. 25 feet wide Bounce: No quantity requirement Utilize P: Limit concentration to 225 ppb Buffer: 15 feet wide 1 P = phosphorous I I The City of Orono has taken a somewhat different approach to the sizing and location requirements for wetland buffers, for a couple of reasons: 1. It is generally known that, assuming all things equal, a larger waterbody has a greater assimilaiive capacity than a small wetlar:id i.e. some given amount of phosphorous can be more easily ''absorbed" by a 14 acre marsh than by a 0.8 acre fen. 2. A given wetland's runoff susceptibility rating.is a good indicator of it's overall quality in terms of its functions and values. Sensitive communities with a diverse assemblage of plants, provide scarce . and/or high quality habitat (remember, Protection Classifications are tied to runoff susceptibility). City of Orono 5-7 C::11,-f;;,r&:1 W.:tl-e~ M-,r'll'""l,.._,_,..._J. ,.,,...,_ Buffers It should be noted at the outset of any discussion on buffers, that this requirement is not the same as a "setback" requirement. lri fact, the beginning point for a setback requirement may actually be the buffer's "up-gradient" edge. The City will adopt the buffer strip widths indicated in Table 5.3, along with other buffer guidelines discussed below, with approval of this SWMP. During implementation of this SWMP, the City will include these requirements and guidelines in an appropriate ordinance, A buffer (or buffer strip) is on area of undisfurbedvegetation surrounding a wetland. It con consist of trees, grasses, shrubs, flowers, or any combination, as long as it is the vegetation (or enhancement of) that is in place and well established before any grading activities begin. An undisturbed buffer can reduce impact to a wetland by: ❖ Keeping soil stabilized to minimize erosion ❖ Filtering nutrients and sediments from overland runoff ❖ Slowing and/or retaining overland runoff ❖ Providing habitat adjacent to wetlands During construction, a buffer is an area in which there will be no vehicle or equipment traffic, stockpiling of soil, or staging of any type of construction material. After construction, these guidelines should be followed: ❖ No mowing, fertilizing, or other maintenance • management of native or natural vegetation is OK ❖ No placement of lawn clippings, leaves, etc • limited brushpiles may be OK, check with City* ❖ No sheds or recreational features ❖ No trampling or paths, except as allowed, check with City • paths should be parallel to the wetland edge • access to wetland should be meandered *brushpiles may seNe as habitat for wildlife if done properly ~ 5.5 WETLAND RESTORATION/ENHANCEMENTS Four wetland complexes have been identified as high priority restoration/ enhancement sites. Additional wetlands will likely be identified during the implementation period for this SWMP. Funding sources for the wetland restoration/enhancement sites can come from a variety of sources, discussed further in Section 7.7.4. City of Orono 5-8 A summary of each of the wetland restoration/enhancement sites follow: Enough information was collected to begin the process of applying for grants. The cost shown in the tables below ore approximate and may be modified if additional information becomes available, or for cost increases. 5.5.l Wetland PC-L-31 Approximate Site Size: 10 acres Township 11 SN Range 23 W Section~ Watershed Name: Mississippi River (Metro) 'vVatershed #: 20 City Watershed Nome: Pointer Creek General Description of Site This wetland is located in the upstream portion of the Painter Creek watershed. A tributary of Pointer Creek bisects the wetland. McCulley Road is located at the south end of the wetland. Approximately 85 percent of the wetland is a wet meadow and 15 percent is a lowland hdrdwood swamp. The wet meadow is dominated by reed canary grass with patches of willow located in the middle. The lowland hardwood swamp is dominated by willow and cottonwood. The Painter Creek trlbutory hos been ditched through the wetland. A lateral ditch connects with the Pointer Creek tributary. These ditches have partially drained the wetland and contributed to the degraded condition of the basin. Restoration Objectives and Proposed Construction This site is high profile due to its location adjacent to the Luce Line Trail and within land publicly owned by the City. The goals for wetland restoration will include the following: • Control runoff rotes to Painter Creek 1 Restore native diversity of wetland vegetation, including wet meadow and emergent marsh plant communities • Enhance the wildlife and aesthetic viewing of the wetland for the public using the Luce Line Trail a Enhance the Painter Creek wildlife corridor Steps in the proposed wetland restoration include the following: 1. Construct a series of low berms across the ditch to eliminate the scope and effect of the ditch. OfyofOrono 5-9 2. Complete two controlled burns of the site to aid in controlling reed canary grass. Provide a spot treatment of herbicide to further control reed canary grass. 3. Plant a diverse mix of wet meadow grasses and forbs. Table 5.4 Project Cost for Wetland PC-L-31 Tasks Description Approximate i Cost Surveys j Field and topographic survey of site $ 3,000 Design ' Complete site design including draft plan and final $ 8,000 construction documents Meetings : Meetings with City staff and surrounding landowners $ 1,300 Permits i Obtain necessary permits $ 2,000 I Complete two prescribed burns and spot herbicide treatment to control exotics $ 3,000 Restoration Seed with wet meadow mix $15,000 . Construction of low berms across ditch $30,000 Approximate Project Cost $ 62,300 5. 5. 2 Wetland PC-M-31 Approximate Site Size: 13.5 acres Township 118N Range 23 W Section 31 vVatershed Name: Mississippi River (Metro) Watershed#: 20 City Watershed Name: Painter Creek General Description of Site This wetland is located in the upstream portion of the Painter Creek Watershed. A tributary of Painter Creek bisects the wetland. McCulley Road is located at the north end of the wetland. The wetland contains the following communities and species: • 40 % shallow marsh -cattail, lake sedge, water plantain • 40 % wet meadow -reed canary grass, stinging nettle, giant goldenrod, and sedges • 20 % shrub swamp -willow The Painter Creek tributary has been ditched through the wet)and. A lateral ditch connects with the Painter Creek tributary along the trail. These ditches have partially drained the wetland and contributed to the degraded condition of the basin. City of Orono 5-10 Restoration Objectives and Construction Proposed This site is high profile due to its location adjacent to the Luce Line Trail and within land publicly owned by the City. The goals for wetland restoration will include the following: ll Control runoff rates to Painter Creek 1 Restore native diversity of wetland vegetation, including wet meadow and emergent marsh plant communities • Enhance the wildlife and aesthetic viewing of the wetland for the public using the Luce Line Trail 1 Enhance the Painter Creek wildlife corridor Steps in the proposed wetland restoration include the following: l . Complete two controlled burns of the wetland site to aid in controlling the reed canary grass and cattail. Provide a spot treatment of herbicide to further control reed canary grass. 2. Plant a diverse mix of wet meadow grasses and forbs in the wet meadow. 3. Construct a control structure at the outlet of the wetland. Table 5.5 Project Cost For PC-M-31 Tasks Surveys Design Meetings . Permits Restoration l I l I ! Description ! Field and topographic survey of site : Complete site design including dra~ plan and final ' construction documents • Meetings with City staff and surrounding • landowners . Obtain necessary permits : Complete 2 prescribed burns and spot herbicide ! treatment to control exotics ! Seed with wet meadow mix ! Construction of control structure Approximate Project Cost 5.5.3 Wetland LL-G-26 Approximate Site Size: 14.5 acres Township 118N Range 23 W Section ---2.Q Approximate Cost $ 2,000 '. $ 4,000 : s 1,300 $ 2,000 $ 3,000 $ 7,500 $ 15,000 $34,800 Watershed Name: Mississippi River (Metro) Watershed#: 20 City Watershed Nome: Long Lake (DNR 834W) City of Orono r .. -&---,~.1-.1..--• ., ____ --- 5-11 General Description of Site This wetland is located in the Long Lake watershed just upstream of Long Lake. This location provides an excellent opportunity for water quality treatment. It has a ditch that is approximately 1 O feet wide through its center. Water flows through the ditch rather than across the entire wetland, creating a condition in which the wetland serves a limited nutrient function. This wetland is not under City ownership. The topographic relief of the wetland would confine the limits of the project to the wetland. The wetland is a shallow marsh/wet meadow dominated by reed canary grass and cattail. Restoration Objectives and Construction Proposed • Restore hydrology to the wetland basin with a control structure at the outlet (may require a berm upstream, dependent on driveway elev.). • Provide water quality treatment for Long Lake. • Enhance the wildlife and aesthetic functional values of the wetland. § Restore the plant communiiy along the fringes of the wetland. Table 5.6 Project Cost for Wetland LL-G-26 Components I Surveys I I ; Design I ' I : Permits Meetings Land and Legal Restoration City of Orono ,-•• ~--111-L-Al Description Field and topographic survey of site Complete site design including draft plan and ! final construction documents i Obtain necessary permits i Meetings with City staff and surrounding i landowners Purchase of easements around wetland or access to control structure Complete 2 prescribed burns and spot herbicide treatment to control exotics Seed and/or plant fringe areas Construction of control structure Approximate Project Cost Approximate Cost $ 2,000 i i 5 5,000 S 2,000 $ 1,300 ; $ 9,300 $ 3,000 $ 7,500 $ 20,000 $50,100 5-12 Steps in the proposed wetland restoration include the following: 1 , Construct a control structure at the outlet. 2. Complete two controlled burns of the wetland site to aid i~ controlling the reed canary grass and cattail and increase the nutrient uptake of the wetland with new growth of vegetation. Provide a spot treatment of herbicide to further control reed canary grass. 3. Seed and/or emerging plants along the fringe. 5.5.4 Wetland SB-E-31 Approximate Wetland Size: 65 acres (Restoration Site -35 acres) Township 118N & 117N Range 23 W Section 31 & 3 Watershed Name: Mississippi River (Metro) Watershed#: 20 City Watershed Name: Stubbs Bay (DNR 140P) General Description of Site This wetland is located in the lower portion of the Stubbs Bay watershed just upstream of Stubbs Bay and south of the Luce Line Trail. This location provides an excellent opportunity for water quality treatment and enhanced aesthetics and wildlife habitat for users of the Luce Line Trail. It currently has a main ditch with two laterals that have partially drained the wet meadow portion'of the wetland. Water flows through the ditch rather than across the entire wetland, creating a condition in which the wetland serves a limited nutrient removal function. The portion of the wetland that should be considered for restoration is a 35-acre wet meadow community that is predominantly reed canary grass. There are currently isolated portions of higher quality sedge_ meadow that co_ntain lakebank sedge, blue joint grass, joe pyeweed, and boneset. A tamarack swamp is located in the northwest portion of the wetland at a higher elevation (approximately 833 -836) than the wet meadow (833). Raising water levels to restore the wet meadow would need to be limited to the 833 elevation to protect the tamarack swamp from inundation. Permanent inundation in tamarack swamps can cause mortality. The wetland area is not under public ownership and one driveway crosses the wetland to gain access to a house that is located between the Luce Line Trail and the wetland. City of Orono S-13 r'" •• --f!---1111-L-._ *"---. - Restoration Objectives and Construction Proposed .. Provide water quality treatment for Stubbs Bay • Enhance wildlife and aesthetic functional values " Restore the wetland plant community within the reed canary grass portion of wetland • Restore hydrology to the wetland basin with a series of ditch blocks and a berm with a control structure. Steps in the proposed wetland restoration include the following: 1. Construct a berm and outlet control structure. 2. Complete two controlled burns of the wetland site to aid in controlling the reed canary grass and increase the nutrient uptake of the wetland with new growth of vegetation. Provide a spot treatment of herbicide to further control reed canary grass. 3. Seed selected portions of the wetland with wetland grass and forbs. Table 5.7 Project Cost for Wetland SB-E-31 ' Approximate Components ' Description I I Cost i Surveys Field and topographic survey of site $ 3,000 Design Complete site design including draft plan and final $ 9,000 : construction documents Permits '. Obtain necessary permits $ 2,500 Meetings · Meetings with City staff and surrounding landowners / $ 1,300 i • Purchase of easements around wetland or access to / I I Land and Legal : control structure. Easements should already exist I $ 1,500 . along public road for access to control structure. i ! I Complete 2 prescribed burns and spot herbicide $ 5,000 treatment to control exotics Restoration Seed and/or plant fringe areas $ 7,500 Construction berm, ditch blocks and control structure $35,000 Approximate Project Cost $64,800 City of Orono ,-. .. --L!---1.1-'-L-~ .... _, __ 5-14 .k_ RECEIVED MAR 3 2004 ClTY OF ORONO . .. .. ... -. ··-· .r-:---::-:-:--'---:..-.,....·..:..:··:..:..·.;_, • < ' · · · EXcE4i~ •.. { .· .. ·. · ·. · .. · · · Receive[) ·. . . :: MA~ . ~ .2004 .... · ·: ·_ >. c1ry:1;,n=oi:io ··•· ··. •. .. ·... . .. •· .. ··. N.o .·· . . . . · ·.2003 . .· . · . . SESQUICENTENNIAL . · , · ..•.• · ·• . • •.. . .... CELEBRATE ISOYEARS OF HISTOR;! 3 h,/6 '.f "" /b·. ;_,: #*;, ~ l/}.6 ~ ... · ,.fM·.[·.··t~Re~titf ;;$;~at$rJk~~ . }Y)~1~ AP i :r sy/"'*) ~ vtrf~e+ ··•· •·:;.· !;:;~/ d:irJ:. 0~~~·,Pt:·••··•·•·· ... 1 & . ·. r . ,;..vr-L,t.,4 . -f'f~I<: 0:~, ~ -J ... ·. . r: ... · .. •t1.·.·r,/· . at .. v. '8,7 T.,;],_;) <L!R,4,,.)-up. •··•<•i·f T'o.ji~~-/~· ·.•·. ~/'~···1.~.•· .·. •. .· .. i. lJ,;)4)··•··. <~ • ': .-l . . ·. . . . . . · ... · ·_.-·,-~ ..... · ·:< ' · .•... · ijATIJRD~Y, Aumist 16, . ()3 •• sll!IDAY, Auatlsr l7; 2()0:r • . ' ' . . 'O~D,FASHI0~ED FON FOR-EVERYONE . ·. . :: . . . . . . . .. . . '" : Compl(ni~r;itiqt= To~~~ Printing, cdwPa~y ;•_: '. Monday March 8, 2004 To: City of Orono Planning Commission Members 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN. 55323 From: Robert Floyd 960 West Ferndale Road Wayzata, MN. 55391 Dear Planning Commission Members, I am writing as an Orono resident and lakeshore owner to ask that some very specific questions please be answered and addressed on the official record of your Planning Commission meeting for variance request and conditional use permit# 04-2997 being requested by the City of Orono for property located on Big Island. I am sure that all lakeshore owners will want to know many of the following questions in order to evaluate what is and is not reasonable and allowable in fill situations near the lake and wetlands. This is an ideal opportunity to provide many answers since all of these are issues that must be considered for this application. Exactly what, in detail, is the hardship or hardships being claimed by the City of Orono for these requests and work? Also, exactly what criteria and reasoning is being used by the Planning Commission and City Council to decide if the hardship is valid and sufficient for such a request, whether this work is necessary, is the optimal solution and preferable to all other alternate solutions, and whether these requests will be granted? I visited the City offices and discussed #04-2997 with Mr. Gaffron in detail. He was very helpful, but cannot answer all of these questions as these decisions are yours and not his. I have been told that there are alternate existing public access sites in a number of other locations on Big Island and that many properties also have direct access from Lake Minnetonka itself. A number of properties have steep F. I hills and various other topography which limits vehicular access to some lots. Also it was explained that the various paths between the other existing available alternate public access sites on the Island and this eastern portion are difficult because of low lying land, steep hills, and marshes. Is the desire to access all portions of property, especially with vehicles, and difficulty in using currently existing access options and paths a sufficient hardship to justify this work and the granting of these requests? Exactly who is using or reasonably going to be using this improved access and for what purposes to justify this requested work and variance and conditional use permit? How is the Planning Commission defining what is and is not adequate access in this situation? For this particular portion of Big Island? How many access sites are needed to service Big Island and what is the criteria and reasoning being used to determine these questions? Exactly what criteria is being used to determine if the existing interior paths from the alternate access sites to this area are sufficient or not? Normally the City and City staff are extremely stringent in forbidding any such work within 75 feet of Lake Minnetonka and/or within any protected wetland. How is this work different from similar work frequently desired and proposed by private lakeshore and wetland property owners? Exactly what mitigation is being proposed and/or required regarding this work? What criteria is being used to evaluate this mitigation, especially how much mitigation is necessary? What is the exact timing sequence of the corresponding mitigation and permit work being proposed ( what happens first, fill or mitigation, second,etc. )? What grading is being requested, and what is the claimed hardship that requires grading, and what criteria is being used to evaluate and decide this grading portion of the requests? How steep is acceptible, etc.? What alternate methods of dealing with the various claimed hardships have been explored and why are those not being pursued rather than these requested actions? Since the City and City staff have chosen to vehemently prevent exactly similar work by private property owners, I request that these questions be addressed in detail to clarify how and under what circumstances such work is acceptible and necessary. This will help provide some basis for equal application and enforcement of the relevent rules and requirements. Thank you for your cooperation in clarifing this for all property owners knowledge, potential plans, and future reference. Sincerely, ~h}--~ I, Robert Floyd f,3 EXCELSIOR. . . . · SE'tTLED 1853 · ·.2003 . · ·. SESQUICENTENNIAL · . · .·.·.•.. · .. ·. CELEBRATE 150YEARS0FHISTORYL 5/1,,/0 '/ ~ µ-j; &ii Ilk 4 ·. · ·. ·.. · .. · .. ro,,,,, -J,,, 4-/14-/-, ~? .. s-# / 7° ?.7 '];,C,J . ·u;_ -.fc4~Z'7''17 ·. m-1) ~~l r sy/-+;--vtrr~e+ To po 'Ny., dr :., , ;_ i )Me-:r 5" . "",</ ... 'j:{,, J-f<J'.-A<fo-/ ,4cc~fS-• --rJ ~ £ J-, ~r -:;~ r l ¢// ,, « o--rt., v )6, 1 x~ ],,._,,.; j . " !R 4c,._; ~ up . fr~1v~ s /) .. · ·. . .. ~ !~;~]~ ··•···~.··· SATURDAY, AUGUST 16, 03 • SUNJ?AY, AUGUST 17, 2003 .. ·. · O~D-FASHI0NED FuN FoREVERY0NE · Compl(mer,ts. Qf Tonk~ Printing Company RECEIVED MAR 3 2004 CITY Of ORONO ~ J -~~ --------------(~/u'Jl;~ r:;.,,v'-71--,,r1 Ul/4/7!-~ /1 ti ,½z__ 1 _ __,.·· .L.=£,L ~ r, an ,t ?vJ~ &vJl/ ~--r ~~g ?L ~~ ~ ~ ~~ ~ ~~c!AU~&& .ct , d drd d M,,r,1-?J ~ ~ L _,,:c lde-oz: e,u_,,-~ '. ' --. _J~ 'YJ!ML ~~ ~Z::, __z:;l-4,,,_1 We.- --(!_~ fa _/Ud-·:hL d.L -1f!5c5< P:.--?I ;7~~tJ. ~ A~ i, _,-,rr~/L-g ~5,;? t?-3/ S-23i : __ -J,,l,?~~~ jL/c:!¥ j/J. h,=PL fi, c:lP~~r, ~-£5/3? I City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-:066 Application # 0 f-2.C.'f-1 7 Date Received: 2 -2 3 ·· 1.Y--( Amount Paid: Staff: ------- Fee: $600 _.;_...,.....,...., _____ _ Renewal: $300 --'--'~-:--,:-c~:---:-c--~-After-the-fact: $1,200 Double Fee This application form must be completed in full. Api::cant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORM,ATION: , . .. ·\ SiteAddress: 6\A s\~\1d L~(".-Ace'{$~-OCc1~uA brl\/}e(Y1 \1,{)G\'tO B,ci1· .v,g Property ldentifica on Number (PIN): c-1-· • ..L.!..A....:..... ___________________ _ (Attach legal description to application if ,not inclt.:ded on the survey.) Date Property Acquired (month/year): I q \ 0 □ Yes, I own the adjacent parcels. Pre~ent ~se_of property: □ ResidentiaJ . CIYO-u=ier V ct cc-1 Y\-\ iJ \~ 1---\~(;j S" r €f1 Zoning D1stnct: SE:.asov,r1\ ll f Cru:ft\cmc,t\ APPLICANT 1.NFORM~TION: (Co~plete_l~ga! na~ss and marital status required for each interested party) Name: C 1 '➔" O ·{ 0 f'()r'\ {) · Gr q_-3 Ga~pr.,-_ . Phone (home): _hone (work): 9 5.'2.:·· 2.. q 9-9-6 ()0 Address. r.o-. f:>o bl Cr s-\c,i.\ Bc-t. 'tviu SS'32J Email: <z]C1 o. f pa ~ C ·1, Oro nt'. 01 n. u .r Fax: s.··2.: 2 .. ~ i:~ ,. t OWNER IN~QRMATIQN: (Complete legal narr.es c::-::: marital status required for each interested party) Name: C 1 \ · , () -t _, rot10 -c,· i Mc,or· ·:; Phone (home): ~----,,----..---,-__,..--~ Phone (work): C S'2. -L'" c1 -c {) D Addr~ss:. P, 0. Box. £ £ Cv--ys,t/\\ Bo.y MU S'S 3 23 , . _ _ Email: r' hi\ c o..--s·l/ a> C,. orof\(1.\'.)r\h,U.S"' Fax: Cj 5 2 .. 2..4-q ,. 4-~ \ t;,. DESCRIPTION OF REQUEST: r F' '· .; REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List -owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finc1nce, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). D Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. ~-a 9Jc~mtA G'r~.30,r'y f-\.Gttpp(1Date: 1--~ ·tea-04 f::3-1r Date: ---------------- Applicant's Signature: Applicant's Signature: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, cq s ltants, agents, Commission & Council Members for purposes of investiga~'.dd ver~ficati9 -~-is request. Owner's Signature: ~r7i' ·· /~~ Date: ;;},j·,{",f) 1/ Owner's Signature: _________________ Date: 7 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. ,.., ... · '· I \_,,' Page 1 of3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. a reasonable use if used under 2. 3. 4. "Economic considerations alone shall not constitute an undue hardship if r~asonable use for the property exists under the terms of the Zoning Chapter." tJ !-f ~t'~,~t.;:_~:}(.;; "i·:i'.-,; ,J •l .:.-·~,• ·: .. ··--.; ·:i [/!:ti:~:l f{t 5. 6. 7. 8. 9. 10. 11. Page 2 of3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in h:8rmony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." IA "The Board or Council may permrt as a variance the temporary use of a one-family dwelling as a two-family dwelling." t~A "The special conditions applying to the structure or land in question are peculiar to such property or}mmediately ac;ljoining propertyr'' S-p~'n,d fc>h0l\-:\\0ri d{ p\1:iUecJ u.y'tA~l\c \<...\;\,~ d{ !1~10iy /J {<, 1/11'\\vj rN "\:cl ':t hv· r(?:3 t9r''1> "The conditions do not apply generally to other land or structures in the district in which said land is located." "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." 6 )-~/\,\, ,1 · -t\ tr · Page 3 of3 12. Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): rr ! I t .. ,,.• . ..,,., -:....~.,~J!Jf:.Ji;~ :~ ... t--- c::. _j__ >·<. L.c_J \. Application# Cf:l-2.C<97 Date Received 2.-2'7>:L]-f Amount Paid ----CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address . le -l Olnd Le: )' .. · , '.f Sf locc>t, \(' Pi Type of Application to be Filed C ~ f 6 r~t/i \,')5 .. r ,l l\ nc: Property Identification Number (P.l.D.) -:.;ij:i..,_A;;;.__ ____ 7 _______ _ APPLICANT c· ..:i-. Name ti}-d f 0,,-onp· -G rQ0i bCAt;l po. __ Phone (home) ______ __,._ Phefne(work) qsz-11q -· 46LI Address P.o. Bax 1-,: 6' Crys\al Bo•\, City -lv'dJ -Zip ss··~-L3 -+ J OWNER (if d_iff~rent than applicant) Name Ct"\: o Ovun ·· fu,h tV\c.oY' -~ Phone (home) _____ ---,----,---.....--Phone (work) ~-"'--=--.......... -------=------,,---- Address W. O. i3ok -6 -l C-. s\r. E~ City ___,IVi,~~-~ ___ _ Date~ Acquired n tl P\. f. · Iii ) { 1Ut11 I (do) e, also own the adjacent parcels of and. FEES -CONDITIONAL USE PERMITS - ___ $600.00 Residential Accessory Use ___ $600.00 Institutional (church, school, etc.) $600.00 Guest House/Guest Apartments --- ---$600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use ---$600.00 Land Alteration+ Permit -----Grading and filling -designated wetland or floodplain -..--Grading and filling -501 cu. yd. or more )( Grading, seawall, retaining walls within 75' of lakeshore PRO/PIO -see Fee Schedule ------$250.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ---$600.00 Commercial Site Plan Review(+ consultant fees) ---$600.00 Vacation ---$600.00 Easement Vacation $100.00 Easement Vacation With Subdivision ---___ $600.00 Rezoning (PUD -refer to fee schedule) ___ $600.00 Comprehensive Plan Amendment ___ $100.00 Appeals Other -see Fee Schedule --- 5 1.k~.;.. ;:; lf.J' REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. __ Completed Application Form. --Describe request in detail. --Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910). __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. __ Attach legal description to application if not included on required survey. ---Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). ___ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). --Construction plan, if applicable (see staff for requirements). --As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date _______ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. {A_ ~ -~M r "v 1\ Grivi)'Jll ·1:-1 a,_o,--t Applicant's signature 7J O J...)C'trr.l t, rtB O'f'~ p _ 1 Date __ -_L-_-Ll __ ·7_ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for pu o es of investigation and verification of this request. ----~ z Owner's signature/~ --. ~~ Date::)-...../ 1/'-f)i Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. P-.pplicants 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 advi:JJ,~u(Slngt z_~ning Offic~ of this:ch!g_~or to the meeting. ,~,i~ry ~;,~~:9 •. . . .: : (~;· HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) e 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway 0 X 0 = 0 S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE 0 S.F. A lOTAL PROPcfRTY AREA IN Z~N~ 6Js· f °S.°2(1 S.F. B X 100 = a % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. 8. Garage X = S.F. C. Driveway ·7 5 X \ 6 = 7~)0 S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE 6150 S.F. B A ') so B X 100 = % 1 Q,.:t~f!~~ /~~:::>: 17 1 •\ \:'.~) ; , ~ i.1:J .,,-.. ,•· .. 1 February 18, 2004 To: Orono City Council and Planning Commission From: Greg Gappa, Director of Public Services Subject: Big Island Lake Access "C" Road Lake access C is located on the northeast side of Big Island and is a 90' wide platted City Right of Way with flat topography and is currently undeveloped Almost the entire width of the access is a Type 1 wetland that was formed by an ice ridge that impounds surface water drainage. This area usually contains water during spring the spring snow melt or very wet periods. For many years access to the island in this area was on private land adjacent to the north of the access, the property owner has now blocked this access road. Since the dry land access area on private prope1iy is not available, there is no longer a good access point for the properties on the northern area of the island. The only other access lanes D and H that have suitable topography for reasonable access are located further south on the island. In 2000, the City granted approval for the property owner of 220 Big Island, a landlocked parcel, to have a seasonal dock on access C. Information on this approval is attached. The property owners on the northern area of the island are concerned about access, and we have had discussions and several site visits to the island with property owners to view options for better access to the island. An option for consideration is the construction of an access road on lake access C that would restore access comparable to the historical access that was located on private land. Attached is a plan showing a 10' wide crushed rock access road on the southern edge of access D. The plan shows a road extending from the lakeshore to an existing access path on the Lawn Avenue Right of Way. Construction of the entire 180' ofroad would require about 60 Cubic Yards of rock. The proposed plan is to place the crushed rock on top of geotextile fabric placed directly on the existing ground. This should be adequate considering the low level of usage for this road and will minimize the amount of excavation required. There will be a small amount of excavation required to remove the ice ridge near the lakeshore. Construction of the road across the wetland will require about 3 00 s. f. of wetland impact. Minnesota Rules provide for a "de minimis" exception for impacting less than 400 s.f. of wetland in the shoreland area. To obtain the de minimis exception a permit application has to be submitted to the Minnehaha Creek Watershed District for approval by the Board of Managers. No wetland mitigation is required for the de minimis exception approval. ·= "'; ', Page 1 of 2 :1 i/ /.j Construction of this road will require a Conditional Use Permit from the City for grading and filling more than 10 c.y. in the O' to 75' setback zone. Approximately 25 C.Y. of crushed rock will be placed in the Oto 75' setback zone. A variance will also be required for 750 s.f or 12% of impervious surface in the O' to 75' hardcover zone in which no impervious surfaces are allowed. ··----•' 1-- ,, ~· ! C, HAR~ER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-7 . . 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A House X = S.F. Length Width X = S.F. X = S.F. 8. Garage X = S.F. C. Driveway 0 X 0 = 0 S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE 6] so 0 S.F. B A 0 + 8 X 100 = % PROPOSED HARDCOVER IN ZONE A House X = S.F. Length Width X = S.F. X = S.F. 8. Garage X = S.F. C. Driveway JS' X l6 = 1SO S.F. I I X = S.F. I D. Sidewalk X = S.F. X = S.F. ,.,. ,_ ·. 'i ,! E. Patio/Deck X = S.F. ; X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE ·7 s·o S.F. A TOTAL PROPERTY ~V' IN ZONE bl SO t-,] so l S.F. B A l. + B X 100 = 212'L % HARDCOVER ORDINANCE -In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surface ("hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones -Hardcover includes: Allowed Percentages: 0-75 0% ✓ Roofs, 75-250' 25% ✓ Sidewalks, 250-500' 30% ✓ Paved or gravel driveways, 500-1000' 35% ✓ Patios & decks (includes slatted decks), ✓ Tops of retaining walls & rock walls, ✓ Decorative landscape areas underlain by plastic sheeting or fabric, or ✓ Any other surface that does not allow direct absorption of rainfall into the ground. INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET 1. Circle which setback zone (0-75', 75-250', etc.) the calculation is for. 2. For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f.). · 3. Add up all the square footages to get total square footage of hardcover. 4. Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone. 5. If changes in hardcover are proposed, you should do a "before" worksheet and "after worksheet. If either results in percentages greater than those allowed, contact City staff before proceeding with your project planning! I I City of Oron ( Variance Application Street Address: 2750 Kelley Parkway Orono , MN 55356 Main : 952-249-46 00 fax : 952-249-4616 Mailing Address: _ P.O . Box 66 Crystal Bay, MN 55323--:-0 66 Application# Of-2-C(J7 Date Received : ;Z. -2-3 -d-( Amount Paid : ------Staff : Fee: $600 ---------Renew a I: $300 ---::--:-::-::--c:--=------:-----After-the-fact: $1 ,200 Double Fee This application form must be completed in full. Ap(::":cant will be notified within 15 days as to the status of the application . Incomplete applications will not be placed on Planning Commission Agendas. T.ION: Site Address: \ \ u\ \'\ J L < e A GC '< ) ~ oc Cl~ e~ b e\ Property ldentifica on Number (PIN): A ~---------------------(Attach legal description to application if __not inclc d ed on the survey.) Date Property Acquired (month/y~ar):. I q \ 0 . □ Yes, I own the adja9en_t parcels. Present use of property: □ Res1dent1aJ C1YOmer Va C-o Y\ \-p \ ~ r\ ~ d Sir-e {\ Zoning District: S~aso~a\ 11 e Creta "t\oM\ APPLICANT ~NFORM~TION: (Complete lega l na ~:S and marital status required for each int~rested party) Name: C 11'"( o ·f Oron(J -· Gr'{.IJ. Ga Ppq Phone(home): . J Phone(work): 9 ~l.-2..<\:9 -4-l 06 Address : t'.o. & ox ~& Cr:y s-\:a \ BO\'y MU S S 3 lJ . Email: ca@grpa Qj) C 1,0 r'd btJ, l'.'oh ,L,\.> Fax: 9 s-1:-·2-4 "1 ... Zf bll. OWNER INFPRMATIQN: (Complete legal narr:es c::-:j marita l status required for each interested party) Name: c, \:-y o + Orono --rL.o n Mo o\.-S£ Phone (home): ....------...---......----.-~---,,....-~Phone (work): 9 S'2 -L4 '1-q@ D Address: P. 0 . ox. r-s II\, a U S S 3 23 Email: 'r t½ aors-eo) C \. Q•OY\O ,Y\t\b,(As Fax: __._--------=----- $ S-:dOO i··. . . ~, _ _., ;-~ __ __,.9 -~-.. -... · ,.' 7 I• () REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed . □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List -owners within 150' of the subject property, labels and plat map . List, labels and map may be obtained from Hennepin County Department of Finc1nce, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction . □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). D Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is . true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature: ,@:r-u 9J0ffeffee: Gr~3o v-:y A -G~rp ~Date: 1--i~ -0 4 Applicant's Signature : ________________ Date: Applicant must have all submittals into the C ity offices 25 days before the Planning Commission Meeting . Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. r r ~ j j I• J __ _:,..,,, . .· I .. ...:::::-,, I 1 I i Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible . Since you are requesting the code exception , you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. 2. 3 . 4. use W used under "Economic considerations alone shall not constitute an undue hardship if r~asonable use for the property exists under the terms of the Zoning Chapter." (~) /•',J' ,:J ~~-••~~~J~;::i: I {(:~:l) {_l~::.;ilSP' 5. 6. 7 . 8. 9. 10. 11 . Page 2 of3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in h_armony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." -A "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling ." NA "The special conditions applying to the structure or land in question are peculiar to such property or _i mmediately a<;fjoining property," , \A 1 S p ~l ~\ rowAf\\on d{ p laUeJ u.'}:2l1 A>l\c \'l ~v,\ d{ Wc{y 1 l{ U\n.\ q IAP 1d ':t ~\\.r pn, r ft •-\> "The conditions do not apply generally to other land or structures in the district in which said land is located." "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." jl_,o 9 ol LS" b fl c '7 S-S OL<'', inf' .+ h e ( '""' l o r v'"'o L/\a!-' "Tne granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." 6rt'Af\, \v, ..f Wt l\ r .Fl. ;· ~-• .. . ~ . .., L,. I -• ---.,i-1-' d .~ (r-:::\ :·--.;·-.1.._ .... i.• -.:: I i'. l;_·., f. -' ' .' J 12 . Page 3 of 3 "The granting of such variance will not merely serve as a convenience to the apP,licant, but is necessa~ to alleviate d~monstrable hardshi or difficulty." V rt / r t Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hards hip, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): fl fi .-r-...._J•-. ,~-- , I • I . ... .,~ .-,.r -r .: ' r>~ ....., . --,y I ,j HAR ~ER CALCULATION VII .!KSHEET SETBACK ZONE: (CIRCLE ONE) 0-7 . 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway 0 X 0 = 0 S.F. X = S.F . D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE 6] so 0 S.F. B A (j B . X 100 = % PROPOSED HARDCOVER IN ZONE A House X = S.F. Length Width X = S.F. X = S.F. I -::_7 ' B. Garage X = S.F. -'-:7 1s lo 150 -~ -:i_,·, .... ,D C. Driveway X = S.F. :~· ·: 'i X = S.F. , D. Sidewalk X = S.F. X = S.F. /<) E. Patio/Deck ,·· X = S.F. X = S.F. '. ')\ F. Landscape ' I X = S.F. . , t/ Underlain X = S.F. -I { 1 By Plastic X = S.F. 'l :---j G. Retaining X = S.F. --Walls H. Other X = S.F. TOTAL HARDCOVER IN ZONE ·7 so S.F. A TOTAL PROPERTY ~if' IN ZONE 61so "&]s·o I S.F. B A 1 B X 100 = 2.2"L % HARDCOVER ORDINANCE -In 75, the Orono City Council adopte1 n ordinance limiting the percentage of lot area that can be covered with impervious surface ("hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones -Hardcover includes: Allowed Percentages: 0-75 0% ✓ Roofs, 75-250' 25% ✓ Sidewalks, 250-500' 30% ✓ Paved or gravel driveways, 500-1000' 35% ✓ Patios & decks (includes slatted decks), ✓ Tops of retaining walls & rock walls, ✓ Decorative landscape areas underlain by plastic sheeting or fabric, or ✓ Any other surface that does not allow direct absorption of rainfall into the ground. INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET 1. Circle which setback zone (0-75', 75-250', etc.) the calculation is for. 2. For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f.). 3. Add up all the square footages to get total square footage of hardcover. 4. Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone. 5. If changes in hardcover are proposed, you should do a "before" worksheet and "after worksheet. If either results in percentages greater than those allowed, contact City staff before proceeding with your project planning! February 18, 2004 To: Orono City Council and Planning Commission From: Greg Gappa, Director of Public Services Subject: Big Island Lake Access "C" Road Lake access C is located on the northeast side of Big Island and is a 90' wide platted City Right of Way with flat topography and is currently undeveloped Almost the entire width of the access is a Type 1 wetland that was formed by an ice ridge that impounds surface water drainage. This area usually contains water during spring the spring snow melt or very wet periods. For many years access to the island in this area was on private land adjacent to the north of the access, the property owner has now blocked this access road. Since the dry land access area on private property is not available, there is no longer a good access point for the properties on the northern area of the island. The only other access lanes D and H that have suitable topography for reasonable access are located further south on the island. In 2000, the City granted approval for the property owner of 220 Big Island, a landlocked parcel, to have a seasonal dock on access C. Information on this approval is attached. The property owners on the northern area of the island are concerned about access, and we have had discussions and several site visits to the island with property owners to view options for better access to the island. An option for consideration is the construction of an access road on lake access C that would restore access comparable to the historical access that was located on private land. Attached is a plan showing a 10' wide crushed rock access road on the southern edge of access D. The plan shows a road extending from the lakeshore to an existing access path on the Lawn Avenue Right of Way. Construction of the entire 180' of road would require about 60 Cubic Yards of rock. The proposed plan is to place the crushed rock on top of geotextile fabric placed directly on the existing ground. This should be adequate considering the low level of usage for this road and will minimize the amount of excavation required. There will be a small amount of excavation required to remove the ice ridge near the lakeshore. Construction of the road across the wetland will require about 300 s. f. of wetland impact. Minnesota Rules provide for a "de minimis" exception for impacting less than 400 s.f. of wetland in the shoreland area. To obtain the de minimis exception a permit application has to be submitted to the Minnehaha Creek Watershed District for approval by the Board of Managers. No wetland mitigation is required for the de minimis exception approval. Page 1 of 2 Construction of this road will require a Conditional Use Permit from the City for grading and filling more than 10 c.y. in the O' to 75' setback zone. Approximately 25 C.Y. of crushed rock will be placed in the Oto 75' setback zone. A variance will also be required for 750 s.f or 12% of impervious surface in the O' to 75' hardcover zone in which no impervious surfaces are allowed. Page 2 of 2 ;\ -:1ii ,,::.,g ,4 f ,. : . t·, . \/l!Mi<,, ~ \ Ll::,l\Jl!O) [rf, QJ N E&IOJNJ LS W~Vl;_'f I .-,1· n1~,)~1•·) IO LL/ U>J ACC £S5 , .: c·.r,Jr) .·,: :r·1°'3 O(JS.f. WfTLA.kJD . f ~ C. llO AC~, Mi" J.J T l 11 ~ So 1· 0 ·St> ~· ·,. -~ !,.~G!\kD.J:'~':J'.JJ'_IlQ't:1 Tho S1rcd lying between Lot,)% pbt lhtroof o· dr:1(Ht,; iron m1c'.k-0r JQ, ·,-Jll,.~n "."T:m~~~.li\f~ :r:Hilinri'~\; •,~~jt,, . •'i•· . ';~ HltilT ~'~-~'.'.'non Bonc.1. troo r,-;·· ~ Roser,':' ·• '· /\nder tf<_c'~ Assnr: :itr,•; rno111(lrY<; 8, 1iifh1fr,.f•, , ! I, i I j'• Application# c;8 --2 0(q7 Date Received 2.-6 fr o-,( Amount Paid ----CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION l Site Address )e C\hd L. -Q_ , ,esr locO\,\\'~ l Ld C \9-0 B5 r~,·~n4 fi\.C ,:oh~ Type of Application to be Filed CU p 6 ro,c;,t\<'l z: f tlh t1 9 Property Identification Number (P.I.D.) ..!.:ij:L.A~------------ APPLICANT C Name tt), d { 0 -r r/n(i -G r-€..0 G~l? pa Phone (home) ___ -,----~-Ph6ne(work) qsz -2 '}q -'f 6L ( Address P,o . Box 6 6 Cl'),s\a l J:kA, City · tvdJ Zip 5S-1,L 3 -t-i OWNER (if diff~rent than applicant) Name Ct')' o { Ov-u 'nlJ -· flo~ Moor $"< Phone (home) . Phone (work) 11 (1: 2$\-9 -4: 64;~ Address V', O. Go -6 £ Cr S¼ ~C\ City IJ Zip S-~2J Date~ Acquired (I P\ r { w~ (month/year) I (do)~ also own the adjacent parcels of and. FEES -CONDITIONAL USE PERMITS - ___ $600.00 Residential Accessory Use ___ $600 .00 Institutional (church, school, etc .) ___ $600.00 Guest House/Guest Apartments ___ $600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use ---$600 .00 Land Alteration+ Permit -----Grading and filling -designated wetland or floodplain -~ Grading and filling -501 cu. yd. or more -)( Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule ------$250.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $600.00 Commercial Site Plan Review(+ consultant fees) $600.00 Vacation ---$600 .00 Easement Vacation ---$100.00 Easement Vacation With Subdivision ------$600 .00 Rezoning (PUD -refer to fee schedule) ___ $600 .00 Comprehensive Plan Amendment ___ $100 .00 Appeals Other -see Fee Schedule --- 5 REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. __ Completed Application Form. --Describe request in detail. --Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Cente r. A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910). __ Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. __ Attach legal description to application if not included o n required survey. __ Topographic survey (existing and proposed conto u rs) if land alterations involve changes in elevation (grades). __ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of app licant(s) if not current owner(s). __ Construction plan, if applicable (see staff for requirements). __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents , plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date _______ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge . Applicant's signature {g: a ~ Gre B Of') A 6 "'f 11~te 'L-1-21'-04 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants , agents, commission members, and Council members for p o es of investigation and verification of this request. .-/ Owner's signature ~ . ~~ Date c),j tf,17 y- Applicant must have all submittals into the City offices 25 days before the Pla nning 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 authorize d agent attend in your place and advise BuiJptng .a, Zoning Office of thi .s cha ·or to the meeting . ,._,Li.,_, (:; :.. •~ ' : -...... \I ~-,, c(,;; ,. . ,. • ~~~.11 J ~ ~"\-~··> ·,~:Y HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) e 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F . X = S.F. X = S.F. B. Garage X = S.F. C. Driveway 0 X 0 = 0 S.F. X = S.F. D . Sidewalk X = S,F. X = S.F. E. Patio/Deck X = S.F. X = S.F . F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G . Other X = S.F. TOTAL HARDCOVER IN ZONE 0 S.F . A ~OTAL PROPCf RTY AREA IN Z~N~ 6 ]S ~ :S:J~ S.F. B X 100 = 0 % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C . Driveway 15 X \o = 7 /;0 S.F. X = S.F. D. Sidewalk X = S.F. X = S.F . E. Patio/Deck X -S.F. X = S.F. F. Landscape X = S.F . Underlain X = S.F. By Plastic X = S.F . G. Other X = S.F. TOT AL HARDCOVER IN ZONE 1s·o S.F. A TOT AL PROPERTY AREA IN ZONE 61SO "6i 5rJ S.F. B A J 5(1 B X 100 I 93 % ll.-22.. 6.1 ~ ,,-r~·,, .. ,. 'i , I , f ~ I •','\ t (,.\ "'.--,1 ''·':-~·;, f February 18, 2004 To: Orono City Council and Planning Commission From: Greg Gappa, Director of Public Services Subject: Big Island Lake Access "C" Road Lake access C is located on the northeast side of Big Island and is a 90' wide platted City Right of Way with flat topography and is currently undeveloped Almost the entire width of the access is a Type 1 wetland that was formed by an ice ridge that impounds surface water drainage. This area usually contains water during spring the spring snow melt or very wet periods. For many years access to the island in this area was on private land adjacent to the north of the access, the property owner has now blocked this access road. Since the dry land access area on private property is not available, there is no longer a good access point for the properties on the northern area of the island. The only other access lanes D and H that have suitable topography for reasonable access are located further south on the island. In 2000, the City granted approval for the property owner of 220 Big Island, a landlocked parcel, to have a seasonal dock on access C. Information on this approval is attached. The property owners on the northern area of the island are concerned about access, and we have had discussions and several site visits to the island with property owners to view options for better access to the island. An option for consideration is the construction of an access road on lake access C that would restore access comparable to the historical access that was located on private land. Attached is a plan showing a 10' wide crushed rock access road on the southern edge of access D. The plan shows a road extending from the lakeshore to an existing access path on the Lawn Avenue Right of Way. Construction of the entire 180' of road would require about 60 Cubic Yards of rock. The proposed plan is to place the crushed rock on top of geotextile fabric placed directly on the existing ground. This should be adequate considering the low level of usage for this road and will minimize the amount of excavation required. There will be a small amount of excavation required to remove the ice ridge near the lakeshore. Construction of the road across the wetland will require about 3 00 s. f. of wetland impact. Minnesota Rules provide for a "de minimis" exception for impacting less than 400 s.f. of wetland in the shoreland area. To obtain the de minimis exception a permit application has to be submitted to the Minnehaha Creek Watershed District for approval by the Board of Managers. No wetland mitigation is required for the de minimis exception approval. Page 1 of 2 Construction of this road will require a Conditional Use Permit from the City for grading and filling more than 10 c.y. in the O' to 75' setback zone. Approximately 25 C.Y. of crushed rock will be placed in the Oto 75' setback zone. A variance will also be required for 750 s.f or 12% of impervious surface in the 0' to 75' hardcover zone in which no impervious surfaces are allowed. Page 2 of 2 1008.67 22-1 1 7-"2 ~ •~ !D_806! ___ -;ff -__ 1\1,>,.~ ' ' 320.76 B (3) I I I I I I I I I I I I I I _§Q _ §Q _ §Q __ sp __ 5o 50 50_ -~o_ ~ t\l Pl IO b) m ~ 53 ~ 52 ~ 51 ~ 50 ~ 49 ~ 48 .... 47 ,_ 46 ,... ~ (20) (9) -~ .... ,.!"_ --------- 50 50 50 50 50 50 50 TOO/SIT S80°w ~ 37 1 1 ~--'.c19:,,8 \: :~ ~ 36 1 0 199 ,', :io 35 ,, , 0 204 (30) ' :"' 34 208 (20) 33 208 19) 32 208 31 '.' /ff? 250 30 ' '<> 277 ' ,"" (28) ~ 22 (34) A 156.3 ,"~ ', ~ ... , A (19) 3S{}, ------C 4 p blrr~ucr 73-lf7-2 ~@ (1) RUN DATE: 2/19/2004 38 22!1723140001 PROP ADDR 740 BIG ISLAND OWNER NAME HENN CO PARK RESERVE DIST TAXPAYER SUBURBAN HENN REG PK DIST NAME/ADDR 12615 CTY RD 9 PLYMOUTH MN 55441 38 2311723230019 PROP ADDR 160 BIG ISLAND OWNER NAME DUANE BEHNING TAXPAYER NAME/ADDR DUANE BEHNING 9117 NORMAN RIDGE CIR BLOOMINGTON MN 55437 38 2311723230029 PROP ADDR 170 BIG ISLAND OWNER NAME JOSEPH M & MARIE J BACKES TAXPAYER JOSEPH M & MARIE J BACKES NAME/ ADDR 170 BIG ISLAND BOX 183 EXCELSIOR MN 55331 t: ti HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2311723220002 PROP ADDR 130 BIG ISLAND OWNER NAME I MARGARET SCHEFTEL TAXPAYER I MARGARET SCHEFTEL NAME/ADDR BOX 176 EXCELSIOR MN 55331 38 2311723230020 PROP ADDR 160 BIG ISLAND OWNER NAME DUANE BEHNING TAXPAYER DUANE BEHNING NAME/ADDR 9117 NORMAN RIDGE CIR BLOOMINGTON MN 55437 38 2311723230030 PROP ADDR 150 BIG ISLAND OWNER NAME G L & W F LILJEMARK TRUSTEES TAXPAYER WILLIAM & GA YL YNN LILJEMARK NAME/ADDR 1814027THAVEN WAYZATAMN 55447 38 23 ll 723220018 PROP ADDR 120 BIG ISLAND OWNER NAME JD URAN & JD URAN TAXPAYER JOHN DURAN NAME/ ADDR 19 CENTER ST EXCELSIOR MN 55331 38 2311723230028 PROP ADDR 220 BIG ISLAND OWNER NAME D L LOVELACE/S A LOVELACE TAXPAYER DA YID & SANDRA LOVELACE NAME/ADDR 15331 EXCELSIOR BLVD MINNETONKA MN 55345 38 2311723230031 PROP ADDR 140 BIG ISLAND OWNER NAME JOHN & CHERYLL S URAN TAXPAYER NAME/ADDR JOHN D & CHERYL SCOTT URAN 19CENTERST EXCELSIORMN 55331 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATEONTHE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BFT DATE.,?.-,,,.vi BY ~ OFMYKNOWLEDGEANDBELIEF. ? /"' ,,,f/ ~~ --,,C.."""""-''----~'---,~-......;....;c:::,,,..,"_ .~-~--' PAGE: 1 CITY OF ORONO -·2750 Kelley Parkway, P.O. Box.66 Crystal !3ay, MN 55323 -· Phone·(g52} 24~4600 Fax (952) 249-ll616 . NOTICE - The Planhi~g·, Cotnmls_sfon will ,hold public hearings _In _ i,he 'Orono'' C'oiincil Chambers at , 2780 ' !(eliey · Parkway' <in Monday, ApriL19, 2004, beginning at.6:00 p.ni . on the mattec of reviewing the follow-· ing land use applications :· . • I . 1. #04-2971, ·Reliance ' Develcip~~nt Compariy LLf', NW comer :01 Willow Drive an~ Highway 1_,2,;(QU)lot A, Stonebay),_ PIN # 33,1111-23-1,1-0003, RR -1 B zoning dis- . trict, requests a 09,ml"(lerclal site .. plan , review, rezcini_hg; · comprehensive . plan an\-endmerit, e1nd subdivision · fo'r retail development of the ,property .. .. -: .. · .. +.: ,' .. , . . 2. #04-21193 Christine Valerius and Philip Fisk, 23n Shadywood Road, -B -' 1 . zohlng_ dil1trici, request. a commercial site i Affidavit of Publication State of Minnesota, County of Hennepin. new lakeshore lots. · 18 plan reviey..o, conditional ,use permit and ·QiJb, 200 Wayzata 'Boulevard, RR -1B parking and side yarq setback variances to · /oning district, requests a conditional use allow improvements, an additio·n to the _fpermit amendment and commercial site existing structure, and to· operate a coffee · · plan review in or_der to conduct major ran- shop With deli, . ' · · ·1. · ovations to the main club building including additio_ns and ·minor site plan changes . 9. #04-3005 City of Orono, reque_sts revisions 10 · the Sign Ordinance, Sections I e 78-1466 and 78-1468 relating to the 'regu-E lation of sign's. . . , 3. #04-2997 -Clty of Orono, requests a variance_ and conditional use permit to 6. #04-3001 · Steven arid Marcia Ail -persoris wishing to be heard are 11llow -filljng and grading within 75' ('l''thii Tiffany, 132? Rest Point La_ne, LR -1B encouragedtoattendthismeetir;ig. Written II ' sho'rellrie of .L:ake Minnetonka and wiihin a zoning district ; request a lot area, lot width ,-commenis .are accepte.q, and shp~ld_ ;be protected . wetland to allow the creation of and street side yard setback -.variances ih submitted to the City. of· Orono by April ,, 2, an access road. The focation ·of the project order to construct a new home on an exist-2004. Plans are avaifable for review in the . e is within dedicated public right-of-way · Ing ~acant loi. . -. City Offices.' _For an appointment, . please ·between Lots 38 and 39, Morse Island · · · · ·· · · · call (952) 249-4600. · a P.ark (adjacent to 120~140 Big Island). 7. #04-3002 G & L Land. Investment, LLC,-740 North Arm Drive; LR -1B zon-City of Orono · 4. #04-2999 George _and Marilyn . Ing district, requests a variance In order to By: Planning Commission Mileusnic, 3243 Casco Circle, LR -1 C allow' a non-conforming · boathouse to zon.lng district, request a hardcover. varl-remain within 75' of the shoreline on a lot . Michael -P. Gaffron; · ance to allow 31 % hardcover in the 75'-in -conjunction .with . a ; te.irdown/ 'r~place.-' . · Planning Director'_ :a e 250' setback _zone when 25% is normally men! of th _e princi_pal .structU\e .. · • • . allowed and 31-% currently exists in order · · . (Published· in The Laker and Pionier S to reconstruct their existing deck. . 8. #04-3003 Brue~.& Krls![~e faqdock . April 3, 2004) . . · i] : and George W. Stickney,'32S0 Fox ·J;treet, . . . . ~ 5. #04-3000 Miller. Dunwiddie · LR .:. ;"1A zoning district, ·r.etf!iest ··11>rellml-'· -~ · Architects on behalf of \','ayzata Country -nary .plat appro\lal in orde~ \o .. Ct!ll!tes three . i. -. ; . .. . ',., .. · .. ,,~~:··,~::.·~! ~'. .. ; .. ,. which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks . It was first published Saturday the _3 _ day of __ A_p_r_i_l ____ 2004, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 2004; ~lt_ .. < iAuthoriz~~mt Suscribed and sworn to me ·on this Notary Public f<RIST I HOLM NOTARY PUBLIC-MINNESOTA ~ •;'-~--· ,,, My (.;1Jm ;n'ssi !::-n Expires Jan . 31 , 2005 , ~~~-~·:;,:._:"'"_i:.~=-1~:'.;".';..B z&-B~~~~-----·:~:.;'~ Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15 .50 per inch. (2) Maximum rate allowed by law for above matter: $15.50 . (3) Rate actually charged for above matter: $7.96 per inch . Each additional successive week: $5 .79 . CITY OF ORONO . 2750 Kelley Parkway, P.O. Box "55 Crystal Bay, MN 55323 · Phone (952) 249~4600 Fax (952) 249-4616 NOTICE The Plannir\g C9i:nmis$ion will .hold public hearings in the · Orono Council Chambers at_ 2780' !<alley Parkway on Monday, April .19, 2004, beginning at 6:00 p.m. on the matter of reviewing the follow- ing land use applications: 1. #04-297 4 Reliance· Development Company LLP, NW corner ·of Willow Drive and Highway 12(0utlot A, Stonebay), PIN # 33,118-23~11-0003, RR-1B zoning dis- . trict, requests a commercial site plan , review, rezcinihg; comprehensive .. plan amendment, and subdivision fcir retail development, -0f the property. 2. #04-2993 Christine Valerius and Philip Fisk, 23TT Shadywood Road, B -1 zoning di~trict, request a commercial site ' '··-.-1 .· ,~ew1" ...... ..,,nrp, p an review, , a eshore I t . . , parking and J O s. · allow impro~ . 9. #04-300 . . · existing strufVlsions to the ~.c,ty of Orono ~ shop with de8·1466 and 78 1 ign Ordinance' Sequ_ests !tion of signs • 468 relating to' th ect,ons 3. #04-2 . • e regu. variance arl All persons . · · allow-filling pcouraged to att Wt~hing to be hea d shoreline oflmfT/ents are en this meetitJ i . are protected 1mitted to the ~,!:~Pleet and si~';;'_ 1~1tt-en an access · 04. Plans ."Y, of Orono b · . . . ,be is within ' . Offices. ~cir available tor re0e~:'11 2, between I I (952) 249_460~n appointment p;IJ the Park (adja/ · • ' . ease i City of Orono · · , . 4. #q By: Plannin C I Mileusnlc,l g ommtssion ~ zon"ing di~_ .. • Michael P. Ga.rt j ance to a' Planning Di~ ron,-·. 250' setb#" actor , :, allowed ii. (PUb//sh~d-in Th f . ! to recons_f_ 3, 2004) e Laker and Pio I /j:..., . t .. n,rero 5 ~ . • Archit~"'l . · i • I ..,"f ';1 I .~ ~ Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks. It was first published Saturday the _3_ day of __ A_p_r_1_· 1 ____ 2004, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of ______ 2004; ~I!= 7 Authoriz t!Agant Suscribed and sworn to me on this Notary Public KRISTI HOLM NOTARY PUBLIC-MINNESOTA it~::~,~:~~,~~~:::::=~:~-~'. ,t~i Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.96 per inch. Each additional successive week: $5.79. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I , Denise M. Leskinen , of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #04-2997, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set ~y ;and a~arch, 2004. c C//11dd Denise M. Leskinen .. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hea1ings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, March 15, 2004, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: 1. #04-2974 Reliance Development Company LLP, NW corner of Willow Drive and Highway 12 (Outlot A, Stonebay), PIN # 33-118-23-11-0003, RR -lB zoning district, requests a commercial site plan review, rezoning, comprehensive plan amendment, and subdivision in order create three commercial lots to consist of a bank, pharmacy and retail strip center. 2. #04-2982 Claryce B. and Lyle K. Johnson, 1398 Rest Point Road, LR -lB zoning distiict, request after-the-fact hardcover and lake setback variances to allow reconstruction of a second-story deck on the lake side of the home. 3. #04-2986 Natural Environments Corp. on behalf of Shawn Vaillant, 847 Tonkawa Road, LR -lB zoning district, requests a conditional use permit to allow grading and retaining walls to be placed within 75' of the lakeshore. 4. #04-2988 Sean and Leah Daly, 605 Park Lane, LR -lB zoning district, requests after- the-fact hardcover, lot coverage and side yard setback variances in order to reconstruct a lakeside deck. 5. #04-2989 Ch1istopher Diesen, 1100 Townline Road, RR-lA zoning district, requests a preliminary plat with lot width variances in order to create two residential lots. 6. #04-2990 Patrick and Loring Kaveney, 1444 Baldur Park Road, LR -lC zoning district, request lot area, lot width and hardcover variances in order to construct a new residence on an existing lot. 7. #04-2991 Patrick and Cindy Fleming, 4760 North Arm Drive, RR-lB zoning district, request a variance in order to construct an accessory structure in front of the principal structure and also a front yard setback variance for the proposed accessory building. 8. #04-2992 Ron Potas, 2190 Shadywood Road, LR-lC zoning district, requests side setback, average lakeshore setback, and hardcover variances in order to :replace a flat roof with a pitched roof on a home which is currently non- conforming. 9. #04-2993 Christine Valerius and Philip Fisk, 2377 Shadywood Road, B -1 zoning district, request a commercial site plan review, conditional use permit and parking and side yard setback variances to allow improvements, an addition to the existing structure, and to operate a coffee shop with deli. 10. #04-2994 11. #04-2995 12. #04-2996 13. #04-2997 Landform Engineering Company on behalf of Swerve Development Corporation, 875 Wayzata Boulevard, RR -lB zoning district, requests a Comprehensive Plan Amendment in order to allow attached townhouse dwellings at a density of 6 units per acre when the property is cun-ently guided and zoned for single family rural residential use. Robert A . Carlson on behalf of Jyland Distinctive Hornes, 1070 West Ferndale Road, LR-lA zoning district, requests a lot area variance to allow construction of a new residence on a prope1ty that contains less than the required 2 acres of dry contiguous land. Robert A. Carlson on behalf of Jyland Distinctive Hornes, 1070 West Ferndale Road, LR -lA zoning district, requests vacation of existing publicly owned right-of-way adjacent to 1070 West Ferndale Road. City of Orono, requests a variance and conditional use permit to allow filling and grading within 75' of the shoreline of Lake Minnetonka and within a protected wetland to allow the creation of an access road. The location of the project is within dedicated public right-of-way between Lots 38 and 39, Morse Island Park (adjacent to 120-140 Big Island). All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by March 8, 2004. Plans are available for review in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission ,?7t,~ /A To be published the week of February 29, 2004 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 2/19/2004 38 2211723140001 PROP ADDR 740 BIG ISLAND OWNER NAME HENN CO PARK RESERVE DIST TAXPAYER NAME/ADDR SUBURBAN HENN REG PK DIST 12615 CTY RD 9 PLYMOUTH MN 55441 38 2311723230019 PROP ADDR 160 BIG ISLAND OWNER NAME DUANE BEHNING TAXPAYER NAME/ADDR DUANE BEHNING 9117 NORMAN RJDGE CIR BLOOMINGTON MN 55437 38 2311723230029 PROP ADDR 170 BIG ISLAND OWNER NAME JOSEPH M & MARIE J BACKES TAXPAYER JOSEPH M & MARIE J BACKES NAME/ ADDR 170 BIG ISLAND BOX 183 EXCELSIOR MN 55331 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2311723220002 38 2311723220018 PROPADDR 130 BIG ISLAND PROPADDR 120 BIG ISLAND OWNER NAME l MARGARET SCHEFTEL OWNER NAME J D URAN & J D URAN TAXPAYER I MARGARET SCHEFTEL TAXPAYER JOHN DURAN NAME/ADDR BOX 176 NAME/ADDR 19CENTERST EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 2311723230020 38 2311723230028 PROPADDR 160 BIG ISLAND PROPADDR 220 BIG ISLAND OWNER NAME DUANE BEHNING OWNER NAME D L LOVELACE/SA LOVELACE TAXPAYER DUANE BEHNING TAXPAYER DA YID & SANDRA LOVELACE NAME/ADDR 9117 NORMAN RJDGE CIR NAME/AD DR 15331 EXCELSIOR BLVD BLOOMINGTON MN 55437 MINNETONKA MN 55345 38 2311723230030 38 2311723230031 PROPADDR 150 BIG ISLAND PROPADDR 140 BIG ISLAND OWNER NAME G L & W F LILJEMARK TRUSTEES OWNER NAME JOHN & CHERYLL SURAN TAXPAYER WILLIAM & GA YL YNN LILJEMARK TAXPAYER JOHN D & CHERYL SCOTT URAN NAME/ADDR 18140 27TH AVE N NAME/ADDR 19CENTERST WAYZATAMN 55447 EXCELSIORMN 55331 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 TAXPAYER SERVICES DEPARTMENT, TO THE BFST DATE,?.-,,,.v; BY _'._ OFMYKNOWLEDGEANDBELIEF. '? /4 Ar/ ~~ -r-~---#----~-""'.,.- fl (' -'':_.'---;_:·••,. •-~ iJ ! PAGE: I _:.>}l t ·: ;CITY OF·GRONO 2750,k(l_nev .f'~rkway, P.O. Box 66 Crystal Bay, MN 55323 ii~ho c(~~;!}.24.9-4600 :,;_.0 .S2).2ll9,4616 ;,(!'. ~"'!:'.N,bfj~'E. :_ The ·.,P.Jantiing · Commission will hold pub lic lie~rfngs -in· the Orono Council Chambers<a't;2780 .Kelley Parkway on Monday\i,~@~~~) 5, ,,.:;mp4, . beginning at 6:00 p.~'.0f!.il.h~,;f!1a1.t~r. ol rev iewing the followingJari.~:\1~1:.applic_aJions: •;:.\;,::t"-.J;~ .. ·:::-:· .. . ' 1. #04:.~~74 }Rel j;;irice Development Company>.L .. cqrner of Willow Dri ve an d Hi g . Ciu\!iiI-A, Stonebay), PIN # 33-11 . -, ,: .•. 003 ;" f{R -1 B zoning dist ri ct, retjilesls a commercial" site plan review, rezoning , comprehensive plan amendment, an(l subdivision in order cre - ate three commerci al lots to consist of a ba nk , pharmacy and retail strip center. 2. #04-2982 Claryce B. and Lyle K . Johnson, 1398 Rest Point Road , LR - 1 B zoning distri ct , request after-the-fact hardcover and lake setback variances to allow re construction of a second-story decl< on the lake side of the home. 3. #04-2986 Natural Environments c;;orp. on behalf of Shawn Vaillant , 847 Tonkawa Road , LR -1 B zoning district, req uests a conditional use permit to allow grading and retaining wa lls to be placed with.in 75 '·of the lakesh ore. 4. #04 -2988 Sean and Leah Daly, 605 Park Lane, LR -1 B zoning district, req uests after-ihe-fact hardcover, lot cov: erage and side yard setback variances in order to reconstruct a lakeside deck. 5 . #04 -2 989 Christopher Diesen, 1100 Townline Road, RR -1A zoning district, requests a preliminary plat with lot width variances in order to create two re s- ide ntial lots . · 6 . #04-2990 Patrick and Lo rin g Kaveney, 1444 Baldur Park Road , LR - 1 C zoning district, request lot area , lot wi dth and hardcover variances in order to co nstruc_t, a;_rlElyY;o r.esider;ic;e 9n an existing lot. :-...~· ?J(~.>~·\;: :·-~ .. 1 .... :~. • 7. :~6(2s~} i~t~ic;~ and Cindy Fleming', "4760 .No"rth Arm Drive, RR -1 B zoning disfric\, "reques.t a viiriance· in order to co nsfnicJ ;.~Iii{ acc'essory structure in . front of 'the . principal structure and also a . front ya'id .: s~tback variance for the pro- posed ac~ess9ry 'building .. . '..~\:/;,:t··: ;-· .: .. 8. )IQ4'..2992 ffcin . Potas , 2190 Shadyl&'t>ocf l'ioacl , LR··:_ 1 C zoning dis- trict, requests side setback, average lakeshore se tback , and hardcover vari- ances in order to replace a flat roof with a pitched roof on a home which is currently n~m-conforming . . · 9. #04-2993 Christine Valeri~s ,i~d · Philip Fisk, 2377 Shadywood Road, 13 :-- 1 zoning district , re~uest a commercial .. site plan re v ie w, conditional use permit and parking and side yard setback vari- ances to allow improvements , an addition to the existing structure , and · to operate a coffee shop with · deli. 1 o .. #04-2994. Landform Engineering Company on . b~half "of Swer'Vo . Development .Corporatiqn , 87'.5 Wayzata . Boulevard , RR ;..; 1 B · ztming distri~( requests a Comprehensive Plan Amendment in order to allow attached townhouse dwellings at a density of 6 units per acre when the property is cur- rently guidep and zoned for single family rural res idential use . 11 . #04-2995 Robert A . Carlson on · behalf"of Jyland Distinctive Homes, 1070 West Ferndale Road, LR -1 A zoning district, requests a · lot area variance to allow construction of a new residence on a property that contains less than the required 2 acres of dry contrguous land. . 12 . #04-2996 Reibert A . Carlson ·:or,i ! behalf of Jyland Distinctive Homes, 10?0 West Ferndale Road, LR -1A zoning , district , requests vacation of existing pu~-i licly owned right-of-way adjacent to 1 O:ZO West Ferndale Road . '> . \ 13 . #04-2997 City of Orono, requests a vari ance and conditional use permit to allow fill ing and grading within 75' of the shoreline of Lake Minnetonka and wit hin a protected wetland to allow the creation of an access road . The location of the proj- ect is with in dedicated public right-of-way between Lots 38 and 39, Morse Island Park (adjacent to 120-140 Big Island). All persons wfshing to be heard are enco"uraged to attend this meeting . Written comments are accepted and should be submitted to the City_" of Orono by March 8, 2004 . Plans are a:vailableror : review in the City Offices. For ,m appoint-· · ment , please caH (952) 249-4600 . . ·1 City of Orono By: Planning Co_mri\ission · Michael P. Gaffron , · Planning Director (Published in The Laker and Pionee; : Feb . 28 ;2004) . . . .. Affidavit ot .-ublication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks . It was first published Saturday the -1..L day of February 2004, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 2004; ;Wk Authorized Agent Suscribed and sworn to me on this (1) Lowest classified rate paid by commercial users for comparable space : $15 .50 per inch. (2) Maximum rate allowed by law for above matter: $15.50 . (3) Rate actually charged for above matter : $7.96 per inch . Each additional successive week : $5.79 . _:;:::.::.::,==~ ;;/~ 0 4r~ \\ ;,o o\_\ ·-\' :,! ' .. ~. \\ \:0i Ihi~t\ / · t;J \\'<!> ri\\,,!,• ,:'1·•--. \\ ,,.'7-,;; ,\ < •. \/f; ',--, '',( 'iV/ -~il'(-.es1lo~,:: <:::::_~-_:-::-:::.~ · --QC-t='18CC7 ;;.::.::cc·------_-._ /;:1/.a,., 0 i~~ . ii ,--~v '\ 110_ 0\, ' { \\ '' ;.'\"· \\ -I :.., :,-:•;:f:· I I I_\.,:; ,1,' . !,~•> t,., ' \\ 1,... \1 ' }~, ) }, . ,. [:.., // <> ~ /'1;':>,.,._!_..in;:,1,.i;, ~ 1/ \', > !: I-\:_,-·-,,(\' V -/ f\-.;,,""'' ,,,1·.,-,,,,,. ~ 1/1 ''---~~.EJsno~:'::/ --~::-=-•:::::--- 6L\-Z qq 7 CITY of ORONO /\ 2) 1172323001,9 DUANE BEHNING 9117;'.N9RMt,-N RI~GE CIR , BLq'9MINGlfON MN ~~ tt ~J t':l =.:;=: ... ;:;. ::g. i:3 i 7 i I l I l II I I I 11 i I! i I! II f j ! l ! I, 1 I !I I I l 1 91 ! Ii 11 I I I I l ! I Iii I I I iii I l DI CITY of ORONO P.0.BOX66 CRYSTAL BAY, MINNESOTA 55323 /\ !' l \' b---____ /-;/ ' \ i-<\ /i \38 ' l 1723230020 \ 1 bUANE BE/;!YIN;q \ i ~\17 ~o~~}ybo~ 9/R BLOOMINGTONMN 1§-5437 i \ \_ / '\ \\·:\, ,_ tj:,:.4·.37i 1 ·31 t !,loii1lul11!,ol,0!11!u11io,,il!,!0101oll!,1,l111ilii,,lllei,i TRACKING SHEET FILE NO. 04-2997 Staff: ___ _ SITE ADDRESS: Big Island Applicant: City of Orono Address: Owner: City of Orono Address: □ Meeting with Staff Date: _______ _ ~ Application Completed Date: L-,. "2-~ ~ !) '{ 60 Day:_'-f....,_. ___ --~=-- □ Incomplete Notice Sent Date: _______ _ Copy of Application Sent to: __ Engineer _ County DNR MCWD LMCD Property Owners Notified: Date: _______ _ Legal Notice Published Date: _______ _ PC Meeting(s): _ '3""-~-----'-f-=~,e______,p Q""'--"--L/ _____ Vote: /, -TA8°t€' AfY il'?JfJVt5 _lf.,__-----'-l__,_q_--=--o_,_t/ ___ Vote: 7 _____________ Vote: _______ _ City Council Meeting(s): _Jj-!--_-_'2_&_-_0_3/ _____ _ ' _____________ Vote: _____ _ _____________ Vote: _____ _ )2{. Resolution: