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Home My WebLink AboutProject PacketENGINEER COP t ~ f'\ t\5g , .. 11:::N NEPii"~ cuuN r v PFUJPl:::i:n .. f TJil.,'/J~i:;~· J;Ld:--7-dl ::;H:i;\:;j:i:~;;'.i!f:lN ;Ii, ~)!;o :":·i~·~;· i .. :! iN IC I-Prtb·{-f-Y-:-~-fJ RtiNO -·----Ot-7'-. ······· · C:l8·)----------·---·----· -·a-7 .. : ...... -.... ·cicY ·•·· ·-------. ·--.-·-. ... -·-·-··--·-·---· -· .... . .. / PtiY /0 ·,1.-NE~ .. Pl...t,T ............. ,1, TU t,::;i:;r! SCH Dl i;;T ::.!7 6 WATERSHED GREEN ACPER SEWER DIST -T F P P Ch..! ,11, ··· OPEN S PACE T Rt1N':::; I... J i'-lE/E / JNDIC ll l-9 l .UE.~~:i~H+±-NyS)-.:._ ______ . _. · PROPERTY ID 23-111 ~23 23 0015 UWNER GE & V WALSH TAXPAYER N/A GERA LD E & VAL.ERIE WAL.SH ·:::•··: ... ··:";·:_-·;···· ... :::· · ·; .............................. ·A· PF(··, l Jr:·(; T v' ·A· F PD M (.:, c; S I< / / t, U I r I D h ........ .................................. ...... . , ... ,. . . .. ,. ............... , ,. · Dti"i'E · :J.0/:::.t•J/<?/ +: l_,._11) ............... ·.It l,h~I...UE. 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ED {'.\ ]Jl:!i ·l =II = 0?/:1.?/:I.D D"/ 42(:.::>0 ---· ---·-·-·-·--· ----------:I. 6';··:'.'iO Nf'.iNiJR-R-f.}-l -··•··----- EDEN PRAIRIE MN 55346 DATE OF LAST TRA~ 06/30/95 03/08/93 I...OT 029 BI...OCI< ACREAGE 0.00 ---·----·---···---.••-·-·· ... --····--· ··-·· · -··--·--· · -········ · -··--·---,~i ·P-P-RHX-·-Pt-1 R GEi.:.-· f.,-I -l:-E···~J4 8-X-£18 tiX 1..~~.'.iO >~£Vi>-l'.'.- :;::;R E\ (1G 1::•T H UUN:{ l...(~(.11) DI...DG M(1CH TOTAi... H----:E)t11:;i::::1. H ----Ilt1::;i:::::.i N/H ----Bt11:;E:1. N/H ·i·c G Fi Di:;::: TC L·-·-·· _ ..... lR .. _ .. : .: __ :_ __ ··-_ 7to.a ______ _ -----...... ·----·----_._'26:::;o _ .. /tbO ·-· ........... ···-------·-. --· ···-------- . ·---------------------------------------------'--'--'---··--··----.. -· ----~----·------.... ----------·-------·----- PROPERTY ID 23 -1:1.7 -23 23 0016 -~-V-E-D~~- 0 l,JN ER · G E et t.: l.1f.1LSH TAXPAYER N/A GERALD E & VAL.ERIE t.J,~LSH .. -·tf QV-Z51907""-----"J.-6-9{'S 0-M ,; NHR-·-R-:IJ-•f''!-----· ···---··· .. . I V EDF N pi:: (1 I i:,: IE 1'1 N ::'i ~'.i :3 4 {> · ·---COUN+Y--ASSESSOR ~-- ':3R E>< {~G PT H D~JN ~{ l...r'.:1N ') HLDG . f·1t,CH ·----·-•··•··---······"---·-------·-··--- PROPERTY ADDRESS 00180 DIG I E;L.(~ND ADDITION NAME . · MORSE ISLAND PARK DATE FILED ADINt .. 09/19/1887 42l60 ------·-··-·--··• ···--·--····-·-·----·-----'-·--- DAl.E OF LASl TRAN 03/08/93 I...OT 030 BI...OCK ACREAGE 0.00 ---· .. ·-----ttfl-P-ltt)-X-NrR-C H .. :·· -S-I·ZE-kl --6-H->02.-f:';.tJ¥.--b0-X-'2--iL1---- TCJTt,I... H .. --Dt1r:i::::1. H-BASE2 N/H -BA SE1 N/H TC GHDEl'.::: TC -------··••·• ···-··· ····--··•-·-. ---··-·· ------·-··---------· I LR · ___2i6o ~?~--------·-· -----·-· . .----. ----~---·-.. /~,-=CJ'------- ,,.. u -• • •• ••••• -·-•-•--r--------··· .... ---·------04-· ----.. ,, _________ , ~ -·-:::; :::- )- .:- C -.,.. ·"'--...- z H <! z H l=Q = a w · ...... ...,,.. ..... 0 :::, H >< .--,.. :..;_: CJ u~ w ~--·i q H ✓- z PAORERTY DIVISIONS & COMBINATIONS MUNIC Division form No. HC:569 (09/94) · '3 ~ OWNER NAME ;•.····························.:,•,. " ... ____ . ADON CODE LOT BLOCK MEETS & BOUNDS TAX DESCRIPTION G_e_y \.8 .0 \:) '~ :v- J ,\tJ,°l, 510 E. ~-e....-v \ .71 l.S z._ .~ I o . o . 3 . f:> ~.o S. IL. .. , ,~[I,, I ,51--Alw,d, ,?:>jo . DATE \l') -\~-'1 + e.,v--, \ ,<: l IA-I~ -l I IV. A , \ , e ,v-,\ .~ V I-«. I cl, ,tJ DIVISION NO. ~,7,o,3,9 1 0 ~ CONDO UNIT U. 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CITY of ORONO - July 25, 1997 Street Address: 2750 Kelley Parkway Orono, MN 55356 Hennepin County Government Center Department of Property Tax & Public Records Attn: Don Deutsch, ID Controller A607 Minneapolis, MN 55487 Dear Mr. Deutsch: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 I (we), hereby make request for a combined assessment on the following described land: Legal Descriptions: PID: 23-117-23 23 0015 AND PID: 23-117-23 23 0016 Address: 180 Big Island (Record Lot 37) Municipal Code: 38 U£J_· - For 1998 Tax Year Signature of Tax Payer(s) "Yr'v;/;UJ:I Tax Payer's Address Telephone (612) 47'3-7357 e FAX 473-0510 - f£P/1 f'ra/nc §".5-Jf~ I - I CITY of ORONO August 21, 1997 Nancy Chadwick Hinshaw & Culbertson Piper Jaffray Tower, Suite 3200 222 South Ninth Street Minneapolis, MN 55402 RE: Letter of Transmittal Dear Nancy: Street Address: 2750 Kelley Parkway Orono, MN 55356 Please find enclosed the following certified resolutions: Municipal Offices Mailing Address: · P.O. Box 66 Crystal Bay, MN 55323 -0066 1. Resolution No. 3802, File No ; 2184 -Brian Carrington and Beth Carrington 2. Resolution No. 3864, File No. 2223 -Lake Minnetonka Big Island Veteran's Camp 3. Resolution No. 3905, File No. 2231 -Evan Anderson 4. Resolution No. 3933, File No. 2256 -James P. Rivers and Mary H. Rivers 5. Resolution No. 3935, File No. 22 5 8 -Gerald E. Walsh 6. Resolution No . 3936, File No. 2260 -Benjamin Milbrath and Karen Milbrath 7 . Resolution No. 3938, File No. 2262 -Loma Butterfield and Ned Butterfield 8. Resolution No. 3940, File No. 2266 -Ronald Hohrman and Robin Hohrman Please contact me at 473-7357 if you have any questions . Sincerely, _/). ?0n 1 m?.,U-try ~ r1 (,/,1_,.,i) Liz Van Zomeren City Planner/Zoning Administrator LVZ/lsv Enclosures cc : Files Telephone (6U) 473-7357 • FAX 473~10 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. #2258 NOTICE OF COUNCIL ACTION Date of Notice: July 30, 1997 -------------------------------------------------------------------------- TO: Gerald E. Walsh 16950 North Manor Road Eden Prairie, MN 55346 --------------------------------------------------------------------------- TYPE OF APPLICATION: Variance DATE OF MEETING: 7/28/97 VOTE: 5 FOR O AGAINST COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you. 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. The enclosed form for legal combination of your two tax parcels should be signed and returned to the Deputy Clerk. 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. lsv l\flNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 28, 1997 (#8) #2258 GERALD E. WALSH, 180 BIG ISLAND -VARIANCE - RESOLUTION NO. 3935 Mrs. Walsh was present. • Gaffron reported that the request is for the lot area variance similar to those granted to other Record Lots per the RS District ordinances which began in 1983. The property on Big Island was reviewed together, grouped by ownership, categorized by size, and · granted a variance for building of Record Lots. The owners of lots that were allowed this variance were required to execute variance documents. This property was vacant at that time and has changed ownership several times. The documents were not signed for the subject property. The applicant would like to guarantee his right to build on the property and formally establish the automatic lot area variance. Gaffron reviewed the .64 acre property, which is 100' wide x 283' deep, a size common to other lots in the area. Gaffron said the applicant would be required to obtain a survey · of the property if he desires building permits. Gaffron said the property is located in the 5 acre zoning and would not be eligible for subdivision. Kelley moved, Goetten seconded, to approve Resolution No. 3935. Vote: Ayes 5, Nays 0. (*#9) #2260 BENJAMIN MILBRATH, 3265 CARMAN ROAD -CONDITIONAL USE PERMIT -RESOLUTION NO. 3936 Goetten moved, Peterson seconded, to adopt Resolution No. 3936. Vote: Ayes 5, Nays 0. (#10) #2261 TONY EIDEN COMPANY, 345 LEAF STREET-VARIANCE- RESOLUTION NO. 3937 Diane Eiden was present. 7 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Michael P. Gaffron Name Title Asst. Planning & Zoning Administrator DATE: July 23, 1997 ,') ITEM NO.: '\:'' '1 Agenda Section: Zoning Item Description: #2258 Gerald E. Walsh, 180 Big Island -Lot Area Variance -Resolution Zoning District: RS, Seasonal Recreational. Application: Request for lot area variance similar to those granted to other Record Lots per the RS District ordinances beginning in 1983. List of Exhibits A -Resolution B -Notice of Planning Commission Action 7 /23/97 C -Memo and Exhibits of 7 / 14/97 Summary of Request Please review the memo and exhibits of July 14th. Briefly, applicant requests the "automatic lot area variance" similar to those granted for similar lots on Big Island per the 1983 RS District ordinances. Those variances were granted and resolutions adopted without a fee requirement and without the need for a survey until such time that an actual building or construction is proposed. Applicant has paid the current $220 variance application fee, but was not required to provide a survey. Planning Commission Recommendation Planning Commission recommended approval as outlined in the staff memo, subject to legal combination of the two tax parcels that comprise this record lot. Staff Recommendation Staff recommends approval per the attached resolution. COUNCIL ACTION REQUESTED: Adopt the <!,ttached resolution. Proposed motion: Moved by ___ , seconded by ___ , to adopt Resolution # __ approving a lot area variance for Record Lot No. 37 (180 Big Island) pursuant to Ordinance No. 246, Municipal Zoning Code Section 10.31 -File No. 2258. ch Minnesota: APPROVING A LOT AREA VARIAN CE FOR RECORD LOT NO. 37 (180 BIG ISLAND) PURSUANT TO ORDINANCE NO. 246, MUNICIPAL ZONING CODE SECTION 10.31 FILE #2258 BE IT RESOLVED, by the City Council of Orono, Hennepin County, FINDINGS 1. That Gerald E. Walsh is the owner of record of the following described property located within the RS Seasonal Recreational Zoning District of the City of Orono: Lots 29 and 30, Morse Island Park, Hennepin County, Minnesota (hereinafter the property). 2. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and determined that all the above described property combined is and shall hereinafter and henceforth be one "Record Lot" as defined in Section 10.31 of said ordinance. 3. That all the above described property when combined as one Record Lot is still less than the minimum lot size required for new lots in the RS District, but that this Record Lot is being used and/or may be used in the future for any permitted use in the RS District without adverse effect upon public health, safety or welfare. CONCLUSION The City Council of Orono hereby grants a lot area variance to the above described Record Lot based on the above findings and subject to the following conditions: Page 1 of 4 1. This Record Lot including all the above described property combined shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area or otherwise separated without application for and approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete "Record Lot" as a single unit. 2. The owner shall legally combine the two tax parcels as a condition of this approval. 3. Granting this variance means this Record Lot may be used for one-family seasonal recreational use without a structure; or a single new seasonal dwelling may be built; or an existing seasonal dwelling may be used, improved, added-onto or replaced; all without requiring further City Council review of lot size, but subject to strict compliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. 4. Granting this variance shall not vest any rights in the property other than as specifically provided in Ordinance No. 246, and shall not preclude a future City Council from amending, modifying or otherwise limiting development rights and/or performance standards in the RS District. 5. The undersigned has read and understood the terms of this resolution and on behalf of himself, his heirs, successors and assigns, agrees that the above described property constitutes a single Record Lot; agrees that the Record Lot use may be so limited by the City; and agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of July, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner( s) Page 2 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of July, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Gerald E. Walsh 16950 N. Manor Rd. Eden Prairie, MN 55346 TYPE OF APPLICATION: DATE OF MEETING: 7/21/97 Variance ZONING FILE #2258 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 23, 1997 COPIES TO: VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council Monday, July 28, 1997, meeting starts at 7:00 p.m. 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. ch TO: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: July 14, 1997 SUBJECT: #2258 Gerald E. Walsh, 180 Big Island -Lot Area Variance -Public Hearing Zoning District: RS, Seasonal Recreational. Application: Request for lot area variance similar to those granted per the RS District ordinances in 1983. List of Exhibits A -Application B -Plat Map C -Property Owners List D -Topographic Map E -Excerpts from 1983 Information Packet F -Excerpts from RS District Ordinances Summary of Application Mr. Walsh recently purchased 180 Big Island, also known as Record Lot 37, a 100'x280' (0.64 acre) lot comprised of two tax parcels. This record lot is listed as a substandard buildable record lot in the RS ordinance, which means the City would allow construction of a seasonal cabin and related amenities. When the RS ordinance was adopted in 1983, all owners of substandard buildable record lots were given the opportunity to apply for an "automatic lot area variance" at no charge, by signing and returning specific documents to formalize the buildable lot status. Approximately two-thirds of the eligible owners took advantage of this, and a few others have dribbled in over the last fourteen years, typicall as a result of a request for building permit or transfer of ownership. Records indicate 38 of 53 "substandard buildable record lots" have completed the area variance requirement. Applicant at this time has no specific plans to build on the property, which is currently vacant, but is requesting the formal lot area variance be granted as was granted to similar properties. Staff has not required that a survey be submitted at this time because no survey was requested of the other properties granted such variances. The City would certainly require a survey prior to issuing building permits for the property. Also, the two tax parcels must be legally combined per Section 10.31 Subd. 6(B). Zoning File #2258 July 14, 1997 Page2 Staff Recommendation Staff recommends approval of the requested lot area variance per the provisions of the RS Zoning District standards, including legal combination. Options for Action 1. Recommend approval as proposed. 2. Recommend conditional approval. 3. Table for further information (specify). 4. Recommend denial (state reasons). 5. Other. ch CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) Application # o?dS g Date Received b -ol3---q z Amount Paid aa o . Ot> S; PROPERTY INFORMATION ~ SiteAddress O 16 / SL4/tJt) ~ Property Identification Number (P.I.D.) 2 ~-17 2 -2~ Zs ()O I~ Attach legal description to apvlication if not included on required survey. Date P~:;cquired 6 / q7 (month/year) I ~ o not also own the ~djacent parcels of land. Present use of property: residential -2s._other (specify) l<£0'?£"4no.JA l.. Zoning District: ------------------------- APPLICAN Name E1"A1..0 £ t,J AU.Ii Address: / b 9SV ti )14:>JO:< teoACJ OWNER (if different than applicant) Name Phone (home) bl "l Cjl.j 9 O't~ b Phone (work) 61?.. 1~ fi . ~SK~ City: £01;r1 @.41 --rt? Zip: !>"53/f i:, Phone (home) _______ _ ---------------Phone (work) _______ _ Address: ------------City: ________ Zip: ___ _ DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: f.e1"1 ,tlc,4-el"le\.\t o+ "5 111J.fu-l-he ..-J t\ Jo+ 4-,,.-e-.e...-'Vi_G_Y'_~-".\C-€-,-- . ~ II'\ 9 -; 1 •· ri -012..011vA..rc..t: # 'Z, b T ,t().lc.!) attach additional sheets if necessary) VARIANCES REQUIRED __x_ Lot Area Lot Width Hardcover Setback: Front Side Rear __ Lot Coverage Average Lakeshore __ Oth~r (specify) _______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual prop erty condition~ preventing compliance with Zoning Code requirements: ~ 'b Lsli;...,J Irr '1""'eb, 1/4 11'"'(1\r'll ~ @Y'12ir?H J lh I '1 23 Wf..:) Hot t:~i.\+t"'i!J 0' ·-fl .. ,, aWHfr/' of rec o-al (attach additional sheets if necessary) 7 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 6] ,J) Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). 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). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. 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 consultant expenses incurred in review of this application, and certifies that the information supJilied is ~correct to the best of his/her knowledge. Applicant's Signature ~ 1-J6.. Date C, b r/ °I 7 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants , agents, Commission members, and Council members for purposes of · stigation and verification of this request. ~t)_ Date t/;r/1 7 Owner's Signature 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 to advise the Building & Zoning Office of this change prior to the meeting. 8 CITY of ORONO May 23, 1997 Gerald Walsh 16950 North Manor Road Eden Prairie, MN 55346 Street Address: 2750 Kelley Parkway Orono, MN 55356 Re: Record Lot 37 (Address: 180 Big Island) Dear Mr. Walsh: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Enclosed per your request is a copy of the zoning ordinances for the RS Seasonal Recreation District. Also enclosed is additional information from our files regarding the status of buildability of the property. Record Lot 37 is listed as a Substandard Buildable Record Lot. Owners of all such lots were given the opportunity to apply for a no-cost Automatic Lot Area Variance in 1983. The prior owners of your property did not take that opportunity, hence before the City could issue building permits, you would have to make a lot area variance application. I believe this is more a technicality than a problem, since per the zoning ordinances, the lot is intended to be buildable. You would have to provide a survey of the property and other items as part of the variance application process. Please contact me at 473-7357 if you wish to proceed with such an application. Sincerely, ¥ k/J,· /v- Michael P. Gaf n Asst. Planning & Zoning Administrator encl. Telephone (612) 473-7357 • FAX 473-0510 320 . 76 B ( 3) o ' a:, ( 2) 3c 0 0 :z ----- 1~ \ : ... I - .-.. 'RON DATE 06/04/97 BAT.CM 50-+ PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OVINER NAME TAXPAYER NAME/AD DR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 23~117-23 23 0015 00180 BIG ISLAND CAROL J MCCARTY CAROL J MCCARTY 1984 WRANGLERS WAY COTTONWOOD AZ 86326 38 23-117-23 23 0020 00160 BIG ISLAND JOHN DURAN & WIFE JOHN DURAN PO BOX 290 BIG ISLAND EXCELSIOR MN 55331 38 23-117-23 23. 0032 00200 BIG ISLAND JAMES W OGLAND JAMES HOGLAND 3345 CRYSTAL BAY RD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST . 38 23-117-23 23 0016 00180 BIG ISLAND CAROL J MCCARTY CAROL J MCCARTY 1984 NRANGLERS NAY COTTONWOOD AZ 86326 38 23-117-23 23 0028 00220 BIG ISLAND GEORGIA RUUD 'ET .AL I MARGARET SCHEFTEL PO BOX 176 EXCELSIOR MN 55331 38 ,23-117-23 23 0035 00190 BIG ISLAND STEPHEN R O'GARA STEPHEN R O'GARA 2914.W 44TH ST MPLS MN 55410 REPORT NO. PI435401 38 23-117-23 23 0019 00160 BIG ISLAND JOHN D URAN . JOHN DURAN PO BOX t90 BIG ISLAND . EXCELSIOR MN 55331 38 23-117-23 23 0029 00170 BIG ISLAND PAGE 7 · •,· JOSEPH M & MARIE J BACKES JOSEPH M & MARIE J BACKES LOT 31 BIG ISLAND BOX 183 EXCELSIOR MN 55331 TOTAL BATCH 504 00008 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE . REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY i"A)!:ATION;To THE BEST OF MY KNOWLEDGE AND BELIEF.,, A'\ ' . Al IJIJ -... DATE(, 5 J:f 7 BY . , ~ ~ ---------- :3:: 0 0 z -- -·••,. MINNETONKA I I 1 JN KJ\ ! BE ,\CH \} HUNTINGTON roINT DEERING ISLAND INSERT MAHPIYATA B OFFICIAL RECORD LOT MAP ORDINANCE NO. 246 -DECEMBER 30, 1982 RS SEASONAL RECREATIONAL ZONING DISTRICT NOT TO SCJ\LE )~/7 ??Ti.::~.1 4:,.-:7:l l~-BlG 1sufaD' ,,,.rp-,1;1/ . ,,.,,.' ____ ,, .. , .. ,,. .. ,.,. . .,. . , (\~\t2:::~~~·f::.:-..:.~·-:~ t . .:.<,· ........ /; •. t1 t ,,, .• I'/. .. He1111e,p.in Pall.fl RMe/tVe V.i.6 Vil. A«hWt All.en W.ildU6e ~ 'Ct/){f}~ ... /,>~•t \ . /..,.:f~.,.~•· o/. ,-;' ,.; il-'·0'?1~~.r~;\i~{tt~:.f ii:· I CKOWN POINT ... ·~~--~'• I -! , • • • • · . Sta.te 06 ·1w1n; B.lg Jiiia.,td_ Ve.teJiru'l4 ., ., •,, , , . , , I, , , ! .:-rrj-:-1 ... __ ... _: 'w~_t": ~: . . l ••• ••••• Ca.mp POINT CHARMING . I j·: l;.!j,. il f ,-,.1 l ' i_:1,-.:.·;,;_• '..i tij ·4i •. i .\ ·11 __ .;._; .,;_-_}_11' ·;: !}f)~ . .--r:fr~·-\t:·f·i;.J_.r·_~}'"~ :~ f; I .: '' I i \i1 r' i-it•i'. ~,, It" ! i , l I f f I I i I I I t . NORTH ·1. \ I 't -' T1 .. , ! 11 0 CITY of 0R0MO.--.-- Post Office Box 66•Crystal Bay. Minnesota 95323•Municipal Offices On the North Shore of Lake Minnetonka ORDINANCE NO. 246 RS SEASONAL RECREATIONAL ZONING OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983 473-7357 This notice is provided to the owner/taxpayer of record according to Ordinance #246, Section 34.336. The following Record Lot classification will be considered accurate and final unless you have some reason to dispute the facts used to make the classification. Record Lot identification forms the basis for the granting of automati~_~ot area variances that ''Grandfather" existing properties of less than 5 acres in area. RECORD LOT means all the contiguous or abutting land owned in coIIllD.on by the same person or persons as of November 9, 1981, (the effective date of the island moratorium) or at any time such common-ownership may occur thereafter, including one or more separately pl·atted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "Record Lot" is coIIllD.only-owned land that is contiguous except for being separated only by platted unopened public right-of-way. Record Lot 1137 Mark C. Kaiser 6621 Watervan Ave. Edina, MN 55343 APPROXIMATE SIZE ACRES & CLASSIFICATION: (size is exclusive of any wetlands) OVER 10 ACRES, (may be SUBDIVIDABLEf --OVER 5 ACRES, but LESS THAN 10 ACRES --(conforming but not SUBDIVIDABLE) \(" SUBSTANDARD/BUILDABLE (less than 5 acres; ~a new seasonal cabin may be built, or an existing seasonal cabin may be improved, added-onto or replaced, subject to setbacks, permits, etc., but without requiring further City Council review) UNBUILDABLE (means a vacant lot of less than --1/2 acre; may be used for recreational purposes without a cabin, but requires a Council approved variance to be built on) This RECORD LOT consists of ;? _..=;_ __ tax parcel(s) as follows: EXISTING USE CLASSIFICATION ,KRECREATIONAL USE ONLY (without a cabin) __ SEASONAL CABIN, used 180 days or less/year (if your cabin is used more than 180 days/ year, please complete the YELL.OW application). __ Seasonal Cabin plus a PRIVATE GUEST CABIN __ Other CONDITIONAL USE PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMATION. If there ·is an error or a change, please mark the correction and return this page to the City in the enclosed postage- paid envelope. We want this permanent recor.d to be correct. IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR PROPERTY, you must file a formal written appeal before Jµly 1, 1983, or the record lot will remain classified as above. Sign below and return along with a separate letter stating the problem and facts supporting any change. Additional information may be requested to verify any challenge such as surveys, utility bills, copies of recorded deeds, etc. Owner/Taxpayer Date Phone February 15, 1983 ecord Lot ff 37 Mar • a,ser 6621 Watervan Ave. Edina, MN 55343 Dear Island Landowner: CITYofORO 0 Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka The purpose of this letter is to provide you with information regarding the recent zoning changes on Big Island, and how these changes may affect your property. The new RS Seasonal Recreational zoning regulations were established ·. by City Council adoption of Ordinance #246 on December 30, 1982. This action also ended the development moratorium that had been in effect since November 9, 1981. A summary of the ordinance is attached. If you are interested, a complete text of the ordinance is also available for a nominal charge of $3.00 to defer printing and mailing ·costs. Your property is identified in the ordinance by the Record Lot Number shown above and on the attached blue page. This identification is part of a special section that inventories lot by lot the ownership patterns and existing uses of island property. Based on this record, the ordinance then "grandfathers" building rights for these Record Lots by making them eligible for lot area variances. This means that for the first time even if your lot is less than five acres (or two acres under the previous ordinance) that you may now build a new seasonal cabin, or if you already have a cabin,that it may continue to be used, improved, added-onto or replaced with a new cabin, subject to building permits and setback regulations, etc., but without questioning its use for building purposes, and without requiring any special City Council review. In order for you to automatically receive the benefits of the lot area variance, you should review and complete the following before July 1, 1983: 1. Please verify the Record Lot information on the attached blue page and notify the City if there is a problem or a change. BUILDING & ZONING -473-7357 ASSESSING • ADMINISTRATION&. FINANCE -473-7358 (over) • PUBLIC WORKS -473-7359 Island Landowners February 15, 1983 Page 2 2 • 3. If the Record Lot information is complete, please sign, have notarized and return the white Variance Resolution. State law requires that all zoning variances be recorded with the County Recorder in resolution form. Returning this resolution is optional, but if you choose not to do so, you may be required to pay a fee and file a formal variance application in the future if you ever plan to do any building on the property. There is no fee for having this automatic variance recorded at this time. If your Record Lot consists of two or more separate tax parcels, a green form for requesting a combined assessment is enclosed. Please sign and return this to the City to allow your tax records to be changed into one parcel consistent with the zoning and to assure the most favorable tax rate possible. 4. A conditional use permit issued by the City Council is required for certain land uses in the RS District, including the following residential uses: a) If you use or have used your cabin FOR MORE THAN 180 DAYS/YEAR. b) If you have MORE THAN ONE CABIN on your property. Refer to the enclosed yellow sheet for a definition of these uses including a description of when a special permit is or is not required If you wish to apply for a permit, mark the yellow page and return it to the City. We will send you_ the appropriate application form by return wail. A postage-paid envelope is enclosed for your use in returning the above forms to the City. If you have.any questions about this, please call Alan Olson or Jeanne Mabusth at 473-7357. On behalf of the City Council and Planning Commission, I want to take this opportunity to thank each and everyone of you whose interest and participation this past year has helped so much in the completion of this planning process. I have certainly enjoyed meeting all of you and learning so much about your island. I hope this last step can be kept as simple as possible so that your property rights can be correctly recorded for your future benefit. Sincerely, P/t:f;;~ -~~:.,.1. 01 son City Planner Enclosures I I I I I I ] . ' I I I ii - D • I § 10. 31 G. Permit Limitations. A permit issued under this Subdivision shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements made thereto. Permits issued under this Subdivision shall be valid for one year, shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittee at least thirty days prior to the anniversary date. H. Hold Harmless. As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the City from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. I. Permit Hearing and Notice. The Planning Commission or the Council shall hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days or more than thirty days prior to the date of the hearing by publication in the legal newspaper for the City. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings. At the public hearing, the Planning Commission or the Council shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or Subd. 6. Lot Area Requirements. Within any "RS" Seasonal Recreational District, no new lot or parcel shall be created less than 5.0 acres in dry buildable lot area exclusive of any designated wetlands. Within any "RS" Seasonal Recreational District, the following provisions shall govern the buildabili ty, use and/or subdivision of each .existing record lot as defined and identified therein: A. Record Lot Definition. For purposes of the "RS" Seasonal Recreational District, a "record lot" shall mean all the contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, or at any time such common ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "record lot" is commonly-owned land that is contiguous except for being separated only by platted ORONO CC 313 (4-1-84) ---~---·'"=~--------L--~------ • • . § 10.31. unopened public right-of-way. Each record lot as defined and -~ identified herein shall be considered in its entirety to be one lot ■· for zoning purposes. . 1. The effective date for determination of common ownership is November 9, 1981, the date of adoption of ■ Ordinance No. 238 establishing a moratorium on development, _ including land subdivision, on the Lake Minnetonka Islands. Common ownership as of that date has been and shall be determined by the ■ deeds of record at the Hennepin County Recorder's Office. This definition shall not preclude the City from recognizing or · enforcing the common ownership/lot of record provisions of. Ordinance No. 172, or any other similar prior ordinance. . 2. The Council has identified and hereby establishes 69 record lots on Big Island, Mahpiyata Island and ■· Deering Island as listed by Record Lot Number in the left-hand _ column of Subparagraphs D, E, F and G of this Subdivision. Each such record lot shall include all land identified by all tax parcel. property identification numbers (PID's) grouped together following the Record Lot Number. 3. Within sixty days after adoption of this,~I Section, the owner of each record lot shall be notified in writing~ at his last recorded address of the classification of each record lot, including all tax parcels determined to be included in such. record lot. All existing uses in the "RS" District are identified in the Record Lot Inventory, Subparagraphs D, E, F and G of this Subdivision, and all such uses have been deemed to be seasonal in. nature. The notice shall provide that in order to receive the benefits of the automatic lot area variances granted by Subparagraphs F and Hof this Subdivision, the owner shall on a form provided by the City acknowledge the record lot and shall. apply for combination of all separate tax parcels pursuant to Subparagraph B of this Subdivision. Any record lot owner may appeal the record lot classification or use determination to the. Council with no application fee required within six months of the .. effective date of this Section. The Record Lot Inventory shall be considered accurate and final for all propertie. s except those found. on appeal to have a demonstrable cause for change or adjustment. . - 4. Notice of record lot establishment as determined herein shall be filed by the City in the chain of title•-· of each property. . 5. Future changes in tax parcel property. identification numbers caused by combination of parcels for tax purposes or for any other reason shall not alter the establishment~ of record lots listed hereinafter. New record lots shall be_ - created only by Council approved subdivisions pursuant tJE-11 Subparagraph C of this Subdivision, or by combination of two o~~ more complete record lots listed hereinafter. II ORONO CC 314 (4-1-84) • ' ' ' ll I ' ' ' l I ' I I I I § 10. 31 B. Tax Parcel Combination Required. No new building permit, variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless or until the owner of such record lot shall apply for a formal combination of all commonly-owned property into one parcel. If contiguous, all property shall be combined into one tax parcel. If separated by public right-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. C. Subdivision of Record Lots. All record lots established in this Subdivision shall be continuLd in common ownership and shall not be subdivided, sold in parts, reduced in area, leased or otherwise separated without application for and Counc i 1 approval of a "subdivision" in accordance with the Subdivision Regulations Chapter. Such subdivisions will normally be approved and additional new record lots created only if all resulting lots are each 5.0 acres of dry-buildable lot area or more. No existing record lot shall be divided or reduced in area to less than 5.0 acres of dry-buildable lot area, except as follows: 1. Lot line rearrangements between abutting properties that do not create an additional building site will normally be approved. 2. Separation. of platted lots divided by public rights-of-way may be approved provided the separated lot is combined with other abutting property to enlarge said property without necessarily creating an additional substandard building site. D. Subdividable Record Lot Inventory. The following record lots are hereby established, each of which is determined to have a dry-buildable lot area in excess of 10.0 acres per owner. Therefore, each of the following record lots may be subdivided into two or more lots in conformance with the minimum lot area requirements of this Subdivision subject to subdivision application and approval pursuant to Subparagraph C of this Subdivision and to the Subdivision Regulations Chapter. Record lots are identified by Record Lot Number, and each includes all property identified thereafter by the listed tax parcel property identification numbers: ORONO CC 315 (4-1-84) CITY of ORONO - July 25, 1997 Street Address: 2750 Kelley Parkway Orono, MN 55356 Hennepin County Government Center Department of Property Tax & Public Records Attn: Don Deutsch, ID Controller A607 Minneapolis, MN 55487 Dear Mr. Deutsch: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 I (we), hereby make request for a combined assessment on the following described land: Legal Descriptions: PID: 23-117-23 23 0015 AND PID: 23-117-23 23 0016 Address: 180 Big Island (Record Lot 37) Municipal Code: 38 6J_ Sig~,.e / Fee Owner(s) -Yu-6&!//clL_ ~ For 1998 Tax Year -Signature of Tax Payer(s) ,;Y~,/A:,W !6C/.s7J ,4/ct>IA jrJ{i/}cr Kc&c[ Tax Payer's Address Telephone (612) 473-7357 • FAX 473-0510 ~JP/1 f'no 'oe. §"j-J'/~ ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 21, 1997 (#7 -#2257 Dennis A. Meyer -Continued) Shirley Bull , 4690 Tonkaview, asked if the variance was approved , if it would be setting a precedent for the neighborhood due to the lot size. Gaffron said the LR-lB Zoning District requires one acre lots but the lot sizes in the Tonkaview neighborhood range from .39 to 1.61 acres. There are 11 lots that are larger and 7 that are equal to or smaller than applicants , so he does not view the request as setting a precedent as it falls within the average. Bull noted that the applicant also owns 4655 Tonkaview, the lot to the south. She questioned whether the applicant was taking land from this property to add to the proposed lot to make it adequate in size . Gaffron said there is no intent to make a lot line rearrangement and the two lots are separate lots of record. McMillan noted that the driveway on the west side would be used to access two tuckunder garages to the south. With five planned garages, she voiced concern with runoff to the south from it. Smith asked if a drainage plan was being requested. Gaffron said the drainage plan has been submitted but has not yet been reviewed with the City Engineer regarding continued drainage to the south. He questioned whether the north half of the house could be made to drain to the north but noted the lots across the road are all lower than Tonkav iew and questioned how it would affect the properties to the north. The additional hard surface will add to the drainage. Gaffron said a stormw ater pond might be necessary. Lindquist said approval could be subject to drainage approval by the City Engineer. The applicant said he would be willing to do what is necessary. Schroeder moved, Smith seconded, to approve Application #2257 for lot area variance subject to acceptable grading and drainage plans approved by the City Engineer. Vote : Ayes 6 , Nays 0. (#8) #2258 GERALD A. WALSH 180 BIG ISLAND VARIANCE PUBIC HEARING 8:20-8:22 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gaffron reported that the request is for a lot area variance. He indicated that the RS District ordinance was adopted in 1983 which defined combining a group of parcels as a Record Lot granting t he m lot area variances and the majority deemed buildable. The property owners were required at that time to file formal documentation to acquire this variance . The applicant is ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 21, 1997 (#8 -#2258 Gerald A. Walsh-Continued) asking for this variance now that was granted for the other properties. The property in question has changed ownership several times. The subject property consisting of two tax parcels is 100' wide, 280' deep, and .64 acres in area. Gaffron said staff recommends approval per the provisions of the RS district and legal combination to result in one tax parcel. The applicant said he had no additional comments. There were no public comments. Schroeder was informed by Gaffron that the RS designation still applies. McMillan moved, Hawn seconded, to approve Application #2258. Vote: Ayes 6, Nays 0. (#9) #2259 MARK AND LAURIE HEADRICK 1850 FOX RIDGE ROAD VARIANCE PUBLIC HEARING 8:22-8:45 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gaffron indicated that a letter was received from a neighboring property owner. Gaffron reported that the request is for side and front setbacks to convert a garage to a family room and add a new garage. The required side yard setback is 30', which exists at 24.5' and is proposed at 5'. The required front yard setback is 50', existing at 38.6' and proposed at 36.6'. The current zoning for side setback was adopted after the house was built. The property is located in the two acre zoning district. Gaffron informed the Commission that the proposed two car garage addition will also include a mudroom, deck, and kitchen expansion. It would be located 5' from the north side lot line. It meets the 50' setback from the front. The proposal also includes a bump out to the front of the existing garage. 14 City of ORO 0 RESOLUTION OF THE CITY COUNCIL NO. _______ _ APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 3 7 PURSUANT TO ORDINANCE NO. 246, MUNICIPAL ZONING CODE SECTION 10.31 0 BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota: FINDINGS 1.' That .,..-,---------------------,. is (are) the owner(s)/tax- payer(s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: Lots 29 and 30, Morse Island Park, Hennepin County, Minnesota 2. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has deter~ mined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 10.31 of said ordinance. 3. That all the above described property when combined as one RECORD LOT is still less than the minimum lot size required for new lots in the RS District, but that this RECORD LOT is being used and/or may be used in the future for any permitted use in the RS District without adverse affect upon public health, safety, or welfare. CONCLUSION The City Council of Orono hereby grants a lot area variance to the above described RECORD LOT based on the above findings and subject to the following conditions: 1. This RECORD LOT including all the above described property combined shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area or otherwise separated without application for and approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete "RECORD LOT" as a single unit. 2. Granting this variance means this RECORD LOT may be used for one- family seasonal recreational use without a structure; or a single new seasonal dwelling may be built; or an existing seasonal dwelling may be used, improved, added-onto or replaced; all without requiring further City Counci 1 review of lot size, but subject to strict com- pliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. CityofORO 0 RESOLUTION OF THE CITY COUNCIL NO. _______ _ PAGE 2; RECORD LOT N0._3-7 __ RESOLUTION NO. 3. Granting this variance shall not vest any rights in the property other than as specifically provided in Ordinance No. 246, and shall not preclude a future City Council from amending, modifying or otherwise limiting development rights and/or performance standards in the RS District. 4. The undersigned has read and understood the terms of this resolution and on behalf of himself, his heirs, successors and assigns, agrees that the above described property constitutes a single RECORD LOT; agrees that the RECORD LOT use may be so limited by the City; and agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 19 ATTEST: Dorothy M. Hallin, City Clerk (1) Property Owner(s) STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) Mary C. Butler, Mayor ( 2) day of ____ , On this and for day of , 198, before me, a Notary Public said Count-y-,--p-ersonally appeared within known to ------------------------------------me to be the person(s) described in and who executed the foregoing instru- ment, and acknowledged that he {they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: This instrument was drafted City of Orono P.O. Box 66 Crystal Bay, MN 55323 473-7357 Exempt by: CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Gemar, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2258, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of July, 1997. Jamie ~mar CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, July 21, 1997, beginning at 7:00 p.m., on the matter ofreviewing the following land use applications: 1. #2187 Donald and Robin Helgager, owners of the property located at 3265 Sixth Avenue North, request lakeshore setback, average lakeshore setback, side setback and street setback variances for additions to their existing residence. 2 . · #2253 David Reinhold, owner of the property located at 3551 Livingston Avenue, requests lot area and lot width variances to remove an existing residence and construct a new residence. 3 . #2254 Curtis and Barbara Palmer, owners of the property located at 2710 Casco Point Road, request a variance to add a dormer to an existing non-conforming garage . 4. #2255 Rick Rice , owner of the property located at 2700 Kelly Avenue, requests side and rear setback variances to add a deck to an existing residence. 5. #2256 James and Mary Rivers, owners of the property located at 1442 Shoreline Drive, request a variance to increase structure in the 0-75' setback from the lakeshore to change the roofline. 6. #2257 Dennis A Meyer, owner of the property located at 4655 Tonkaview Lane, requests lot area and lot width variances to construct a new residence on a parcel of land located between 4655 and 4725 Tonkaview Lane. 7. #2258 Gerald A Walsh, owner of the property located at 180 Big Island, requests reinstatement of a lot area variance. 8. #2259 Mark and Laurie Headrick, owners of the property located at 1850 Fox Ridge Road, request a side setback variance to convert the existing garage to a family room and to add a new garage. 9. #2260 Benjamin Milbrath, owner of the property located at 3265 Carman Road, requests a conditional use permit to grade the land within the 0-75' setback and replace a retaining wall. 10. #2261 Tony Eiden Company, owner of the property located at 345 Leaf Street, requests a lot area variance to remove an existing residence and construct a new residence. 1 11. #2262 Ned Butterfield, owner of the property located at 3 7 45 Watertown Road, requests a conditional use permit to alter land by grading or filling with more than 101 cubic yards of soil. 12. #2264 Janet C. Kiernan, owner of the property located at 1491 Shoreline Drive, requests side setback, lake setback, average lakeshore setback, and hardcover variances to construct a new residence to replace the existing residence. 13. #2265 Robert Lund, on behalf of Graydon K. and Michelle M. Newman, owners of the property located at 1655 Bohns Point Road, requests an average lakeshore setback to remove an existing residence to construct a new residence. 14. #2266 Ronald and Robin Bohrman, owners of the property located at 190 Cygnet Place, request side and rear setback variances to add one stall to an existing garage and a screened porch to an existing residence. 15. #2267 John O'Sullivan, on behalf of Adam Smith Company, owner of the property located at 23 80 Shadywood Road, requests a commercial site plan review for approval of a proposed driveway located at 2380 Shadywood Road for Culver's Restaurant located at 3340 Shoreline Drive to access the existing parking lot. 16. #2268 Robert T. Callan, owner of the property located at 2995 Deer Run Trail, requests a side yard variance to construct a new residence on a vacant lot. 17. #2270 Marcia and Kenneth Hickey, owners of the property located at 4640 Tonkaview Lane, request variances and a conditional use permit to build a garage. 18. #2271 Chad Nilsson, owner of the property located at 3210 Navarre Lane, requests a rear yard variance to add a stall to an existing one car garage. 19. #2272 Wyatt Moe, owner of the property located at 1230 Spruce Place, requests a hardcover variance and lot line rearrangement. 20. #2273 Morgan Nelson, owner of the property located at 3145 Jamestown Road, requests an average lakeshore setback variance to construct a gazebo. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices for review, by appointment. For an appointment call 473-7357. Planner/Zoning Administrator To be published the week of July 5, 1997. 2 .... ·. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 473-7357 Fax 473. 0510 ~ The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, July 21 1997, beginning at 7:00 p.m., on the matter of reviewing the following.land use applications:' ~:'t 1. #2187 Donald and Robin Helgager, owners of the property located at 3265 Sixth Avenue North, request lakeshore setback, 1 average lakeshore setback, side setback and street setback variances for additions to their exi~ting residence. 2. #2253 David Reinhold, owner of the property located at 3551 Livingston Avenue, requests lot area and lot width variances to remove an existing residence and construct a new residence. ' 3. #2r4 Curtis and Barbara Palmer, owners of the property located at 271 o Casco Point Road, request a variance· to add _ a dormer to an existing non-conforming garage. 4. #2255 Rick Rice, owner of the property l_ocated at 2700 Kelly Avenue, requests side and rear setback variances to add a deck to an existing residence. 5. #2256 James and Mary Rivers, owners of the property located at 1442 Shoreline Drive, request a variance to increase structure in the 0-75' setback from the lakeshore to change the roofline. 6. #2257 Dennis A. Meyer, owner of the property located at 4655 Tonkaview Lane, requests lot area and lot width variances to construct a new residence on a parcel of land located between 4655 and 4725 Tonkaview Lane. 7. #2258 Gerald A. Walsh, owner-of the pr?perty located at 180 Big Island, requests reinstatement of a lot area variance. --8. #2259 Mark and Laurie Headrick owners of the property located at 1850 Fo; _ Riclge Road, request a side setback variance to ,convert the existing garage to a family room and to add a new garage. ·._-_ 9. #2260 Benjamin Milbrath, owner of the property located at 3265 Carman Road requests ~ ~onditional use permit to grade the land within the 0-75' setback and replace a retaining wait · 10. #2261 Tony Eiden Company, owner of the property -loca_ted at 345 Leaf Street, requests a lot area variance to remove an existing residence and construct a new . residence. _! 11. #2262 Ned Butterfield, owner of the property located at 37 45 Watertown Road requests a conditional use permit to alter land by grading or filling with more than 1 o 1 cubic yards of soil. 12. #2264 Janet C. Kiernan, owner of the property located at 1491 Shoreline Drive requests side setback, lake setback, average lakeshore setback, and hardcover variances to constrqct a new residerice to replace the existing residence. • 13. #2265 Robert Lund, on behalf of Graydon K. and Michelle M. Newman owners of the proprety located at 1655 Boh~s Point · Road, requests an average lakeshore setback to remove an existing residence. to construct a new residence. 14. #2266 Ronald and Robin Hohrman, owners of the property located at 190 Cygnet Place, request side and rear setback variances to add one stall to an existing gar_age and a screened porch to an existing residence. Affidavit of Publication 15. #2267 John O'Sullivan, on behalf of Adam Smith Company, owner of the property located at 2380 Shadywood Road, requests a commercial site plan review for approval of a proposed driveway located at 2380 _ Shadywood Road for Culver's Restaurant located at 3340 Shoreline Drive to access the existing parking lot. · 16. #2268 Robert T. Calian, owner of the property located at 2995 Deer Run Trail, requests a side yard variance to construct a anew residence on a vacant lot. 17. #2270 Marcia and Kenneth Hickey, owners of the property_ located at 4640 Tonkaview Lane, request variances and a conditional use permit to build a garage. 18. #2271 Chad Nilsson, owner of the property located at 3210 Navarre Lane, .requests a rear yard variance to add a stall to an existing one car garage. 19. #2272 Wyatt Moe, owner of the property located at 1230 Spruce Place, requests a hardcover variance and lot line rearrangement. 20. #2273 Morgan Nelson, owner of the property located at 3145 Jamestown Road, .-requests an average lakeshore setback variance to construct a gazebo. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. _ Plans are available in the City Offices for review, by appointment. For an appointment call 473-7357. City of Orono By: Planning Commission Elizabeth Van Zomeren Planner/Zoning Administratqr ; that he is i publisher R, Mound, the facts ith all the ions as a Minnesota applicable ications nns of said shed once <S: . 19_g_:z_, (Published in The Laker and Pioneer July hed every 5, 1997) th..,_e ___ dayof _______ 19 __ ; ~dAgent Subscribed and sworn to me on this 5 By: NOTARY PUBLIC • MINNESOTA MY COMMISSION EXPIRES JANUARY 31. 2000 ·a (1) Lowest classified rate paid by commercial users for comparable space: $12.20 per inch. (2) Maximum rate allowed by law for above matter: $12.20. (3) Rate actually charged for above matter: $7.00 per inch. Each additional successive week: $5.05. CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information y ou furnish will be used to determine your qualification for the permit or license requeste d. 2. You may refuse to supply data , but refusal may require that the City deny the permit or license. 3. The information may be shared . with other local , state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M .S: 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. u ll.41.-0 I.-o /;JJJ-1 W,4 LJ1f First Address f)e~ ~1.,-._.; 1 City Middle I un~ rights 'f' stated above. ~fl/4 Signature Last yvµJ State - Telephone (612) 473-7357 • FAX 473-0510 10 t /'2-'i'/IOYYL Phone Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; ( c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 11 _ _, ,///' I I )it / \ ~"' ""' ~ ~ _ _.-/' / X 935,7 "" "-"'-~ ~ ........... \....,;;' ';· ;~"' ~ ~ ~2-:....._ =--X 939. 0 ..../ "-. "-. ->'s,: "- ~.,._ { ......._ / "-" 0 ~ "' \ \ X 944.~ '--..._ ) 't ) '-~ '0 _ C / '-. ,. \ ( s;;-• .lli. /Jt )□ + + + ~ ~ I:.) ~ ~ ,,,......_,, 0J CD '--" 0-1 h..l 0 ------------------------~=~-------\\~· \ -·-~ \ N 10°W 554 I